Admin. Lic. Revoc.

Makes housekeeping amendments to the administrative revocation of
driver's license law.

HOUSE OF REPRESENTATIVES                H.B. NO.15         
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The purpose of this Act is to make two technical
 2 or clarifying amendments to the law governing the administrative
 3 revocation of a driver's license.
 4      The first amendment clarifies that, while the judicial
 5 review decision cannot remand the case for further administrative
 6 proceedings that require the administrative agency to hold
 7 another evidentiary hearing, the judicial review decision can
 8 remand the case for the entry of an order consistent with the
 9 judicial review decision.  For example, if the judicial review of
10 the administrative hearing determines that the wrong period of
11 license revocation was imposed, the court could remand the case
12 for the entry of a decision that imposed the correct period of
13 revocation.  This correction would not prolong the license
14 revocation process.  On the other hand, if the judicial review
15 decision determined that the administrative decision contained a
16 finding of fact that was not supported by the evidence in the
17 record, the court could not remand the case for a further
18 administrative hearing to supplement the record in support of the
19 finding.

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                                     H.B. NO.15         

 1      The second amendment changes the period of license
 2 revocation for a first offender from three months to ninety days.
 3 Three months can be more or less than ninety days, depending on
 4 which three months are used.  Furthermore, the change to ninety
 5 days with respect to the period of revocation is consistent with
 6 the revocation under section 291-4(b)(1)(B), Hawaii Revised
 7 Statutes, the revocation period for a first offender under the
 8 parallel criminal statute for driving under the influence of
 9 intoxicating liquor.
10      SECTION 2.  Section 286-260, Hawaii Revised Statutes, is
11 amended by amending subsection (d) to read as follows:
12      "(d)  The court shall not remand the matter back to the
13 director for further proceedings consistent with its order[.] but
14 may remand for entry of an order consistent with the judicial
15 review decision."
16      SECTION 3.  Section 286-261, Hawaii Revised Statutes, is
17 amended by amending subsection (b) to read as follows:
18      "(b)  The periods of administrative revocation that may be
19 imposed under this part are as follows:
20      (1)  [Three months,] Ninety days, if the arrestee's driving
21           record shows no prior alcohol enforcement contacts
22           during the five years preceding the date of arrest;
23      (2)  One year if the arrestee's driving record shows one

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                                     H.B. NO.15         

 1           prior alcohol enforcement contact during the five years
 2           preceding the date of arrest;
 3      (3)  Two years if the arrestee's driving record shows two
 4           prior alcohol enforcement contacts during the seven
 5           years preceding the date of arrest;
 6      (4)  For life if the arrestee's driving record shows three
 7           or more prior alcohol enforcement contacts during the
 8           ten years preceding the date of arrest; or
 9      (5)  For arrestees under the age of eighteen years, the
10           period remaining until the arrestee's eighteenth
11           birthday, or for the appropriate revocation period
12           provided in paragraphs (1) to (4) or in subsection (c),
13           whichever is longer."
14      SECTION 4.  Statutory material to be repealed is bracketed.
15 New statutory material is underscored.
16      SECTION 5.  This Act shall take effect upon its approval.
18                           INTRODUCED BY:_________________________