Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 2162, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to allow foster children to apply for a driver's license with the written consent of the Department of Human Services.

In addition, this measure requires that the child's biological parents pay for vehicle insurance, and provides free insurance if the child's biological parents cannot pay. This measure also allows higher education board allowances to be paid directly to former foster children.

Testimony in support of this measure was submitted by Legal Aid Society of Hawaii, the Hawaii Youth Services Network, the Hawaii Foster Youth Coalition, and twelve individuals. Comments were submitted by the Department of Human Services and the Hawaii Insurers Council.

Your Committee finds that this measure will assist foster children in making the transition to independence by giving them the opportunity to obtain a driver's license; an opportunity they may not otherwise have because their biological parents are unavailable. This measure also removes the financial burden of providing vehicle insurance for the foster child from the foster parents by making the biological parents responsible, unless a court determines that the biological parents are unable to pay. In that case, the Department of Human Services will be responsible for providing coverage.

Your Committee also notes the concern of the Hawaii Insurers Council that the bill has a technical flaw in that it seeks to provide insurance to the minor under foster care; however, section 431:10C-104 requires insurance coverage be purchased for the vehicle, not the driver.

Your Committee amended this measure to insert a defective effective date of July 1, 2050 to allow for continued discussion.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2162, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2162, S.D. 2.