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HB668
HOUSE OF REPRESENTATIVES
H.B. NO.
668
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
Relating
to motor vehicle insurance
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1
.
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Section
431:10C-117, Hawaii Revised Statutes, is amended by amending subsection (a) to
read as follows:
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"(a)(1)
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Any person
subject to this article in the capacity of the operator, owner, or registrant
of a motor vehicle operated in this State, or registered in this State, who
violates any applicable provision of this article, shall be subject to citation
for the violation by any county police department in a form and manner approved
by the traffic and emergency period violations bureau of the district court of
the first circuit;
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(2)
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Notwithstanding
any provision of the Hawaii Penal Code:
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(A)
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Each violation
shall be deemed a separate offense and shall be subject to a fine of not less
than $100 nor more than $5,000 which shall not be suspended except as provided
in subparagraph (B); and
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(B)
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If the person is
convicted of not having had a motor vehicle insurance policy in effect at the
time the citation was issued, the fine shall be $500 for the first offense and
a minimum of $2,000 for each subsequent offense that occurs within a five-year
period from any prior offense; provided that the court:
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(i)
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Shall have the
discretion to suspend all or any portion of the fine if the defendant provides
proof of having a current motor vehicle insurance policy; [
provided further
that upon
]
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(ii)
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Upon
the defendant's request, [
the court
] may grant community service in lieu
of the fine, of no less than seventy-five hours and no more than one hundred
hours for the first offense, and not less than two hundred hours nor more than
two hundred seventy-five hours for the second offense; [
and
]
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[
(ii)
]
(iii)
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May
grant community service in lieu of the fine for subsequent offenses at the
court's discretion;
and
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(iv)
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Shall,
in addition to the fine imposed by this subparagraph, suspend the driver's
license of the driver or of the registered owner for six months for the first
conviction and two years for any subsequent offense within a five-year period
from a previous offense; provided that the driver or the registered owner shall
not be required to obtain proof of financial responsibility pursuant to section
287‑20;
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(3)
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In addition to the
fine in paragraph [
(2),
]
(2)(A),
the court shall either:
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(A)
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Suspend the
driver's license of the driver or of the registered owner for:
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(i)
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Three months for
the first conviction; and
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(ii)
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One year for any
subsequent offense within a five-year period from a previous offense;
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provided that the driver or
the registered owner shall not be required to obtain proof of financial
responsibility pursuant to section 287‑20; or
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(B)
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Require the driver
or the registered owner to keep a nonrefundable motor vehicle insurance policy
in force for six months;
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(4)
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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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(5)
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Any person cited
under this section shall have an opportunity to present a good faith defense,
including lack of knowledge or proof of insurance; provided that the general
penalty provision of this section shall not apply to:
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(A)
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Any operator of a
motor vehicle owned by another person if the operator's own insurance covers
such driving;
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(B)
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Any operator of a motor
vehicle owned by that person's employer during the normal scope of that
person's employment; or
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(C)
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Any operator of a
borrowed motor vehicle if the operator holds a reasonable belief that the
subject vehicle is insured;
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(6)
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In the case of
multiple convictions for driving without a valid motor vehicle insurance policy
within a five-year period from any prior offense, the court, in addition to any
other penalty, shall impose the following penalties:
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(A)
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Imprisonment of no
more than thirty days;
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(B)
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Suspension or
revocation of the motor vehicle registration plates of the vehicle involved;
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(C)
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Impoundment, or
impoundment and sale, of the motor vehicle for the costs of storage and other
charges incident to seizure of the vehicle, or any other cost involved pursuant
to section 431:10C-301; or
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(D)
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Any combination of
those penalties; and
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(7)
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Any violation as
provided in paragraph (2)(B) shall not be deemed to be a traffic infraction as
defined by chapter 291D."
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SECTION 2.
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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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SECTION 3.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 4.
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This Act shall take effect on July 1, 2025.
INTRODUCED BY:
_____________________________
Report Title:
Motor
Vehicle Insurance; Suspension; Driver's License; Penalty
Description:
Makes
mandatory the suspension of the driver's license of a driver or registered
owner of a vehicle for operating a motor vehicle without a motor vehicle
insurance policy.
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The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.