SB946 CD1

SECTION 1. Chapter 291E, Hawaii Revised Statutes, is amended by adding a new subpart to part III to read as follows:

"B. Eligibility for Driving Privileges Following

Lifetime Revocation

§291E-A Eligibility to apply for new driver's license after lifetime revocation. A respondent whose license has been administratively revoked for life pursuant to section 291E‑41 or under provisions of sections 286-251 to 286-266 of part XIV of chapter 286 that were repealed on January 1, 2002, may apply in writing to the director for consent to apply for a new driver's license as provided under this part. A respondent whose driver's license has been revoked for a lifetime more than once shall not be eligible to apply for new driver's license under this part.

§291E-B Application procedures. The application for consent from the director to apply for a new driver's license shall:

(1) Be made not sooner than ten years from the date of issuance of the lifetime revocation by the administrative driver's license revocation office;

(2) Be accompanied by written proof that the respondent, within the ninety days immediately preceding the date the application is received by the administrative driver's license revocation office, has been assessed by a certified substance abuse counselor who has determined that the respondent is not 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; provided that the assessment shall be submitted with the application; and provided further that the costs of the assessment shall be borne by the respondent; and

(3) The application shall be in a form of a sworn statement approved by the director; provided that the sworn statement shall contain information that demonstrates that the respondent no longer poses a real and serious danger to the safety and welfare of the people of this State.

§291E-C Denial of application. The application shall be summarily denied if:

(1) The application does not meet all of the requirements of section 291E-B; and

(2) After the issuance of the lifetime revocation, the respondent has been arrested, convicted, or adjudicated for any traffic infraction or a similar infraction in another jurisdiction; provided that the administrative driver's license revocation office may retrieve and consider information available from any judiciary computer system, problem driver pointer system or its successor system, national database record or its successor, or similar federal, state, or county database retrieval system that allows access by authorized agencies.

§291E-D Fee. There shall be assessed a fee to process the application for reinstatement of license in the amount of $50.

§291E-E Final administrative decision. The decision of the director pursuant to this part shall be final; provided that the respondent may seek judicial review of a denial by the director under section 291E-40. If the court reverses the decision of the director, the respondent shall be deemed eligible to apply for a new license; provided that the court order of reversal shall state that the respondent is eligible to apply for a new driver's license."

SECTION 2. Section 291E-41, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Unless an administrative revocation is reversed or the temporary permit, and temporary motor vehicle registration and temporary number plates if applicable, are extended by the director, administrative revocation shall become effective on the day specified in the notice of administrative revocation. Except as provided in section 291E-44[,] or 291E-A, no license and privilege to operate a vehicle, nor motor vehicle registration and number plates if applicable, shall be restored under any circumstances, and no conditional license permit shall be issued during the administrative revocation period. Upon completion of the administrative revocation period, the respondent may reapply and be reissued a license pursuant to section 291E-45."

SECTION 3. Chapter 291E, Hawaii Revised Statutes, is amended by designating sections 291E-31 to 291E-50 as subpart A, entitled:

"A. General Provisions"

SECTION 4. In codifying the provisions of section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letter designations used in that section.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2008.

THE SENATE	S.B. NO.	946
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 2
STATE OF HAWAII		H.D. 1
		C.D. 1