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THE SENATE |
S.B. NO. |
2991 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO HIGHWAY SAFETY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 291E-34, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The notice of administrative revocation shall provide, at a minimum and in clear language, the following general information relating to administrative revocation:
(1) The statutory authority for administrative revocation;
(2) The period of administrative
revocation, including the start date and end date;
(3) An explanation that upon the
expiration of the period of administrative revocation the respondent shall be
required to undergo reexamination pursuant to section 286-108 before obtaining
a new driver's license under chapter 286 and, if applicable, before renewing or
reactivating any motor vehicle operating privilege affected by the
administrative revocation;
[(2)] (4) An explanation of the distinction
between administrative revocation and a suspension or revocation imposed under
section 291E-61 or 291E-61.5; and
[(3)] (5) That criminal charges filed pursuant
to section 291E-61 or 291E-61.5 may be prosecuted concurrently with the
administrative action."
SECTION 2. Section 291E-45, Hawaii Revised Statutes, is amended to read as follows:
"§291E-45
Eligibility for relicensing and reregistration of motor vehicle[.];
administrative revocation order; requirements. (a)
An administrative revocation order issued to a person eligible for
relicensing or renewing the privilege to operate a motor vehicle under this
section shall state the period of administrative revocation and that
reexamination pursuant to section 206-108 is required before the respondent may
be issued a new driver's license under chapter 286 and, if applicable, before
the respondent may renew or reactivate any motor vehicle operating privilege
affected by the administrative revocation.
(b) To be eligible for relicensing or renewing the privilege to operate a vessel after a period of administrative revocation has expired, the person shall:
(1) Submit proof to the director of compliance with all conditions imposed by the director;
(2) Obtain a certified statement from the director indicating eligibility for relicensing and for renewing the privilege to operate a vessel;
(3) Present the certified statement to the appropriate licensing official or to the department of land and natural resources, as applicable; and
(4) Successfully complete each requirement, including payment of all applicable fees, for:
(A) Obtaining a new license in [this]
the State, pursuant to chapter 286[;], including being
examined pursuant to section 286-108; or
(B) Renewing the privilege to operate a vessel, as may be provided in chapter 200 or rules adopted by the department of land and natural resources pursuant to section 200‑24.
[(b)]
(c) To be eligible for
reregistration of a motor vehicle, if applicable, after a period of
administrative revocation has expired, the person shall:
(1) Submit proof to the director of compliance with all conditions imposed by the director;
(2) Obtain a certified statement from the director indicating eligibility for registration of a motor vehicle;
(3) Present the certified statement to the director of the appropriate county agency; and
(4) Successfully complete each requirement,
as provided in chapter 286, for obtaining a new certificate of registration for
a motor vehicle in [this] the State, including payment of all
applicable fees."
SECTION 3. Section 291E-61, Hawaii Revised Statutes, is amended by amending subsection (j) to read as follows:
"(j) Notwithstanding any other law to the
contrary, whenever a court revokes a person's driver's license pursuant to this
section, the examiner of drivers shall not grant to the person a new driver's
license until [the expiration of] the period of revocation determined by
the court[.] expires and the person undergoes reexamination under section
286-108. After the period of
revocation is completed, the person may apply for and, if the person satisfies
the examination requirements of section 286‑108, the examiner of
drivers may grant to the person a new driver's license."
SECTION 4. Section 291E-61.5, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) Notwithstanding any other law to the
contrary, whenever a court revokes a person's driver's license pursuant to this
section, the examiner of drivers shall not grant to the person a new driver's
license until [expiration of] the period of revocation determined by the
court[.] expires and the person undergoes reexamination under section
286-108. After the period of
revocation is complete, the person may apply for and, if the person satisfies
the examination requirements of section 286‑108, the examiner of
drivers may grant to the person a new driver's license."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 3000; provided that the amendments made to sections 291E-61 and 291E-61.5, Hawaii Revised Statutes, by sections 3 and 4, respectively, of this Act shall not be repealed when those sections are reenacted on June 30, 2028, pursuant to Act 196, Session Laws of Hawaii 2021, as amended by Act 94, Session Laws of Hawaii 2022, as amended by Act 148, Session Laws of Hawaii 2023.
Report Title:
Motor Vehicles; Operating a Vehicle Under the Influence of an Intoxicant; Driver's Licenses; Revocation; Reactivation; Reexamination
Description:
Clarifies that persons whose driver's licenses have been revoked for certain alcohol-related offenses are required to undergo reexamination before the examiner of drivers may relicense the person. Requires a notice and order of administrative revocation to include certain information. Effective 7/1/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.