HOUSE OF REPRESENTATIVES	H.B. NO.	2776
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO ADMINISTRATIVE LICENSE REVOCATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 291E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§291E-    Eligibility for relicensing after lifetime revocation. (a)  A respondent whose license has been administratively revoked for life pursuant to section 291E 41(b)(5) may apply in writing to the director for restoration of the respondent's eligibility for relicensing.

(b)  The application shall:

(1) Be made not sooner than ten years after the lifetime revocation was imposed; and

(2) Be accompanied by written proof that the respondent, within the ninety days immediately preceding the application, has been assessed by a certified substance abuse counselor and determined not to be in need of substance abuse treatment due to dependency or abuse under the applicable Diagnostic and Statistical Manual and Addiction Severity Index or its successor.

(c)  The application may be summarily denied if it does not meet the requirements of subsection (b) or if the respondent has been arrested or convicted while the license was revoked for the offense of driving while license revoked pursuant to section 291E-62, or under a substantially similar statute in another jurisdiction.  If the application is not summarily denied, the application shall be set for hearing in a manner consistent with section 291E-38.

(d)  At the hearing, it shall be the respondent's burden to prove by clear and convincing evidence that the respondent's eligibility for relicensing may be restored without creating an undue risk of harm to the public.  If the director grants the application, the respondent may reapply for a license after complying with the requirements of section 291E-45.

(e)  If the director denies the application, the respondent may seek judicial review consistent with section 291E-40."

     SECTION 2.  Section 291E-41, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Unless an administrative revocation is reversed or the temporary permit, and temporary motor vehicle registration and temporary number plates, if applicable, are extended by the director, administrative revocation shall become effective on the day specified in the notice of administrative revocation.  Except as provided in section 291E-44[,] or 291E-    no license and privilege to operate a vehicle, nor motor vehicle registration and number plates if applicable, shall be restored under any circumstances, and no conditional license permit shall be issued during the administrative revocation period.  Upon completion of the administrative revocation period, the respondent may reapply and be reissued a license pursuant to section 291E-45."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2010; provided that the amendments made to section 291E-41(a), Hawaii Revised Statutes, by section 2 of this Act shall not be repealed on January 1, 2011, when the amendments to section 291E-41, Hawaii Revised Statutes, are made by Act 171, Session Laws of Hawaii 2008, section 6, as amended by Act 88, Session Laws of Hawaii 2009, sections 5, 13 and 17(2), take effect.

INTRODUCED BY:

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Report Title:

DUI; Administrative License Revocation

Description:

Permits driver whose license has been administratively revoked for life to seek reinstatement of the license after 10 years have passed since the lifetime revocation.  Requires driver to have had no arrests or convictions for driving while license revoked and be free from dependency or abuse of alcohol and drugs.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.