Establishes an ignition interlock program that permits court to require use of the system as part of the sentence for driving under the influence of an intoxicant. Requires department of transportation to monitor program. Appropriates funds.

A BILL FOR AN ACT

SECTION 1. The legislature finds that there is a need to reduce the incidence of drivers on highways and roads of this State, who, because of their use, consumption, or possession of intoxicating liquor, pose a danger to the health and safety of the people of Hawaii.

One method of dealing with the problem of drinking drivers is to discourage the use of motor vehicles by persons who possess or have consumed alcoholic beverages. The installation of an ignition interlock system that measures breath alcohol will provide a means of deterring the use of motor vehicles by these persons. Ignition interlock systems are designed to supplement other methods of punishment that prevent drivers who have been convicted of driving under the influence of an intoxicant from using a motor vehicle after using, possessing, or consuming alcohol. It is economically and technically feasible to have an ignition interlock system installed in a motor vehicle in such a manner that the vehicle will not start if the operator has recently consumed alcohol.

The purpose of this Act is to authorize the court to require a person convicted of driving under the influence of an intoxicant to attach an ignition interlock system to the person's car to prevent impaired driving, in addition to other sanctions.

The legislature finds indications that sentencing an impaired driver to prison alone does little more than remove the offender from the roads for a period of time. To lower the incidence of repeat offenses, it is important that the cause of the offense be treated. Therefore, this Act provides the court with a sentencing option that combines connection of the interlock system with community service and imprisonment. However, the current sentencing structure has also been preserved to allow the court greater flexibility.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

§ -1 Definitions. As used in this chapter:

"Director" means the director of transportation.

"Examiner of drivers" means the person or persons appointed under 286-101.

"Ignition interlock system" means a constant monitoring system certified by the director which prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol level of the operator by testing a deep-lung breath sample.

§ -2 Proof of compliance; failure to comply. (a) When the court sentences an offender to the use of an ignition interlock system, the court shall require the person to provide proof of compliance to the director within ten working days.

(b) If the person fails to provide proof of installation within that period, absent a finding of good cause by the court, the court shall revoke or terminate the person's driving privileges for the remaining period during which the use of the system was required.

(c) In the event that the system cannot be installed due to unavailability of the system, the manufacturer or installer shall report this to the court and the appropriate authority shall extend the time for implementation of the system for an additional thirty days.

(d) For the purposes of this section, good cause for failure to comply shall mean any reason the court deems sufficiently justifiable to excuse the person's failure to comply with its order.

(e) The court shall also require an imprint or attachment of a notation on the driver's license of any person restricted under this chapter indicating that the person may operate only a motor vehicle equipped with an ignition interlock system.

§ -3 Monitoring. Any person required to install an ignition interlock system shall have the system monitored by the manufacturer of the system for proper use and accuracy at least quarterly or more frequently, as the court may order. A report of such monitoring shall be issued by the manufacturer to the court within fourteen days following each such monitoring.

§ -4 Costs. (a) If an ignition interlock is ordered installed pursuant to this chapter, the offender shall pay the reasonable costs of leasing or buying and installing the system.

(b) No person may be excluded from those costs for inability to pay unless that person files an affidavit of indigency or inability to pay with the court within ten days of the order, that investigation confirms such indigency or establishes that the payment of such cost would cause a grave and serious hardship to the individual or to the family of the individual, and that the court enters a written finding thereof. In lieu of waiver of the entire amount of the cost, the court may direct the offender to make partial or installment payments of costs when appropriate. Subject to appropriation, the State shall reimburse the installer of a device provided to any person for whom payment of costs has been waived on the grounds of indigency. An additional fee of not more than $100 shall be paid to the court by each person ordered to implement the ignition interlock device pursuant to this chapter, and all those fees shall be deposited in the general fund, subject to appropriation, for the support costs incurred through implementation by individuals deemed indigent.

(c) No fee shall be collected from any person who, after the filing of an affidavit of indigency or inability to pay with the court within ten days of the orders and investigation confirming that indigency or establishing that the payment of the fee would cause a grave and serious hardship to the individual or to the family thereof, is determined by the court to be indigent, provided that the court enters a written finding thereof. In lieu of waiver of the entire amount of the fee, the court may direct the individual to make partial or installment payments of the fee when appropriate. Failure to pay the fees required under this section, unless excused, shall constitute sufficient basis for a finding by the court at a hearing that the person has failed to comply with implementation.

§ -5 Employer-owned vehicles. (a) If a person is required, in the course and scope of the person's employment to operate a motor vehicle owned by the person's employer, the person may operate that vehicle without installation of an ignition interlock system only if the employer has been notified that the employee is restricted as provided in section 291E-61 and the employee has proof of the notification in possession while operating the employer's vehicle in the course of employment.

(b) To the extent that an employer-owned vehicle is made available for personal use to the person subject to this chapter, no exemption under this section shall apply. A person intending to operate an employer-owned motor vehicle for personal use and who is required to operate only a motor vehicle equipped with a certified ignition interlock system shall bear the burden of notifying the employer in accordance with this section and obtaining consent in writing from the employer to install such a system in the employer-owned vehicle.

(c) Upon conviction for violation of any provision of this section, the court shall notify the examiner of drivers who shall immediately revoke the person's license to operate a vehicle for the remainder of the period of suspension or revocation during which the ignition interlock requirement was imposed.

§ -6 Tampering; use of other than personal motor vehicle. (a) A person shall not circumvent or tamper with the operation of an ignition interlock system.

(b) No person shall knowingly rent, lease, or lend a motor vehicle to a person known to have had their driving privilege restricted as provided in this chapter, unless the vehicle is equipped with a functioning, certified ignition interlock system. Any person, whose driving privilege is restricted, shall notify any other person who rents, leases, or lends a motor vehicle to the restricted person of the driving restriction imposed under this chapter.

(c) No person shall solicit another to blow into an ignition interlock system, if the person is required to have a system and the person requests or solicits another to blow into the system to start the motor vehicle so as to circumvent the system.

(d) No person shall unlawfully blow into an ignition interlock system or start a motor vehicle equipped with an ignition interlock system for the purpose of providing an operable motor vehicle to someone required to have such a system. This section does not apply to a person who blows into such a system or starts the person's own vehicle that is so equipped.

(e) This section does not apply if the starting of a motor vehicle, or the request to start a motor vehicle, equipped with an ignition interlock device is done for the purpose of safety or mechanical repair of the device or the vehicle and the person subject to the court order does not operate the vehicle.

§ -7 Certification. (a) The director shall certify or cause to be certified ignition interlock systems for use in the State and adopt rules under chapter 91 for the certification of the systems. The standards shall require at least that:

(b) A list of certified systems shall be published by the director and the cost of the certification shall be borne by the manufacturers of ignition interlock systems seeking to sell or offer for sale or lease those devices in the State.

(c) The director may make an assessment against the manufacturers of ignition interlock systems seeking to sell or offer for sale or lease those devices in the State for the costs incurred in the process of certifying each ignition interlock device.

(d) The department of health, prior to certification and thereafter as deemed necessary, shall evaluate ignition interlock systems for compliance with the requirements of this section. The manufacturer of any system sought to be certified shall provide the department with the following:

§ -8 Misuse of system. No person shall advertise for sale, offer for sale, or sell or lease an ignition interlock system in the State unless the system has been certified by the director and the manufacturer of the system has affixed a warning label on the system approved by the director, stating that the tampering, circumventing, or other misuse of the system may be a misdemeanor subject to a fine or imprisonment or both, as established in section -9.

§ -9 Penalty. Any person convicted of a violation of this chapter shall be guilty of a misdemeanor."

SECTION 3. Section 291E-61, Hawaii Revised Statutes, is amended by amending subsection (b) 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:

SECTION 4. The motor vehicle safety office of the department of transportation shall monitor the use of the ignition interlock device and twenty days prior to the convening of each year's regular session, shall report to the legislature on the implementation, use, and effectiveness of ignition interlock systems.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2005-2006, and $       , or so much thereof as may be necessary for fiscal year 2006-2007, for to carry out the purposes of this Act.

The sums appropriated shall be expended by the department of transportation for the purposes of this Act.

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.