STAND. COM. REP. NO. 68

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 15
                                     




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Transportation, to which was referred H.B.
No. 15 entitled: 

     "A BILL FOR AN ACT RELATING TO THE ADMINISTRATIVE REVOCATION
     OF A DRIVER'S LICENSE,"

begs leave to report as follows:

     The purpose of this bill, as received by your Committee, is
to make technical and clarifying amendments to the law governing
administrative revocation of a driver's license.

     Your Committee finds that the law was not clear as to when a
judicial review decision in cases involving the administrative
revocation of a driver's license could be remanded for further
hearings.  Your Committee further finds that the period of three
months revocation of a driver's license, if the arrestee's record
shows no prior alcohol enforcement contacts during the five years
preceding the date of arrest, does not take into account that
months differ in numbers of days.

     This bill proposes to clarify judicial review decisions by
providing that the court may remand a decision for entry of an
order consistent with the judicial review decision, while
retaining the provision that the court can not remand the matter
back to the director for further proceedings consistent with the
order.  This bill also proposes to change the license revocation
for first time offenders from three months to ninety days.


 
 
 
                                 STAND. COM. REP. NO. 68
                                 Page 2

 
     Testimony in support of this measure was heard from The
Judiciary, State of Hawai'i.

     As affirmed by the record of votes of the members of your
Committee on Transportation that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No. 15
and recommends that it pass Second Reading and be referred to the
Committee on Judiciary and Hawaiian Affairs.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Transportation,



                                   ______________________________
                                   KENNETH T. HIRAKI, Chair