STAND. COM. REP. NO.  202-08

Honolulu, Hawaii

                , 2008

RE:   H.B. No. 96

      H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 96, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO GOVERNMENT,"

begs leave to report as follows:

     The purpose of this bill is to promote the safe operation of commercial vehicles by requiring county examiners of drivers and inspection stations to conduct random drug and alcohol tests for commercial drivers.

     The Department of Customer Services of the City and County of Honolulu testified in opposition of this bill.

     Concerns were raised as to whether the counties have the resources to conduct the random drug and alcohol tests required by this bill.  It was also pointed out that commercial drivers are already subject to random alcohol and controlled substance testing under federal law.

     Accordingly, your Committee has amended this bill by replacing its provisions with those that:

     (1)  Require commercial drivers, while operating a commercial motor vehicle, to possess proof of their most recent alcohol and controlled substance test taken pursuant to Title 49 Code of Federal Regulations Section 382.305;

     (2)  Require commercial drivers to present such proof of testing at the time of inspection at weight stations conducted under Title 23 Code of Federal Regulations Part 658; and

     (3)  Disqualify violators of these new provisions from driving commercial motor vehicles for an unspecified period of time, depending on the number of violations.

Your Committee requests the Committee on Transportation, in considering further action on this bill, to explore the feasibility of requiring commercial drivers:

(1)  To carry a card prescribed by the Department of Transportation and indicating the successful passage of drug and alcohol testing within the past three years; and

(2)  To present such cards:

(A)  Upon demand by a law enforcement officer; and

(B)  As a condition of initial and subsequent renewal of that person's commercial driver's license.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 96, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 96, H.D. 2, and be referred to the Committee on Transportation.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

ROBERT N. HERKES, Chair