STAND. COM. REP. NO. 415-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2520

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2520 entitled:

"A BILL FOR AN ACT RELATING TO COMMERCIAL DRIVER LICENSING,"

begs leave to report as follows:

The purpose of the bill is to improve commercial motor vehicle safety and continue to qualify for federal funds by adopting congressionally mandated changes to the Motor Carrier Safety Improvement Act of 1999.

The Department of Transportation, Department of Human Resources Development, and Honolulu Police Department testified in support of the measure. The Department of Customer Services of the City and County of Honolulu agreed with the intent of the measure but had several concerns. The Judiciary commented on the measure, expressed their concerns, and suggested amendments.

Your Committee finds that this measure will bring state law into compliance with recent federal legislation in the area of commercial driver's licensing.

Your Committee has amended this bill by:

(1) Providing that an individual who provides proof in the court having proper jurisdiction that the individual held a valid driver's license on the date of the

citation shall not be guilty of driving a commercial motor vehicle without a commercial driver's license in the driver's possession;

(2) Clarifying that the examiner of drivers may waive the driving skills test for a commercial driver's license applicant who meet the requirements of 49 Code of Federal Regulations, Section 383.123(b);

(3) Changing the time within which the Judiciary or examiner of drivers must make available to designated users, information from any driver's history record, from ten days to within a reasonable time;

(4) Changing the effective dates for sections 1, 5, and 7 to October 18, 2004;

(5) Making technical and nonsubstantive changes for style and clarity.

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 H.B. No. 2520, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2520, H.D. 1, and be referred to the Committee on Finance.

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

 

____________________________

ERIC G. HAMAKAWA, Chair