STAND. COM. REP. NO. 925

 

Honolulu, Hawaii

 

RE: H.B. No. 1007

H.D. 1

S.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

 

Madam:

 

Your Committee on Transportation, to which was referred H.B. No. 1007, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO MOTOR VEHICLE DRIVER LICENSING,"

 

begs leave to report as follows:

 

The purpose and intent of this measure is to create a limited purpose driver's license, limited purpose provisional driver's license, and limited purpose instruction permit.

 

Your Committee received testimony in support of this measure from the Department of Transportation; Hawaii State Commission on the Status of Women; Hawaii Civil Rights Commission; Hawaii Appleseed Center for Law and Economic Justice; Catholic Charities Hawaii; Protecting Hawaii's Ohana, Children, Under Served, Elderly And Disabled (PHOCUSED); Hawaii Coalition for Immigration Reform; Faith Action for Community Equity (FACE); HealthyPacific.Org; Aloha DREAM Team; Planned Parenthood of Hawaii; Filipino American Citizens League; Hawaii Conference of the United Church of Christ; Filipino Coalition for Solidarity; Nursing Advocates & Mentors, Inc.; Hawaii Friends for Civil Rights; National Federation of Filipino American Associations Region 12; American Civil Liberties Union of Hawaii; American Immigration Lawyers Association - Hawaii Chapter; and six individuals. Your Committee received testimony in opposition to this measure from the Hawaii County Police Department.

Your Committee received comments on this measure from the Hawaii Insurers Council.

 

Your Committee finds that under the federal REAL ID Act of 2005, Pub. L. No. 109-13, states are required to comply with federally mandated eligibility criteria in issuing driver's licenses, including requiring proof of lawful presence in the United States.  As a consequence, an individual who does not submit satisfactory evidence of lawful presence cannot legally operate a motor vehicle.  The REAL ID Act, however, does allow states to issue specialized driver's licenses to individuals who do not meet the restrictive requirements of REAL ID.  Adopting this allowance is critical.  Since 2010, when the State implemented the federal law's restrictive requirements for proof of authorized presence, the reality has become that a significant number of Hawaii residents who do not possess the necessary documentation are operating motor vehicles without a license, and thus without the mandatory insurance, in order to perform essential daily activities.

 

Your Committee further finds that the current law needs to be revised and updated to allow for proper review and certification of all motorists in Hawaii, including resident immigrants without documentation of authorized presence.  Allowing all age-qualifying residents to obtain limited purpose driver's licenses will improve public safety by ensuring that all drivers are tested for driving skills and able to acquire motor vehicle insurance.

 

Your Committee has amended this measure by deleting its contents and inserting the contents of S.B. No. 683, S.D. 2, a substantially similar measure, which:

 

(1) Creates a limited purpose driver's license, limited purpose provisional driver's license, and limited purpose instruction permit to persons who meet identification and residency requirements and who meet the other qualifications for licensure, but who cannot provide proof of authorized presence in the United States;

 

(2) Provides that limited purpose driver's licenses, limited purpose provisional driver's licenses, and limited purpose instruction permits shall not be acceptable for federal identification and voting purposes; and

 

(3) Requires satisfactory proof of identity and Hawaii residency.

 

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. 1007, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1007, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary and Labor.

 

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

 

 

 

________________________________

CLARENCE K. NISHIHARA, Chair