STAND. COM. REP. NO. 346-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 2618
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Transportation, to which was referred H.B.
No. 2618 entitled: 

     "A BILL FOR AN ACT RELATING TO REPEAT INTOXICATED DRIVERS,"

begs leave to report as follows:

     The purpose of this bill is to amend the law relating to the
administrative revocation of driver's licenses to include the
revocation of all motor vehicle registrations issued to a driver
who has been convicted of a previous violation of driving under
the influence of intoxicating liquor (section 291-4, Hawaii
Revised Statutes) or habitually driving under the influence of
intoxicating liquor or drugs (section 291-4.4, Hawaii Revised
Statutes) or has a prior alcohol enforcement contact.

     In addition, the bill increases the minimum number of hours
of community service and minimum jail time for a second
conviction under section 291-4.

     Your Committee finds that this bill is necessary to meet the
requirements of section 5 of the federal TEA-21 Restoration Act,
which establishes a new program under Section 164 of Chapter 1,
Title 23 U.S.C., encouraging states to enact repeat intoxicated
driver laws.  Each state's repeat intoxicated driver law must
provide, as a minimum penalty for persons convicted of a previous
driving under the influence violation, the following:

 
a                                                         00-1136
 
 
 
                                 STAND. COM. REP. NO. 346-00
                                 Page 2

 
     (1)  A driver's license suspension for not less than one
          year;

     (2)  Vehicle impoundment, immobilization of each of the
          individual's motor vehicles, or the installation of an
          ignition interlock system on each of the motor
          vehicles;

     (3)  An assessment of the individual's degree of abuse of
          alcohol and treatment; and

     (4)  Not less than thirty days community service or five
          days of imprisonment for a second offense; and not less
          than sixty days community service or ten days of
          imprisonment for third and subsequent offenses.

     Your Committee also finds that states that have not enacted
a repeat intoxicated driver law by October 1, 2000, must transfer
1.5 per cent of federal aid highway funds to the state's Section
402 state and community highway safety funds for the first two
years.  Accordingly, your Committee further finds that if this or
a similar bill is not enacted by September 30, 2001, three per
cent of the State's federal aid highway funds will be transferred
until the State enacts this or similar legislation.

     Your Committee has amended the bill by deleting its contents
and substituting the contents of H.B. No. 1756, which is similar
to the instant measure but contains fewer technical flaws.  Upon
further consideration, your Committee has amended the contents of
the original H.B. No. 1756 as follows:

     (1)  At page 2, lines 18-21, added a new section amending
          the title of part XIV of chapter 286 to include motor
          vehicle registration;

     (2)  At page 3, line 4-14, deleted the definition of "family
          member" and added definitions of "household member" and
          "qualified household member" to clarify who may apply
          for hardship relief as a result of motor vehicle
          registration revocation;

     (3)  At pages 5, 13, 21-22, 26, and 32, clarified the
          application of the motor vehicle registration
          revocation provisions, by providing time limitations
          applicable to prior convictions or alcohol enforcement
          contacts, similar to those provided for under sections

 
a                                                         00-1136
 
                                 STAND. COM. REP. NO. 346-00
                                 Page 3

 
          291-4 (DUI) and 291-4.4 (habitual offender), Hawaii
          Revised Statutes;

     (4)  At page 10, lines 2-8 and page 28, lines 15-20, changed
          "restricted registration" to "special registration" and
          deleted the provision stating that operation of the
          motor vehicle in a manner inconsistent with the
          restricted registration would have same effect as
          operating without a license;

     (5)  At pages 13-14, lines 19-2, added a provision requiring
          the applicable police department, upon the arrest of a
          person and determining the person has prior DUI
          convictions or alcohol enforcement contacts within the
          specified periods, to notify the county Director of
          Finance to insert a "stopper" on further motor vehicle
          transactions; and deleted a provision requiring this be
          done by the Director of the Administrative Driver's
          License Revocation Office;

     (6)  At page 23, lines 11-15, added a provision to permit
          the Administrative Driver's License Revocation Office
          to destroy the license plates if the Director revokes
          the motor vehicle registration after the administrative
          review;

     (7)  At page 32, lines 21-22, clarified that the prohibition
          on subsequent registration transactions, after an
          arrestee's motor vehicle registration has been revoked,
          is only for the length of the applicable revocation
          period and not indefinitely;

     (8)  At pages 35-36, lines 20-2, added a provision making it
          a misdemeanor to fail to comply with an order to
          surrender license plates;

     (9)  At page 37, lines 9-10, added a provision requiring the
          Director of the Administrative Driver's License
          Revocation Office to adopt rules relating to issuing of
          special motor vehicle registrations;

    (10)  At pages 37-38, lines 11-22, added a provision
          permitting certain exceptions to the prohibition on
          transferring vehicles that are subject to a motor
          vehicle registration revocation;


 
a                                                         00-1136
 
                                 STAND. COM. REP. NO. 346-00
                                 Page 4

 
    (11)  At pages 39-40, lines 20-19, added a provision
          requiring persons to whom a special registration has
          been granted to apply to the county Director of Finance
          for special series license plates;

    (12)  At page 42, lines 18-19 and page 43, lines 9-10,
          deleted the increase to the mandatory consecutive hours
          of jail time for second and third offenses under
          section 291-4 (DUI), Hawaii Revised Statutes;

    (13)  At pages 45-47, lines 22-4, added mandatory penalties
          (including minimum one year driver's license
          revocation, ten days jail, and alcohol assessment and
          treatment) to section 291-4.4 (habitual DUI offender),
          Hawaii Revised Statutes, to comply with the federal
          law;

    (14)  At page 47, deleted the "saving" provision because it
          conflicted with other provisions in the bill indicating
          the intent of the bill to apply to prior convictions or
          alcohol enforcement contacts;

    (15)  At page 47, lines 5-8, added a new section directing
          the revisor of statutes to substitute appropriate
          section numbers for letters used in designating new
          sections in the bill; and

    (16)  Made a number of technical nonsubstantive changes for
          purposes of style, clarity, and consistency.

     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.
2618, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as H.B. No. 2618, H.D. 1, 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

 
a                                                         00-1136