Honolulu, Hawaii



RE:    H.B. No. 134

       H.D. 2

       S.D. 1




Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii




     Your Committee on Transportation, International and Intergovernmental Affairs, to which was referred H.B. No. 134, H.D. 2, entitled:




begs leave to report as follows:


     The purpose of this measure is to prohibit the Examiner of Drivers from issuing any license to any applicant who does not submit satisfactory proof that the applicant's presence in the United States is authorized by federal law.


     This measure also:


     (1)  Clarifies that if the licensee or instruction permittee is a legal immigrant, the license or permit shall expire no later than the licensee or permittee's authorized period of stay in the United States;


     (2)  Requires the Director of Transportation to establish by rule a standard fee, to be deposited into the State Highway Fund, for all driver license applicants who require verification through the federal system that their presence in the United States is authorized by federal law; and


     (3)  Requires the State to reimburse the counties for all costs of verification through the federal system in amounts to be determined by the Director of Transportation.


     Your Committee received testimony in support of this measure from the Department of Transportation and the City and County of Honolulu.  Testimony in opposition was received from the American Civil Liberties Union of Hawaii.  Written testimony presented to the Committee may be reviewed on the Legislature's website.


     Your Committee finds that Hawaii is one of four states that have not enacted a law to require proof of legal presence in the United States as a prerequisite for obtaining a driver's license.  Enactment of this measure is necessary for the federal government to recognize the Hawaii driver license as proof of identity for boarding aircraft and entering federal buildings.


     Your Committee has amended this measure by:


     (1)  Changing the effective date to upon approval and adding a proviso to the effective date to clarify that the amendments made to section 286-106, Hawaii Revised Statutes, shall not be repealed when that section is reenacted on January 11, 2011, pursuant to Act 72, Session Laws of Hawaii 2005; and


     (2)  Making technical, nonsubstantive amendments.


     As affirmed by the record of votes of the members of your Committee on Transportation, International and Intergovernmental Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 134, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 134, H.D. 2, S.D. 1, and be referred to the Committee on Judiciary and Government Operations.


Respectfully submitted on behalf of the members of the Committee on Transportation, International and Intergovernmental Affairs,