STAND. COM. REP. NO.  196-10

Honolulu, Hawaii

                , 2010

RE:   H.B. No. 134

      H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 134, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO MOTOR VEHICLE DRIVER LICENSING,"

begs leave to report as follows:

     The purpose of this bill is to ensure that persons with a driver's license possess the legal status needed to obtain and retain one by:

     (1)  Requiring an applicant for a driver's license and instruction permit to submit proof that the applicant is legally in the United States (U.S.); and

     (2)  Providing that legal immigrant licenses expire no later than the date of the legal immigrant's authorized period of stay in the U.S.

     This bill also authorizes the Director of Transportation (Director) to:

     (1)  Adopt rules to provide an exemption to the proof of U.S. presence requirements; and

     (2)  Establish a verification fee.

     The Department of Transportation supported this bill.  The American Civil Liberties Union of Hawaii opposed this measure.

     Your Committee has amended this bill by:

     (1)  Requiring the Director to adopt rules for standards of proof and for exemptions from the proof of legal presence requirement;

     (2)  Requiring the Director to establish by rule a standard fee for all driver license applicants who require verification of presence in the U.S. through the federal system;

     (3)  Changing the effective date to December 21, 2058, to encourage further discussion; and

     (4)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 134, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 134, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

JON RIKI KARAMATSU, Chair