Hawaii-2014-SB2616-Introduced

SECTION 1. Section 286-116, Hawaii Revised Statutes, is amended to read as follows:

"§286-116 License, insurance identification card, possession, exhibition. (a) Every licensee shall have a valid driver's license in the licensee's immediate possession at all times, and a valid motor vehicle or liability insurance identification card applicable to the motor vehicle operated as required under section 431:10C-107 and section 431:10G-106, when operating a motor vehicle, and shall display the same upon demand of a police officer. Every police officer or law enforcement officer when stopping a vehicle or inspecting a vehicle for any reason shall demand that the driver or owner display the driver's or owner's driver's license and insurance identification card. No person charged with violating this section shall be convicted if the person produces in court, or proves from the proper official or other records that the person was the holder of a driver's license or a motor vehicle or liability insurance identification card and policy conforming to article 10C and article 10G of chapter 431 or a certificate of self-insurance issued by the insurance commissioner pursuant to section 431:10C-107 and section 431:10G-103, theretofore issued to the person and valid at the time of the person's arrest.

(b) At any time a law enforcement officer finds a motor vehicle in operation by a driver not in possession of the motor vehicle or liability insurance identification card required under section 431:10C-107 and section 431:10G-106, the officer shall issue a citation with the earliest possible date for court appearance in every instance.

(c) In all instances in which a citation shall be issued under subsection (b), whenever the driver cited is not found to be the registered owner of the motor vehicle under operation, the citation shall also be issued to the driver as the owner's agent and to the registered owner of the motor vehicle. Whenever the registered owner of any motor vehicle permits any person to operate the registered owner's motor vehicle, the registered owner appoints, designates, and constitutes the driver the registered owner's agent for all purposes under this section and section 431:10C-107, section 431:10G-106, and section 805-13.

(d) The operation of any motor vehicle required to be licensed on a highway by a driver, whether or not licensed, who knows, or has reason to believe, that the motor vehicle is not insured in compliance with article 10C and article 10G of chapter 431, shall constitute a violation of this chapter.

(e) Any registered owner of any motor vehicle required to be licensed, who directly or indirectly permits the operation of such motor vehicle on any highway at any time the motor vehicle is not insured in compliance with article 10C and article 10G of chapter 431, shall be guilty of a violation of this chapter. The registered owner shall, in all cases, be presumed to know whether a motor vehicle is insured in compliance with article 10C and article 10G of chapter 431.

(f) Notwithstanding any other law to the contrary, if a person fails to display a valid insurance identification card as required under subsection (a), the director of finance, any police officer, or any law enforcement officer may apply or cause to be applied a wheel boot to the motor vehicle. The motor vehicle shall be subject to redemption by its owner only after paying the applicable charges incident to the booting of the motor vehicle and by showing a valid insurance identification card, as required under subsection (a). The director of finance, chief of police, any police officer, or any law enforcement officer shall be deemed to have booted a motor vehicle after having securely applied or caused to be applied a wheel boot to the motor vehicle and posting a notice upon the motor vehicle, setting forth the fact that a wheel boot has been applied for failure to display a valid insurance identification card, as required under subsection (a), and warning all other persons from tampering with the motor vehicle. Any person who tampers with or disturbs any motor vehicle that has been booted pursuant to this section shall be fined not more than $500.

For purposes of this section, "wheel boot" shall have the same meaning as in section 291C-115(b)."

SECTION 2. Section 291C-115, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291C-115[]] Wheel boots prohibited. (a) It shall be unlawful for a person or entity[~~, including any county police department,~~] to apply or cause to be applied, a wheel boot to a motor vehicle located on any public or private street, roadway, or highway, as applicable, or on any public or private property, as applicable.

(b) For purposes of this section, "wheel boot" includes a tire lock, denver boot, wheel clamp, or wheel immobilizer.

(c) Any person[,] or entity[~~, or police department~~] violating this section shall be fined $100 for each application of a wheel boot.

(d) This section shall not apply to any county police department, state law enforcement agency, police officer, law enforcement officer, or the director of finance who applies or causes to be applied a wheel boot to a motor vehicle."

SECTION 3. Section 431:10C-104, Hawaii Revised Statutes, is amended to read as follows:

"§431:10C-104 Conditions of operation and registration of motor vehicles. (a) Except as provided in section 431:10C-105, no person shall operate or use a motor vehicle upon any public street, road, or highway of this State at any time unless such motor vehicle is insured at all times under a motor vehicle insurance policy.

(b) Every owner of a motor vehicle used or operated at any time upon any public street, road, or highway of this State shall obtain a motor vehicle insurance policy upon such vehicle which provides the coverage required by this article and shall maintain the motor vehicle insurance policy at all times for the entire motor vehicle registration period.

(d) The provisions of this article shall not apply to any vehicle owned by or registered in the name of any agency of the federal government, or to any antique motor vehicle as defined in section 249-1.

(e) Notwithstanding any other law to the contrary, if a person fails to display a valid insurance identification card required under subsection (a), the director of finance, any police officer, or any law enforcement officer may apply or apply or cause to be applied a wheel boot to the motor vehicle. The motor vehicle shall be subject to redemption by its owner only after paying the applicable charges incident to the booting of the motor vehicle and by showing a valid insurance identification card, as required under subsection (a). The director of finance, chief of police, any police officer, or any law enforcement officer shall be deemed to have booted a motor vehicle after having securely applied or caused to be applied a wheel boot to the motor vehicle and posting a notice upon the motor vehicle, setting forth the fact that a wheel boot has been applied for failure to display a valid insurance identification card, as required under subsection (a), and warning all other persons from tampering with the motor vehicle. Any person who tampers with or disturbs any motor vehicle that has been booted pursuant to this section shall be fined not more than $500.

For purposes of this section, "wheel boot" shall have the same meaning as in section 291C-115(b)."

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.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2616
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII