CONFERENCE COMMITTEE REP. NO.59

Honolulu, Hawaii

, 2005

RE: H.B. No. 150

H.D. 2

S.D. 2

C.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 150, H.D. 2, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO DRIVER LICENSING,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this bill is to improve traffic safety by establishing a provisional driver licensing program consisting of graduated driver licensing in three stages for persons under the age of 18. Among other things, this bill:

(1) Establishes that a person at least sixteen years of age but under the age of 18 may be granted a provisional license subject to certain requirements;

(2) Limits the number of passengers as well as the hours of operation for drivers with a provisional license;

(3) Requires a provisional licensee or holder of an instruction permit to be accompanied by a licensed parent or guardian when driving between the hours of 11:00 p.m. and 5:00 a.m., subject to certain exceptions for provisional licensees travelling to and from employment or school-related functions;

(4) Creates penalties, including suspension and revocation of the provisional license, for violating passenger limits and operating a motor vehicle between 11:00 p.m. and 5:00 a.m. without appropriate verification from a parent or employer or if the provisional licensee is not accompanied by a licensed parent or guardian;

(5) Gives the District Court and Family Court concurrent jurisdiction over suspensions or revocations of provisional licenses;

(6) Provides that provisional licenses expire on the licensee's nineteenth birthday to allow licensees more time to apply for a full driver's license;

(7) Requires instruction permit holders, when driving, to be accompanied by an individual who is at least 21 years of age and licensed;

(8) Requires the Department of Transportation and Department of Health to compile and analyze all traffic and accident data to determine the effectiveness of this graduated licensing program in reducing traffic fatalities and accidents in the State; and

(9) Repeals the graduated licensing program in three years.

Your Committee has amended this bill by:

(1) Clarifying that a provisional licensee may transport more than one person under the age of 18 if the individuals are members of the provisional licensee's household, including hanai or foster children;

(2) Changing the date of the repeal of this measure to January 9, 2011; and

(3) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 150, H.D. 2, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 150, H.D. 2, S.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________

LORRAINE R. INOUYE, Chair

____________________________

JOSEPH M. SOUKI, Co-Chair

____________________________

COLLEEN HANABUSA, Co-Chair

____________________________

SYLVIA LUKE, Co-Chair