STAND. COM. REP. NO. 1262

Honolulu, Hawaii

RE:    H.B. No. 1094

       H.D. 1

       S.D. 2

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 1094, H.D. 1, S.D. 1, entitled:

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

begs leave to report as follows:

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

     Your Committee finds that the amendments to the existing state laws pertaining to the issuance and maintenance of commercial driver's licenses contained in this measure are necessary for the State to remain compliant with controlling federal law in this area.  Your Committee notes that this measure clarifies the Examiner of Drivers' Authority to impose administrative penalties, including the downgrade or revocation of a commercial driver's license, for the licensee's noncompliance with federal documentary requirements or for conviction of certain criminal offenses related to motor vehicle operation.  Your Committee further finds that failure to adopt the amendments proposed by this measure will result in noncompliance by the State with federal law and withholding of significant amounts of federal funding to the State for each year that the State remains out of compliance.

     Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1094, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1094, H.D. 1, S.D. 2.

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

____________________________

CLAYTON HEE, Chair