Hawaii 2024 Regular Session

Hawaii Senate Bill SB2990 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 2990 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to MOTOR VEHICLES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 2990
4	4	THIRTY-SECOND LEGISLATURE, 2024
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	2990
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13	13	THIRTY-SECOND LEGISLATURE, 2024
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to MOTOR VEHICLES.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that on February 15, 2023, at 6:45 a.m., sixteen-year-old Sara Yara was crossing Kapiolani Boulevard in a marked crosswalk by McKinley High School when she was struck and killed in a motor vehicle collision. The alleged driver was not the registered owner of the motor vehicle, did not have a valid drivers' license, had been convicted of the offense of driving without a license six times during the five-year period before the collision, and had one hundred sixty-four prior traffic citations. The legislature further finds that repeat violations of driving without a license reflect a lack of concern of the dangerousness of the act. The legislature also finds that selling a vehicle to an unlicensed driver or allowing an unlicensed driver to drive one's vehicle creates a situation of potential danger to the community. The legislature believes that the severity of the law should reflect these dangers and serve to prevent tragedies like the untimely death of Sara Yara. Accordingly, the purpose of this Act is to: (1) Prohibit the: (A) Purchase and sale of a motor vehicle to another individual who is not duly licensed to operate that category of motor vehicle; and (B) Registered owner of a motor vehicle from allowing an individual who is not duly licensed to operate that category of motor vehicle to operate the vehicle; and (2) Impose penalties. SECTION 2. This Act shall be known as "Sara's Law". SECTION 3. Chapter 286, Hawaii Revised Statutes, is amended by adding two new sections to part I to be appropriately designated and to read as follows: "§286-A Purchase and sale of motor vehicle to an individual without a valid driver's license; prohibited. (a) No individual seller shall sell any motor vehicle to another individual buyer who is not duly licensed to operate that category of motor vehicle pursuant to parts VI and XIII of this chapter. (b) No individual buyer shall falsify any identification or use any false identification or identification of another person or of a fictious person for the purpose of buying or attempting to buy a motor vehicle for which the individual buyer is not duly licensed to operate. (c) The sale of a motor vehicle to an unlicensed individual buyer shall not be deemed a violation of this section if, in making the sale, the seller was misled by the appearance of the individual buyer and the attending circumstances into believing, in good faith, that the buyer held a valid driver's license to operate the motor vehicle being offered for sale; provided that it shall be incumbent upon the seller to prove that the seller acted in good faith. §286-B Operation of a motor vehicle by an individual without a valid driver's license; prohibited. Except as otherwise provided by law, the registered owner of a motor vehicle shall not allow the operation of the vehicle upon the public streets, roads, or highways of the State by any person who is not duly licensed to operate that category of motor vehicle pursuant to parts VI and XIII of chapter 286." SECTION 4. Section 286-136, Hawaii Revised Statutes, is amended to read as follows: "§286-136 Penalty. (a) Except as provided in [subsection] subsections (b)[,] through (c), any person who violates section 286-102, 286-122, 286-130, 286-131, 286-132, 286-133, [or] 286-134, 286-A, or 286-B, shall be fined no more than $1,000 or imprisoned no more than thirty days, or both. Any person who violates any other section in this part shall be fined no more than $1,000. (b) Any person who is convicted of violating section 286‑102, 286-122, 286-130, 286-131, 286-132, 286-133, [or] 286‑134, 286-A, or 286-B, shall be subject to a minimum fine of $500 and a maximum fine of $1,000, or imprisoned no more than one year, or both, if the person has two or more prior convictions for the same offense in the preceding five-year period. (c) For any person who has multiple convictions in violation of section 286-102 within a five-year period: (1) Upon the third conviction, the person shall be guilty of a misdemeanor and subject to a minimum fine of $ and a maximum fine of $ and a mandatory prison term of not more than years; (1) Upon the fourth and subsequent conviction, the person shall be guilty of a class C felony and subject to a minimum fine of $ and a maximum fine of $ and a mandatory prison term of not more than years; and, or both; and (2) The motor vehicle used in the commission of the violation shall be subject to forfeiture. [(c)] (d) Notwithstanding subsections (a) [and (b),] through (c), a minor under the age of eighteen under the jurisdiction of the family court who is subject to this section shall either lose the right to drive a motor vehicle until the age of eighteen or be subject to a fine of $500. [(d)] (e) Any person subject to a fine under this section and who fails to timely pay the fine shall be given an opportunity to petition the court to demonstrate that the person's nonpayment or inability to pay is not wilful; provided that if the person petitions the court, the court shall make an individualized assessment of the person's ability to pay based upon the totality of the circumstances, including the person's disposable income, financial obligations, and liquid assets; provided further that if the court determines that the person's nonpayment or inability to pay is not wilful, the court may enter an order that allows additional time for payment; reduces the amount of each installment; revokes the fee or fine, or unpaid portion thereof, in whole or in part; or converts any outstanding fine to community service." 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. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that on February 15, 2023, at 6:45 a.m., sixteen-year-old Sara Yara was crossing Kapiolani Boulevard in a marked crosswalk by McKinley High School when she was struck and killed in a motor vehicle collision. The alleged driver was not the registered owner of the motor vehicle, did not have a valid drivers' license, had been convicted of the offense of driving without a license six times during the five-year period before the collision, and had one hundred sixty-four prior traffic citations.
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51	51	The legislature further finds that repeat violations of driving without a license reflect a lack of concern of the dangerousness of the act. The legislature also finds that selling a vehicle to an unlicensed driver or allowing an unlicensed driver to drive one's vehicle creates a situation of potential danger to the community. The legislature believes that the severity of the law should reflect these dangers and serve to prevent tragedies like the untimely death of Sara Yara.
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53	53	Accordingly, the purpose of this Act is to:
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55	55	(1) Prohibit the:
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57	57	(A) Purchase and sale of a motor vehicle to another individual who is not duly licensed to operate that category of motor vehicle; and
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59	59	(B) Registered owner of a motor vehicle from allowing an individual who is not duly licensed to operate that category of motor vehicle to operate the vehicle; and
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61	61	(2) Impose penalties.
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63	63	SECTION 2. This Act shall be known as "Sara's Law".
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65	65	SECTION 3. Chapter 286, Hawaii Revised Statutes, is amended by adding two new sections to part I to be appropriately designated and to read as follows:
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67	67	"§286-A Purchase and sale of motor vehicle to an individual without a valid driver's license; prohibited. (a) No individual seller shall sell any motor vehicle to another individual buyer who is not duly licensed to operate that category of motor vehicle pursuant to parts VI and XIII of this chapter.
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69	69	(b) No individual buyer shall falsify any identification or use any false identification or identification of another person or of a fictious person for the purpose of buying or attempting to buy a motor vehicle for which the individual buyer is not duly licensed to operate.
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71	71	(c) The sale of a motor vehicle to an unlicensed individual buyer shall not be deemed a violation of this section if, in making the sale, the seller was misled by the appearance of the individual buyer and the attending circumstances into believing, in good faith, that the buyer held a valid driver's license to operate the motor vehicle being offered for sale; provided that it shall be incumbent upon the seller to prove that the seller acted in good faith.
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73	73	§286-B Operation of a motor vehicle by an individual without a valid driver's license; prohibited. Except as otherwise provided by law, the registered owner of a motor vehicle shall not allow the operation of the vehicle upon the public streets, roads, or highways of the State by any person who is not duly licensed to operate that category of motor vehicle pursuant to parts VI and XIII of chapter 286."
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75	75	SECTION 4. Section 286-136, Hawaii Revised Statutes, is amended to read as follows:
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77	77	"§286-136 Penalty. (a) Except as provided in [subsection] subsections (b)[,] through (c), any person who violates section 286-102, 286-122, 286-130, 286-131, 286-132, 286-133, [or] 286-134, 286-A, or 286-B, shall be fined no more than $1,000 or imprisoned no more than thirty days, or both. Any person who violates any other section in this part shall be fined no more than $1,000.
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79	79	(b) Any person who is convicted of violating section 286‑102, 286-122, 286-130, 286-131, 286-132, 286-133, [or] 286‑134, 286-A, or 286-B, shall be subject to a minimum fine of $500 and a maximum fine of $1,000, or imprisoned no more than one year, or both, if the person has two or more prior convictions for the same offense in the preceding five-year period.
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81	81	(c) For any person who has multiple convictions in violation of section 286-102 within a five-year period:
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83	83	(1) Upon the third conviction, the person shall be guilty of a misdemeanor and subject to a minimum fine of $ and a maximum fine of $ and a mandatory prison term of not more than years;
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85	85	(1) Upon the fourth and subsequent conviction, the person shall be guilty of a class C felony and subject to a minimum fine of $ and a maximum fine of $ and a mandatory prison term of not more than years; and, or both; and
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87	87	(2) The motor vehicle used in the commission of the violation shall be subject to forfeiture.
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89	89	[(c)] (d) Notwithstanding subsections (a) [and (b),] through (c), a minor under the age of eighteen under the jurisdiction of the family court who is subject to this section shall either lose the right to drive a motor vehicle until the age of eighteen or be subject to a fine of $500.
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91	91	[(d)] (e) Any person subject to a fine under this section and who fails to timely pay the fine shall be given an opportunity to petition the court to demonstrate that the person's nonpayment or inability to pay is not wilful; provided that if the person petitions the court, the court shall make an individualized assessment of the person's ability to pay based upon the totality of the circumstances, including the person's disposable income, financial obligations, and liquid assets; provided further that if the court determines that the person's nonpayment or inability to pay is not wilful, the court may enter an order that allows additional time for payment; reduces the amount of each installment; revokes the fee or fine, or unpaid portion thereof, in whole or in part; or converts any outstanding fine to community service."
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93	93	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.
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95	95	SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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97	97	SECTION 7. This Act shall take effect upon its approval.
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101	101	INTRODUCED BY: _____________________________
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103	103	INTRODUCED BY:
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111	111	Report Title: Motor Vehicles; Purchase; Sale; Operation; License Required; Penalties; Misdemeanor; Felony; Forfeiture; Sara's Law Description: Prohibits the purchase and sale of a motor vehicle to another individual who is not duly licensed to operate that category of motor vehicle. Prohibits the registered owner of a motor vehicle from allowing an individual who is not duly licensed to operate that category of motor vehicle to operate the vehicle. Imposes penalties. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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119	119	Report Title:
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121	121	Motor Vehicles; Purchase; Sale; Operation; License Required; Penalties; Misdemeanor; Felony; Forfeiture; Sara's Law
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125	125	Description:
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127	127	Prohibits the purchase and sale of a motor vehicle to another individual who is not duly licensed to operate that category of motor vehicle. Prohibits the registered owner of a motor vehicle from allowing an individual who is not duly licensed to operate that category of motor vehicle to operate the vehicle. Imposes penalties.
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135	135	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.