STAND. COM. REP. NO. 774

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 979

       S.D. 2

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam:

 

     Your Committee on Judiciary and Government Operations, to which was referred S.B. No. 979, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO COMMERCIAL DRIVERS,"

 

begs leave to report as follows:

 

     The purpose of this measure is to prohibit a court from granting a restricted license to a commercial driver if the commercial driver is convicted of operating a vehicle under the influence of an intoxicant.

 

     In addition, the measure specifically limits the court's authority to grant a restricted license to a person convicted of operating a vehicle under the influence of an intoxicant, to only category (1), (2), and (3) licenses.

 

     Your Committee finds that this measure is required to conform to federal regulations relating to commercial driver licenses.  Under current law, the court may order license restriction on a driver of any category of motor vehicle.  This measure clarifies that only non-commercial driver licenses are subject to license restriction to allow the driver to continue to drive for limited purposes.  Therefore, commercial drivers are not eligible for the issuance of a restricted license by a court.

 

     The intent of this measure is to disallow an unsafe commercial driver to continue to pose a risk to motorists and other roadway users.

 

     Your Committee has amended this measure by changing the effective date to July 1, 2050 to continue the discussions.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 979, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 979, S.D. 2.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Government Operations,

 

 

 

____________________________

BRIAN T. TANIGUCHI, Chair