STAND. COM. REP. NO.  1119

Honolulu, Hawaii

                , 2015

RE:   S.B. No. 611

      S.D. 1

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

Sir:

     Your Committee on Transportation, to which was referred S.B. No. 611, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO USE OF INTOXICANTS WHILE OPERATING A VEHICLE,"

begs leave to report as follows:

The purpose of this measure is to improve the effectiveness and efficiency of current statutes regarding license revocation for the operation of a vehicle under the influence of an intoxicant, as well as to expedite the reissuance of a driver's license once a license revocation period has expired, while continuing to maintain the safety of Hawaii's roadways.  Specifically, this measure:

     (1)  Allows an ignition interlock permit holder to take necessary tests to apply for relicensing during the final thirty days of the revocation period;

     (2)  Prohibits the operation of a vehicle with an ignition interlock permit without a state identification card; and

     (3)  Prohibits the operation of a vehicle once a notice of administrative revocation that serves as a temporary permit has expired, unless the driver has a valid driver's license.

The Department of Transportation, Office of the Prosecuting Attorney of the County of Kauai, Honolulu Police Department, and Mothers Against Drunk Driving HAWAII testified in support of this measure.

     Currently, a driver whose license is revoked for operating a vehicle under the influence of an intoxicant cannot begin the relicensing process until the end of the revocation period.  In order to be relicensed, drivers must take the written examination, obtain an instructional permit, and schedule a road test, all of which may take several months.  As such, a person may have to wait a significant amount of time before being fully licensed once the revocation period is completed.  Meanwhile, drivers with an ignition interlock device who may drive unsupervised during their revocation period must drive with a licensed driver while they wait for full licensure.  Your Committee finds that allowing drivers with a valid ignition interlock permit the opportunity to complete their written and road tests prior to the end of their revocation period would create an additional incentive to install an ignition interlock device, leading to safer roadways.  In addition, allowing responsible drivers to be fully relicensed immediately following their revocation period provides them with the opportunity to continue driving legally.

Your Committee also notes that under Hawaii's ignition interlock law, drivers who have a valid ignition interlock permit are not required to show any form of photo identification when stopped by law enforcement, which makes the determination of compliance with the law difficult for law enforcement.  Requiring drivers to have a valid State of Hawaii identification card gives law enforcement officers the ability to positively identify drivers with ignition interlock permits and verify the driver's license and permit status.

     Your Committee has amended this measure by changing its effective date to July 1, 2015.

     As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 611, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 611, S.D. 1, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Transportation,

____________________________

HENRY J.C. AQUINO, Chair