STAND. COM. REP. 2854
Honolulu, Hawaii
, 2004
RE: S.B. No. 2995
S.D. 2
Honorable Robert Bunda
President of the Senate
Twenty-Second State Legislature
Regular Session of 2004
State of Hawaii
Sir:
Your Committee on Ways and Means, to which was referred S.B. No. 2995, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO COMMERCIAL DRIVER LICENSING,"
begs leave to report as follows:
The purpose of this measure is to improve commercial motor vehicle safety by adopting the congressionally mandated changes of the Motor Carrier Safety Improvement Act of 1999.
The revisions adopted by the United States Congress, as contained in this measure, are designed to ensure that only safe drivers can drive commercial motor vehicles. The primary purpose of those changes is to reduce the number of truck-related crashes by suspending or disqualifying more commercial vehicle drivers for violation of new disqualifying offenses or commission of serious traffic violations.
Your Committee has amended this measure as follows:
(1) By deleting section 1, (and renumbering the remaining sections) which would amend section 286-102(b), Hawaii Revised Statutes, because that section applies to all driver's licenses, not just commercial driver's licenses, and thus exceeds the scope of the bill's title in violation of article II, section 14 of the state constitution and because the bill already proposes to add the substance of this amendment to section 286-239(e), Hawaii Revised Statutes, (relating to commercial driver's license) by section 8 of the bill;
(2) By deleting the proposed definition of "driving a commercial motor vehicle while under the influence of an intoxicant", at page 5, lines 6-17, because this term is not used anywhere else in the bill or in the Hawaii Revised Statutes;
(3) By clarifying the definition of "serious traffic violation" at page 9, lines 1-7;
(4) By clarifying the language at page 15, lines 5-8, used to refer to homicide offenses involving use of a motor vehicle;
(5) By deleting the proposed addition of subsection (b) to section 286-44(b), Hawaii Revised Statutes, at page 20, lines 3-10, because the language would apply to a holder of any type of driver's license and thus exceed the scope of the bill's title;
(6) By clarifying at page 23, lines 5-9, that only a motor carrier that is the employer or prospective employer of a driver may obtain that driver's record;
(7) By clarifying at page 25, lines 5-7, the references to commercial driver's licensees from whom may be withheld a conditional license permit subsequent to an administrative license revocation pursuant to section 291E-44, Hawaii Revised Statutes; and
(8) By making technical, nonsubstantive changes.
As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2995, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2995, S.D. 2.
Respectfully submitted on behalf of the members of the Committee on Ways and Means,
____________________________ BRIAN T. TANIGUCHI, Chair |
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