HOUSE OF REPRESENTATIVES
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO MOTOR VEHICLE DRIVER LICENSING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 286-104, Hawaii Revised Statutes, is amended to read as follows:
"§286‑104 What persons shall not be
licensed. The examiner of drivers shall not issue any license [
to any person:
To any person whose] Whose license
has been suspended by a court of competent jurisdiction during the suspension
period, nor to any person whose license has been revoked until the expiration
of one year after the date of the revocation, or until the expiration of the
period of revocation specified by law, whichever is greater, except as provided
under sections 286‑102.6(d) and 286-102.6(e) for suspensions and
revocations of a provisional license; nor to any person who, while unlicensed,
has within two years been convicted of operating a vehicle under the influence
of an intoxicant or, prior to January 1, 2002, of driving under the
influence of alcohol or drugs;
To any person who] Who is required
by this part to take an examination, unless the person has successfully passed
To any person who] Who is required
under the motor vehicle financial responsibility laws of this State to deposit
proof of financial responsibility and who has not deposited the proof;
To any person who] Who the
examiner of drivers has good cause to believe would not be able to operate a
motor vehicle with safety upon the highways by reason of physical or mental
To any person who] Who is under
eighteen years of age; provided that[ :] a person:
A person who] Who is
fifteen years and six months of age may be granted an instruction permit;
A person who] Who is at
least sixteen and less than eighteen years of age may be granted a provisional
license upon satisfying the requirements of section 286‑102.6;
A person who] Who is at
least seventeen and less than eighteen years of age may be granted a license
upon satisfying the requirements of section 286‑102.6, which license may
be suspended or revoked by a judge having jurisdiction over the holder of the
license. Upon revocation of the license, the person shall not be eligible to
operate a motor vehicle on the highway until the person is eighteen years of
age and has again satisfied the requirements of sections 286‑108 and 286‑109;
A person who] Who is an
emancipated minor may be granted a license upon satisfaction of all
requirements of this chapter applicable to persons eighteen years of age or
older; [ or]
To any person who] Who is not in
compliance with section 286‑102.5[ .]; or
(7) Who does not submit proof, satisfactory to the director, that the applicant's presence in the United States is authorized by federal law. The director shall adopt rules in accordance with chapter 91 that provide for standards of proof and for exemptions from this requirement.
Any person denied a license under this or any other section of this part shall have a right of appeal as provided in section 286‑129."
SECTION 2. Section 286-106, Hawaii Revised Statutes, is amended to read as follows:
"§286‑106 Expiration of
licenses. Every driver's license issued under this part, except for a
provisional license issued under section 286‑102.6 which shall expire on
the date of the provisional licensee's nineteenth birthday, whether an original
issuance or a renewal, shall expire on the first birthday of the licensee
occurring not less than eight years after the date of the issuance of the
license, unless sooner revoked or suspended; provided that [
(1) The license shall expire on the
first birthday of the licensee occurring not less than four years after the
date of the issuance if, at the time, the licensee is twenty-four
years of age or younger; [
provided further that the]
(2) The license shall expire on the
first birthday of the licensee occurring not less than two years after the date
of the issuance of the license if, at that time, the licensee is
seventy-two years of age or older[
(3) If the licensee is a legal immigrant, the license shall expire no later than the licensee's authorized period of stay in the United States.
The examiner of drivers may issue a license for a shorter period if the licensee has a physical condition or conditions that the examiner of drivers reasonably believes may impair the driver's ability to drive."
SECTION 3. Section 286-110, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) If the examiner of drivers is
satisfied that the applicant is qualified to receive an instruction permit, the
examiner of drivers shall issue the permit entitling the applicant, while
having the permit in the applicant's immediate possession, to drive a motor
vehicle upon the highways for a period of one year; provided that [
(1) An applicant who is registered in a
driver training course shall be issued a temporary instruction permit for the
duration of the course and the termination date of the course shall be entered
on the permit[
(2) If the applicant is a legal immigrant, the permit shall expire no later than the applicant's authorized period of stay in the United States.
A person who is not licensed to operate the category of motor vehicles to which the driving training course applies shall not operate a motor vehicle in connection with the driving training course without a valid temporary instruction permit."
SECTION 4. Section 286-111, Hawaii Revised Statutes, is amended to read as follows:
"§286-111 Application for license, provisional license, or instruction permit; fees. (a) Every application for an instruction permit, provisional license, or driver's license shall be made upon a form furnished by the examiner of drivers and shall be verified by the applicant before a person authorized to administer oaths. The examiner of drivers and officers serving under the examiner may administer the oaths without charge. Each application for an instruction permit for a category (1), (2), (3), or (4) license shall be accompanied by a fee to be determined by the council of each county and each application for a provisional license or driver's license shall be accompanied by the fee, unless the applicant has already paid the fee upon application for an instruction permit in the same county, in which event no fee shall be charged. An additional fee to be determined by the council of each county shall be charged and collected upon the issuance of a provisional license or driver's license. All of the foregoing fees shall become county realizations.
(b) The director shall establish by rule a standard fee for all driver license applicants who require verification through the federal system that their presence in the United States is authorized by federal law. The fees collected shall become state realizations and be deposited into the state highway fund. The state shall reimburse the counties all costs of verification through the federal system. The amount of reimbursement shall be determined by the director of transportation.
(b)] (c) The director of
transportation shall establish a fee schedule for all commercial driver's
licensing examinations. The fees collected for a commercial driver's license
shall become state realizations and deposited in the state highway fund. The
State shall reimburse the counties all costs for administering the commercial
driver's licensing program. The amount of reimbursement shall be determined by
the director of transportation.
(c)] (d) Every application
shall state the full name, date of birth, sex, occupation, social security
number if the applicant is eligible for a social security number, the residence
address and business address, if any, of the applicant, and shall briefly
describe the applicant, and shall state whether the applicant has theretofore
been licensed as a driver, and, if so, when and in what state or country, and
whether any such license has ever been suspended or revoked, or whether an
application has ever been refused, and if so, the date of and reason for the
suspension, revocation, or refusal.
(d)] (e) If the applicant is
not eligible to receive a social security number, the applicant shall submit,
in lieu of providing proof of social security number pursuant to subsection [ (c):]
(1) A United States Social Security Administration letter stating that the applicant is ineligible to obtain a social security number; and
(A) A government-issued photo identification document; or
(B) Other identification documents as deemed acceptable by the director."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval; provided that the amendments made to section 286‑106, Hawaii Revised Statutes, under section 2 of this Act, shall not be repealed when that section is reenacted on January 9, 2011, pursuant to Act 72, Session Laws of Hawaii 2005.
Motor Vehicle Driver Licensing
Requires applicants for driver licenses and instruction permits to submit proof that the applicant is legally in the United States (U.S.). Requires driver licenses or instruction permits of legal nonimmigrants to expire no later than the date of the legal immigrant's authorized period of stay in the U.S. Requires the Director of Transportation to adopt rules and establish a verification fee. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.