HB2643

HOUSE OF REPRESENTATIVES	H.B. NO.	2643
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

relating to transportation.

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

SECTION 1. The legislature finds that for many years, Hawaii has been one of the worst states in the nation in terms of the per cent of total fatal traffic crashes that are alcohol related. The use of ignition interlock devices has been a proven means to stop intoxicated persons from driving. The current law mandates that only a single vendor be selected by the department of transportation to implement the statewide ignition interlock program which deprives users of selecting ignition interlock devices based on product quality, features, and maintenance. Multiple vendors also ensure that ignition interlock devices are more readily available for installation and repair in a wide range of geographic areas throughout the state.

The purpose of this Act is to promote consumer choice, competition, and geographic availability by requiring the department of transportation to select more than one certified vendor to install ignition interlock devices pursuant to chapter 291E, Hawaii Revised Statutes.

SECTION 2. Section 291E-5, Hawaii Revised Statutes, is amended to read as follows:

"§291E-5 Ignition interlock user affordability. The director of transportation shall contract with the selected ignition interlock [~~vendor~~] vendors to provide partial financial relief for the installation and the periodic calibration charges to offenders who apply for such assistance and who are recipients, at the time of license revocation or suspension, of either food stamps under the Supplemental Nutrition Assistance Program, or free services under the Older Americans Act or Developmentally Disabled Assistance and Bill of Rights Act."

SECTION 3. Section 291E-6, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) The director of transportation shall establish and administer a statewide program relating to certification and monitoring of ignition interlock devices installed pursuant to chapter 291E and shall select [~~a single vendor~~] multiple vendors to install and maintain them pursuant to chapter 103D."

2. By amending subsections (c) and (d) to read:

"(c) The program shall include standards and procedures for the certification of the [~~vendor~~] vendors selected to install and maintain ignition interlock devices pursuant to chapter 291E. At a minimum, the standards shall require that the [~~vendor~~] vendors:

(1) Install only an ignition interlock device that is certified pursuant to this section;

(2) Offer or contract for ignition interlock device installation and maintenance statewide;

(3) Train drivers who are required to install an ignition interlock device, pursuant to chapter 291E, in how to use the device;

(4) Schedule the driver for all necessary readings and maintenance of the device; and

(5) Provide periodic reports regarding the use of each ignition interlock device installed pursuant to chapter 291E, including incidents of test failure, attempts to circumvent the device, and dates, times, and distances the vehicle was driven.

(d) The [~~vendor~~] vendors selected for installation and maintenance of ignition interlock devices pursuant to chapter 291E shall be audited annually by the director of transportation pursuant to this section and the rules adopted thereunder. The director of transportation may require the [~~vendor~~] vendors to pay for all or part of the costs incurred in conducting the audit."

SECTION 4. Section 291E-6.5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) The administrative director of the courts shall establish and administer a statewide program relating to oversight of all continuous alcohol monitoring devices ordered to be fitted pursuant to chapter 291E, and shall select [~~a single vendor~~] multiple vendors to fit, maintain and monitor them. All costs associated with the device, including administrative and operating costs, shall be paid by the person, except that the vendor shall provide partial financial relief for any charges to persons who apply for such assistance and who are recipients, at the time of arrest, of either food stamps under the Supplemental Nutrition Assistance Program, or free services under the Older Americans Act or Developmentally Disabled Assistance and Bill of Rights Act."

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.

INTRODUCED BY:	_____________________________