STAND. COM. REP. NO. 544

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1211

       S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

 

Sir:

 

     Your Committee on Transportation, to which was referred S.B. No. 1211 entitled:

 

"A BILL FOR AN ACT RELATING TO MOTOR CARRIERS,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to repeal section 286-208, Hawaii Revised Statutes, which provides exemptions for vehicles used by farmers from the motor carrier safety law.

 

     Your Committee received testimony in support of this measure from the Department of Transportation.

 

     Your Committee finds that existing state law is superseded by title 49 Code of Federal Regulations sections 390.5 and 390.39, both of which have been adopted by the State under chapter 19-141, Hawaii Administrative Rules.  This measure will repeal this outdated statute.  According to testimony received by your Committee, failure to enact this measure could disqualify Hawaii from receiving $1,200,000 in federal Motor Carrier Safety Assistance Program funds annually.  Although the Department of Transportation is currently working to establish new exemptions for farmers to continue their current practice of traversing through public highways to reach unconnected farmlands, your Committee notes that there are no existing exemptions nor administrative rules that would authorize farmers to use vehicles outside of the federal covered farm vehicles exemption.  Your Committee believes that these issues merit further discussion and requests that your Committee on Judiciary further examine this concern, should this measure proceed.

 

     Your Committee has amended this measure by inserting an effective date of January 1, 2050, to encourage further discussion.

 

     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 S.B. No. 1211, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1211, S.D. 1, and be referred to your Committee on Judiciary.

 

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

 

 

 

________________________________

CHRIS LEE, Chair