STAND. COM. REP. NO.  455

 

Honolulu, Hawaii

                , 2009

 

RE:   H.B. No. 1520

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Sir:

 

     Your Committee on Transportation, to which was referred H.B. No. 1520 entitled:

 

"A BILL FOR AN ACT RELATING TO ADMINISTRATIVE REVOCATION,"

 

begs leave to report as follows:

 

     The purpose of this bill is to enable a driver who had a license administratively revoked for life due to multiple driving under the influence convictions, a chance to have the license restored under specific circumstances.  Among other things, this bill:

 

(1)  Permits a driver to seek reinstatement of a license no sooner than ten years since the lifetime revocation was imposed;

 

(2)  Requires that an application for reinstatement of a license be accompanied by written proof that the individual 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;

 

(3)  Requires the installation of an ignition interlock device in the individual's vehicle;

 

(4)  Requires a driver to have had operated a motor vehicle with an ignition interlock device for a period of five years with no alcohol-related convictions before becoming eligible for an unrestricted driver's license; and

 

(5)  Establishes procedures for the relicensing of individuals seeking to have their driver's license reinstated.

 

     An individual testified in support of this bill.  The Office of the Public Defender and a concerned individual supported this bill with amendments.  The Department of Transportation, Hawaii Ignition Interlock Implementation Task Force, Department of the Prosecuting Attorney of the City and County of Honolulu, and Mothers Against Drunk Driving HAWAII testified in opposition to this bill.  The Judiciary submitted comments.

 

     Driving under the influence of an intoxicant (DUII) has been a problem in Hawaii, as well as the rest of the nation, for a long time but has received a great deal of attention over the last few decades because of the needless injuries and deaths that have occurred as a result of this action.  While laws have been passed to try to halt this behavior, it continues to be a problem on our roadways.  This is evidenced by the fact that in Hawaii in 2005, 71 traffic deaths were alcohol related.

 

     One law that attempts to curb this behavior requires that drivers who have been convicted of DUII four or more times in a ten-year period have their driver's license revoked for life.  While DUII is not an acceptable behavior, your Committee notes that some individuals who have had their driver's license administratively revoked for life have been sober for over 15 years and have appeared to change their lives over that time period.  Your Committee also finds that every individual can be reformed and deserves a second chance.

 

     As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1520 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

 

 

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

 

 

 

 

____________________________

JOSEPH M. SOUKI, Chair