Report Title:

Impaired Driving; Ignition Interlock

 

Description:

Makes amendments to Act 171, Session Laws of Hawaii 2008, reflecting recommendations of Ignition Interlock Implementation Task Force.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

981

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to highway safety.

 

 

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

 


SECTION 1. The legislature finds that Act 171, Session Laws of Hawaii 2008, was adopted to implement the use of an ignition interlock device to prevent drivers previously arrested for driving under the influence of intoxicants from starting or operating a motor vehicle with more than a minimal alcohol concentration while their case is pending or while their license is revoked. Rather than taking a punitive approach that prohibits driving, Act 171 takes a pragmatic approach that requires installation of an ignition interlock device shortly after arrest so that the person can drive, but is prevented from drinking and driving, during the pendency of the case and the revocation period thereafter.

Recognizing the need to resolve a number of outstanding issues in the transition to use of ignition interlock devices, the legislature delayed the effective date of Act 171 to July 1, 2010. The legislature also established a task force to study the issues identified in Act 171 during the interim and make recommendations for additional legislation necessary to implement use of the ignition interlock devices. The task force consists of two members each from the senate and the house of representatives; one member representing each of the state departments of transportation, health, and the attorney general; one member representing the office of public defender; one member representing the police departments in each of the four counties; one member representing the department of the prosecuting attorney in each of the four counties; one member representing the examiner of drivers in each of the four counties; two members representing Mothers Against Drunk Driving; and one member of the Hawaii association of criminal defense lawyers.

The task force addressed each of the issues identified in Act 171 and made recommendations on a number of them, while deferring the remainder until the 2010 session. The task force continued to stress a pragmatic approach, as opposed to a punitive one, with key positions including:

(1) Installation of the ignition interlock device should be required for all offenders, not just repeat offenders, consistent with the national trend and similar laws that took effect on January 1, 2009, in Alaska, Nebraska, and Washington;

(2) Unlike current law, which sanctions first offenders more severely if their alcohol level meets or exceeds .15, all first offenders should be treated the same way, regardless of their alcohol level, and no first offender should be required to post proof of financial responsibility;

(3) Installation of the ignition interlock device should occur as soon after arrest as possible so that the offender learns that driving without the device is not permissible;

(4) Stricter laws and increased enforcement are needed to deter those who would try to avoid installing the ignition interlock device and drive on a suspended or revoked license and for those who assert that they have no vehicle or will not drive at all;

(5) The offender should pay for the cost of installing and servicing the ignition interlock device, with the establishment of a fund to pay for those who are determined to be indigent according to specified criteria;

(6) Use of the ignition interlock device should be overseen principally by the administrative driver's license revocation program, with support from judicial proceedings;

(7) The alcohol level at which a driver is "locked out" -- prevented from starting the vehicle or performing a rolling retest -- should be .02 and no penalties should be imposed when a driver is "locked out" or fails to take a retest because the inability to start or keep operating the vehicle will act as the consequence for attempting to drive after drinking;

(8) Offenders who circumvent or tamper with the ignition interlock device should be charged with another crime;

(9) Offenders who refuse to be tested for alcohol content should be required to use the ignition interlock device for longer periods than those who take the test, and other strategies that make submitting to the test more appealing than refusal should be developed;

(10) The department of transportation should select a single provider for installation and maintenance of the ignition interlock device to ensure statewide uniformity in the program; and

(11) Clear expectations and performance standards should be established for the chosen ignition interlock device vendor.

The purpose of this Act is to enact recommendations made by the ignition interlock implementation task force pursuant to Act 171, Session Laws of Hawaii 2008.

SECTION 2. Chapter 291E, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

"291E- Refusal to submit to a breath, blood, or urine test; penalty. Refusal to submit to a breath, blood, or urine test as required by part II is a petty misdemeanor."

SECTION 3. Section 291E-5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) For purposes of this section, "indigent person" means:

(1) Any individual whose income is not greater than [one hundred twenty-five]        per cent of the official poverty line established by the Secretary of Health and Human Services under the Community Services Block Grant Act, 42 United States Code section 9902; or

(2) Any individual who is eligible for free services under the Older Americans Act or Developmentally Disabled Act."

SECTION 4. Section 291E-6, Hawaii Revised Statutes, is amended by amending subsections (a) to (d) to read as follows:

"(a) The director of transportation shall establish and administer a statewide program relating to certification and monitoring of ignition interlock devices installed pursuant to chapter 291E or 804 and [the vendors who] shall select a single vendor to install and maintain them.

(b) The program shall include standards and procedures for the certification of ignition interlock devices installed pursuant to chapter 291E or 804. At a minimum, the standards shall require that the devices:

(1) Be certified by a nationally recognized certification organization to meet or exceed all standards and specifications provided as guidelines by the National Highway Traffic Safety Administration. "Nationally recognized certification organization" means a testing laboratory or analytical chemist not affiliated with a manufacturer of ignition interlock devices that is qualified to test ignition interlock devices or reference samples and is approved by the United States Department of Transportation. The nationally recognized certification organization must be able to administer performance tests of an ignition interlock device or a sample provided by the vendor;

(2) Operate using an alcohol-specific sensor technology;

(3) Employ a digital camera by which a photograph of the person using the device can be incorporated into the electronic record generated by each use of the device;

(4) Require a rolling retest by which the driver must, within a specified period of time or distance driven after starting the vehicle, be retested and found to have an alcohol concentration of less than .02, with a margin of error of .01; [and]

(5) Permit an emergency override of the system only when necessary to promote highway safety; and

[(5)] (6) Generate a record of vehicle usage, including dates, times, and distances driven.

(c) The program shall include standards and procedures for the certification [for vendors who] of the vendor selected to install and maintain ignition interlock devices pursuant to chapter 291E or 804. At a minimum, the standards shall require that [vendors:] the vendor:

(1) Install only an ignition interlock device that is certified pursuant to this section;

(2) Offer or contract for ignition interlock device installation and maintenance statewide;

(3) Train drivers who are required to install an ignition interlock device, pursuant to chapter 291E or 804, in how to use the device;

(4) Schedule the driver for all necessary readings and maintenance of the device; and

(5) Provide periodic reports regarding the use of each ignition interlock device installed pursuant to chapter 291E or 804, including incidents of test failure, attempts to circumvent the device, and dates, times, and distances the vehicle was driven.

(d) [Each vendor who sells or installs an] The vendor selected for installation and maintenance of ignition interlock [device] devices pursuant to chapter 291E or 804 shall be certified annually by the director of transportation pursuant to this section and the rules adopted thereunder. The vendor shall pay a certification fee to the director of transportation who shall deposit the fee into the ignition interlock special fund established pursuant to section 291E-5."

SECTION 5. Section 291E-15, Hawaii Revised Statutes, is amended to read as follows:

"291E-15 Refusal to submit to a breath, blood, or urine test; subject to administrative revocation proceedings. If a person under arrest refuses to submit to a breath, blood, or urine test, none shall be given, except as provided in section 291E-21. Upon the law enforcement officer's determination that the person under arrest has refused to submit to a breath, blood, or urine test, if applicable, then a law enforcement officer shall:

(1) Inform the person under arrest of the sanctions under section 291E-41 or 291E-65; and

(2) Ask the person if the person still refuses to submit to a breath, blood, or urine test, thereby subjecting the person to the procedures and sanctions under part III or section 291E-65, as applicable;

provided that if the law enforcement officer fails to comply with paragraphs (1) and (2), the person shall not be subject to the refusal sanctions under part III or [section 291E-65.] or IV."

SECTION 6. Section 291E-41, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) Except as provided in paragraph [(6)] (5) and in section [291E-44,] 291E-44.5, the respondent shall keep an ignition interlock device installed and operating on any vehicle the respondent operates during the revocation period. Except as provided in section 291E-5, installation and maintenance of the ignition interlock device shall be at the respondent's own expense. The periods of administrative revocation with respect to a license and privilege to operate a vehicle that shall be imposed under this part are as follows:

(1) A [minimum of three months up to a maximum of] one year revocation of license and privilege to operate a vehicle, if the respondent's record shows no prior alcohol enforcement contact or drug enforcement contact during the [five] ten years preceding the date the notice of administrative revocation was issued;

[(2) For a respondent who is a highly intoxicated driver, if the respondent's record shows no prior alcohol enforcement contact or drug enforcement contact during the five years preceding the date the notice of administrative revocation was issued, a minimum of six months up to a maximum of one year revocation of license and privilege to operate a vehicle;

(3) A minimum of one year up to a maximum of two years] (2) An eighteen month revocation of license and privilege to operate a vehicle, if the respondent's record shows one prior alcohol enforcement contact or drug enforcement contact during the [five] ten years preceding the date the notice of administrative revocation was issued;

[(4)] (3) A [minimum of two years up to a maximum of four years] two-year revocation of license and privilege to operate a vehicle, if the respondent's record shows two prior alcohol enforcement contacts or drug enforcement contacts during the [five] ten years preceding the date the notice of administrative revocation was issued;

[(5)] (4) A minimum of five years up to a maximum of ten years revocation of license and privilege to operate a vehicle, if the respondent's record shows three or more prior alcohol enforcement contacts or drug enforcement contacts during the [five] ten years preceding the date the notice of administrative revocation was issued; or

[(6)] (5) For respondents under the age of eighteen years who were arrested for a violation of section 291E-61 or 291E-61.5, revocation of license and privilege to operate a vehicle for the appropriate revocation period provided in paragraphs (1) to [(5)] (4) or in subsection (c); provided that the respondent shall be prohibited from driving during the period preceding the respondent's eighteenth birthday and shall thereafter be subject to the ignition interlock requirement of this subsection for the balance of the revocation period;

(6) For respondents who do not install an ignition interlock device in the respondent's vehicle during the revocation period, revocation of license and privilege to operate a vehicle for the maximum period of revocation provided in paragraphs (1) to (5) or in subsection (c); provided that:

(A) The respondent shall be absolutely prohibited from driving during the revocation period and subject to the penalties provided by section 291E-62; and

(B) The director shall not issue an ignition interlock permit to the respondent pursuant to section 291E-44.5;

provided that when more than one administrative revocation, suspension, or conviction arises out of the same arrest, it shall be counted as only one prior alcohol enforcement contact or drug enforcement contact, whichever revocation, suspension, or conviction occurs later.

(c) If a respondent has refused to be tested after being informed:

(1) That the person may refuse to submit to testing in compliance with section 291E-11; and

(2) Of the sanctions of this part and then asked if the person still refuses to submit to a breath, blood, or urine test, in compliance with the requirements of section 291E-15,

the revocation imposed under subsection (b)(1), (2), (3), or (4)[, and (5)] shall be for a period of [one year,] two years, three years, four years, and ten years, respectively."

SECTION 7. Section 291E-61, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) A person committing the offense of operating a vehicle under the influence of an intoxicant shall be guilty of a petty misdemeanor and shall be sentenced as follows:

(1) [Except as provided in paragraphs (2) and (5), for] For the first offense, or any offense not preceded within a [five-year] ten-year period by a conviction for an offense under this section or section 291E‑4(a)[, and notwithstanding section 706-623, by probation for not less than one year nor more than two years on the following conditions]:

(A) A fourteen-hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable program deemed appropriate by the court;

(B) [(i) Ninety-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the ninety-day prompt suspension of license, a minimum thirty-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the ninety-day period, a restriction on the license that allows the person to drive for limited work-related purposes and to participate in substance abuse treatment programs; or

(ii)] One-year revocation of license and privilege to operate a vehicle during the revocation period and installation during the revocation period of an ignition interlock device on any vehicle operated by the person;

(C) Any one or more of the following:

(i) Seventy-two hours of community service work;

(ii) Not less than forty-eight hours and not more than [five] thirty days of imprisonment; or

(iii) A fine of not less than $150 but not more than $1,000;

(D) A surcharge of $25 to be deposited into the neurotrauma special fund; and

(E) May be charged a surcharge of up to $25 to be deposited into the trauma system special fund if the court so orders;

[(2) For a first offense committed by a highly intoxicated driver, or for any offense committed by a highly intoxicated driver not preceded within a five-year period by a conviction for an offense under this section or section 291E-4(a), and notwithstanding section 706-623, by probation for not less than two years nor more than four years on the following conditions:

(A) A fourteen-hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable program deemed appropriate by the court;

(B) A two-year revocation of license and privilege to operate a vehicle during the revocation period and installation during the revocation period of an ignition interlock device on any vehicle operated by the person;

(C) Any one or more of the following:

(i) Seventy-two hours of community service work;

(ii) Not less than forty-eight hours and not more than five days of imprisonment; or

(iii) A fine of not less than $150 but not more than $1,000;

(D) A surcharge of $25 to be deposited into the neurotrauma special fund; and

(E) May be charged a surcharge of up to $50 to be deposited into the trauma system special fund if the court so orders;

(3)] (2) For an offense that occurs within [five] ten years of a prior conviction for an offense under this section or section 291E-4(a), and notwithstanding section 706-623, by probation for not less than [two years] eighteen months nor more than [four] two years on the following conditions:

(A) [A two-year revocation] Revocation of license and privilege to operate a vehicle during the [revocation] probation period and installation during the [revocation] probation period of an ignition interlock device on any vehicle operated by the person;

(B) Either one of the following:

(i) Not less than two hundred forty hours of community service work; or

(ii) Not less than five days but not more than [fourteen] thirty days of imprisonment of which at least forty-eight hours shall be served consecutively;

(C) A fine of not less than $500 but not more than $1,500;

(D) A surcharge of $25 to be deposited into the neurotrauma special fund; and

(E) May be charged a surcharge of up to $50 to be deposited into the trauma system special fund if the court so orders;

[(4)] (3) For an offense that occurs within [five] ten years of two prior convictions for offenses under this section or section 291E-4(a), and notwithstanding section 706-623, by probation for [not less than three years nor more than five] two years on the following conditions:

(A) A fine of not less than $500 but not more than $2,500;

(B) [Three-year revocation] Revocation of license and privilege to operate a vehicle during the [revocation] probation period and installation during the [revocation] probation period of an ignition interlock device on any vehicle operated by the person;

(C) Not less than ten days but not more than thirty days imprisonment of which at least forty-eight hours shall be served consecutively;

(D) A surcharge of $25 to be deposited into the neurotrauma special fund; and

(E) May be charged a surcharge of up to $50 to be deposited into the trauma system special fund if the court so orders; and

[(5)] (4) In addition to a sentence imposed under paragraphs (1) through [(4),] (3), any person eighteen years of age or older who is convicted under this section and who operated a vehicle with a passenger, in or on the vehicle, who was younger than fifteen years of age, shall be sentenced to an additional mandatory fine of $500 and an additional mandatory term of imprisonment of forty-eight hours; provided that the total term of imprisonment for a person convicted under this paragraph shall not exceed [the maximum term of imprisonment provided in paragraph (1), (3), or (4).] thirty days. Notwithstanding paragraph [(1),] (2), the probation period for a person sentenced under this paragraph shall be not less than two years.

(6) If the person demonstrates to the court that the person does not own or have the use of a vehicle in which the person can install an ignition interlock device during the probation period or who demonstrates to the court that the person is otherwise unable to drive during the probation period, the person shall be absolutely prohibited from driving during the maximum period of probation provided in paragraphs (1) to (5); provided that the court shall not issue an ignition interlock permit pursuant to subsection (i) and the person shall be subject to the penalties provided by section 291E-62.

(c) Notwithstanding any other law to the contrary, the court shall not issue an ignition interlock permit to:

(1) A defendant whose license is expired, suspended, or revoked as a result of action other than the instant offense; or

(2) A defendant who holds either a category 4 license under section 286-102(b) or a commercial driver's license under section 286-239(b)[.], unless the ignition interlock permit is restricted to a category 1, 2, or 3 license under section 286-102(b)."

SECTION 8. Section 291E-62, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Any person convicted of violating this section shall be sentenced as follows[:] without possibility of probation or suspension of sentence:

(1) For a first offense, or any offense not preceded within a five-year period by conviction for an offense under this section or under section 291-4.5 as that section was in effect on December 31, 2001:

(A) A term of imprisonment of not less than three consecutive days but not more than thirty days;

(B) A fine of not less than $250 but not more than $1,000; and

(C) Revocation of license and privilege to operate a vehicle for an additional year;

(2) For an offense that occurs within five years of a prior conviction for an offense under this section or under section 291-4.5 as that section was in effect on December 31, 2001:

(A) Thirty days imprisonment;

(B) A $1,000 fine; and

(C) Revocation of license and privilege to operate a vehicle for an additional two years; and

(3) For an offense that occurs within five years of two or more prior convictions for offenses under this section or under section 291-4.5 as that section was in effect on December 31, 2001:

(A) One year imprisonment;

(B) A $2,000 fine; and

(C) Permanent revocation of the person's license and privilege to operate a vehicle.

The period of revocation shall commence upon the release of the person from the period of imprisonment imposed pursuant to this section."

SECTION 9. Section 291E-65, Hawaii Revised Statutes, is amended to read as follows:

"291E-65 Refusal to submit to testing for measurable amount of alcohol; district court hearing; sanctions; appeals; admissibility. (a) If a person under arrest for operating a vehicle after consuming a measurable amount of alcohol, pursuant to section 291E‑64, refuses to submit to a breath or blood test, none shall be given, except as provided in section 291E‑21, but the arresting law enforcement officer, as soon as practicable, shall submit an affidavit to a district judge of the circuit in which the arrest was made, stating:

(1) That at the time of the arrest, the arresting officer had probable cause to believe the arrested person was under the age of twenty-one and had been operating a vehicle upon a public way, street, road, or highway or on or in the waters of the State with a measurable amount of alcohol;

(2) That the arrested person was informed that the person may refuse to submit to a breath or blood test, in compliance with section 291E-11;

(3) That the person had refused to submit to a breath or blood test;

(4) That the arrested person was:

(A) Informed of the sanctions of this section; and then

(B) Asked if the person still refuses to submit to a breath or blood test, in compliance with the requirements of section 291E-15; and

(5) That the arrested person continued to refuse to submit to a breath or blood test.

(b) Upon receipt of the affidavit, the district judge shall hold a hearing within twenty days. The district judge shall hear and determine:

(1) Whether the arresting law enforcement officer had probable cause to believe that the person was under the age of twenty-one and had been operating a vehicle upon a public way, street, road, or highway or on or in the waters of the State with a measurable amount of alcohol;

(2) Whether the person was lawfully arrested;

(3) Whether the person was informed that the person may refuse to submit to a breath or blood test, in compliance with section 291E-11;

(4) Whether the person refused to submit to a test of the person's breath or blood;

(5) Whether the person was:

(A) Informed of the sanctions of this section; and then

(B) Asked if the person still refuses to submit to a breath or blood test, in compliance with the requirements of section 291E-15; and

(6) Whether the person continued to refuse to submit to a breath or blood test.

(c) If the district judge finds the statements contained in the affidavit are true, the judge shall suspend the arrested person's license and privilege to operate a vehicle as follows:

(1) For a first suspension, or any suspension not preceded within a five-year period by a suspension under this section, for a period of twelve months; and

(2) For any subsequent suspension under this section, for a period not less than two years and not more than five years.

(d) An order of a district court issued under this section may be appealed to the supreme court.

[(e) If a legally arrested person under the age of twenty-one refuses to submit to a test of the person's breath or blood, proof of refusal shall be admissible only in a hearing under this section or part III and shall not be admissible in any other action or proceeding, whether civil or criminal.]"

SECTION 10. Section 804-7.1, Hawaii Revised Statutes, is amended to read as follows:

"804-7.1 Conditions of release on bail, recognizance, or supervised release. [(a)] Upon a showing that there exists a danger that the defendant will commit a serious crime or will seek to intimidate witnesses, or will otherwise unlawfully interfere with the orderly administration of justice, the judicial officer named in section 804-5 may deny the defendant's release on bail, recognizance, or supervised release.

[(b)] Upon the defendant's release on bail, recognizance, or supervised release, however, the court may enter an order:

(1) Prohibiting the defendant from approaching or communicating with particular persons or classes of persons, except that no such order should be deemed to prohibit any lawful and ethical activity of defendant's counsel;

(2) Prohibiting the defendant from going to certain described geographical areas or premises;

(3) Prohibiting the defendant from possessing any dangerous weapon, engaging in certain described activities, or indulging in intoxicating liquors or certain drugs;

(4) Requiring the defendant to report regularly to and remain under the supervision of an officer of the court;

(5) Requiring the defendant to maintain employment, or, if unemployed, to actively seek employment, or attend an educational or vocational institution;

(6) Requiring the defendant to comply with a specified curfew;

(7) Requiring the defendant to seek and maintain mental health treatment or testing, including treatment for drug or alcohol dependency, or to remain in a specified institution for that purpose;

(8) Requiring the defendant to remain in the jurisdiction of the judicial circuit in which the charges are pending unless approval is obtained from a court of competent jurisdiction to leave the jurisdiction of the court;

(9) Requiring the defendant to satisfy any other condition reasonably necessary to assure the appearance of the person as required and to assure the safety of any other person or community; or

(10) Imposing any combination of conditions listed above.

The judicial officer may revoke a defendant's bail upon proof that the defendant has breached any of the conditions imposed.

[(c) In addition to the conditions in subsection (b) and except as provided in subsection (d), when the defendant is charged with an offense under section 291E-61, except an offense for which the defendant would be sentenced pursuant to section 291E-61(b)(1), the court shall order as a condition of release on bail, recognizance, or supervised release that, within fifteen days, the defendant install an ignition interlock device, as defined in section 291E-1, on any vehicle that the defendant will operate during the defendant's release on bail, recognizance, or supervised release. Upon proof that the defendant has installed an ignition interlock device in the defendant's vehicle, the court shall issue an ignition interlock permit that will allow the defendant to drive a vehicle equipped with an ignition interlock device during the period of the defendant's release on bail, recognizance, or supervised release.

(d) Notwithstanding any other law to the contrary, the court shall not issue an ignition interlock permit to:

(1) A defendant whose license is expired, suspended, or revoked as a result of action other than the instant offense; or

(2) A defendant who holds either a category 4 license under section 286-102(b) or a commercial driver's license under section 286-239(b).

(e) The court may issue a separate permit authorizing a defendant to operate a vehicle owned by the defendant's employer while released [on] bail as provided in section 291E-61.

(f) Except as provided in section 291E-5, installation and maintenance of the ignition interlock device required by subsection (c) shall be at the defendant's own expense.]"

SECTION 11. Act 171, Session Laws of Hawaii 2008, is amended by amending section 20 to read as follows:

"SECTION 20. This Act shall take effect on July 1, 2008; provided that sections 2 through 9 and 11 shall take effect on [July 1, 2010;] January 1, 2011; provided further that sections 15 and 16 shall be repealed on [June 30, 2010.] December 31, 2010; and provided further that sections 287-20(a) and 291E-61(g), Hawaii Revised Statutes, shall be reenacted in the form in which they read on June 30, 2008."

SECTION 12. Section 291E-16, Hawaii Revised Statutes, is repealed.

["[291E-16] Proof of refusal; admissibility. If a legally arrested person refuses to submit to a test of the person's breath, blood, or urine, evidence of refusal shall be admissible only in a proceeding under part III or section 291E-65 and shall not be admissible in any other action or proceeding, whether civil or criminal."]

SECTION 13. Section 291E-44, Hawaii Revised Statutes, is repealed.

["291E-44 Conditional license permits.

(a)(1) During the administrative hearing, the director, at the request of a respondent who is subject to administrative revocation for a period as provided in section 291E‑41(b)(1), may issue a conditional license permit that will allow the respondent, after a minimum period of absolute license revocation of thirty days, to drive for the remainder of the revocation period; provided that one or more of the following conditions are met:

(A) The respondent is gainfully employed in a position that requires driving and will be discharged if the respondent's driving privileges are administratively revoked; or

(B) The respondent has no access to alternative transportation and therefore must drive to work or to a substance abuse treatment facility or counselor for treatment ordered by the director under section 291E-41; or

(2) Notwithstanding any other law to the contrary, the director shall not issue a conditional license permit to:

(A) A respondent whose license, during the conditional license permit period, is expired, suspended, or revoked as a result of action other than the instant revocation for which the respondent is requesting a conditional license permit under this section;

(B) A respondent who has refused breath, blood, or urine tests for purposes of determining alcohol concentration or drug content of the person's breath, blood, or urine, as applicable;

(C) A respondent who is a highly intoxicated driver; and

(D) A respondent who holds either a category 4 license under section 286-102(b) or a commercial driver's license under section 286-239(b) unless the conditional license permit is restricted to a category 1, 2, or 3 license under section 286‑102(b).

(b) A request made pursuant to subsection [(a)(1)(A)] shall be accompanied by:

(1) A sworn statement from the respondent containing facts establishing that the respondent currently is employed in a position that requires driving and that the respondent will be discharged if not allowed to drive; and

(2) A sworn statement from the respondent's employer establishing that the employer will, in fact, discharge the respondent if the respondent is prohibited from driving.

(c) A request made pursuant to subsection [(a)(1)(B)] shall be accompanied by a sworn statement by the respondent attesting to the specific facts upon which the request is based, which statement shall be verified by the director.

(d) A conditional license permit may include restrictions allowing the respondent to drive:

(1) Only during hours of employment for activities solely within the scope of the employment;

(2) Only during daylight hours; or

(3) Only for specified purposes or to specified destinations.

In addition, the director may impose any other appropriate restrictions.

(e) The duration of the conditional license permit shall be determined on the basis of the criteria set forth in subsections (b) and (c).

(f) If the respondent violates the conditions imposed under this section, the conditional license permit shall be rescinded, and administrative revocation shall be immediate for the appropriate period authorized by law."]

SECTION 14. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 15. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 16. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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