Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred H.B. No. 2302 entitled:

begs leave to report as follows:

The purpose of this bill is to provide judges with the discretion to permit individuals, with certain driving and traffic sentences, to obtain a temporary driver's license or instruction permit, where good cause is shown.

The Judiciary and the Honolulu Police Department submitted comments in support of this measure. The City and County of Honolulu supported the intent of the bill. The Department of Transportation (DOT) testified in opposition to this measure.

Current licensing law creates a catch 22 situation with respect to the many individuals who presently cannot renew their driver's licenses due to outstanding traffic fines. Since a person without a valid license cannot legally operate a motor vehicle, these individuals, especially those on the Neighbor Islands, are unable to get to work. Without the use of their cars or any viable means of public transportation, these individuals find themselves unable to make the money necessary to pay off their traffic fines.

However, your Committee understands the concerns raised by DOT that this bill may conflict with federal law regarding the issuance of Commercial Driver Licenses (CDLs).

Accordingly, your Committee has amended this measure by not extending its benefits to applicants.

As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2302, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2302, H.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.