Honolulu, Hawaii

                , 2009


RE:   H.B. No. 134

      H.D. 1





Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii




     Your Committee on Transportation, to which was referred H.B. No. 134 entitled:




begs leave to report as follows:


     The purpose of this bill is to ensure that persons with a driver's license possess the legal status needed to obtain and retain one by:


     (1)  Requiring an applicant for a driver's license and instruction permit to submit proof that the applicant is legally in the United States; and


     (2)  Providing that legal immigrant licenses expire no later than the date of the legal immigrant's authorized period of stay in the United States.


     The Department of Customer Services of the City and County of Honolulu testified in support of this bill.  The Department of Transportation supported the intent of this measure.  The American Civil Liberties Union of Hawaii and several concerned individuals opposed this bill.  The Hawaii Immigrant Justice Center submitted comments.


     Your Committee understands that the intent of this bill is to ensure the lawful presence in the United States of applicants applying for a driver's license or operating permit and that Hawaii is one of only six states that do not have a legal presence law.  While your Committee notes that concerns still remain regarding the effect this measure will have on Hawaii's legal immigrant population, these questions and concerns can be scrutinized further as the bill moves through the legislative process.


     Your Committee has amended this bill by:


     (1)  Authorizing the Director of Transportation (Director) to adopt rules for an exemption from the proof of legal presence requirement;


     (2)  Authorizing the Director to establish a fee for all driver license applicants who require verification of presence in the United States through the federal system;


     (3)  Establishing a mechanism for the payment of these fees and disbursement of revenues to the counties for administration purposes;


     (4)  Changing its effective date to January 11, 2010, to allow the Department of Information Technology of the City and County of Honolulu to establish connectivity with the federal computer system, program county computers, and conduct testing of the system; and


     (5)  Making technical, nonsubstantive amendments for clarity, consistency, and style.


     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. 134, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 134, H.D. 1, and be referred to the Committee on Judiciary.


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