REPORT TITLE:
Motor Vehicle Insurance


DESCRIPTION:
Extends amnesty period for uninsured motorists.  Eliminates proof
of insurance as grounds for automatic administrative license
suspension. (HB850 CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        850
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            C.D. 1
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO MOTOR VEHICLE INSURANCE.



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

 1      SECTION 1.  Section 287-20, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  Whenever by reason of a conviction of, or adjudication
 
 4 under part V of chapter 571 by reason of, any of the offenses
 
 5 listed in this subsection, under the laws of the State or
 
 6 ordinances of any political subdivision, a court of competent
 
 7 jurisdiction has discretion to revoke or suspend a driver's
 
 8 license but does not revoke or suspend the license, the
 
 9 administrator shall nevertheless after the expiration of thirty
 
10 days from the date of conviction or adjudication suspend the
 
11 license and shall keep the same suspended, and the person so
 
12 convicted or adjudicated shall not thereafter operate a motor
 
13 vehicle, unless and until the person so convicted or adjudicated
 
14 furnishes and thereafter maintains proof of financial
 
15 responsibility.  The offenses referred to are:
 
16      (1)  Reckless or inattentive driving, driving while under
 
17           the influence of intoxicating liquor, driving while
 
18           under the influence of drugs, and driving while that
 
19           person's license has been suspended or revoked, except
 
20           when a person's license has been suspended or revoked
 

 
Page 2                                                     850
                                     H.B. NO.           H.D. 1
                                                        S.D. 1
                                                        C.D. 1

 
 1           for the first conviction of driving without a motor
 
 2           vehicle insurance policy; and
 
 3      (2)  Conviction or adjudication under part V of chapter 571
 
 4           by reason of any moving violation offense involving a
 
 5           motor vehicle if the motor vehicle is in any manner
 
 6           involved in an accident in which any person is killed
 
 7           or injured, or in which damage to property results to
 
 8           an apparent extent in excess of $3,000 and there are
 
 9           reasonable grounds for the administrator to believe
 
10           that the defendant is at fault[; and
 
11      (3)  Driving without a valid motor vehicle insurance policy
 
12           if the conviction occurs within a five-year period from
 
13           any prior conviction]."
 
14      SECTION 2.  Section 431:10C-104.5, Hawaii Revised Statutes,
 
15 is amended to read as follows:
 
16      "�431:10C-104.5  Amnesty period for uninsured motorists.
 
17 Notwithstanding any other provision of law to the contrary, any
 
18 penalties and any provision for surcharge based on prior failure,
 
19 since January 1, 1996, to maintain no-fault or motor vehicle
 
20 insurance or suspension or revocation of license due solely to
 
21 failure to maintain no-fault or motor vehicle insurance shall not
 
22 apply to any uninsured motorist who obtains the required
 
23 coverages prior to December 31, [1998.]1999."
 

 
Page 3                                                     850
                                     H.B. NO.           H.D. 1
                                                        S.D. 1
                                                        C.D. 1

 
 1      SECTION 3.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 4.  This Act shall take effect upon its approval.