STAND. COM. REP. NO. 875

Honolulu, Hawaii

RE:    H.B. No. 1094

       H.D. 1

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committees on Commerce and Consumer Protection and Transportation and International Affairs, to which was referred H.B. No. 1094, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO COMMERCIAL DRIVER LICENSING,"

beg leave to report as follows:

     The purpose and intent of this measure is to amend the licensing process and medical requirements for commercial driver's licensing to comply with the Federal Motor Carrier Safety Regulations.

     Your Committees received testimony in support of this measure from the Hawaii Transportation Association.

     Your Committees find that the amendments to existing state law proposed by this measure are necessary to comply with the requirements of the Federal Motor Carrier Safety Regulations.  Specifically, your Committees find that this measure will allow the examiner of drivers to withhold the authority to operate under a commercial driver's license from individuals who do not meet the medical criteria required to ensure safe operation of a commercial motor vehicle.  Your Committees note that failure to make the amendments to existing law proposed by this measure will result in noncompliance with controlling federal regulations and will subject the State to significant penalties in the form of the withholding of federal funds each year that the State remains out of compliance.

     Your Committees have amended this measure by:

     (1)  Inserting an effective date of July 1, 2011; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Commerce and Consumer Protection and Transportation and International Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1094, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1094, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committees on Commerce and Consumer Protection and Transportation and International Affairs,

____________________________ J. KALANI ENGLISH, Chair

____________________________ ROSALYN H. BAKER, Chair