Report Title:

Administrative Revocation; DUII; Driver License

 

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

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1520

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to administrative revocation.

 

 

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

 


     SECTION 1.  Section 291E-45, Hawaii Revised Statutes, is amended to read as follows:

     "§291E-45  Eligibility for relicensing and reregistration of motor vehicle.  (a)  To be eligible for relicensing or renewing the privilege to operate a vessel after a period of administrative revocation has expired, the person shall:

     (1)  Submit proof to the director of compliance with all conditions imposed by the director;

     (2)  Obtain a certified statement from the director indicating eligibility for relicensing and for renewing the privilege to operate a vessel;

     (3)  Present the certified statement to the appropriate licensing official or to the department of land and natural resources, as applicable; and

     (4)  Successfully complete each requirement, including payment of all applicable fees, for:

         (A)  Obtaining a new license in this [State,] state, pursuant to chapter 286; or

         (B)  Renewing the privilege to operate a vessel, as may be provided in chapter 200 or rules adopted by the department of land and natural resources pursuant to section 200‑24.

     (b)  To be eligible for reregistration of a motor vehicle, if applicable, after a period of administrative revocation has expired, the person shall:

     (1)  Submit proof to the director of compliance with all conditions imposed by the director;

     (2)  Obtain a certified statement from the director indicating eligibility for registration of a motor vehicle;

     (3)  Present the certified statement to the appropriate county director of finance; and

     (4)  Successfully complete each requirement, as provided in chapter 286, for obtaining a new certificate of registration for a motor vehicle in this [State,] state, including payment of all applicable fees.

     (c)  Notwithstanding any other law to the contrary, a respondent whose license has been administratively revoked for life pursuant to section 291E‑41(b)(5) shall be eligible for relicensing upon submitting proof to the director that the respondent has:

     (1)  Been without a driver's license for a period of at least ten years after the lifetime revocation was imposed;

     (2)  Completed all the requirements of any criminal conviction associated with the lifetime administrative revocation;

     (3)  Complied with all the requirements of the lifetime administrative revocation;

     (4)  Submitted written proof that the respondent 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; and

     (5)  Installed an ignition interlock device in the respondent's vehicle.

     (d)  Upon meeting the requirements of subsection (c), the director shall provide a certified statement indicating that the respondent is eligible for relicensing; provided that the license issued shall only be valid for the operation of a motor vehicle that has an installed ignition interlock device.

     (e)  A respondent who has become eligible for conditional relicensing under subsection (d) shall present the certified statement to the appropriate licensing official or to the department of land and natural resources, as applicable.  The respondent shall also successfully complete each requirement, including payment of all applicable fees, for:

     (1)  Obtaining a new license in this state, pursuant to chapter 286; or

     (2)  Renewing the privilege to operate a vessel, as may be provided in chapter 200, or rules adopted by the department of land and natural resources pursuant to section 200‑24.

     (f)  After a period of five years of operating a motor vehicle with an installed ignition interlock device as provided for in subsection (d), the respondent shall be eligible to an unrestricted driver's license upon submitting proof in the form of a traffic record from the violations bureau of the district court or circuit court, as applicable, to the director that the respondent has not had any alcohol-related convictions.  Upon verification of the proof submitted by the respondent, the director shall issue a certified statement indicating that the respondent is eligible for relicensing without condition.

     (g)  A respondent who has become eligible for relicensing without condition under subsection (f) shall present the certified statement to the appropriate licensing official or to the department of land and natural resources, as applicable.  The respondent shall also successfully complete each requirement, including payment of all applicable fees, for:

     (1)  Obtaining a new license in this state, pursuant to chapter 286; or

     (2)  Renewing the privilege to operate a vessel, as may be provided in chapter 200, or rules adopted by the department of land and natural resources pursuant to section 200‑24."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2010; provided that in the event the effective date of sections 2, 4, and 6 in Section 20 of Act 171, Session Laws of Hawaii 2008, is amended, then the effective date of this Act shall be accordingly amended to correspond to the amended effective date of sections 2, 4, and 6 in section 20 of Act 171, Session Laws of Hawaii 2008.

 

INTRODUCED BY:

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