Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred H.B. No. 818, H.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to clarify, that for purposes of administrative driver's license revocation hearings, law enforcement mileage fees are the responsibility of the party requesting the subpoena.

Prior to January 1, 2002, the law provided that these fees were to be included in the $30 fee to cover costs relating to the administrative hearing. In 2002, the administrative driver's license revocation law was amended to provide that these fees were to be borne by the party requesting the subpoena. Unfortunately, the existing statutory language indicating that these fees were to be included in the hearing fee was inadvertently left in the statute. The conflict between these two provisions needs to be resolved.

Your Committee finds that currently, the proceeds of the $30 hearing fee go to the general fund and do not offset the costs to the Administrative Driver's License Office, which pays the mileage fees. Your Committee further finds that the Administrative Driver's License Office should not bear the responsibility for these fees, as they should be paid by the party requesting the subpoena. Your Committee therefore supports the clarification made in this bill.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 818, H.D. 1, and recommends that it pass Third Reading.