STAND. COM. REP. NO.  424-10

Honolulu, Hawaii

                , 2010

RE:   H.B. No. 2371

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Sir:

     Your Committee on Transportation, to which was referred H.B. No. 2371 entitled:

"A BILL FOR AN ACT RELATING TO MOTOR CARRIERS,"

begs leave to report as follows:

     The purpose of this bill is to clarify that an owner of a commercial motor vehicle having a United States Department of Transportation (USDOT) number for interstate commerce, as required by the USDOT, shall be allowed to enter harbors of the State for the purpose of transportation of goods interstate.

     The Department of Transportation (DOT) opposed this bill.  The Hawaii Transportation Association submitted comments.

     Your Committee recognizes that geographic barriers prohibit Hawaii's truckers from traveling interstate, so the requirement for local truckers to obtain USDOT numbers for interstate commerce to be allowed harbor access seems to be a hardship.  However, while DOT has expressed its concerns regarding the possible loss of federal grants if this law were to be enacted and that the USDOT considers any carrier hauling commodities shipped from out-of-state or that will be shipped out-of-state to be an interstate carrier, your Committee finds that further discussion of the issue is warranted.

     Your Committee has amended this bill by:

(1)  Allowing a motor vehicle with a USDOT number for intrastate commerce, rather than interstate commerce, to enter a commercial harbor; and

(2)  Prohibiting DOT from requiring a USDOT number for interstate commerce, rather than intrastate commerce, to enter a commercial harbor.

     As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2371, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2371, H.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

JOSEPH M. SOUKI, Chair