HB2373.DOC

SECTION 1. Section 286-107, Hawaii Revised Statutes, is amended to read as follows:

"§286-107 License renewals; procedures and requirements. (a) The examiner of drivers may accept an application for a renewal of a driver's license made not more than six months prior to the date of expiration.

If, however, the renewal is not applied for within ninety days after the expiration of the license, the applicant for renewal shall be treated as an applicant for a new license and examined as provided in section 286-108.

(b) Except as otherwise provided in subsection (c), an applicant for a renewal of a driver's license under this section, or the reactivation of an expired license under section 286-107.5(a), shall appear in person before the examiner of drivers and the examiner of drivers shall administer such physical examinations as the state director of transportation deems necessary to determine the applicant's fitness to continue to operate a motor vehicle.

(c) Any person who holds a category (1), (2), or (3) license issued under this part who is unable to appear in person before the examiner of drivers to apply for a renewal of the driver's license, may, if the person is not disqualified from renewing the license under subsection (a) except as provided under subsection (h), apply for a renewal by mail. The applicant's request to have the license renewed by mail must be received by the examiner of drivers within ninety days after the expiration of the license or it shall be treated as an application for reactivation of an expired license under section 286-107.5. The examiner of drivers shall, upon receipt of the request, furnish the applicant with all necessary forms and instructions. An application for renewal made pursuant to this subsection shall be accompanied by a statement from a licensed physician or physician assistant certifying that the applicant was examined by the licensed physician or physician assistant not more than six months prior to the expiration date of the applicant's license and that the applicant was found by the examination to have met the physical requirements established by the state director of transportation for the renewal of licenses. The application for renewal shall also be accompanied by:

(1) A notarized statement of the applicant certifying that the applicant does not possess any valid license to operate the same or similar category or categories of motor vehicles, issued by another licensing authority (unless the license is concurrently surrendered); and

(2) Such other information as may be required by the examiner of drivers that is reasonably necessary to confirm the identity of the applicant and the applicant's fitness to continue to operate a motor vehicle.

(d) An applicant for a renewal of the applicant's driver's license, whether applying pursuant to subsections (b) or (c), shall pay the fee determined by the council of the appropriate county. Payment of the fee shall be by certified check or money order, tendered together with the application.

(e) No driver's license shall be renewed by the examiner of drivers unless:

(1) The examiner of drivers is satisfied of the applicant's fitness to continue to operate a motor vehicle;

(2) The fee required by subsection (d) is tendered together with the application for renewal; and

(3) The applicant complies with section 286-102.5.

(f) A driver's license renewed pursuant to subsection (c) may validly be issued without incorporating a photograph of the licensee.

(g) No driver's license shall be renewable by mail for more than two consecutive renewals, regardless of whether the license expires, as provided under section 286-106, on the sixth, fourth, or second birthday after issuance; provided that this subsection shall not apply to a resident military person or that person's immediate family if the resident military person resides outside the State on official military orders.

(h) Notwithstanding subsection (a), any applicant for a renewal of a driver's license who is a member of any component of the United States armed forces and who is on active federal service outside of the State at the time the applicant's license should be renewed, may file an application for a renewal of the driver's license, which shall be accompanied by verification of federal active service outside the State as required by the examiner of drivers, within ninety days of the applicant's return to the State or discharge from hospitalization. The examiner of drivers may waive the reactivation fee otherwise required by section 286-107.5.

In addition to a fee established pursuant to subsection (d), a fee of $1 shall be collected from any person who obtains or renews a driver's license by the director of finance of each county. The fee assessed and collected under this subsection shall be deposited on a quarterly basis into the organ and tissue support and education special fund established under section 327-24.

(i) The state director of transportation shall adopt rules and regulations pursuant to chapter 91, necessary for the purposes of this section, including rules and regulations governing the effect to be given to convictions for violations of traffic laws of a foreign jurisdiction, upon license renewal procedures."

SECTION 2. Section 286-109.7, Hawaii Revised Statutes, is amended to read as follows:

"§286-109.7 Organ and tissue support and education fee. Notwithstanding any other law to the contrary, beginning July 1, [~~2000,~~] 2012, a [~~donation~~] fee of $1, in addition to any other fees under this chapter, [~~may~~] shall be collected upon designation by an individual or entity from each certificate of registration by the director of finance of each county to be deposited on a quarterly basis into the organ and tissue support and education special fund pursuant to section 327-24. The counties may retain a portion of the $1 donation as an administrative fee to cover the cost of collecting, accounting for, and depositing the balance into the organ and tissue support and education special fund. The retention shall not exceed $0.20 for each $1 collected."

SECTION 3. Section 327-24, Hawaii Revised Statutes, is amended to read as follows:

"[[]§327-24[]] Hawaii organ and tissue support and education special fund. There is established in the state treasury the Hawaii organ and tissue support and education special fund. Moneys collected under section 286-109.7 shall be deposited on a quarterly basis into the fund. The fund shall be administered and distributed by the department of health and shall be used [~~exclusively~~] for public education programs and activities on organ, tissue, and eye donation. Additionally, the fund may be used to support the establishment of an organ transplant center in Hawaii; provided that the center is established and operated as an organization that is exempt from taxation pursuant to section 501(c) of the Internal Revenue Code, 26 U.S.C. section 501(c), as amended."

SECTION 4. On July 1, 2012, the director of finance shall transfer $500,000 from the emergency medical services special fund to the Hawaii organ and tissue support and education special fund.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2012; provided that this Act shall be repealed on December 31, 2015, and sections 286-107, 286-109.7, and 327-24, Hawaii Revised Statutes, shall be reenacted in the form in which they read on June 30, 2012.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2373
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII