STAND

STAND. COM. REP. NO. 707

Honolulu, Hawaii

, 2005

RE: S.B. No. 428

S.D. 2

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 428, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to modify and amend Hawaii's driver licensing laws relating to drivers under the age of eighteen.

Specifically, this measure:

(1) Establishes a provisional licensing program for persons under the age of eighteen;

(2) Requires that a driver with a provisional license driving after 11:00 p.m. and before 5:00 a.m. be accompanied by a licensed parent or guardian;

(3) Allows a driver with a provisional license to drive after 11:00 p.m. and before 5:00 a.m. without a licensed parent or guardian if the driver is traveling to or from work or a school related activity and limits that driver to transporting one passenger under the age of eighteen; and

(4) Establishes processes and procedures relating to the revocation and reissuance of a provisional driver's license.

Testimony in support of the measure was submitted by the Department of Health, the Department of Transportation, the Honolulu Police Department, the Department of Education, the Department of the Prosecuting Attorney for the City and County of Honolulu, the American Academy of Pediatrics, the Hawaii Insurers Council, State Farm Mutual Automobile Insurance Company, the Keiki Injury Prevention Coalition, Mothers Against Drunk Driving-Hawaii Chapter, and three individuals. Testimony in opposition to the measure was submitted by the Office of the Public Defender. Offering comments on the measure were the Judiciary and the Department of Customer Services for the City and County of Honolulu.

This measure implements a provisional licensing program for individuals under the age of eighteen and regulates the time period as well as the characteristics and number of passengers that are allowed to accompany these individuals in the course of driving. Your Committee finds that this provisional licensing program, which includes processes and procedures for revoking and reissuing provisional licenses, addresses concerns in the community with respect to the operation of motor vehicles by minors.

Your Committee has amended this measure as follows:

(1) Making technical, non-substantive amendments for purposes of clarity and style; and

(2) Changing the effective date to January 9, 2006 in response to testimony submitted by the Department of Customer Services for the City and County of Honolulu.

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. 428, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 428, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

		____________________________ COLLEEN HANABUSA, Chair