Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Transportation and Government Operations, to which was referred S.B. No. 845 entitled:

begs leave to report as follows:

The purpose of this measure is to conform Hawaii traffic violations law to the requirements of the federal commercial driver licensing laws.

Your Committee received testimony in support of this measure from the Department of Transportation, Department of Human Resources Development, and Hawaii Transportation Association. Comments were received from the Judiciary.

The intent of this measure is to make revisions to certain sections of Act 103, Session Laws of Hawaii 2004, which takes effect September 30, 2005, to correct substantive deficiencies identified subsequent to the enactment of Act 103. This measure also makes additional amendments to conform with the federal law, Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, better known as the USA Patriot Act (Public Law 107-56, 2001). The Federal Motor Carrier Safety Administration has reviewed Hawaii law to ensure consistency with federal law. This measure includes the recommended changes by the federal government.

Your Committee finds that failure to enact this measure may result in the loss of approximately $4.9 million or five percent of federal-aid highway funds, based upon fiscal year 2004, for the first year of non-compliance, and $9.8 million or ten percent per year thereafter. Motor Carrier Safety Assistance Program grants may also be at risk as a result of noncompliance.

Your Committee has amended this measure by:

As affirmed by the record of votes of the members of your Committee on Transportation and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 845, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 845, S.D. 1, and be referred to the Committee on Ways and Means.