STAND. COM. REP. NO. 991

Honolulu, Hawaii

, 2005

RE: S.B. No. 845

S.D. 2

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 845, 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 conform various provisions of chapter 286, Hawaii Revised Statutes, to the requirements of the federal law governing commercial driver licensing.

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 other provisions of federal law. The Federal Motor Carrier Safety Administration has reviewed Hawaii law to ensure consistency with federal law. This measure includes the changes recommended by the federal government.

Your Committee finds that failure to enact this measure may result in the loss of approximately $4,900,000 or five per cent of federal-aid highway funds, based upon fiscal year 2004, for the first year of non-compliance, and $9,800,000 or ten per cent 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 to:

(1) Clarify that a commercial driver's license with a hazardous materials endorsement shall expire when the endorsement expires;

(2) Change the effective date of the Act from October 1, 2005, to September 30, 2005, to ensure that the amendments to Act 103, Session Laws of Hawaii, take effect by the deadline for compliance with the Motor Carrier Safety Improvement Act of 1999; and

(3) Make other technical nonsubstantive amendments for the purposes of clarity and style.

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. 845, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 845, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

BRIAN T. TANIGUCHI, Chair