Conforms amendments relating to revocation of motor vehicle registrations for repeat intoxicated drivers under ADLR proceedings with amendments that consolidate and conform offenses relating to operating a vehicle under the influence of an intoxicant. (HB1405 HD1)

A BILL FOR AN ACT

SECTION 1. Section 39 of Act 189, Session Laws of Hawaii 2000, (Relating to Use of Intoxicants) directed the legislative reference bureau to prepare proposed legislation necessary to conform and consolidate the varying statutory provisions of parts I, II, and III of Act 189 and to make necessary amendments to statutes affected by the repeal, effective January 1, 2002, of part VII of chapter 200, parts VII and XIV of chapter 286, and sections 291-4, 291-4.3, 291-4.4, 291-4.5, 291-5, 291-6, and 291-7.

Part III of Act 189 consolidates all existing provisions relating to driving under the influence of intoxicating liquor or drugs and boating under the influence of intoxicating liquor into a new chapter (codified as chapter 291E, Hawaii Revised Statutes) that provides for both administrative license revocation proceedings and penal sanctions for a single offense relating to operating a vehicle under the influence of an intoxicant. The legislature intends this to ensure that uniform provisions and sanctions apply to impairment involving intoxicating liquor, drugs, and boating. Part III of Act 189 also repeals, effective January 1, 2002, all existing impairment provisions.

The legislature finds that the provisions of part I (relating to penalties for driving under the influence of drugs) are already mirrored in part III of Act 89. However, the failure to insert the provisions of part II (relating to revocation of motor vehicle registration for repeat intoxicated drivers), which took effect September 30, 2000, into part III prior to January 1, 2002, will effectively repeal the amendments made to those provisions by the legislature in Act 189. The legislature also finds that it is necessary to include in this Act related amendments adopted by the legislature in Act 297, Session Laws of Hawaii 2000, (relating to habitual DUI driver and preliminary alcohol screening devices) to avoid their automatic repeal on January 1, 2002, when part III takes effect.

The legislature further finds that the bureau's proposed legislation prepared in response to the directive of Act 189 is primarily a housekeeping measure. The amendments are of a technical nature, and any that might be characterized as substantive are the result of changes necessitated by the conforming and consolidation of differing provisions adopted by the legislature in Act 189 or Act 297.

Accordingly, the purpose of this Act is to conform and consolidate the provisions previously adopted by the legislature in Act 189 and Act 297, Session Laws of Hawaii 2000, relating to operating a vehicle under the influence of an intoxicant, as codified in chapter 291E, Hawaii Revised Statutes.

SECTION 2. Chapter 200, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§200- Records of suspensions and revocations of operating privileges to be maintained. (a) The department shall maintain a record of all persons adjudicated of violations under part III of chapter 291E and the period of suspension or revocation of operator privileges ordered by the director under that part.

(b) The department shall maintain a record of all persons convicted of offenses or violations under part IV of chapter 291E and the period of suspension or revocation of operator privileges ordered by the court under that part."

SECTION 3. Chapter 291E, Hawaii Revised Statutes, is amended by adding four new sections to part III to be appropriately designated and to read as follows:

"§291E-A Failure to surrender number plates. Any person who has had the person's motor vehicle registration revoked pursuant to this part and subsequently fails to comply with an order to surrender all motor vehicle number plates issued to the person, pursuant to chapter 249, shall be guilty of a misdemeanor.

§291E-B Special motor vehicle registration. (a) Anytime after the effective date of revocation or after the administrative hearing decision is mailed pursuant to section 291E-38(j), a qualified household member or co-owner of a motor vehicle with a respondent who has had a motor vehicle registration revoked under this part may submit a sworn statement to the director requesting a special motor vehicle registration. The director may grant the request upon determining that the following conditions have been met:

(b) The director shall revoke the special motor vehicle registration if any one of the conditions set forth in the application no longer exist.

(c) The applicant shall be under an affirmative duty to report to the director any changes in the conditions to the special motor vehicle registration.

(d) The director shall adopt rules, pursuant to chapter 91, necessary to carry out the purposes of this section.

§291E-C Transferring title to, or ownership interest in, vehicle prohibited; exceptions. (a) A registered owner shall not sell or transfer title to, or ownership interest in, a motor vehicle during the time period the motor vehicle's registration has been ordered revoked and number plates surrendered or during the time the motor vehicle bears the special series number plates pursuant to section 249-9.4, unless the registered owner applies to the administrative director of the courts, or the administrative director's appointee pursuant to section 291E-1, for consent to transfer title to the motor vehicle. If the director is satisfied that:

(b) The county director of finance, upon proper application and the presentation to the director of finance of a certified copy of the director's written consent to the sale or transfer of a motor vehicle, shall transfer the certificate of title and ownership to the new owner pursuant to chapter 286 and shall issue new number plates to the new registered owner pursuant to chapter 249.

(c) Notwithstanding subsections (a) and (b), if the title to the motor vehicle is transferred by foreclosure of a chattel mortgage, cancellation of a conditional sales contract, a sale upon execution, or decree or order of a court of competent jurisdiction, after the motor vehicle registration has been revoked under this part, the county director of finance shall transfer the certificate of title and ownership to the new owner pursuant to chapter 286 and shall issue new number plates to the new registered owner pursuant to chapter 249.

§291E-D Notice to the department of land and natural resources of suspensions and revocations of operating privileges. The director shall notify the department of land and natural resources of all persons adjudicated of violations under this part and the period of suspension or revocation of operator privileges ordered by the director under this part."

SECTION 4. Section 249-9.4, Hawaii Revised Statutes, is amended to read as follows:

"[[]§249-9.4[]] Special series number plates. A qualified household member, as defined in section [286-251,] 291E-1, or a co-owner of a motor vehicle owned by [an arrestee] a respondent under part [XIV] III of [this] chapter[,] 291E, who has been granted a special motor vehicle registration under section [286-263.6,] 291E-B, shall apply to the appropriate county director of finance for special [license] number plates that shall bear a special series of numbers or letter so as to be readily identifiable by law enforcement officers[.] and readily distinguishable from number plates or special number plates issued under sections 249-9.1, 249-9.2, and 249-9.3. The director of finance may issue the special series number plates only if:

SECTION 5. Section 281-44, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) All licensed premises shall post a sign in or about the premises containing and notifying all customers and other persons of the [penalties of driving] possible sanctions that may be imposed for operating a vehicle under the influence of [intoxicating liquor] an intoxicant under [section 291-4.] sections 291E-41 and 291E-61. The sign shall be conspicuously positioned in order to be seen by an ordinarily observant person."

SECTION 6. Section 286-104, Hawaii Revised Statutes, is amended to read as follows:

"§286-104 What persons shall not be licensed. The examiner of drivers shall not issue any license hereunder:

Any person denied a license under this or any other section of this part shall have a right of appeal as provided in section 286-129."

SECTION 7. Section 286-132, Hawaii Revised Statutes, is amended to read as follows:

"§286-132 Driving while license suspended or revoked. Except as provided in section [291-4.5,] 291E-62, no resident or nonresident whose driver's license, right, or privilege to operate a motor vehicle in this State has been canceled, suspended, or revoked may drive any motor vehicle upon the highways of this State while the license, right, or privilege remains canceled, suspended, or revoked."

SECTION 8. Section 286G-3, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) A driver education assessment of $7 shall be levied on a finding that a violation of a statute or county ordinance relating to vehicles or their drivers or owners occurred, except for:

In addition, a driver education assessment of $100 shall be levied on persons convicted under section [291-4] 291E-61 to defray costs of services provided by the driver education and training program; and $50 shall be levied on persons required to attend a child passenger restraint system safety class under section 291-11.5.

(b) The driver education assessments levied by subsection (a) shall be paid for each violation in addition to any fine imposed by the court, and regardless of whether a fine is suspended; provided that the driver education assessment of $100 levied on a person convicted under section [291-4] 291E-61 may be waived by the court if the court determines that the person is unable to pay the driver education assessment."

SECTION 9. Section 287-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The traffic violations bureaus of the district courts, upon request, shall furnish any person a certified abstract of the bureaus' record, if any, of any person relating to all alleged moving violations and any convictions resulting therefrom, arising from the operation of a motor vehicle and any administrative license revocation pursuant to chapter 291E, part III and chapter 286, part XIV[.] , as it was in effect on December 31, 2001. The traffic violations bureaus may collect a fee, not to exceed $7, of which $5 shall be deposited into the general fund and $2 shall be deposited into the judiciary computer system special fund."

SECTION 10. Section 291E-1, Hawaii Revised Statutes, is amended as follows:

1. By adding eight new definitions to be appropriately inserted and to read:

""Household member" means:

"Number plates" refer to the number plates or special number plates, which are commonly known as license plates, that are issued under sections 249-9, 249-9.1, 249-9.2, and 249-9.3 and that are required to be attached on a motor vehicle pursuant to section 249-1 to 249-13.

"Preliminary alcohol screening device" means a device designed to detect and verify the presence of alcohol or provide an estimated value of alcohol concentration.

"Privilege" refers to the authority to operate a vessel underway on or in the waters of the State.

"Qualified household member" means a household member of the respondent who has a license that has not expired or been suspended or revoked.

"Repeat intoxicated driver" means a person who previously:

"Temporary number plates" refers to the temporary number plates given, along with the temporary vehicle registration, to a respondent pursuant to section 291E-33, but does not include a temporary number plate attached to a new vehicle pursuant to sections 249-7.5 and 286-53.

"Temporary vehicle registration" means the portion of the notice of administrative revocation that, when completed by the arresting law enforcement officer, permits the respondent to drive a vehicle registered in the name of the respondent for thirty days or until the time established by the director under part III."

2. By amending the definition of "administrative revocation" to read:

""Administrative revocation" means termination of the respondent's [driver's vehicle license or]:

but does not include any revocation imposed under section 291E-61."

3. By amending the definition of "alcohol enforcement contact" to read:

""Alcohol enforcement contact" means: [any]

4. By amending the definition of "drug" to read:

""Drug" means any controlled substance, as defined and enumerated [on] in schedules I through IV of chapter 329, or its metabolites."

5. By amending the definition of "drug enforcement contact" to read:

""Drug enforcement contact" means: [any]

6. By amending the definition of "law enforcement officer" to read:

""Law enforcement officer" means any public servant, whether employed by the State, a county, or by the United States, vested by law with a duty to maintain public order or to make arrests for offenses or to enforce the criminal laws, and includes a conservation and resources enforcement officer as [defined] specified in section 199-3."

7. By amending the definition of "public way, street, road, or highway" to read:

""Public way, street, road, or highway" includes:

SECTION 11. Section 291E-11, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291E-11[]] Implied consent of operator of vehicle to submit to testing to determine alcohol concentration and drug content. (a) Any person who operates a vehicle upon a public way, street, road, or highway or on or in the waters of the State shall be deemed to have given consent, subject to this part, to a test or tests approved by the director of health of the person's breath, blood, or urine for the purpose of determining alcohol concentration or drug content of the person's breath, blood, or urine, as applicable.

(b) The test or tests shall be administered at the request of a law enforcement officer having probable cause to believe the person operating a vehicle upon a public way, street, road, or highway or on or in the waters of the State is under the influence of an intoxicant or is under the age of twenty-one and has consumed a measurable amount of alcohol [concentration], only after:

(c) If there is probable cause to believe that a person is in violation of section 291E-64, as a result of being under the age of twenty-one and having consumed a measurable amount of alcohol, or section 291E-61, as a result of having consumed alcohol, then the person shall elect to take a breath or blood test, or both, for the purpose of determining the alcohol concentration.

(d) If there is probable cause to believe that a person is in violation of section 291E-61, as a result of having consumed any drug, then the person shall elect to take a blood or urine test, or both, for the purpose of determining the drug content. Drug content shall be measured by the presence of any drug or its metabolic products, or both.

(e) A person who chooses to submit to a breath test under subsection (c) also may be requested to submit to a blood or urine test, if the law enforcement officer has probable cause to believe that the person was operating a vehicle while under the influence of any drug under section 291E-61 and the officer has probable cause to believe that a blood or urine test will reveal evidence of the person being under the influence of any drug. The law enforcement officer shall state in the officer's report the facts upon which that belief is based. The person shall elect to take a blood or urine test, or both, for the purpose of determining the person's drug content. Results of a blood or urine test conducted to determine drug content also shall be admissible for the purpose of determining the person's alcohol concentration. Submission to testing for drugs under subsection (d) or this subsection shall not be a substitute for alcohol tests requested under subsection (c).

(f) The use of a preliminary alcohol screening device by a law enforcement officer shall not replace a breath, blood, or urine test required under this section. The analysis from the use of a preliminary alcohol screening device shall only be used in determining probable cause for the arrest.

[(f)] (g) Any person tested pursuant to this section who is convicted or has the person's license or privilege suspended or revoked pursuant to this chapter may be ordered to reimburse the county for the cost of any blood or urine tests, or both, conducted pursuant to this section. If reimbursement is so ordered, the court or the director, as applicable, shall order the person to make restitution in a lump sum, or in a series of prorated installments, to the police department or other agency incurring the expense of the blood or urine test, or both."

SECTION 12. Section 291E-21, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) The law enforcement officer shall make the request under subsection (c) to the hospital or medical facility treating the person from whom the blood or urine is to be recovered. Upon the request of the law enforcement officer that blood or urine be recovered pursuant to this section, and except where the responsible attending personnel at the hospital or medical facility determines in good faith that recovering or attempting to recover blood or urine from the person [represents] presents an imminent threat to the health of the medical personnel or others, the hospital or medical facility shall:

SECTION 13. Section 291E-31, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291E-31[]] Notice of administrative revocation; effect. As used in this part, the notice of administrative revocation:

SECTION 14. Section 291E-33, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291E-33[]] Probable cause determination; issuance of notice of administrative revocation; procedures. (a) Whenever a person is arrested for a violation of section 291E-61 on a determination by the arresting law enforcement officer that:

the law enforcement officer immediately shall take possession of any license held by the person and request the person to take a test for alcohol concentration [of alcohol in the blood], in the case of an alcohol related offense, or a test for drug content in the blood or urine, in the case of a drug related offense. The law enforcement officer shall inform the person that, in the case of an alcohol related offense, the person shall elect to take a breath test or a blood test, or both, pursuant to section 291E-11. In the case of a drug related offense, the person shall elect to take a blood test or a urine test, or both, pursuant to section 291E-11. The law enforcement officer also shall inform the person of the sanctions under this part, including the sanction for refusing to take a breath, blood, or urine test. Thereafter, the law enforcement officer shall complete and issue to the person a notice of administrative revocation and shall indicate thereon whether the notice shall serve as a temporary permit. The notice shall serve as a temporary permit, unless, at the time of arrest: the person was unlicensed; the person's license or privilege to operate a vehicle was revoked or suspended; or the person had no license in the person's possession.

(b) Whenever a law enforcement officer determines that, as the result of a blood or urine test performed pursuant to section [291E-21(b) or (c),] 291E-21, there is probable cause to believe that a person being treated in a hospital or medical facility has violated section 291E-61, the law enforcement officer immediately shall take possession of any license held by the person and shall complete and issue to the person a notice of administrative revocation and indicate thereon whether the notice shall serve as a temporary permit. The notice shall serve as a temporary permit unless, at the time the notice was issued: the person was unlicensed; the person's license or privilege to operate a vehicle was revoked or suspended; or the person had no license in the person's possession.

(c) Whenever a respondent under this section is a repeat intoxicated driver, the arresting law enforcement officer shall take possession of the motor vehicle registration and, if the motor vehicle being driven by the respondent is registered to the respondent, remove the number plates and issue a temporary motor vehicle registration and temporary number plates for the motor vehicle. No temporary motor vehicle registration or temporary number plates shall be issued if the respondent's registration has expired or been revoked. The applicable police department, upon determining that the respondent is a repeat intoxicated driver, shall notify the appropriate county director of finance to enter a stopper on the motor vehicle registration files to prevent the respondent from conducting any motor vehicle transactions, except as permitted under this part."

SECTION 15. Section 291E-34, Hawaii Revised Statutes, is amended by amending subsections (b) to (h) to read as follows:

"(b) The notice, when completed by the law enforcement officer and issued to the respondent, shall contain at a minimum the following information relating to the incident that gives rise to the issuance of the notice of administrative revocation:

(c) The notice shall provide, at a minimum, the following information relating to the administrative review:

(d) The notice shall state that, if the respondent's license and privilege to operate a vehicle [is], and motor vehicle registration if applicable, are not administratively revoked after the review, the respondent's license, and if applicable, motor vehicle registration and any number plates taken into custody, shall be returned, unless a subsequent alcohol or drug enforcement contact has occurred, along with a certified statement that the administrative revocation proceedings have been terminated.

(e) The notice shall state that, if the respondent's license and privilege to operate a vehicle, and motor vehicle registration if applicable, are administratively revoked after the review, a decision shall be mailed to the respondent, or to the parent or guardian of the respondent if the respondent is under the age of eighteen, that shall contain, at a minimum, the following information:

(f) The notice shall provide, at a minimum, the following information relating to administrative hearings:

(g) The notice shall state that, if the administrative revocation is reversed after the hearing, the respondent's license, and if applicable, motor vehicle registration and any number plates taken into custody, shall be returned, along with a certified statement that the administrative revocation proceedings have been terminated.

(h) The notice shall state that, if the administrative revocation is sustained at the hearing, a written decision shall be mailed to the respondent, or to the parent or guardian of the respondent if the respondent is under the age of eighteen, that shall contain, at a minimum, the following information:

SECTION 16. Section 291E-35, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291E-35[]] Immediate restoration of license[.] and motor vehicle registration. (a) In cases involving an alcohol related offense, if a test conducted in accordance with part II and section 321-161 and the rules adopted thereunder shows that a respondent had an alcohol concentration less than .08, the director or the arresting law enforcement agency immediately shall return the respondent's license, and if applicable, motor vehicle registration and any number plates taken into custody, along with a certified statement that administrative revocation proceedings have been terminated with prejudice.

(b) In cases involving a drug related offense, if a test conducted in accordance with part II and section 321-161 and the rules adopted thereunder fails to show the presence, in the respondent's blood or urine, of any drug that is capable of impairing the respondent's ability to operate a vehicle in a careful and prudent manner, the director or the arresting law enforcement agency immediately shall return the respondent's license, and if applicable, motor vehicle registration and any number plates taken into custody, along with a certified statement that administrative revocation proceedings have been terminated with prejudice."

SECTION 17. Section 291E-36, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291E-36[]] Documents required to be submitted for administrative review; sworn statements [of law enforcement officials]. (a) Whenever a respondent has been arrested for a violation of section 291E-61 and submits to a test that establishes: the respondent's alcohol concentration was .08 or more; the presence, in the respondent's blood or urine, of any drug that is capable of impairing the respondent's ability to operate a vehicle in a careful and prudent manner; or whenever a respondent has been involved in a collision resulting in injury or death and a blood or urine test performed pursuant to section 291E-21 establishes that the respondent's alcohol concentration was .08 or more or establishes the presence in the respondent's blood or urine of any drug that is capable of impairing the respondent's ability to operate a vehicle in a careful and prudent manner, the following shall be forwarded immediately to the director:

(b) Whenever a respondent has been arrested for a violation of section 291E-61 and refuses to submit to a test to determine alcohol concentration or drug content in the blood or urine, the following shall be forwarded immediately to the director:

SECTION 18. Section 291E-37, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291E-37[]] Administrative review; procedures; decision. (a) The director automatically shall review the issuance of a notice of administrative revocation and shall issue a written decision administratively revoking the license and privilege to operate a vehicle, and motor vehicle registration if applicable, or rescinding the notice of administrative revocation. The written review decision shall be mailed to the respondent, or to the parent or guardian of the respondent if the respondent is under the age of eighteen, no later than:

(b) The respondent shall have the opportunity to demonstrate in writing why the respondent's license and privilege to operate a vehicle, and motor vehicle registration if applicable, should not be administratively revoked and, within three days of receiving the notice of administrative revocation, as provided in section 291E-33, shall submit any written information, either by mail or in person, to the director's office or to any office or address designated by the director for that purpose.

(c) In conducting the administrative review, the director shall consider:

(d) The director shall administratively revoke the respondent's license and privilege to operate a vehicle if the director determines that:

(e) The director shall administratively revoke the registration of any vehicle owned or registered to the respondent and take custody of any number plates issued to the respondent if the director determines that the respondent is a repeat intoxicated driver and that:

[(e)] (f) If the evidence does not support administrative revocation, the director shall rescind the notice of administrative revocation and return the respondent's license, and if applicable, motor vehicle registration and any number plates taken into custody, along with a certified statement that administrative revocation proceedings have been terminated.

[(f)] (g) If the director administratively revokes the respondent's license and privilege to operate a vehicle, and motor vehicle registration if applicable, the director shall mail a written review decision to the respondent, or to the parent or guardian of the respondent if the respondent is under the age of eighteen. The written review decision shall:

[(g)] (h) Failure of the respondent to request a hearing within the time provided in section 291E-38(a) shall cause the administrative revocation to take effect for the period and under the conditions provided in the administrative review decision issued by the director under this section. The respondent may regain the right to an administrative hearing by requesting the director, within sixty days of the issuance of the notice of administrative revocation as provided in section 291E-33, to schedule an administrative hearing. The administrative hearing shall be scheduled to commence no later than thirty days after the request is received by the director. The administrative review decision issued by the director under this section shall explain clearly the consequences of failure to request an administrative hearing and the procedure by which the respondent may regain the right to a hearing."

SECTION 19. Section 291E-38, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291E-38[]] Administrative hearing; procedure; decision. (a) If the director administratively revokes the respondent's license and privilege to operate a vehicle, and motor vehicle registration if applicable, after the administrative review, the respondent may request an administrative hearing to review the decision within six days of the date the administrative review decision is mailed. If the request for hearing is received by the director within six days of the date the decision is mailed, the hearing shall be scheduled to commence no later than:

The director may continue the hearing only as provided in subsection [(j).] (k).

(b) The hearing shall be held at a place designated by the director, as close to the location where the notice of administrative revocation was issued as practical.

(c) The respondent may be represented by counsel and, if the respondent is under the age of eighteen, must be accompanied by a parent or guardian.

(d) The director shall conduct the hearing and have authority to:

(e) The director shall affirm the administrative revocation only if the director determines that:

(f) In addition to subsection (e), the director shall affirm the administrative revocation of the registration of any motor vehicle owned by or registered to the respondent only if the director determines that the respondent is a repeat intoxicated driver. If the director affirms the administrative revocation pursuant to this subsection, the director shall order the respondent to surrender the number plates and motor vehicle registration of any motor vehicle owned by or registered to the respondent. The director may destroy any number plates taken into custody.

[(f)] (g) The respondent's prior alcohol and drug enforcement contacts shall be entered into evidence.

[(g)] (h) The sworn statements provided in section 291E-36 shall be admitted into evidence. Upon notice to the director, no later than five days prior to the hearing, that the respondent wishes to examine a law enforcement [official] officer or other person who made a sworn statement, the director shall issue a subpoena for the [official] officer or other person to appear at the hearing. If the [official] officer or other person cannot appear, the [official,] officer or other person at the discretion of the director, may testify by telephone.

[(h)] (i) The hearing shall be recorded in a manner to be determined by the director.

[(i)] (j) The director's decision shall be rendered in writing and mailed to the respondent, or to the parent or guardian of the respondent if the respondent is under the age of eighteen, no later than five days after the hearing is concluded. If the decision is to reverse the administrative revocation, the director shall return the respondent's license, and if applicable, motor vehicle registration and any number plates taken into custody, along with a certified statement that administrative revocation proceedings have been terminated. If the decision sustains the administrative revocation, the director shall mail to the respondent a written decision indicating the duration of the administrative revocation and any other conditions or restrictions as may be imposed pursuant to section 291E-41.

[(j)] (k) For good cause shown, the director may grant a continuance either of the commencement of the hearing or of a hearing that has already commenced. If a continuance is granted at the request of the director, the director shall extend the validity of the temporary permit, and temporary motor vehicle registration and temporary number plates if applicable, unless otherwise prohibited, for a period not to exceed the period of the continuance. If a continuance is granted at the request of the respondent, the director shall not extend the validity of the temporary permit[.] , or temporary motor vehicle registration and temporary number plates, if applicable. For purposes of this section, a continuance means a delay in the commencement of the hearing or an interruption of a hearing that has commenced, other than for recesses during the day or at the end of the day or week.

(l) The director may grant a special motor vehicle registration, pursuant to section 291E-B, to a qualified household member or a co-owner of any motor vehicle upon determination that the person is completely dependent on the motor vehicle for the necessities of life. The special motor vehicle registration shall not be valid for use by the respondent.

[(k)] (m) If the respondent fails to appear at the hearing, or if a respondent under the age of eighteen fails to appear with a parent or guardian, administrative revocation shall take effect for the period and under the conditions established by the director in the administrative review decision issued by the director under section 291E-37."

SECTION 20. Section 291E-39, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291E-39[]] Fees and costs. The director may assess and collect a $30 fee from the respondent to cover the costs of processing the respondent's request for an administrative hearing. These costs include but should not be limited to: the cost of photocopying documents; the issuance of subpoenas, conditional license permits, temporary permits, temporary motor vehicle registrations, temporary number plates, and relicensing forms; interpreter services; law enforcement [official] or other witness mileage fees; and other similar costs. The director may waive the fee in the case of an indigent respondent, upon an appropriate inquiry into the financial circumstances of the respondent seeking the waiver and an affidavit or a certificate signed by the respondent demonstrating the respondent's financial inability to pay the fee."

SECTION 21. Section 291E-41, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291E-41[]] Effective date and period of administrative revocation; criteria. (a) Unless an administrative revocation is reversed or the temporary permit [is], and temporary motor vehicle registration and temporary number plates if applicable, are extended by the director, administrative revocation shall become effective on the day specified in the notice of administrative revocation. Except as provided in section 291E-44, no license and privilege to operate a vehicle, nor motor vehicle registration and number plates if applicable, shall be restored under any circumstances, and no conditional license permit shall be issued during the administrative revocation period. Upon completion of the administrative revocation period, the respondent may reapply and be reissued a license pursuant to section 291E-45.

(b) The periods of administrative revocation with respect to a license and privilege to operate a vehicle, and motor vehicle registration if applicable, that shall be imposed under this part are as follows:

(c) Whenever a motor vehicle registration is revoked under this part, the director shall cause the revocation to be entered electronically into the motor vehicle registration file of the respondent.

[(c)] (d) If a respondent has refused to be tested after being informed of the sanctions of this part, the revocation imposed under subsection (b)(1), (2), [and] (3), and (4) shall be for a period of one year, two years, [and] four years, and a lifetime, respectively.

(e) In addition to subsection (d), any motor vehicle registration of an respondent who is a repeat intoxicated driver and who refused to be tested after being informed of the sanctions of this part shall be revoked for the periods specified in subsection (d), and the respondent shall be prohibited from subsequently registering any motor vehicle for the applicable revocation period.

[(d)] (f) Whenever a license and privilege to operate a vehicle is administratively revoked under this part, the respondent shall be referred to [a certified substance abuse counselor] the driver's education program for an assessment, by a certified substance abuse counselor, of the respondent's substance abuse or dependence and the need for treatment. The counselor shall submit a report with recommendations to the director. If the counselor's assessment establishes that the extent of the respondent's substance abuse or dependence warrants treatment, the director [may] shall so order. All costs for assessment and treatment shall be paid by the respondent.

[(e)] (g) Alcohol and drug enforcement contacts that occurred prior to January 1, 2002 shall be counted in determining the administrative revocation period.

[(f)] (h) The requirement to provide proof of financial responsibility pursuant to section 287-20 shall not be based upon a revocation under subsection (b)(1)."

SECTION 22. Section 291E-42, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291E-42[]] Notice to other states. When a nonresident's driving and boating privileges, and motor vehicle registration if applicable, are administratively revoked under this part, the director shall:

SECTION 23. Section 291E-44, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291E-44[]] Conditional license permits. (a) During the administrative hearing, the director, at the request of a respondent who is subject to administrative revocation for a period as provided in section 291E-41(b)(1), may issue a conditional license permit that will allow the respondent, after a minimum period of absolute license revocation of thirty days, to drive for the remainder of the revocation period[,]; provided that one or more of the following conditions are met:

The director shall not issue a conditional license permit to a respondent whose license, during the conditional license permit period, is expired or is suspended or revoked as a result of action other than the instant revocation for which the [arrestee] respondent is requesting a conditional license permit under this section.

(b) A request made pursuant to subsection (a)(1) shall be accompanied by:

(c) A request made pursuant to subsection (a)(2) shall be accompanied by a sworn statement by the respondent attesting to the specific facts upon which the request is based, which statement shall be verified by the director.

(d) A conditional license permit may include restrictions allowing the respondent to drive:

In addition, the director may impose any other appropriate restrictions.

(e) The duration of the conditional license permit shall be determined on the basis of the criteria set forth in subsections (b) and (c).

(f) If the respondent violates the conditions imposed under this section, the conditional license permit shall be rescinded, and administrative revocation shall be immediate for the appropriate period authorized by law."

SECTION 24. Section 291E-45, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291E-45[]] Eligibility for relicensing[.] and reregistration of motor vehicle. (a) To be eligible for relicensing or renewing the privilege to operate a vessel after a period of administrative revocation has expired, the person shall:

(b) To be eligible for reregistration of a motor vehicle, if applicable, after a period of administrative revocation has expired, the person shall:

SECTION 25. Section 291E-61, Hawaii Revised Statutes, is amended by amending subsections (b), (c), and (d) to read as follows:

"(b) A person committing the offense of operating a vehicle under the influence of an intoxicant shall be sentenced as follows without possibility of probation or suspension of sentence:

An offense under this paragraph is a class C felony.

(c) Notwithstanding any other law to the contrary, any:

shall be considered a prior conviction for the purposes of imposing sentence under this section. No license and privilege suspension or revocation shall be imposed pursuant to this [subsection] section if the person's license and privilege to operate a vehicle has previously been administratively revoked pursuant to part III for the same act; provided that, if the administrative suspension or revocation is subsequently reversed, the person's license and privilege to operate a vehicle shall be revoked as provided in this [subsection.] section.

(d) Whenever a court sentences a person pursuant to subsection (b), it also shall require that the offender be referred to the driver's education program [a substance abuse counselor who has been certified pursuant to section 321-193] for an assessment, by a certified substance abuse counselor, of the offender's substance abuse or dependence and the need for appropriate treatment. The counselor shall submit a report with recommendations to the court. The court shall require the offender to obtain appropriate treatment if the counselor's assessment establishes the offender's substance abuse or dependence. All [cost] costs for assessment [or] and treatment [or both] shall be borne by the offender."

SECTION 26. Section 291E-62, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) No person whose license and privilege to operate a vehicle [has] have been revoked, suspended, or otherwise restricted pursuant to part III or section 291E-61, or to part VII or part XIV of chapter 286 or section 200-81, 291-4, 291-4.4, or 291-7[,] as those provisions were in effect on December 31, 2001, shall operate or assume actual physical control of any vehicle:

SECTION 27. Section 291E-63, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291E-63[]] Records of [convictions and] suspensions and revocations of operating privileges to be maintained. The court shall notify the department of land and natural resources [shall maintain a record of all persons convicted of offenses or violations involving vessels under this part] of any sanctions imposed for offenses or violations under this part and the period of suspension or revocation of operator privileges ordered by the court under this part."

SECTION 28. Section 291E-64, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) and (b) to read:

"(a) It shall be unlawful for any person under the age of twenty-one years to operate any vehicle with a measurable amount of alcohol [concentration]. A law enforcement officer may arrest a person under this section when the officer has probable cause to believe the arrested person is under the age of twenty-one and had been operating a [motor] vehicle upon a public way, street, road, or highway or on or in the waters of the State with a measurable amount of alcohol. [For purposes of this section, "measurable amount of alcohol" means a test result equal to or greater than .02 but less than .08 grams of alcohol per one hundred milliliters or cubic centimeters of blood or equal to or greater than .02 but less than .08 grams of alcohol per two hundred ten liters of breath.]

(b) A person who violates this section shall be sentenced as follows:

(A) The court shall impose:

"(d) Whenever a court sentences a person pursuant to subsection (b)(2) or (3), it also shall require that the person be referred to [a substance abuse counselor who has been certified pursuant to section 321-193] the driver's education program for an assessment, by a certified substance abuse counselor, of the person's alcohol abuse or dependence and the need for appropriate treatment. The counselor shall submit a report with recommendations to the court. The court shall require the person to obtain appropriate treatment if the counselor's assessment establishes the person's alcohol abuse or dependence. All costs for assessment [or] and treatment [or both] shall be borne by the person or by the person's parent or guardian, if the person is under the age of eighteen.

(e) Notwithstanding section 831-3.2 or any other law to the contrary, a person convicted of a first-time violation under subsection (b)(1), who had no prior alcohol enforcement contacts, may apply to the court for an expungement order upon attaining the age of twenty-one, or thereafter, if the person has fulfilled the terms of the sentence imposed by the court and has had no subsequent alcohol or [drug-related] drug related enforcement contacts."

SECTION 29. Section 291E-65, Hawaii Revised Statutes, is amended as follows:

1. By amending subsections (a) and (b) to read:

"(a) If a person under arrest for operating a vehicle after consuming a measurable amount of alcohol, pursuant to section 291E-64, refuses to submit to a breath or blood test, none shall be given, except as provided in section 291E-21, but the arresting law enforcement officer, as soon as practicable, shall submit an affidavit to a district judge of the circuit in which the arrest was made, stating:

(b) Upon receipt of the affidavit, the district judge shall hold a hearing within twenty days. The district judge shall hear and determine:

"(e) If a legally arrested person under the age of twenty-one refuses to submit to a test of the person's breath or blood, proof of refusal shall be admissible only in a hearing under this section or part III [of this chapter] and shall not be admissible in any other action or proceeding, whether civil or criminal."

SECTION 30. Section 321-161, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The department of health shall establish and administer a statewide program relating to chemical testing of alcohol concentrations or drug content for the purposes of chapters 286, 291, [and] 291C, and 291E, with the consultation of the state director of transportation. Under the program, appropriate procedures shall be established for specifying:

SECTION 31. Section 431:10C-306, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) No provision of this article shall be construed to exonerate, or in any manner to limit:

SECTION 32. Section 431:10C-407, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The plan shall provide all personal injury protection benefits and services and bodily injury and property damage liability coverages to the limits and coverages specified in this article for all classes of persons, motor vehicles, and motor vehicle uses specified in this part upon the payment of premiums as provided in subpart C, as follows:

SECTION 33. Section 437D-13, Hawaii Revised Statutes, is amended as follows:

1. By amending its title and subsection (a) to read:

"§437D-13 Notice and posting required concerning seat belt, child passenger restraint, and [drunk driving] operating a vehicle under the influence laws. (a) Every lessor shall display at all times in a conspicuous place in each rental motor vehicle offered to the public, a decal, written in plain language and in no less than ten-point type, that informs the lessee of:

The requirements and penalties of Hawaii's seat belt laws and child passenger restraint laws, as provided in sections 291-11.5 and 291-11.6, and the prohibition against and penalties for [driving while] operating a vehicle under the influence of [intoxicating liquor,] an intoxicant, as provided in section [291-4,] 291E-61, shall be printed on a card which shall be placed in the glove compartment of every rental motor vehicle offered to the public."

2. By amending subsection (c) to read:

"(c) The notices and signs required by this section shall include symbolic representations [which] that are of common understanding and clearly recognizable to the public as conveying the required use of seat belts and child passenger restraint systems in the operation of a motor vehicle and the prohibition against [driving while] operating a vehicle under the influence of [intoxicating liquor.] an intoxicant."

SECTION 34. Section 604-8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) District courts shall have jurisdiction of, and their criminal jurisdiction is limited to, criminal offenses punishable by fine, or by imprisonment not exceeding one year whether with or without fine. They shall not have jurisdiction over any offense for which the accused cannot be held to answer unless on a presentment or indictment of a grand jury.

In any case cognizable by a district court [as aforesaid] under this section in which the accused has the right to a trial by jury in the first instance, the district court, upon demand by the accused[,] for [such] a trial by jury, shall not exercise jurisdiction over [such] the case [except violations under section 291-4], but shall examine and discharge or commit for trial the accused as provided by law[, but] ; provided that, if in any such case the accused does not demand a trial by jury on the date of arraignment or within ten days thereafter, the district court may exercise jurisdiction over the [same,] case, subject to the right of appeal as provided by law. [Trial by jury for violations under section 291-4 may be heard in the district court.]"

SECTION 35. Section 706-603, Hawaii Revised Statutes, is amended by amending subsection (7) to read as follows:

"(7) Blood withdrawn pursuant to this section shall be withdrawn only by a person authorized to withdraw blood under section [286-152.] 291E-12. The results shall be recorded, preserved, and disseminated in a manner consistent with the requirements of chapter 846. A defendant who has already provided the necessary samples of blood pursuant to this section shall be relieved of any further requirement to provide blood for DNA analysis, unless the court orders otherwise."

SECTION 36. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 37. In codifying the new sections added by section 3 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 38. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.