REPORT TITLE:
Repeat Intoxicated Drivers


DESCRIPTION:
Proposes to revoke all vehicle registrations issued to a driver
who has been convicted of the DUI offense.

 
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                                                        2959
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO REPEAT INTOXICATED DRIVERS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 249-7, Hawaii Revised Statutes, is
 
 2 amended to read as follows.
 
 3      "§249-7  Number plates.  (a) Upon receipt of the tax the
 
 4 director of finance shall number and register the vehicle in the
 
 5 owner's name in a permanent record or book to be kept by the
 
 6 director for this purpose, and shall furnish the owner thereof
 
 7 with a receipt showing upon its face the license number issued
 
 8 for the vehicle and the fact that the license tax has been paid
 
 9 thereon for the whole or the remainder of the current year in
 
10 which the receipt is issued.  The director of finance shall also
 
11 furnish the owner upon the original registration of the vehicle,
 
12 two number plates for the vehicle or one plate in the case of
 
13 trailers, semi-trailers, or motorcycles with the registration
 
14 number marked thereon.  Upon the payment of the tax for each year
 
15 a tag or emblem bearing a serial number and the month and year of
 
16 expiration shall be provided to the owner.  Transfer of current
 
17 number plates, tag, or emblem, except as authorized by this
 
18 chapter or by chapter 286, is punishable by a fine of not more
 
19 than $50 for each offense.
 

 
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 1      (b)  Upon the arrest of a person for 291-4 or 291-4.4 who
 
 2 has a previous conviction for 291-4 or 291-4.4, the
 
 3 administrative driver's license revocation officer shall
 
 4 electronically cause to be entered in the vehicle registration
 
 5 file, a sanction to prevent the arrestee from conducting any
 
 6 vehicle registration transaction(s) until the expiration of the
 
 7 revocation period.
 
 8      (c)  Upon notification from the administrative driver's
 
 9 license revocation officer that a motor vehicle registration has
 
10 been revoked for a specific period of time resulting from an
 
11 arrest for 291-4 or 291-4.4 and the arrestee had a previous
 
12 conviction for 291-4 or 291-4.4 and a restricted license plate
 
13 registration has been issued to another person as designated by
 
14 the administrative driver's license revocation officer, the
 
15 director shall issue a restricted license plate good for the
 
16 remainder of that year in which the tax has been paid.  The
 
17 person to whom the restricted registration has been issued shall
 
18 renew the registration upon the expiration of the restricted
 
19 motor vehicle registration.
 
20      [(c)](d)  Upon an original registration the director of
 
21 finance shall fix, and shall charge to the owner, a fee equal to
 
22 the cost of the number plate and tag or emblem plus the
 
23 administrative cost of furnishing the plate and tag or emblem and
 

 
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 1 effecting the registration.  Upon the issuance of a new series of
 
 2 number plates as determined by the directors of finance of each
 
 3 county through majority consent, the director of finance shall
 
 4 charge the owner a fee equal to the costs of the number plate
 
 5 plus the administrative cost of furnishing the plates.  Upon
 
 6 issuing a tag or emblem, the director of finance shall charge the
 
 7 owner a fee of 50 cents.  The owner shall securely fasten the
 
 8 number plates on the vehicle, one on the front and the other on
 
 9 the rear, at a location provided by the manufacturer or in the
 
10 absence of such a location upon the bumpers of the vehicle and in
 
11 conformance with section 291-31, in such a manner as to prevent
 
12 the plates from swinging and at a minimum of twelve inches from
 
13 the ground.  Number plates shall at all times be displayed
 
14 entirely unobscured and be kept reasonably clean.  In the case of
 
15 trailers, semitrailers, or motorcycles, one plate shall be used
 
16 and it shall be fastened to the rear thereof at a location
 
17 provided by the manufacturer or in the absence of such a location
 
18 at the rear thereof, and in the case of motorcycles in
 
19 conformance with section 291-31.
 
20      [(d)](e)  Upon the issuance of the tag or emblem the owner
 
21 shall affix the tag or emblem to the top right portion of the
 
22 rear number plate, except that all vehicles owned by the State,
 
23 any county government, any board of water supply, and official
 

 
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 1 representatives of any foreign governments shall be issued
 
 2 registrations which need be renewed only in the new plate issue
 
 3 year.
 
 4      [(e)](f)  After the initial payment of the tax and the
 
 5 original registration of a vehicle as herein specified, a motor
 
 6 vehicle shall not be required to be reweighed in any succeeding
 
 7 year unless it has been so altered or changed as to increase of
 
 8 diminish its weight.  No new number plates shall, however, be
 
 9 issued to a new owner except as provided in sections 249-7.5 and
 
10 249-8.
 
11      [(f)](g) If an owner of a vehicle registered in any county,
 
12 upon the disposition of the vehicle, requests that the license
 
13 plates furnished to the owner with respect to the registration of
 
14 the vehicle be assigned to another vehicle subsequently acquired
 
15 by the director of finance at the director's discretion.  To
 
16 defray additional administrative costs incurred by acceding to
 
17 those requests, the director of finance shall charge a fee of $5
 
18 for each reassignment of license plates, in addition to the fee
 
19 for registration.  The procedure for registering the vehicles
 
20 shall otherwise be identical with that provided by this section.
 
21      SECTION 2.  Section 286-251, Hawaii Revised Statutes, is
 
22 amended by adding two new definitions to be appropriately
 
23 inserted and to read as follows:
 

 
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 1      "Family Member" means a member of the arrestee's household
 
 2 who has a valid driver's license.
 
 3      "Temporary vehicle registration" means the portion of the
 
 4 notice of administrative revocation which, when completed by the
 
 5 arresting officer, permits the arrestee to drive the vehicle(s)
 
 6 registered in the name of the arrestee for thirty days or until
 
 7 such time as the director may establish under this part."
 
 8      SECTION 3.  Section 286-251, Hawaii Revised Statutes, is
 
 9 amended by amending the definition of "administrative revocation"
 
10 and "alcohol enforcement contact".
 
11      "Administrative revocation" means termination of the
 
12 arrestee's driver's license or all motor vehicles registered to
 
13 the arrestee, or both, pursuant to this part and does not include
 
14 any revocation imposed under section 291-4 or 291-4.4.
 
15      "Alcohol enforcement contact" means any administrative
 
16 revocation ordered pursuant to this part; any driver's license
 
17 suspension, [or] revocation, or motor vehicle registration
 
18 revocation, or both, imposed by this or any other state or
 
19 federal jurisdiction for refusing to submit to a test for alcohol
 
20 concentration in the person's blood; or any conviction in this or
 
21 any state or federal jurisdiction for driving, operating, or
 
22 being in physical control of a motor vehicle while having an
 
23 unlawful concentration of alcohol in the blood, or while under
 

 
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 1 the influence of alcohol."
 
 2      SECTION 4.  Section 286-252, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "§286-252  Notice of administrative revocation; effect.  As
 
 5 used in this part, the notice of administrative revocation:
 
 6      (1)  Establishes that the arrestee's driving privilege in
 
 7           this State shall be terminated thirty days after the
 
 8           date of arrest or such later date as is established by
 
 9           the director under section 286-259 if the director
 
10           administratively revokes the arrestee's license;
 
11      (2)  Establishes that the registrations of all motor
 
12           vehicles registered to the arrestee shall be terminated
 
13           thirty days after the date of arrest following a
 
14           previous conviction of Section 291-4 or 291-4.4;
 
15     [(2)] (3) Establishes the date on which administrative
 
16           revocation proceedings against the arrestee were
 
17           initiated; and
 
18     [(3)] (4) Serves as a temporary driver's permit [to drive]
 
19           and temporary motor vehicle registration as provided in
 
20           section 286-255."
 
21      SECTION 5.  Section 286-254, Hawaii Revised Statutes, is
 
22 amended as follows: (1) By amending subsections (b), (c), (d),
 
23 (e), (g) and (h) to read as follows:
 

 
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 1      "286-254  Notice of administrative revocation; contents. (a)
 
 2 The notice of administrative revocation shall provide, at a
 
 3 minimum and in clear language, the following general information
 
 4 relating to administrative revocation:
 
 5      (1)  The statutory authority for administrative revocation;
 
 6      (2)  An explanation of the distinction between
 
 7           administrative revocation and a suspension or
 
 8           revocation imposed under section 291-4 or 291-4.4; and
 
 9      (3)  That criminal charges filed pursuant to section 291-4
 
10           or 291-4.4 may be prosecuted concurrently with the
 
11           administrative action.
 
12      (b)  The notice, when completed by the arresting officer and
 
13 issued to the arrestee, shall contain at a minimum the following
 
14 in information relating to the arrest:
 
15      (1)  Information identifying the arrestee;
 
16      (2)  The specific violation for which the person was
 
17           arrested;
 
18      (3)  The date issued and the date the administrative
 
19           revocation is scheduled to go into effect;
 
20      (4)  That the arrestee was informed of the sanctions of this
 
21           part and of the consequences of refusing to be tested
 
22           for alcohol content of the blood and whether or not the
 
23           arrestee consented to be tested;
 

 
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 1      (5)  The expiration date of the temporary driver's permit[;]
 
 2           and the temporary motor vehicle registration; and
 
 3      (6)  That the arrest will be administratively reviewed.
 
 4      (c)  The notice shall provide, at a minimum, the following
 
 5 information relating to the administrative review:
 
 6      (1)  That the review is automatic;
 
 7      (2)  That the arrestee may, within three days of the arrest,
 
 8           submit written information demonstrating why the
 
 9           arrestee's driver's license and motor vehicle
 
10           registration should not be administratively revoked;
 
11      (3)  The address or location where the arrestee may submit
 
12           the information;
 
13      (4)  That the arrestee is not entitled to be present or
 
14           represented at the review; and
 
15      (5)  The review decision shall be mailed to the arrestee no
 
16           later than eight days after the date of the arrest.
 
17      (d)  The notice shall state that if the arrestee's license
 
18 is not administratively revoked after the review, the arrestee's
 
19 driver's license, and motor vehicle registration shall be
 
20 returned along with a certified statement that the administrative
 
21 revocation proceedings have been terminated.
 
22      (e)  The notice shall state that if the arrestee's driver's
 
23 license and motor vehicle registration [is] are administratively
 

 
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 1 revoked after the review, a decision shall be mailed to the
 
 2 arrestee containing, at a minimum, the following information:
 
 3      (1)  The reasons why the arrestee's driver's license and
 
 4           motor vehicle registration [was] were administratively
 
 5           revoked;
 
 6      (2)  That the arrestee may request the director, within six
 
 7           days of the date the decision is mailed, to schedule an
 
 8           administrative hearing to review the administrative
 
 9           revocation;
 
10      (3)  That if the arrestee requests an administrative hearing
 
11           within six days, the hearing shall be scheduled to
 
12           commence no later than twenty-five days after the date
 
13           of arrest;
 
14      (4)  The procedure to request an administrative hearing;
 
15      (5)  That failure to request an administrative hearing
 
16           within the time provided shall cause the administrative
 
17           revocation to take effect for the period and under the
 
18           conditions established by the director in the decision;
 
19      (6)  The arrestee may regain the right to a hearing by
 
20           requesting the director, within sixty days after the
 
21           arrest, to schedule a hearing;
 
22      (7)  That the director shall schedule the hearing to
 
23           commence no later than thirty days after the request is
 

 
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 1           made but that the temporary permit shall not, in any
 
 2           event, be extended if the arrestee fails to request an
 
 3           administrative hearing within the initial six-day
 
 4           period provided for that purpose;
 
 5      (8)  That failure to attend the hearing shall cause the
 
 6           administrative revocation to take effect for the period
 
 7           and under the conditions indicated; and
 
 8      (9)  The duration of the administrative revocation and other
 
 9           conditions which may be imposed, including alcohol
 
10           counseling, and alcohol treatment[, and installation of
 
11           an ignition interlock system].
 
12      (10) That the director may grant a restricted registration
 
13           to a member of the arrestee's household who has a valid
 
14           driver's license or to a co-owner of any motor vehicle
 
15           upon determination that the person is completely
 
16           dependent on the motor vehicle for the necessities of
 
17           life.  The restricted registration shall not be valid
 
18           for use by the arrestee.  The operation of a motor
 
19           vehicle in a manner inconsistent with the restricted
 
20           motor vehicle license plate registration shall have the
 
21           same effect as operating an unlicenced motor vehicle.
 
22      (f)  The notice shall provide, at a minimum, the following
 
23 information relating to administrative hearings:
 

 
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 1      (1)  That the arrestee shall have six days from the date the
 
 2           review decision was mailed to request that an
 
 3           administrative hearing be scheduled;
 
 4      (2)  That a request for an administrative hearing shall
 
 5           entitle the arrestee to review and copy all documents
 
 6           considered at the review, including the arrest report
 
 7           and the sworn statements, prior to the hearing;
 
 8      (3)  That the arrestee may be represented by an attorney,
 
 9           submit evidence, give testimony, and present and cross-
 
10           examine witnesses; and
 
11      (g)  The notice shall state that if the administrative
 
12 revocation is reversed after the hearing, the arrestee's driver's
 
13 license or motor vehicle registration or both and any fees
 
14 collected from the arrestee under this part shall be returned
 
15 along with a certified statement that the administrative
 
16 revocation proceedings have been terminated.
 
17      (h)  The notice shall state that if the administrative
 
18 revocation is sustained at the hearing, a decision shall be
 
19 mailed to the arrestee containing, at a minimum, the following
 
20 information:
 
21      (1)  The effective date of the administrative revocation;
 
22      (2)  The duration of the administrative revocation;
 
23      (3)  The date by which all motor vehicle license plate(s)
 

 
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 1           issued to the arrestee must be surrendered to the
 
 2           director.
 
 3     [(3)] (4)  Other conditions which may be imposed by law; and
 
 4     [(4)] (5)  The right to obtain judicial review.
 
 5      (i) The notice shall state that failure to attend a
 
 6 scheduled hearing, shall cause the administrative revocation to
 
 7 take effect as provided in the administrative review decision."
 
 8      SECTION 6.  Section 286, Hawaii Revised Statutes, is amended
 
 9 to read as follows:
 
10      "§286-255  Arrest; procedures.  (a) Whenever a person is
 
11 arrested for a violation of section 291-4 or 291-4.4, on a
 
12 determination by the arresting officer that:
 
13      (1)  There was reasonable suspicion to stop the motor
 
14           vehicle, or that the motor vehicle was stopped at an
 
15           intoxication and drug control roadblock established and
 
16           operated in compliance with section 286-162.5 and 286-
 
17           162.6; and
 
18      (2)  There was probable cause to believe that the arrestee
 
19           was driving, operating, or in actual physical control
 
20           of the motor vehicle while under the influence of
 
21           intoxicating liquor;
 
22 the arresting officer immediately shall take possession of any
 
23 license held by the person and request the arrestee to take a
 

 
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 1 test for concentration of alcohol in the blood.  The arresting
 
 2 officer shall inform the person that the person has the option to
 
 3 take a breath test, a blood test, or both.  The arresting officer
 
 4 also shall inform the person of the sanctions under this part,
 
 5 including the sanction for refusing to take a breath or a blood
 
 6 test.  Thereafter, the arresting officer shall complete and issue
 
 7 to the arrestee a notice of administrative revocation and shall
 
 8 indicate thereon whether the notice shall serve as a temporary
 
 9 permit.  The notice shall serve as a temporary permit, unless, at
 
10 the time of arrest, the arrestee was unlicenced, the arrestee's
 
11 license was revoked or suspended, or the arrestee had no license
 
12 in the arrestee's possession.
 
13      (b)  Whenever a person is arrested for the violation of 291-
 
14 4 or 291-4.4 and where the arrestee was previously convicted for
 
15 the violation of section 291-4 or 291-4.4, the arresting officer
 
16 shall remove the license plate and revoke the registration of the
 
17 vehicle driven by the arrestee and issue a temporary motor
 
18 vehicle license plate and registration to the arrestee.
 
19      [(b)] (c)  Whenever the police determine that, as the result
 
20 of a blood test performed pursuant to section 286-163(b) and (c),
 
21 there is probable cause to believe that a person being treated in
 
22 a hospital or medical facility has violated section 291-4[,] or
 
23 291-4.4, the police shall complete and issue to the person a
 

 
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 1 notice of administrative revocation and shall indicate thereon
 
 2 whether the notice shall serve as a temporary driver's permit.
 
 3 The notice shall serve as a temporary driver's permit unless, at
 
 4 the time the notice was issued, the person was unlicenced, the
 
 5 person's license was revoked or suspended, or the person had no
 
 6 license in the person's possession."
 
 7      SECTION 7.  Section 286-256, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "§286-256 Immediate restoration of license.  If a test
 
10 conducted in accordance with part VII and section 321-161 and the
 
11 rules adopted thereunder shows that the arrestee's alcohol
 
12 concentration was less than .08, the director or the arresting
 
13 agency shall immediately return the arrestee's driver's license
 
14 and motor vehicle registration along with a certified statement
 
15 that administrative revocation proceedings have been terminated
 
16 with prejudice."
 
17      SECTION 8.  Section 286-257, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "§286-257  Sworn statements of law enforcement officials.
 
20 (a)  Whenever a person: is arrested for a violation of section
 
21 291-4 or 291-4.4 and submits to a test that establishes that the
 
22 arrestee's alcohol concentration was .08 or more; or has been
 
23 involved in a collision resulting in injury or death and a blood
 

 
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 1 test performed pursuant to section 286-163 establishes that the
 
 2 person's alcohol concentration was .08 or more, the following
 
 3 shall be immediately forwarded to the director:
 
 4      (1)  A copy of the arrest report or the report of the
 
 5           officer who issued the notice of administrative
 
 6           revocation to the person involved in a collision
 
 7           resulting in injury or death and the sworn statement of
 
 8           the arresting office or the officer who issued the
 
 9           notice of administrative revocation stating facts that
 
10           establish that:
 
11           (A)  There was reasonable suspicion to stop the motor
 
12                vehicle, the motor vehicle was stopped at an
 
13                intoxication and drug control roadblock
 
14                established and operated in compliance with
 
15                sections 286-162.5 and 286-162.6, or the person
 
16                was tested pursuant to section 286-163;
 
17           (B)  There was probable cause to believe that the
 
18                arrestee had been driving, operating, or in actual
 
19                physical control of the motor vehicle while under
 
20                the influence of intoxicating liquor;
 
21           (C)  The arrestee was informed of the sanctions of this
 
22                part, that criminal charges may be filed, and the
 
23                consequences of refusing to be tested for alcohol
 

 
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 1                concentration; and
 
 2           (D)  The arrestee agreed to be tested or the person was
 
 3                tested pursuant to section 286-163;
 
 4      (2)  The sworn statement of the person responsible for
 
 5           maintenance of the testing equipment stating facts that
 
 6           establish that pursuant to section 321-161 and rules
 
 7           adopted thereunder:
 
 8           (A)  The equipment used to conduct the test was
 
 9                approved for use as an alcohol testing device in
 
10                this State;
 
11           (B)  The person had been trained and at the time the
 
12                test was conducted was certified and capable of
 
13                maintaining the testing equipment; and
 
14           (C)  The testing equipment used had been properly
 
15                maintained and was in good working condition when
 
16                the test was conducted;
 
17      (3)  The sworn statement of the person who conducted the
 
18           test stating facts that establish that pursuant to
 
19           section 321-161 and rules adopted thereunder:
 
20           (A)  The person was trained and at the time the test
 
21                was conducted was certified and capable of
 
22                operating the testing equipment;
 
23           (B)  The person followed the procedures established for
 

 
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 1                conducting the test;
 
 2           (C)  The equipment used to conduct the test functioned
 
 3                in accordance with operating procedures and
 
 4                indicated that the person's alcohol concentration
 
 5                was at, or above, the prohibited level; and
 
 6           (D)  The person whose breath or blood was tested was
 
 7                the person arrested;
 
 8      (4)  A copy of the notice of administrative revocation
 
 9           issued to the arrestee;
 
10      (5)  Any driver's license, or motor vehicle registration and
 
11           license plate, or both, taken into possession by the
 
12           arresting officer; and
 
13      (6)  A listing of any prior alcohol enforcement contacts
 
14           involving the arrestee.
 
15      (b)  Whenever a person is arrested for a violation of
 
16 section 291-4 or 291-4.4 and refuses to submit to a test to
 
17 determine alcohol concentration in the blood, the following shall
 
18 be immediately forwarded to the director:
 
19      (1)  A copy of the arrest report and the sworn statement of
 
20           the arresting officer stating facts that establish
 
21           that:
 
22           (A)  There was reasonable suspicion to stop the motor
 
23                vehicle or the motor vehicle was stopped at an
 

 
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 1                intoxication control roadblock established and
 
 2                operated in compliance with sections 286-162.5 and
 
 3                286-162.6;
 
 4           (B)  There was probable cause to believe that the
 
 5                arrestee had been driving, operating, or in actual
 
 6                physical control of the motor vehicle while under
 
 7                the influence of intoxicating liquor;
 
 8           (C)  The arrestee was informed of the sanctions of this
 
 9                part, that criminal charges may be filed, and the
 
10                probable consequences of refusing to be tested for
 
11                concentration of alcohol in the blood; and
 
12           (D)  The arrestee refused to be tested;
 
13      (2)  A copy of the notice of administrative revocation and
 
14           the temporary permit to the arrestee;
 
15      (3)  Any driver's license, motor vehicle registration or
 
16           license plate taken into possession; and
 
17      (4)  A listing of all alcohol enforcement contacts involving
 
18           the arrestee."
 
19      SECTION 9.  Section 286-258 is amended to read as follows:
 
20      "§286-258  Administrative review; procedures.  (a) The
 
21 director shall automatically review the issuance of a notice of
 
22 administrative revocation, and a written decision
 
23 administratively revoking the driver's license, motor vehicle
 

 
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 1 registration or both, or rescinding the notice of administrative
 
 2 revocation shall be mailed to the arrestee no later than eight
 
 3 days after the date the notice was issued.
 
 4      (b)  The arrestee shall have the opportunity to demonstrate
 
 5 in writing why the arrestee's driver's license and motor vehicle
 
 6 registration should not be administratively revoked and shall
 
 7 submit any written information within three days of the notice,
 
 8 either by mail or in person, to the director's officer or to any
 
 9 office or address designated by the director for that purpose.
 
10      (c)  In conducting the administrative review, the director
 
11 shall consider:
 
12      (1)  Any sworn or unsworn statement or other evidence
 
13           provided by the arrestee;
 
14      (2)  The breath or blood test results, if any; and
 
15      (3)  The sworn statements of the law enforcement officials,
 
16           and other evidence or information required by section
 
17           286-257.
 
18      (d) [The) Except as provided in subsection (e), the director
 
19 shall administratively revoke the arrestee's driver's license and
 
20 motor vehicle registration if the director determines that:
 
21           (1)  There existed reasonable suspicion to stop the
 
22                motor vehicle, the motor vehicle was stopped at an
 
23                intoxicating and drug control roadblock
 
24                established and operated in compliance with
 

 
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 1                section 286-162.5 and 286-162.6, or the person was
 
 2                tested pursuant to section 286-163;
 
 3           (2)  There existed probable cause to believe that the
 
 4                arrestee drove, operated, or was in actual
 
 5                physical control of the motor vehicle while under
 
 6                the influence of intoxicating liquor; [and]
 
 7           (3)  The evidence proves by a preponderance that the
 
 8                arrestee drove, operated, or was in actual
 
 9                physical control of the motor vehicle while under
 
10                the influence of intoxicating liquor or while
 
11                having an alcohol concentration of .08 or more or
 
12                that the arrestee refused to submit to a breath or
 
13                blood test after being informed of the sanctions
 
14                of this part.
 
15      (e)  The director shall administratively revoke the
 
16 registration of all vehicles owned and/or registered to the
 
17 arrestee and impound the arrestee's license plates if the
 
18 director determines that:
 
19      (1)  There existed reasonable suspicion to stop the motor
 
20           vehicle, the motor vehicle was stopped at an
 
21           intoxicating and drug control roadblock established and
 
22           operated in compliance with section 286-162.5 and 286-
 
23           162.6, or the person was tested pursuant to section
 

 
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 1           286-163;
 
 2      (2)  There existed probable cause to believe that the
 
 3           arrestee drove, operated, or was in actual physical
 
 4           control of the motor vehicle while under the influence
 
 5           of intoxicating liquor;
 
 6      (3)  The evidence proves by a preponderance that the
 
 7           arrestee drove, operated, or was in actual physical
 
 8           control of the motor vehicle while under the influence
 
 9           of intoxicating liquor or while having an alcohol
 
10           concentration of .08 or more or that the arrestee
 
11           refused to submit to a breath or blood test after being
 
12           informed of the sanctions of this part.
 
13      (4)  The arrestee has a previous conviction under 291-4 or
 
14           291-4.4.
 
15      [(e)](f)  If the evidence does not support administrative
 
16 revocation, the director shall rescind the notice of
 
17 administrative revocation and return the arrestee's driver's
 
18 license, motor vehicle registration and license plate, along with
 
19 a certified statement that administrative revocation proceedings
 
20 have been terminated.
 
21      [(f)](g) If the director administratively revokes the
 
22 arrestee's driver's license[,] and motor vehicle registration,
 
23 the director shall mail to the arrestee a written decision
 

 
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 1 stating the reasons for the administrative revocation.  The
 
 2 decision shall also indicate that the arrestee has six days from
 
 3 the date the decision is mailed to request an administrative
 
 4 hearing to review the director's decision.  The decision shall
 
 5 also explain the procedure by which to request an administrative
 
 6 hearing, and shall be accompanied by a form, postage prepaid,
 
 7 which the arrestee may fill out and mail in order to request an
 
 8 administrative hearing.  The decision shall also inform the
 
 9 arrestee of the right to review and copy all documents considered
 
10 at the review, including the arrest report and the sworn
 
11 statements of the law enforcement officials, prior to the
 
12 hearing.  Further, the decision shall state that the arrestee may
 
13 be represented by counsel at the hearing, submit evidence, give
 
14 testimony, and present and cross-examine witnesses, including the
 
15 arresting officer.
 
16      [(g)](h)  Failure of the arrestee to request a hearing
 
17 within the time provided in section 286-259(a) shall cause the
 
18 administrative revocation to take effect for the period and under
 
19 the conditions provided in the administrative review decision
 
20 issued by the director under this section.  The arrestee may
 
21 regain the right to a hearing by requesting the director, within
 
22 sixty days of the arrest, to schedule a hearing.  The hearing
 
23 shall be scheduled to commence no later than thirty days after
 

 
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 1 the request is made.  The administrative review decision issued
 
 2 by the director under this section shall clearly explain the
 
 3 consequences of failure to request an administrative hearing and
 
 4 the procedure by which the arrestee may regain the right to a
 
 5 hearing."
 
 6      SECTION 10.  Section 286-259, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "§286-259  Administrative hearing.  (a)  If the director
 
 9 administratively revokes the arrestee's license after
 
10 administrative review, the arrestee may request an administrative
 
11 hearing to review the decision within six days of the date the
 
12 administrative review decision is mailed.  The hearing shall be
 
13 scheduled to commence no later than twenty-five days from the
 
14 date the notice of administrative revocation was issued.  The
 
15 director may continue the hearing only as provided in subsection
 
16 (j).
 
17      (b)  The hearing shall be held at a place designated by the
 
18 director, as close to the location of the arrest as practical.
 
19      (c)  The arrestee may be represented by counsel.
 
20      (d)  The director shall conduct the hearing and have
 
21 authority to:
 
22      (1)  Administer oaths and affirmations;
 
23      (2)  Examine witnesses and take testimony;
 

 
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 1      (3)  Receive and determine the relevance of evidence;
 
 2      (4)  Issue subpoenas, take depositions, or cause
 
 3      depositions or interrogatories to be taken;
 
 4      (5)  Regulate the course and conduct of the hearing; and
 
 5      (6)  Make a final ruling.
 
 6      (e)  If the director in the final ruling revokes the
 
 7 driver's license, the director shall order the arrestee to
 
 8 surrender the license plates and motor vehicle registrations of
 
 9 all motor vehicles owned or registered to the arrestee if there
 
10 was a prior conviction under 291-4 or 291-4.4.
 
11      [(e)] (f) The director shall affirm the administrative
 
12 revocation only if the director determines that:
 
13      (1)  There existed reasonable suspicion to stop the motor
 
14           vehicle, the motor vehicle was stopped at an
 
15           intoxication and drug control roadblock established and
 
16           operated in compliance with sections 286-162.5 and 286-
 
17           162.6, or the person was tested pursuant to section-
 
18           163;
 
19      (2)  There existed probable cause to believe that the
 
20           arrestee drove, operated, or was in actual physical
 
21           control of the motor vehicle while under the influence
 
22           of intoxicating liquor; and
 
23      (3)  The evidence proves by a preponderance that the
 

 
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 1           arrestee drove, operated, or was in actual physical
 
 2           control of the motor vehicle while under the influence
 
 3           of intoxicating liquor or while having an alcohol
 
 4           concentration of .08 or more or that the arrestee
 
 5           refused to submit to a breath or blood test after being
 
 6           informed of the sanctions of this part.
 
 7      (g) In addition to the provisions of subsection (f), the
 
 8 director shall affirm the administrative revocation of the
 
 9 registration of all vehicles owned by or registered to the
 
10 arrestee only if the director determines that the arrestee was
 
11 previously convicted of 291-4 or 291-4.4.
 
12      [(f)] (h)  The arrestee's prior alcohol enforcement contacts
 
13 shall be entered into evidence.
 
14      [(g)] (i)  The sworn statements provided in section 286-257
 
15 shall be admitted into evidence.  Upon notice to the director no
 
16 later than five days prior to the hearing that the arrestee
 
17 wishes to examine a law enforcement official who made a sworn
 
18 statement, the director shall issue a subpoena for the official
 
19 to appear at the hearing.  If the official cannot appear, the
 
20 official may at the discretion of the director testify by
 
21 telephone.
 
22      [(h)] (j)  The hearing shall be recorded in a manner to be
 
23 determined by the director.
 

 
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 1      [(i)] (k)  The director's decision shall be rendered in
 
 2 writing and mailed to the arrestee no later than five days after
 
 3 the hearing.  If the decision is to reverse the administrative
 
 4 revocation, the director shall return the arrestee's driver's
 
 5 license, motor vehicle registration, and license plates and any
 
 6 fees collected from the arrestee under this part along with a
 
 7 certified statement that administrative revocation proceedings
 
 8 have been terminated.  If the decision sustains the
 
 9 administrative revocation, the director shall mail to the
 
10 arrestee a written decision indicating the duration of the
 
11 administrative revocation and any other conditions or
 
12 restrictions as may be imposed pursuant to section 286-261.
 
13      [(j)] (l)  For good cause shown, the director may grant a
 
14 continuance either of the commencement of the hearing or of a
 
15 hearing that has already commenced.  If a continuance is granted
 
16 at the request of the director, the director shall extend the
 
17 validity of the temporary permit for a period not to exceed the
 
18 period of the continuance.  If a continuance is granted at the
 
19 request of the arrestee, the director shall not extend the
 
20 validity of the temporary permit.  For purposes of this section a
 
21 continuance means a delay in the commencement of the hearing or
 
22 an interruption of a hearing that has commenced other than for
 
23 recesses during the day or at the end of the day or week.
 

 
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 1      (m)  That the director may grant a restricted motor vehicle
 
 2 registration to a family member or co-owner of any motor vehicle
 
 3 upon determination that the person is completely dependent on the
 
 4 motor vehicle for the necessities of life. The restricted motor
 
 5 vehicle registration shall not be valid for use by the arrestee.
 
 6 The operation of a motor vehicle in a manner inconsistent with
 
 7 the restricted motor vehicle license plate registration shall
 
 8 have the same effect as operating an unlicensed motor vehicle. 
 
 9      [(k)] (n)  If the arrestee fails to appear at the hearing,
 
10 administrative revocation shall take effect for the period and
 
11 under the conditions established by the director in the
 
12 administrative review decision issued by the director under
 
13 section 286-258."
 
14      SECTION 11.  Section 286-259.5 is amended to read as
 
15 follows:
 
16      "[[]§286-259.5[1]  Fees and costs.  The director shall be
 
17 authorized to assess and collect a [$15] $30 fee from the
 
18 arrestee for the costs of processing the arrestee's request for
 
19 an administrative hearing to cover costs which include but should
 
20 not be limited to the cost of photocopying documents, the
 
21 issuance of subpoenas, conditional driver's license permits or
 
22 temporary motor vehicle registration and license plates and
 
23 relicensing forms, interpreter services, law enforcement official
 

 
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 1 mileage fees, and other similar costs. The director may waive the
 
 2 fee in the case of indigent arrestee upon an appropriate inquiry
 
 3 into the financial circumstances of the person seeking the waiver
 
 4 and an affidavit or a certificate signed by such person
 
 5 demonstrating the person's financial inability to pay the fee."
 
 6      SECTION 12.  Section 286-261, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "§286-261  Effective date and period of administrative
 
 9 revocation; criteria.(a)  Unless an administrative revocation
 
10 is reversed or the temporary driver's license permit, temporary
 
11 motor vehicle registration or temporary license plates issued
 
12 under this part [is] are extended by the director, administrative
 
13 revocation shall become effective on the day specified in the
 
14 notice.  Except as provided in section 286-264, no driver's
 
15 license or motor vehicle registration, shall be restored under
 
16 any circumstances and no conditional permit shall be issued
 
17 during the administrative revocation period.
 
18      (b)  The periods of administrative revocation that [may]
 
19 shall be imposed under this part are as follows:
 
20      (1)  Three months[,] revocation of driver's license, if the
 
21           arrestee's driving record shows no prior alcohol
 
22           enforcement contacts during the five years preceding
 
23           the date of arrest;
 

 
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 1      (2)  One year revocation of driver's license and all
 
 2           registrations of motor vehicles registered to the
 
 3           arrestee if the arrestee's driving record shows one
 
 4           prior alcohol enforcement contact during the five years
 
 5           preceding the date of arrest;
 
 6      (3)  Two years revocation of driver's license and all
 
 7           registration of motor vehicles registered to the
 
 8           arrestee if the arrestee's driving record shows two
 
 9           prior alcohol enforcement contacts during the seven
 
10           years preceding the date of arrest;
 
11      (4)  [For life] Revocation for life of the driver's license
 
12           and a prohibition on all subsequent motor vehicle
 
13           registrations by the arrestee if the arrestee's driving
 
14           record shows three or more prior alcohol enforcement
 
15           contacts during the ten years preceding the date of
 
16           arrest; or
 
17      (5)  For arrestees under the age of eighteen years, the
 
18           revocation of the driver's license for the period
 
19           remaining until the arrestee's eighteenth birthday, or
 
20           for the appropriate revocation period provided in
 
21           paragraphs (1) to (4) or in subsection [(c),](d),
 
22           whichever is longer.
 
23      (c)  Whenever a motor vehicle registration is revoked under
 

 
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 1 this part, the director shall electronically enter the revocation
 
 2 into the motor vehicle registration file of the arrestee.
 
 3      [(c)](d)  The driver's license or motor vehicle
 
 4 registration, or both of an arrestee who refuses to be tested
 
 5 after being informed of the sanctions of this part shall be
 
 6 revoked under subsection (b)(1), (2), [and] (3), and (4) for a
 
 7 period of one year, two years, [and] four years, and lifetime,
 
 8 respectively.
 
 9      (e)  In addition to the provisions of subsection (d), an
 
10 arrestee previously convicted under Section 291-4 or 291-4.4
 
11 shall be prohibited from any subsequent motor vehicle
 
12 registration.
 
13      [(d)](f)  Whenever a license is administratively revoked
 
14 under this part, the offender shall be referred to a certified
 
15 substance abuse counselor for an assessment of the offender's
 
16 alcohol abuse or dependence and the need for treatment.  The
 
17 counselor shall submit a report with recommendations to the
 
18 director.  If the counselor's assessment establishes that the
 
19 extent of the offender's alcohol abuse or dependence warrants
 
20 treatment, the director may so order.  All costs for assessment
 
21 and treatment shall be paid by the offender.
 
22      [(f)](g)  Alcohol enforcement contacts that occurred prior
 
23 to August 1, 1991, shall be counted in determining the
 

 
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 1 administrative revocation period.
 
 2      (h)  Enforcement contacts prior to the effective date of
 
 3 this act shall be counted in determining the administrative
 
 4 revocation period for motor vehicle registration."
 
 5      SECTION 13.  Section 286-262, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "§286-262  Notice to other states.  When a nonresident's
 
 8 [driving] driver's license privilege or motor vehicle
 
 9 registration is administratively revoked under this part, the
 
10 director shall notify, in writing, the officials in charge of
 
11 traffic control or public safety in the nonresident's home state
 
12 and in any other state in which the nonresident has [driving]
 
13 driver's license privileges or motor vehicle registration, of the
 
14 action taken in this State and shall return to the appropriate
 
15 issuing authority in the other states any driver's license, motor
 
16 vehicle plate and motor vehicle registration seized under section
 
17 286-255."
 
18      SECTION 14.  Section 286-264, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "§ 286-264  Conditional driver's license permits.  (a) If an
 
21 arrestee subject to administrative revocation under this part
 
22 submitted to a breath or blood test and has had no prior alcohol
 
23 enforcement contacts during the five years preceding the date of
 

 
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 1 arrest, the director, at the request of the arrestee at the
 
 2 administrative hearing, may issue a conditional driver's permit
 
 3 allowing the arrestee to drive after a minimum period of absolute
 
 4 license revocation of thirty days if one or more of the following
 
 5 conditions are met:
 
 6      (1)  The arrestee is gainfully employed in a position that
 
 7           requires driving and will be discharged if the
 
 8           arrestee's driving privileges are administratively
 
 9           revoked; or
 
10      (2)  The arrestee has no access to alternative
 
11           transportation and therefore must drive to work or to a
 
12           substance abuse treatment facility or counselor for
 
13           treatment ordered by the director under section 286-
 
14           261.
 
15      (b)  A request made pursuant to subsection (a)(1) shall be
 
16 accompanied by:
 
17      (1)  A sworn statement from the arrestee containing facts
 
18           establishing the arrestee's current employment in a
 
19           position that requires driving, and that the arrestee
 
20           will be discharged if not allowed to drive; and
 
21      (2)  A sworn statement from the arrestee's employer
 
22           establishing that the employer will in fact discharge
 
23           the arrestee if the arrestee is prohibited from
 

 
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 1           driving.
 
 2      (c)  A request made pursuant to subsection (a)(2) shall be
 
 3 accompanied by a sworn statement by the arrestee attesting to the
 
 4 specific facts upon which the request is based, which statement
 
 5 shall be verified by the director.
 
 6      (d)  A conditional permit may include restrictions allowing
 
 7 the arrestee to drive:
 
 8      (1)  Only during hours of employment for activities solely
 
 9           within the scope of the employment;
 
10      (2)  Only during daylight hours; or
 
11      (3)  Only for specified purposes or to specified
 
12           destinations.
 
13 In addition, the director may impose any other appropriate
 
14 restrictions[, including installation of an ignition interlock
 
15 system].
 
16      (e)  The duration of a conditional permit shall be
 
17 determined on the basis of the criteria set forth in section 286-
 
18 264(b) and (c).
 
19      (f)  If the arrestee violates the conditions imposed under
 
20 this section, the conditional permit shall be rescinded and
 
21 administrative revocation shall be immediate for the appropriate
 
22 period authorized by law."
 
23      SECTION 15.  The Hawaii Revised Statutes is amended by
 

 
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 1 adding a new subsection to Section 286-264, to be appropriately
 
 2 designated and to read as follows:
 
 3      "§286-264.    Restricted motor vehicle registration.  (a)  A
 
 4 qualified family member or co-owner of a motor vehicle with an
 
 5 arrestee who has had a motor vehicle registration revoked under
 
 6 this chapter may submit a sworn statement to the director
 
 7 requesting a restricted registration within 30 days of the final
 
 8 decision.  The director may grant the request upon determining
 
 9 that the following conditions have been met:
 
10      (1)  The applicant is a member of the arrestee's household
 
11           or co-owner of the vehicle;
 
12      (2)  The applicant has a valid driver's license;
 
13      (3)  The applicant is completely dependent on the motor
 
14           vehicle for the necessities of life; and
 
15      (4)  The director finds that the applicant will take
 
16           reasonable precautions to insure that the arrestee will
 
17           not drive the vehicle.
 
18      (b)  The director shall revoke the restricted registration
 
19 if any conditions set forth in the application no longer exist or
 
20 the arrestee has driven the vehicle in violation of this part.
 
21      (c) The applicant shall be under an affirmative duty to
 
22 report to the director any changes to the conditions of the
 
23 restricted license."
 

 
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 1      SECTION 16.  Section 286-265, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§286-265  Eligibility for relicensing.  To be eligible for
 
 4 relicensing after a period of administrative revocation has
 
 5 expired, the person shall:
 
 6      (1)  Submit proof to the director of compliance with all
 
 7           conditions imposed by the director or by the court;
 
 8      (2)  Obtain a certified statement from the director
 
 9           indicating eligibility for relicensing;
 
10      (3)  Present the certified statement to the appropriate
 
11           driver licensing and motor vehicle registration
 
12           official; and
 
13      (4)  Successfully complete each requirement for obtaining a
 
14           new driver's license or motor vehicle registration in
 
15           this State including payment of all applicable fees."
 
16      SECTION 17.  Section 291-4, Hawaii Revised Statutes, is
 
17 amended by amending subsection (b) to read as follows:
 
18      "(b)  A person committing the offense of driving under the
 
19 influence of intoxicating liquor shall be sentenced as follows
 
20 without possibility of probation or suspension of sentence:
 
21      (1)  For the first offense, or any offense not preceded
 
22           within a five-year period by a conviction under this
 
23           section, by:
 

 
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 1           (A)  A fourteen-hour minimum alcohol abuse
 
 2                rehabilitation program including education and
 
 3                counseling, or other comparable program deemed
 
 4                appropriate by the court; and
 
 5           (B)  Ninety-day prompt suspension of license with
 
 6                absolute prohibition from operating a motor
 
 7                vehicle during suspension of license, or the court
 
 8                may impose, in lieu of the ninety-day prompt
 
 9                suspension of license, a minimum thirty-day prompt
 
10                suspension of license with absolute prohibition
 
11                from operating a motor vehicle and, for the
 
12                remainder of the ninety-day period, a restriction
 
13                on the license that allows the person to drive for
 
14                limited work-related purposes and to participate
 
15                in alcoholism treatment programs; and
 
16           (C)  Any one or more of the following:
 
17                (i)   Seventy-two hours of community service work;
 
18                (ii)  Not less than forty-eight hours and not more
 
19                     than five days of imprisonment; or
 
20                (iii) A fine of not less than $150 but not more
 
21                      than $1,000.
 
22      (2)  For an offense which occurs within five years of a
 
23           prior conviction under this section, by:
 

 
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 1           (A)  Prompt suspension of license for a period of one
 
 2                year with the absolute prohibition from operating
 
 3                a motor vehicle during suspension of license;
 
 4           (B)  Either one of the following:
 
 5                (i)  Not less than [one] two hundred forty hours
 
 6                     of community service work; or
 
 7                (ii) Not less than [forty-eight] five days
 
 8                     [consecutive hours] but not more than
 
 9                     fourteen days of imprisonment of which at
 
10                     least [forty-eight] one hundred and twenty
 
11                     hours shall be served consecutively; and
 
12           (C)  A fine of not less than $500 but not more than
 
13                $1,500.
 
14      (3)  For an offense which occurs within five years of two
 
15           prior convictions under this section, by:
 
16           (A)  A fine of not less than $500 but not more than
 
17                $2,500;
 
18           (B)  Revocation of license for a period not less than
 
19                one year but not more than five years; and
 
20           (C)  Not less than ten days but not more than thirty
 
21                days imprisonment of which at least [forty-eight]
 
22                ten days hours shall be served consecutively[.];
 
23                and
 

 
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 1           (D)  Not less than four hundred and eighty hours of
 
 2                community service.
 
 3      (4)  Notwithstanding any other law to the contrary, any
 
 4           conviction for driving under the influence of
 
 5           intoxicating liquor, shall be considered a prior
 
 6           conviction.
 
 7      (5)  No license suspension or revocation shall be imposed
 
 8           pursuant to this subsection if the person's license has
 
 9           previously been administratively revoked pursuant to
 
10           part XIV of chapter 286 for the same offense; provided
 
11           that, if the administrative revocation is subsequently
 
12           reversed, the person's license shall be suspended or
 
13           revoked as provided in this subsection."
 
14      SECTION 18.  If _.B. No. ______ is passed by the Legislature
 
15 during this Regular Session of 2000, whether before or after the
 
16 effective date of this Act, the corresponding provisions to _.B.
 
17 No. _____ shall be amended to conform to this Act.
 
18      SECTION 19.  Statutory material to be repealed is bracketed.
 
19 New statutory material is underscored.
 
20      SECTION 20. This Act shall take effect upon its approval. 
 
21 
 
22                           INTRODUCED BY:  _______________________
 

 
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