SB 2991: Motor Vehicles; Operating a Vehicle Under the Influence of an Intoxicant; Driver's Licenses; Revocation; Reactivation; Reexamination

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.

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 vessel 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 vessel under this subsection 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 reobtain any vessel operating privilege.

     (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 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 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 upon its approval.

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.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to highway safety.

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

     SECTION 1.  Section 291E-45, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  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 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."

     SECTION 2.  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 3.  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 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     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.

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.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 3089

Honolulu, Hawaii

RE:     S.B. No. 2991

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 2991 entitled:

"A BILL FOR AN ACT RELATING TO HIGHWAY SAFETY,"

begs leave to report as follows:

     The purpose and intent of this measure is to clarify 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.

     Your Committee received testimony in support of this measure from the Department of Transportation, Oahu Metropolitan Planning Organization, and one individual.

     Your Committee received comments on this measure from the Department of Customer Services of the City and County of Honolulu.

     Your Committee finds that recent reporting from the Department of Transportation indicated a serious tendency that individuals involved in fatal crashes were operating under the influence of alcohol and without a valid driver's license.  Your Committee further finds that additional protocols are required to prevent potentially dangerous drivers from immediately returning to the roadways while ensuring that they are aware of the rules and laws to operate a vehicle safely.  This measure will promote a safe, efficient, and resilient transportation system.

     Your Committee has amended this measure by:

     (1)  Inserting language to require that a notice of administrative driver's license revocation shall include certain information;

     (2)  Inserting language to require that an order of administrative revocation of the privilege to operate a vessel shall include certain information; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2991, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2991, S.D. 1.

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