Report Title:

Commercial Driver Licensing; Armed Forces

Description:

Specifically includes commercial driver licensing in the law exempting members of the armed forces from certain licensing regulations while on active duty. Also automatically reactivates the expired licenses for returning active duty armed forces members for 45 days.

THE SENATE

S.B. NO.

2007

TWENTY-THIRD LEGISLATURE, 2006

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO COMMERCIAL DRIVER LICENSING.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that thousands of Hawaii's citizen soldiers are required to serve in two major military conflicts – Operation Iraqi Freedom in Iraq and Operation Enduring Freedom in Afghanistan. In support of these troops, the legislature passed Act 170, Session Laws of Hawaii 2005, to assist troops with state licensing restoration laws.

The purpose of this Act is to provide further assistance to returning active duty armed forces, national guard, and reserve members by specifically providing assistance to military personnel with commercial drivers licenses and to provide a forty-five-day grace period in which to reactivate expired licenses for returning active duty armed forces members.

SECTION 2. Section 286-239.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Unless revoked or suspended, and except as provided in subsection (b)[,] and section 436B-14.5, any commercial driver's license that has expired under section 286-239 may be reactivated by the licensee in accordance with the requirements and procedures set forth for the renewal of commercial drivers' licenses under section 286-239(h). No person seeking reactivation of an expired commercial driver's license under this subsection shall be required to undergo reexamination of the person's driving skills under section 286-236. The examiner of drivers shall require the holder of an expired commercial driver's license to pay a reactivation fee of $5 for each thirty-day period, or fraction thereof, that has elapsed after a ninety-day grace period."

SECTION 3. Section 436B-14.5, Hawaii Revised Statutes, is amended by amending subsections (a) to read as follows:

"(a) Notwithstanding any other law to the contrary, any license, including a commercial driver's license under chapter 286, part XII, held by a member of the armed forces, national guard, or a reserve component that expires, is forfeited, or deemed delinquent while the member is on active duty and deployed during a state or national crisis shall be restored under the restoration requirements provided in this section[.]; provided that, notwithstanding any other law to the contrary, the expired commercial driver's license of a member returning to non-active duty status shall be valid for forty-five days following the member's return from active duty status.

For the purposes of this section, "state or national crisis" includes but is not limited to:

(1) A situation requiring the proper defense of nation or state;

(2) A federal or state disaster or emergency;

(3) A terrorist threat; or

(4) A homeland security or homeland defense event or action."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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