STAND. COM. REP. NO. 2667

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2318
                                        S.D. 2




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No.
2318, S.D. 1, entitled: 

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

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 under section 291-4 or
291-4.4, Hawaii Revised Statutes.

     In addition, the bill increases the penalties relating to
the minimum number of hours of community service and minimum jail
time for a second or third 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.  States that fail to enact a repeat intoxicated
driver law by October 1, 2000, that complies with the
requirements of the federal law will be required to transfer 1.5

 
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per cent of their federal-aid highway construction funds to their
state and community highway safety program funds.

     To meet the federal requirements, 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:

     (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 further finds that if this or a similar bill
is not enacted by September 30, 2000, 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, H.D.1, which is
similar to the instant measure but contains the following
substantive differences:

     (1)  Adds a new section amending the title of part XIV of
          chapter 286 to include "motor vehicle registration";

     (2)  Deletes the definition of "family member" and adds
          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)  Clarifies the application of the motor vehicle
          registration revocation provisions, by providing time
          limitations applicable to prior convictions or alcohol

 
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          enforcement contacts, similar to those provided for
          under sections 291-4 (DUI), 291-4.4 (habitual
          offender), and 286-261, Hawaii Revised Statutes;

     (4)  Changes "restricted registration" to "special
          registration" and deletes the provision stating that
          operation of the motor vehicle in a manner inconsistent
          with the restricted registration would have the same
          effect as operating without a license;

     (5)  Adds 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
          deletes a provision requiring this be done by the
          Director of the Administrative Driver's License
          Revocation Office;

     (6)  Adds 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)  Clarifies 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)  Adds a provision making it a misdemeanor to fail to
          comply with an order to surrender license plates;

     (9)  Adds 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)  Adds a provision permitting certain exceptions to the
          prohibition on transferring vehicles that are subject
          to a motor vehicle registration revocation;

    (11)  Adds 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;

 
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    (12)  Deletes the increase to the mandatory consecutive hours
          of jail time for second and third offenses under
          section 291-4 (DUI), Hawaii Revised Statutes, and
          deletes the mandatory community service for a third
          offense under section 291-4;

    (13)  Adds 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, which are
          necessary to comply with the federal law;

    (14)  Deletes the "saving" provision because it conflicts
          with other provisions in the bill indicating the intent
          of the bill to apply to prior convictions or alcohol
          enforcement contacts; and

    (15)  Adds a new section directing the revisor of statutes to
          substitute appropriate section numbers for letters used
          in designating new sections in the bill.

      Upon further consideration, your Committee has amended the
contents of what had been the original H.B. No. 1756, H.D.1, by:

     (1)  Amending the definition of "household member";

     (2)  Adding a definition of "repeat intoxicated driver" and
          making conforming changes to the bill at pages 5, 12,
          20, and 24 relating to use of the term;

     (3)  Clarifying that "administrative revocation" includes
          the termination of the "registration" of all motor
          vehicles registered to an arrestee;

     (4)  Clarifying that, in section 286-255, the new subsection
          (c) applies to an arrestee who is a repeat intoxicated
          driver under subsection (b), as well as under
          subsection (a);

     (5)  Providing that, in section 286-255, the arresting
          officer may remove the license plates and issue a
          temporary registration and plates only if the vehicle
          being driven by the arrestee is registered to the
          arrestee;

     (6)  Changing the effective date to September 30, 2000; and

 
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     (7)  Making 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 Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of S.B. No.
2318, S.D. 1, as amended herein, and recommends that it pass
Third Reading in the form attached hereto as S.B. No. 2318, S.D.
2.

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



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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