THE SENATE

S.B. NO.

1344

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to debt.

 

 

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

 


PART I

     SECTION 1.  The legislature finds that Hawaii law allows for the imposition of restrictions on an individual's ability to obtain or renew a driver's license or motor vehicle registration as a penalty for various unpaid monetary obligations that are civil and not criminal in nature.  The most concerning reason for these punitive restrictions is the failure of an individual to pay the fines and fees assessed in connection with non-parking related traffic tickets within thirty days.  This practice of imposing driver's license or vehicle registration "stoppers" may also occur as a consequence of other unpaid civil obligations, such as child support.

     The legislature further finds that, according to a Washington Post investigation, more than seven million individuals nationwide have had their driver's licenses suspended for unpaid court or administrative debt.  The investigation also found that Hawaii has a high percentage –- nine per cent –- of adults who have had their licenses suspended for unpaid debt.  The American Bar Association recently adopted guidelines on preventing fines and fees that penalize poverty.  These guidelines instruct against driver's license suspensions and the imposition of fines that result in substantial and undue hardship.  At least four states do not allow driver's licenses to be suspended or restricted for unpaid court debt.  The inability to obtain or renew a driver's license prevents people who have not committed a crime from getting to work, picking up their children, keeping medical appointments, and ultimately from escaping debt.

     The purpose of this Act is to prohibit the imposition of restrictions on a person's ability to obtain or renew a driver's license or to register, renew the registration of, or transfer or receive title to a motor vehicle, as a consequence of unpaid monetary obligations.  However, this Act shall not have any effect on driver's license suspensions related to excessive speeding or lack of motor vehicle insurance.

PART II

     SECTION 2.  Section 286-102, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e) [Notwithstanding sections 291E-61.6 and [291E-44.5], in addition to other qualifications and conditions by or pursuant to this part, the right of an individual to hold a motor vehicle operator's license or permit issued by the county is subject to the requirements of section 576D-13.

     Upon receipt of certification from the child support enforcement agency pursuant to section 576D-13 that an obligor or individual who owns or operates a motor vehicle is not in compliance with an order of support as defined in section 576D-1 or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding, the examiner of drivers shall suspend the license and right to operate motor vehicles and confiscate the license of the obligor.  The examiner of drivers shall not reinstate an obligor's or individual's license until the child support enforcement agency, the office of child support hearings, or the family court issues an authorization that states the obligor or individual is in compliance with an order of support or has complied with a subpoena or warrant relating to a paternity or child support hearing.]

     The licensing authority may adopt rules pursuant to chapter 91 to implement and enforce the requirements of this section."

     SECTION 3.  Section 286-109, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Statutes of limitations and other provisions of this chapter notwithstanding, no driver's license or instruction permit shall be issued or renewed under this section, where the examiner of drivers is notified by the district judge, traffic violations bureaus of the district courts, or the judge of the circuit court that the applicant has failed to respond to a traffic citation or summons, or failed to appear in court after an arrest for the violation of any traffic laws of a county, this chapter or chapter 286G, 287, 290, 291, or 291C, or of any motor vehicle insurance laws under article 10C of chapter 431, or of any motorcycle or motor scooter insurance laws under article 10G of chapter 431, and the same remains delinquent and outstanding, or the applicant, has as of the time of the application, failed to comply in full with all orders of the court; provided that this subsection shall not apply to outstanding and delinquent payments pursuant to chapter 291D and chapter 576D; provided further that the district court with whose order an applicant has failed to comply in full, may approve the issuance or renewal of a driver's license or instruction permit other than a commercial driver's license upon conditions imposed by the court for the satisfaction of the outstanding court order and any other conditions as may be imposed by the court, if one or more of the following conditions are met:

     (1)  The applicant is gainfully employed in a position that requires driving and will be discharged if the applicant is unable to drive; or

     (2)  The applicant has no access to alternative transportation and therefore must drive to work;

provided further that if the applicant has failed to comply in full with orders of the district court of more than one circuit, the applicant shall obtain the approval of the district court of each circuit in which the applicant has an outstanding court order before a driver's license or instruction permit may be issued or renewed under this subsection.

     A driver's license or instruction permit issued or renewed under this subsection shall be subject to immediate suspension by the court upon the applicant's failure to remain in full compliance with all conditions imposed by the court for the issuance or renewal of the driver's license or instruction permit.  The examiner of drivers may place an indication of restriction upon a driver's license or instruction permit issued or renewed under this subsection.  Proof of financial responsibility under section 287-20 shall not apply to the issuance or renewal of driver's licenses or instruction permits under this subsection."

     SECTION 4.  Section 286-241.4, Hawaii Revised Statutes, is amended to read as follows:

     "§286-241.4  Authority of examiner of drivers to suspend, revoke, cancel, mark the medical certification status as not-certified, or downgrade commercial driver's license or permit.  (a)  The examiner of drivers may suspend, revoke, cancel, mark the medical certification status as not-certified, or downgrade any commercial driver's license or commercial learner's permit without a hearing when the examiner of drivers has probable cause to believe that the licensee or permittee is disqualified under section 286‑240.

     [(b)  The examiner of drivers shall deny or suspend any commercial driver's license or commercial learner's permit pursuant to the terms of section 576D-13 when the examiner of drivers receives certification from the child support enforcement agency that the licensee or permittee is not in compliance with an order of support as defined in section 576D-1 or has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding.  Both the licensee or permittee and the licensee's or permittee's employer shall be notified of the denial or suspension.

     (c)] (b)  Upon suspension, revocation, or cancellation of the commercial driver's license or commercial learner's permit, the driver's license or learner's permit shall be surrendered to the examiner of drivers by the licensee or permittee.

     [(d)] (c)  Unless otherwise provided by law, the licensing authority shall reinstate, renew, or approve the license only upon receipt of an authorization from the child support enforcement agency, the office of child support hearings, or the family court."

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

     "(d)  The notice of traffic infraction shall include the following:

     (1)  A statement of the specific traffic infraction for which the notice was issued;

     (2)  Except in the case of parking-related traffic infractions, a brief statement of the facts;

     (3)  A statement of the total amount to be paid for each traffic infraction, which amount shall include any fee, surcharge, or cost required by statute, ordinance, or rule, and any monetary assessment, established for the particular traffic infraction pursuant to section 291D-9, to be paid by the driver or registered owner of the vehicle, which shall be uniform throughout the State;

     (4)  A statement of the options provided in section 291D-6(b) for answering the notice and the procedures necessary to exercise the options;

     (5)  A statement that the person to whom the notice is issued must answer, choosing one of the options specified in section 291D-6(b), within twenty-one days of issuance of the notice;

     (6)  A statement that failure to answer the notice of traffic infraction within twenty-one days of issuance shall result in the entry of judgment by default for the State and may result in the assessment of a late penalty[, and, that if the person to whom the notice was issued fails to pay the total amount specified in the default judgment within an additional thirty days or to otherwise take action to set aside the default, notice shall be sent to the director of finance of the appropriate county:

          (A)  That the person to whom the notice of infraction not involving parking was issued shall not be permitted to renew or obtain a driver's license; or

          (B)  Where the notice was issued to a motor vehicle, that the registered owner shall not be permitted to register, renew the registration of, or transfer title to the motor vehicle until the traffic infraction is finally disposed of pursuant to this chapter, except as provided in section 291D-10(b)];

     (7)  A statement that, at a hearing requested to contest the notice of traffic infraction conducted pursuant to section 291D-8, no officer shall be present unless the driver timely requests the court to have the officer present, and that the standard of proof to be applied by the court is whether a preponderance of the evidence proves that the specified traffic infraction was committed;

     (8)  A statement that, at a hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction or in consideration of a written request for mitigation, the person shall be considered to have committed the traffic infraction;

     (9)  A space in which the signature of the person to whom the notice was issued may be affixed; and

    (10)  The date, time, and place at which the person to whom the notice was issued must appear in court, if the person is required by the notice to appear in person at the hearing."

     SECTION 6.  Section 291D-7, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsections (a), (b), and (c) to read:

     "(a)  When an admitting answer is received, the court shall enter judgment in favor of the State in the total amount specified in the notice of traffic infraction.  [If the total amount is not submitted with the answer, the court may take action as provided in section 291D-10.]

     (b)  When a denying answer is received, the court shall proceed as follows:

     (1)  In the case of a traffic infraction where the person requests a hearing at which the person will appear in person to contest the infraction, the court shall notify the person in writing of the date, time, and place of hearing to contest the notice of traffic infraction.  The notice of hearing shall be mailed to the address stated in the denying answer, or if none is given, to the address stated on the notice of traffic infraction.  The notification also shall advise the person that, if the person fails to appear at the hearing, the court shall enter judgment by default in favor of the State, as of the date of the scheduled hearing, and that the total amount specified in the default judgment must be paid within thirty days of entry of default judgment[, and, if it is not paid, that the court shall take action as provided in section 291D-10]; and

     (2)  When a denying answer is accompanied by a written statement of the grounds on which the person contests the notice of traffic infraction, the court shall proceed as provided in section 291D-8(a) and shall notify the person of its decision, including the total amount assessed, if any, by mailing the notice of entry of judgment within forty-five days of the postmarked date of the answer to the address provided by the person in the denying answer, or if none is given, to the address given when the notice of traffic infraction was issued or, in the case of parking violations, to the address at which the vehicle is registered.  The notice of entry of judgment also shall advise the person, if it is determined that the infraction was committed and judgment is entered in favor of the State, that the person has the right, within thirty days of entry of judgment, to request a trial and shall specify the procedures for doing so.  The notice of entry of judgment shall also notify the person, if an amount is assessed by the court for monetary assessments, fees, surcharges, or costs, that if the person does not request a trial within the time specified in this paragraph, the total amount assessed shall be paid within thirty days of entry of judgment.  [The notice of entry of judgment shall inform the person that if the total amount is not paid within thirty days, the court shall take action as provided in section 291D-10.]

     (c)  When an answer admitting commission of the infraction but seeking to explain mitigating circumstances is received, the court shall proceed as follows:

     (1)  In the case of a traffic infraction where the person requests a hearing at which the person will appear in person to explain mitigating circumstances, the court shall notify the person in writing of the date, time, and place of hearing to explain mitigating circumstances.  The notice of hearing shall be mailed to the address stated in the answer, or if none is given, to the address stated on the notice of traffic infraction.  The notification also shall advise the person that, if the person fails to appear at the hearing, the court shall enter judgment by default in favor of the State, as of the date of the scheduled hearing, and that the total amount stated in the default judgment must be paid within thirty days of entry of default judgment[, and, if it is not paid, that the court shall take action as provided in section 291D-10]; and

     (2)  If a written explanation is included with an answer admitting commission of the infraction, the court shall enter judgment for the State and, after reviewing the explanation, determine the total amount of the monetary assessments, fees, surcharges, or costs to be assessed, if any.  The court shall then notify the person of the total amount to be paid for the infraction, if any.  There shall be no appeal from the judgment.  If the court assesses an amount for monetary assessments, fees, surcharges, or costs, the court shall also notify the person that the total amount shall be paid within thirty days of entry of judgment.  [The notice of entry of judgment also shall inform the person that if the total amount is not paid within thirty days, the court shall take action as provided in section 291D‑10.]"

     2.  By amending subsection (e) to read:

     "(e)  Whenever judgment by default in favor of the State is entered, the court shall mail a notice of entry of default judgment to the address provided by the person when the notice of traffic infraction was issued or, in the case of parking infractions, to the address stated in the answer, if any, or the address at which the vehicle is registered.  The notice of entry of default judgment shall advise the person that the total amount specified in the default judgment shall be paid within thirty days of entry of default judgment and shall explain the procedure for setting aside a default judgment.  [The notice of entry of default judgment shall also inform the person that if the total amount is not paid within thirty days, the court shall take action as provided in section 291D-10.]  Judgment by default for the State entered pursuant to this chapter may be set aside pending final disposition of the traffic infraction upon written application of the person and posting of an appearance bond equal to the amount of the total amount specified in the default judgment and any other assessment imposed pursuant to section 291D-9.  The application shall show good cause or excusable neglect for the person's failure to take action necessary to prevent entry of judgment by default.  [Upon receipt of the application and required appearance bond, the court shall take action to remove the restriction placed on the person's driver's license or the motor vehicle's registration and title imposed pursuant to section 291D-10].  Thereafter, the court shall determine whether good cause or excusable neglect exists for the person's failure to take action necessary to prevent entry of judgment by default.  If so, the application to set aside default judgment shall be granted, the default judgment shall be set aside, and the notice of traffic infraction shall be disposed of pursuant to this chapter.  If not, the application to set aside default judgment shall be denied, the appearance bond shall be forfeited and applied to satisfy amounts due under the default judgment, and the notice of traffic infraction shall be finally disposed.  In either case, the court shall determine the existence of good cause or excusable neglect and notify the person of its decision on the application in writing."

     SECTION 7.  Section 291D-8, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  If a person for whom a hearing has been scheduled, to contest the notice of traffic infraction or to explain mitigating circumstances, fails to appear at the hearing, the court shall enter judgment by default for the State and take action as provided in section 291D-7(e).  [If the total amount of the monetary assessment, fees, surcharges, or costs is not paid within thirty days of entry of default judgment, the court shall take action as provided in section 291D-10.]"

     SECTION 8.  Section 291D-9, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  The court may grant to a person claiming inability to pay, an extension of the period in which the monetary assessment shall be paid or may impose community service in lieu thereof.  [If the assessment is not paid or the community service is not performed on or before the date established and the court has not extended the time, the court shall take action as provided in section 291D-10.]"

     SECTION 9.  Section 291D-12, Hawaii Revised Statutes, is amended to read as follows:

     "§291D-12  Powers of the district court judge sitting in the traffic division.  (a)  A district court judge sitting in the traffic division and hearing cases pursuant to this chapter shall have all the powers of a district court judge under chapter 604, including the following powers:

     (1)  To conduct traffic infraction hearings and to impose monetary assessments;

     (2)  To permit deferral of monetary assessment or impose community service in lieu thereof;

     (3)  To dismiss a notice of traffic infraction, with or without prejudice, or to set aside a judgment for the State;

     (4)  To order temporary driver's license suspension or driver's license reinstatement;

    [(5)  To order the director of finance not to issue or renew the driver's license, or to register, renew the registration of, or issue title to a motor vehicle, of any person who has not paid a monetary assessment, has not performed community service in lieu thereof, or has not otherwise satisfied a judgment for the State entered pursuant to this chapter;

     (6)] (5)  To approve the issuance or renewal of a driver's license or instruction permit pursuant to section 286‑109(c);

    [(7)] (6)  To issue penal summonses and bench warrants and initiate contempt of court proceedings in proceedings conducted pursuant to section 291D-13;

    [(8)] (7)  To issue penal summonses and bench warrants and initiate failure to appear proceedings in proceedings conducted pursuant to section 291D-5(d)(10); and

    [(9)] (8)  To exercise other powers the court finds necessary and appropriate to carry out the purposes of this chapter.

(b)  A district court judge sitting in the traffic division and hearing cases pursuant to this chapter shall not order the director of finance to withhold issuing or renewing the driver's license, or registering, renewing the registration of, or issuing the title to a motor vehicle, of any person who has not paid a monetary assessment, has not performed community service in lieu thereof, or has not otherwise satisfied a judgment for the State entered pursuant to this chapter."

     SECTION 10.  Section 576D-1, Hawaii Revised Statutes, is amended by amending the definitions of "compliance with an order of support" and "license" to read as follows:

     ""Compliance with an order of support" means that an obligor:

     (1)  Is not delinquent in payments in an amount equal to or greater than the sum of payments for child support for [a three-month period with regard to driver's licenses and recreational licenses and] a six-month period with regard to professional and vocational licenses; or

     (2)  Has obtained or maintained health insurance coverage as required by a child support order.

     "License" means any license, certification, registration, or permit issued by a licensing authority for recreational purposes, or to conduct a trade or business, including a license to practice a profession or vocation[, or a license to operate any motor vehicle, boat, airplane, or helicopter]."

     SECTION 11.  Section 576D-13, Hawaii Revised Statutes, is amended to read as follows:

     "§576D-13  Suspension or denial of licenses[.] or imposition of other penalty for noncompliance.  (a)  Upon a determination that an obligor is not in compliance with an order of support as defined in section 576D-1 or that an individual failed to comply with a subpoena or warrant relating to a paternity or child support proceeding, and that the obligor or individual is the holder of or an applicant for a license issued by a licensing authority in this State, the agency shall serve notice upon the obligor or individual of the agency's intent to certify the obligor or individual as noncompliant with an order of support or a subpoena or warrant relating to a paternity or child support proceeding, which shall direct the appropriate licensing authority to deny or suspend the license, or to deny the application for renewal, reinstatement, or restoration of such license.

     (b)  The notice shall be sent by regular mail to both the last known address of record of the obligor or individual as shown in the records of the licensing authority and the address of record of the obligor or individual as shown in the agency's child support record.  For purposes of this section, the date of service means two days following the date of mailing.  The notice shall contain the following information:

     (1)  Identification of the license, certificate, permit, or registration subject to suspension, nonrenewal, nonreinstatement, nonrestoration, or denial;

     (2)  The name, social security number, if available, date of birth, if known, and each applicable child support case number or numbers of the obligor or individual;

     (3)  The amount of the arrears, the amount of the monthly child support obligation, and reference to the support order upon which the support amount and arrears are based or the subpoena or warrant that the individual has failed to comply with;

     (4)  A statement that the obligor or individual may contest the suspension, nonrenewal, nonreinstatement, nonrestoration, or denial of a license by requesting a hearing in writing within thirty days of the date of service of the notice of intent to suspend, not renew, not reinstate, not restore, or deny the license;

     (5)  A statement that the obligor may contact the agency in writing within thirty days of the date of service of the notice and enter into a monthly payment agreement for the arrears owed, and if an agreement is entered into within thirty days of making contact with the agency, the agency shall not pursue the suspension, nonrenewal, nonreinstatement, nonrestoration, or denial of the license;

     (6)  A statement that an individual not in compliance with a subpoena or warrant relating to a paternity or child support proceeding may contact the agency in writing within thirty days of the date of service of the notice and enter into an agreement to provide the information or appear at the proceedings, and if so, the agency shall not pursue the suspension, nonrenewal, nonreinstatement, nonrestoration, or denial of the license; and

     (7)  A statement that if the obligor or individual makes a timely request as specified in paragraph (4), the agency shall stay the action until a decision is made.

     (c)  The agency shall certify in writing to the licensing authority that the obligor is not in compliance with an order of support, or that the individual is not in compliance with a subpoena or warrant relating to a paternity or child support proceeding, and shall authorize the immediate suspension, nonrenewal, nonreinstatement, nonrestoration, or denial of any license held or applied for by the obligor or individual if the obligor or individual:

     (1)  Fails to contact the agency in writing within thirty days of the date of service of the notice;

     (2)  Is not in compliance with an order of support, or failed to comply with a subpoena or warrant relating to a paternity or child support proceeding, and does not timely enter into an agreement under subsection (d); or

     (3)  Is delinquent in making periodic payments on a support arrearage pursuant to a written agreement with the child support enforcement agency under subsection (d).

     The agency shall provide a copy of the certification to the obligor or individual.  Upon receipt of the certification, the licensing authority shall suspend any license that the obligor or individual holds or deny any license for which the obligor or individual applies without further review or hearing concerning the suspension, nonrenewal, nonreinstatement, nonrestoration, or denial.  Notwithstanding the provisions of any other law setting terms of suspension, revocation, denial, termination, or renewal, reinstatement, or restoration of a license, a certification issued by the agency suspending, not renewing, not reinstating, not restoring, or denying a license shall be implemented by the licensing authority and continue in effect until the licensing authority receives a written release of suspension or denial from the agency, the office of child support hearings, or the family court.

     (d)  The obligor may enter into a payment agreement with the agency if the obligor makes contact with the agency within thirty days of the date of service of the notice, or the individual may either enter into an agreement to provide the information requested in the subpoena or appear at the proceeding required by the warrant.

     (e)  If the obligor or the individual requests an administrative hearing in writing within thirty days of the date of service of the notice as provided in subsection (b), the office shall schedule a hearing to determine whether the obligor is not in compliance with a support order or whether the individual is not in compliance with a subpoena or warrant relating to a paternity or child support proceeding.  The hearing shall be conducted in accordance with chapters 91 and 576E.  The issues before the hearings officer shall be limited to whether the obligor is in compliance with an order of support or whether the individual is in compliance with a subpoena or warrant relating to a paternity or child support proceeding.  The hearings officer shall issue a written decision within ten days of the hearing.  If the hearings officer decides that the obligor is not in compliance with a support order or that the individual is not in compliance with a subpoena or warrant relating to a paternity or child support proceeding, the license held or applied for by the obligor or individual shall be denied or suspended and shall not be renewed, reinstated, or restored.

     (f)  The decision of the hearings officer shall be final and shall be subject to judicial review as provided in chapter 91.  Any suspension or denial under this section shall not be stayed pending judicial review.

     (g)  Upon receipt of the decision of the hearings officer that the obligor is not in compliance with a support order or that the individual is not in compliance with a subpoena or warrant relating to a paternity or child support proceeding, the agency shall certify in writing to the licensing authority that the obligor is not in compliance with an order of support, or that the individual is not in compliance with a subpoena or warrant relating to a paternity or child support proceeding, and shall authorize the immediate suspension, nonrenewal, nonreinstatement, nonrestoration, or denial of any license held or applied for by the obligor or individual.  The agency shall provide a copy of the certification to the obligor or individual.  Upon receipt of the certification, the licensing authority shall suspend any license that the obligor or individual holds or deny any license for which the obligor or individual applies without further review or hearing concerning the suspension, nonrenewal, nonreinstatement, nonrestoration, or denial.  Notwithstanding the provisions of any other law setting terms of suspension, revocation, denial, termination, or renewal, reinstatement, or restoration of a license, a certification issued by the agency suspending, not renewing, not reinstating, not restoring, or denying a license shall be implemented by the licensing authority and continue in effect until the licensing authority receives a written release of suspension or denial from the agency, the office of child support hearings, or the family court.

     (h)  When the conditions that resulted in the suspension, nonrenewal, nonreinstatement, nonrestoration, or denial no longer exist, the agency shall provide the obligor or individual with written confirmation that the obligor is in compliance with the order of support or that the individual is in compliance with the subpoena or warrant relating to a paternity or child support proceeding, and the agency, office, or the family court shall issue an authorization canceling the certification in writing to the licensing authority.

     (i)  If a license is suspended or denied under this section, any funds paid by the obligor or individual to the licensing authority shall not be refunded by the licensing authority, and the licensing authority may charge a fee for reinstating or restoring a license.  The licensing authority may also charge the obligor or individual a reasonable fee to cover the administrative costs incurred by the licensing authority in complying with this section.

     (j)  The agency shall adopt rules necessary for the implementation and administration of this section.  The licensing authority shall adopt rules necessary for the implementation and administration of this section.  The appropriate licensing authority shall require that the social security number of any applicant for a professional license, [driver's license,] occupational license, recreational license, or marriage license be recorded on the application for those licenses.  The social security number shall be used solely for purposes of this chapter for child support enforcement and identification.

     (k)  The agency shall not prevent an obligor who is in noncompliance with an order of support as defined in section 576D-1 or an individual who has failed to comply with a subpoena or warrant relating to a paternity or child support proceeding from obtaining or renewing a license to operate a motor vehicle or from registering, renewing the registration of, or transferring or receiving title to a motor vehicle."

     SECTION 12.  Section 291-4.6, Hawaii Revised Statutes, is repealed.

     ["[§291-4.6]  Driving after license suspended or denied for noncompliance with an order of support; penalties.  (a)  No person whose driver's license has been suspended, denied, or otherwise restricted pursuant to section 576D-13 shall operate a motor vehicle upon the public streets, roads, or highways of this State while the person's license remains suspended or denied.

     (b)  Any person convicted of violating this section shall be sentenced as follows:

     (1)  For a first offense, or any offense not preceded within a five-year period by a conviction under this section:

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

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

          (C)  License suspension or denial shall continue until written authorization of compliance is issued by the child support enforcement agency, the office of child support hearings, or the family court; and

     (2)  For an offense which occurs within five years of a prior conviction under this section:

          (A)  Thirty days' imprisonment;

          (B)  A fine of $1,000; and

          (C)  License suspension or denial shall continue until written authorization of compliance pursuant to section 576D-13 [is] issued by the child support enforcement agency, the office of child support hearings, or the family court."]

     SECTION 13.  Section 291D-10, Hawaii Revised Statutes, is repealed.

     ["§291D-10  Restriction on driver's license and motor vehicle registration.  (a)  When the person issued a notice of traffic infraction not involving parking fails to pay the total amount of fines, fees, surcharges, costs, or monetary assessments that has been ordered, the court shall cause an entry to be made in the driver's license record so as to prevent the person from acquiring or renewing the person's driver's license until the outstanding amount is paid or the notice of traffic infraction is otherwise disposed of pursuant to this chapter.

     (b)  In all cases where the registered owner of a motor vehicle to which a notice of traffic infraction has been issued fails to pay the total amount of fines, fees, surcharges, costs, or monetary assessments that have been ordered, the court shall cause an entry to be made in the motor vehicle's record so as to prevent issuance or renewal of the motor vehicle's certificate of registration and transfer of title to the motor vehicle until the outstanding amount is paid or the notice of traffic infraction is otherwise disposed of pursuant to this chapter; provided that if the traffic infraction involves an unpaid parking violation, this subsection shall not prevent the issuance or renewal of the motor vehicle's certificate of registration and transfer of title to the motor vehicle to another person, in which case the clerk of the court shall issue a clearance to effectuate the registration and transfer of title; and provided further that in no event shall a clearance:

     (1)  Absolve the registered owner of the motor vehicle at the time the parking violation was incurred from paying the fine;

     (2)  Prevent any subsequent issuance or renewal of the motor vehicle's certificate of registration and transfer of title to the motor vehicle; or

     (3)  Otherwise encumber the title of that motor vehicle."]

PART III

     SECTION 14.  All existing restrictions on driver's licenses and motor vehicle registrations or issuances or transfers of title that have been imposed pursuant to section 291D-10, Hawaii Revised Statutes, or section 576D-13, Hawaii Revised Statutes, shall be void as of the effective date of this Act and unenforceable.  The judiciary shall work with the counties to identify persons directly affected by the restrictions imposed pursuant to section 291D-10, Hawaii Revised Statutes, and take any actions necessary to effectuate the purposes of this Act.  The department of the attorney general shall work with the counties to identify persons directly affected by the restrictions imposed pursuant to section 576D-13, Hawaii Revised Statutes, and take any actions necessary to effectuate the purposes of this Act.

PART IV

     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:

_____________________________

 

 


 


 

Report Title:

Traffic Infractions; Child Support; Driver Licensing; Vehicle Registration; "Stoppers"

 

Description:

Prohibits the imposition of restrictions on a person's ability to obtain or renew a driver's license or to register, renew the registration of, or transfer or receive title to a motor vehicle, as a consequence of unpaid monetary obligations.  Does not affect driver's license suspensions related to excessive speeding or lack of motor vehicle insurance.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.