STAND. COM. REP. NO.  817

Honolulu, Hawaii

                , 2007

RE:   H.B. No. 1159

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 1159 entitled:

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

begs leave to report as follows:

     The purpose of this bill is to address an appellate court decision concerning driving without a license (DWOL) that, by requiring the State to prove that the defendant did not possess an out-of-state license, would make it extremely difficult for the State to prove the charge.  This bill addresses the decision by requiring the defendant to establish these facts as an affirmative defense.

     The Department of the Prosecuting Attorney of the City and County of Honolulu, and the Division of Motor Vehicle Licensing and Permits for the City and County of Honolulu testified in support of this bill.  A concerned individual opposed the bill.  The Judiciary and Office of the Public Defender submitted comments.

     Your Committee has amended this bill by making technical, nonsubstantive changes for clarity and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1159, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1159, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

TOMMY WATERS, Chair