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Lawmakers want drivers
Freezing pay-raise talks questioned By Treena Shapiro
off the ‘high’ way
Star-BulletinFrog lickers, glue sniffers and kava drinkers beware -- especially if you drive. Such intoxicants technically aren't illegal drugs. That's made it difficult to prosecute someone of driving under the influence of those substances. But law enforcement officials are trying to close that loophole.
Last year, prosecutors were able to convict 32 drugged drivers (50 percent used marijuana), up from 10 in 1998. But Deputy Prosecutor David Sandler estimates 20 to 25 percent of drivers suspected of drug intoxication escape conviction.
"Let's say someone takes kava and they're weaving all over the road. That's not on the list. We can't hold them responsible," Sandler explained. "In the majority of states if you're driving under (the influence of) any substance that messes up your mind, you're guilty."
At 8:30 a.m. Monday in Room 309 of the state Capitol, the House Transportation Committee will hear House Bill 2692 to change the definition of drug to any substance that impairs a person's ability to drive. The bill would also allow police to decide what kind of test to give a driver suspected of drug or alcohol intoxication and allow a suspect's refusal to take the test admissible evidence in court.
A companion bill in the Senate (Bill 2640) hasn't been scheduled for hearing, due to concerns that the law is unconstitutional, said Transportation Chairman Cal Kawamoto.
"Currently (the law) allows you to opt out of the test," Kawamoto said. But mandatory testing could violate a person's right to privacy.
Kawamoto (D, Waipahu, Pearl City) also questioned extending the definition of drug. "It could be anything, so we consider it too broad," Kawamoto said. "I think what we need to do is keep the designation that we have and we need to enforce the laws better."
Other bills being heard in the House Transportation Committee on Monday would make drugged drivers subject to the same penalties as drunken drivers and set maximum prison sentences for drugged drivers.
Right now, there are no maximum penalties. Senate Bill 2640 proposes that first-time offenders serve 14 hours in a drug rehabilitation program, 90-day prompt suspension of the driver's license and 72 hours of community service, and two to five days' incarceration or a fine of between $150 and $1,000.
An argument that has hampered drugged driving prosecution is that drugs often remain in a person's blood or urine after the intoxicating effects have worn off. For that reason, prosecution relies on the observations of the arresting officer, as well as assessment by a specially trained drug recognition expert.
Clifford Wong is a toxicologist at Clinical Laboratories of Hawaii, which does all the drug screening of samples from allegedly impaired drivers. He said that of 67 samples sent last year by the police departments, 59 were positive for at least one drug.
That indicates a 88 percent rate of successful assessment by drug recognition experts. "Considering these guys aren't medically trained ... it's remarkable," Wong said.
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Legislature Bills & Hawaii Revised Statutes
Unions question
By Pat Omandam
constitutionality of
freezing pay-raise talks
Star-BulletinThe question of whether the state can legally freeze talks over public worker pay raises is headed to the Hawaii Supreme Court after Gov. Ben Cayetano said this week the state will appeal a recent Circuit Court ruling that the two-year freeze was unconstitutional.
Public employee unions say the ban violates their rights to collective bargaining. But the governor believes the state can limit it under certain circumstances, especially since it has no money for new pay raises.
In other news at the state Capitol this week:
Judges' pay: The state House on Monday is poised to pass a bill that corrects the percentage of pay increase awarded to state judges last year. The 1999 Legislature intended a 22 percent increase over two years, but flaws in last year's bill gave them only 4 percent this year and 4 percent next year.
If approved, the measure goes to the Senate for final reading.
Waging waters: Shipboard gambling in Hawaiian waters makes another port of call at the state Capitol Tuesday before the House Tourism Committee.
House Bill 2904 establishes a Hawaii Gaming Board within the Department of Commerce and Consumer Affairs. It would impose an admission tax for each gambler and a 12 percent wagering tax on the adjusted gross receipts.
The measure, to be heard at 8:30 a.m. in Room 325, was introduced by Rep. Jerry Chang (D, Hilo).
Reciprocal benefits: Two state senators have introduced a bill to restore the health benefits for unmarried partners of public employees and retirees.
About 60 of these "reciprocal benefits" partners lost their health benefits last year after the Legislature did not extend the 1997 law providing coverage to domestic couples who, by law, cannot marry.
No deposit, no return: A bill requiring a deposit of 0.1 cent per each item of plastic to encourage recycling passed its first committee this week.
The idea is similar to deposits on aluminum cans, car batteries and tires in other states. But opponents say the measure could make plate lunches and other consumer goods that use plastic containers more expensive.
Senate Bill 647 SD1 is now before the Senate Ways and Means Committee.
That's all, folks: State Rep. Alex Santiago (D, Pupukea) joins Rep. Bob Herkes (D, Volcano) as the first two of 51 House incumbents who said they will not run for re-election this year. Meanwhile, Senate President Norman Mizuguchi (D, Aiea) faces a challenge this fall from City Councilwoman Donna Mercado Kim.
Mizuguchi, however, hasn't said whether he will run again.
Bucks for pols: State lawmakers approved a no-growth $19.4 million appropriations bill to run the Legislature and attached agencies for another year. But some senators complained about the lack of details in the Senate's budget. Cayetano signed the measure Wednesday.
Laudable auditor: The state Legislature unanimously reappointed state Auditor Marion Higa to another eight-year term. Higa, who has been with the office of the auditor for 29 years, has produced 209 audits since 1992, saving the state millions of dollars while improving government efficiency.
Tam strikes back: The barrage of criticism over Sen. Rod Tam's bills requiring naps and refreshments for state workers prompted the Nuuanu senator to issue a statement this week to explain his actions.
Tam said two people asked him to introduce the bills, but the media exposure has discouraged them from future participation in the legislative process. Now, he is "more determined" than ever to encourage people to get involved in government.
Next week: State deputy sheriffs would no longer be required to serve civil service court papers under a bill being heard Monday by two House committees at 1:45 p.m. in Room 325.
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Legislature Bills & Hawaii Revised Statutes
