STAND. COM. REP. NO. 2536

Honolulu, Hawaii

RE: S.B. No. 2233

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committees on Transportation and Commerce, Consumer Protection, and Health, to which was referred S.B. No. 2233 entitled:

"A BILL FOR AN ACT RELATING TO COMMERCIAL MOTOR VEHICLES,"

beg leave to report as follows:

The purpose and intent of this measure is to bring Hawaii law into conformance with federal law by permanently disqualifying from operating a commercial motor vehicle, individuals convicted of a felony involving a "severe form of trafficking in persons" as defined in federal law while operating a commercial motor vehicle.

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

Your Committees find that effective September 23, 2019, the Federal Motor Carrier Safety Administration amended 49 Code of Federal Regulations parts 383 and 384 to permanently disqualify from driving a commercial motor vehicle, individuals convicted of a felony involving a "severe form of trafficking in persons", as defined in 22 United States Code 7102(11) while operating a commercial motor vehicle. The amendments also mandate states to comply with the changes. Your Committees further find that the amendment sets a deadline of three years from the effective date of September 23, 2019 for states to come into substantial compliance with the Act as required by 49 United States Code 31311(a)(15) which reads, "The State shall disqualify an individual from operating a commercial motor vehicle for the same reasons and time periods for which the Secretary shall disqualify the individual under subsection (b)–(e), (i)(1)(A) and (i)(2) of section 31310." Your Committees further find that the Hawaii Revised Statutes would be clearer by adding the federal definition of "severe forms of trafficking in persons".

Your Committees have amended this measure by:

(1) Adding a definition of "severe forms of trafficking in persons"; and

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

As affirmed by the records of votes of the members of your Committees on Transportation and Commerce, Consumer Protection, and Health that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2233, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2233, S.D. 1, and be referred to your Committee on Judiciary.

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

________________________________ ROSALYN H. BAKER, Chair

________________________________ LORRAINE R. INOUYE, Chair