Bill Text: HI HB1681 | 2024 | Regular Session | Introduced
Bill Title: Relating To Motor Carriers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-01-24 - Referred to CPC, FIN, referral sheet 1 [HB1681 Detail]
Download: Hawaii-2024-HB1681-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1681 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to motor carriers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
""Transportation
of persons" includes every service in connection with or incidental to the
safety, comfort, or convenience of persons transported and the receipt,
carriage, and delivery of these persons and their baggage.
"Transportation of property" includes every service in connection with or incidental to the transportation of property, including its receipt, delivery, elevation, transfer, carriage, ventilation, refrigeration, icing, dunnage, storage in transit, handling, and consolidation for the purposes of forwarding within the State."
SECTION 2. Section 46-1.5, Hawaii Revised Statutes, is amended to read as follows:
"§46-1.5 General powers
and limitation of the counties. Subject
to general law, each county shall have the following powers and shall be
subject to the following liabilities and limitations:
(1) Each county shall have the power to frame and
adopt a charter for its own self-government that shall establish the county
executive, administrative, and legislative structure and organization,
including but not limited to the method of appointment or election of
officials, their duties, responsibilities, and compensation, and the terms of
their office;
(2) Each county shall have the power to provide
for and regulate the marking and lighting of all buildings and other structures
that may be obstructions or hazards to aerial navigation, so far as may be
necessary or proper for the protection and safeguarding of life, health, and
property;
(3) Each county shall have the power to enforce
all claims on behalf of the county and approve all lawful claims against the
county, but shall be prohibited from entering into, granting, or making in any
manner any contract, authorization, allowance payment, or liability contrary to
the provisions of any county charter or general law;
(4) Each county shall have the power to make
contracts and to do all things necessary and proper to carry into execution all
powers vested in the county or any county officer;
(5) Each county shall have the power to:
(A) Maintain channels, whether natural or
artificial, including their exits to the ocean, in suitable condition to carry
off storm waters;
(B) Remove from the channels, and from the shores
and beaches, any debris that is likely to create an unsanitary condition or
become a public nuisance; provided that, to the extent any of the foregoing
work is a private responsibility, the responsibility may be enforced by the
county in lieu of the work being done at public expense;
(C) Construct, acquire by gift, purchase, or by
the exercise of eminent domain, reconstruct, improve, better, extend, and
maintain projects or undertakings for the control of and protection against
floods and flood waters, including the power to drain and rehabilitate lands
already flooded;
(D) Enact zoning ordinances providing that lands
deemed subject to seasonable, periodic, or occasional flooding shall not be
used for residence or other purposes in a manner as to endanger the health or
safety of the occupants thereof, as required by the Federal Flood Insurance Act
of 1956 (chapter 1025, Public Law 1016); and
(E) Establish and charge user fees to create and
maintain any stormwater management system or infrastructure;
(6) Each county shall have the power to exercise
the power of condemnation by eminent domain when it is in the public interest
to do so;
(7) Each county shall have the power to exercise
regulatory powers over business activity as are assigned to them by chapter 445
or other general law;
(8) Each county shall have the power to fix the
fees and charges for all official services not otherwise provided for;
(9) Each county shall have the power to provide by
ordinance assessments for the improvement or maintenance of districts within
the county;
(10) Except as otherwise provided, no county shall have the power to give or loan credit to, or in aid of, any person or corporation, directly or indirectly, except for a public purpose;
(11) [Where
not within the jurisdiction of the public utilities commission, each] Each
county shall have the power to regulate by ordinance the operation of motor
vehicle common carriers transporting passengers within the county and adopt and
amend rules the county deems necessary for the public convenience and
necessity;
(12) Each county shall have the power to enact and enforce ordinances necessary to prevent or summarily remove public nuisances and to compel the clearing or removal of any public nuisance, refuse, and uncultivated undergrowth from streets, sidewalks, public places, and unoccupied lots. In connection with these powers, each county may impose and enforce liens upon the property for the cost to the county of removing and completing the necessary work where the property owners fail, after reasonable notice, to comply with the ordinances. The authority provided by this paragraph shall not be self-executing, but shall become fully effective within a county only upon the enactment or adoption by the county of appropriate and particular laws, ordinances, or rules defining "public nuisances" with respect to each county's respective circumstances. The counties shall provide the property owner with the opportunity to contest the summary action and to recover the owner's property;
(13) Each county shall have the power to enact ordinances deemed necessary to protect health, life, and property, and to preserve the order and security of the county and its inhabitants on any subject or matter not inconsistent with, or tending to defeat, the intent of any state statute where the statute does not disclose an express or implied intent that the statute shall be exclusive or uniform throughout the State;
(14) Each county shall have the power to:
(A) Make and enforce within the limits of the
county all necessary ordinances covering all:
(i) Local police matters;
(ii) Matters of sanitation;
(iii) Matters of inspection of buildings;
(iv) Matters of condemnation of unsafe structures,
plumbing, sewers, dairies, milk, fish, and morgues; and
(v) Matters of the collection and disposition of
rubbish and garbage;
(B) Provide exemptions for homeless facilities and
any other program for the homeless authorized by part XVII of chapter 346, for
all matters under this paragraph;
(C) Appoint county physicians and sanitary and
other inspectors as necessary to carry into effect ordinances made under this
paragraph, who shall have the same power as given by law to agents of the department
of health, subject only to limitations placed on them by the terms and
conditions of their appointments; and
(D) Fix a penalty for the violation of any
ordinance, which penalty may be a misdemeanor, petty misdemeanor, or violation
as defined by general law;
(15) Each county shall have the power to provide public pounds; to regulate the impounding of stray animals and fowl, and their disposition; and to provide for the appointment, powers, duties, and fees of animal control officers;
(16) Each county shall have the power to purchase and otherwise acquire, lease, and hold real and personal property within the defined boundaries of the county and to dispose of the real and personal property as the interests of the inhabitants of the county may require, except that:
(A) Any property held for school purposes may not
be disposed of without the consent of the superintendent of education;
(B) No property bordering the ocean shall be sold
or otherwise disposed of; and
(C) All proceeds from the sale of park lands shall
be expended only for the acquisition of property for park or recreational
purposes;
(17) Each county shall have the power to provide by charter for the prosecution of all offenses and to prosecute for offenses against the laws of the State under the authority of the attorney general of the State;
(18) Each county shall have the power to make appropriations in amounts deemed appropriate from any moneys in the treasury, for the purpose of:
(A) Community promotion and public celebrations;
(B) The entertainment of distinguished persons as
may from time to time visit the county;
(C) The entertainment of other distinguished
persons, as well as, public officials when deemed to be in the best interest of
the community; and
(D) The rendering of civic tribute to individuals
who, by virtue of their accomplishments and community service, merit civic
commendations, recognition, or remembrance;
(19) Each county shall have the power to:
(A) Construct, purchase, take on lease, lease, sublease,
or in any other manner acquire, manage, maintain, or dispose of buildings for
county purposes, sewers, sewer systems, pumping stations, waterworks, including
reservoirs, wells, pipelines, and other conduits for distributing water to the
public, lighting plants, and apparatus and appliances for lighting streets and
public buildings, and manage, regulate, and control the same;
(B) Regulate and control the location and quality
of all appliances necessary to the furnishing of water, heat, light, power,
telephone, and telecommunications service to the county;
(C) Acquire, regulate, and control any and all
appliances for the sprinkling and cleaning of the streets and the public ways,
and for flushing the sewers; and
(D) Open, close, construct, or maintain county
highways or charge toll on county highways; provided that all revenues received
from a toll charge shall be used for the construction or maintenance of county
highways;
(20) Each county shall have the power to regulate the renting, subletting, and rental conditions of property for places of abode by ordinance;
(21) Unless otherwise provided by law, each county shall have the power to establish by ordinance the order of succession of county officials in the event of a military or civil disaster;
(22) Each county shall have the power to sue and be sued in its corporate name;
(23) Each county shall have the power to:
(A) Establish and maintain waterworks and sewer works;
(B) Implement a sewer monitoring program that includes the inspection of sewer laterals that connect to county sewers, when those laterals are located on public or private property, after providing a property owner not less than ten calendar days' written notice, to detect leaks from laterals, infiltration, and inflow, any other law to the contrary notwithstanding;
(C) Compel an owner of private property upon which is located any sewer lateral that connects to a county sewer to inspect that lateral for leaks, infiltration, and inflow and to perform repairs as necessary;
(D) Collect rates for water supplied to consumers and for the use of sewers;
(E) Install water meters whenever deemed expedient; provided that owners of premises having vested water rights under existing laws appurtenant to the premises shall not be charged for the installation or use of the water meters on the premises; and
(F) Take over from the State existing waterworks systems, including water rights, pipelines, and other appurtenances belonging thereto, and sewer systems, and to enlarge, develop, and improve the same;
(G) For purposes of subparagraphs (B) and (C):
(i) "Infiltration" means groundwater, rainwater, and saltwater that enters the county sewer system through cracked, broken, or defective sewer laterals; and
(ii) "Inflow" means non-sewage entering the county sewer system via inappropriate or illegal connections;
(24) (A) Each
county may impose civil fines, in addition to criminal penalties, for any
violation of county ordinances or rules after reasonable notice and requests to
correct or cease the violation have been made upon the violator. Any administratively imposed civil fine shall
not be collected until after an opportunity for a hearing under chapter
91. Any appeal shall be filed within
thirty days from the date of the final written decision. These proceedings shall not be a prerequisite
for any civil fine or injunctive relief ordered by the circuit court;
(B) Each county by ordinance may provide for the
addition of any unpaid civil fines, ordered by any court of competent jurisdiction,
to any taxes, fees, or charges, with the exception of fees or charges for water
for residential use and sewer charges, collected by the county. Each county by ordinance may also provide for
the addition of any unpaid administratively imposed civil fines, which remain
due after all judicial review rights under section 91-14 are exhausted, to any
taxes, fees, or charges, with the exception of water for residential use and
sewer charges, collected by the county.
The ordinance shall specify the administrative procedures for the
addition of the unpaid civil fines to the eligible taxes, fees, or charges and
may require hearings or other proceedings.
After addition of the unpaid civil fines to the taxes, fees, or charges,
the unpaid civil fines shall not become a part of any taxes, fees, or
charges. The county by ordinance may
condition the issuance or renewal of a license, approval, or permit for which a
fee or charge is assessed, except for water for residential use and sewer
charges, on payment of the unpaid civil fines.
Upon recordation of a notice of unpaid civil fines in the bureau of
conveyances, the amount of the civil fines, including any increase in the
amount of the fine [which] that the county may assess, shall
constitute a lien upon all real property or rights to real property belonging
to any person liable for the unpaid civil fines. The lien in favor of the county shall be
subordinate to any lien in favor of any person recorded or registered prior to
the recordation of the notice of unpaid civil fines and senior to any lien
recorded or registered after the recordation of the notice. The lien shall continue until the unpaid
civil fines are paid in full or until a certificate of release or partial
release of the lien, prepared by the county at the owner's expense, is
recorded. The notice of unpaid civil
fines shall state the amount of the fine as of the date of the notice and
maximum permissible daily increase of the fine.
The county shall not be required to include a social security number,
state general excise taxpayer identification number, or federal employer
identification number on the notice.
Recordation of the notice in the bureau of conveyances shall be deemed,
at [such] the time, for all purposes and without any further
action, to procure a lien on land registered in land court under chapter
501. After the unpaid civil fines are
added to the taxes, fees, or charges as specified by county ordinance, the
unpaid civil fines shall be deemed immediately due, owing, and delinquent and
may be collected in any lawful manner.
The procedure for collection of unpaid civil fines authorized in this
paragraph shall be in addition to any other procedures for collection available
to the State and county by law or rules of the courts;
(C) Each county may impose civil fines upon any
person who places graffiti on any real or personal property owned, managed, or
maintained by the county. The fine may
be up to $1,000 or may be equal to the actual cost of having the damaged
property repaired or replaced. The
parent or guardian having custody of a minor who places graffiti on any real or
personal property owned, managed, or maintained by the county shall be jointly
and severally liable with the minor for any civil fines imposed hereunder. Any [such] fine may be
administratively imposed after an opportunity for a hearing under chapter 91,
but [such] a proceeding shall not be a prerequisite for any civil fine
ordered by any court. As used in this
subparagraph, "graffiti" means any unauthorized drawing, inscription,
figure, or mark of any type intentionally created by paint, ink, chalk, dye, or
similar substances;
(D) At the completion of an appeal in which the
county's enforcement action is affirmed and upon correction of the violation if
requested by the violator, the case shall be reviewed by the county agency that
imposed the civil fines to determine the appropriateness of the amount of the
civil fines that accrued while the appeal proceedings were pending. In its review of the amount of the accrued
fines, the county agency may consider:
(i) The nature and egregiousness of the violation;
(ii) The duration of the violation;
(iii) The number of recurring and other similar
violations;
(iv) Any effort taken by the violator to correct
the violation;
(v) The degree of involvement in causing or
continuing the violation;
(vi) Reasons for any delay in the completion of the
appeal; and
(vii) Other extenuating circumstances. The civil fine that is imposed by
administrative order after this review is completed and the violation is
corrected shall be subject to judicial review, notwithstanding any provisions
for administrative review in county charters;
(E) After completion of a review of the amount of
accrued civil fine by the county agency that imposed the fine, the amount of
the civil fine determined appropriate, including both the initial civil fine
and any accrued daily civil fine, shall immediately become due and collectible
following reasonable notice to the violator.
If no review of the accrued civil fine is requested, the amount of the
civil fine, not to exceed the total accrual of civil fine prior to correcting
the violation, shall immediately become due and collectible following
reasonable notice to the violator, at the completion of all appeal proceedings;
and
(F) If no county agency exists to conduct appeal
proceedings for a particular civil fine action taken by the county, then one
shall be established by ordinance before the county shall impose the civil
fine;
(25) Any law to the contrary notwithstanding, any county mayor, by executive order, may exempt donors, provider agencies, homeless facilities, and any other program for the homeless under part XVII of chapter 346 from real property taxes, water and sewer development fees, rates collected for water supplied to consumers and for use of sewers, and any other county taxes, charges, or fees; provided that any county may enact ordinances to regulate and grant the exemptions granted by this paragraph;
(26) Any county may establish a captive insurance company pursuant to article 19, chapter 431; and
(27) Each county shall have the power to enact and enforce ordinances regulating towing operations."
SECTION 3. Section 92-28, Hawaii Revised Statutes, is amended to read as follows:
"§such] the fee
or nontax revenue and the cost or value of services rendered, comparability
among fees imposed by the State, or any other purpose which it may deem
necessary and reasonable; provided that:
(1) The authority to increase or decrease
fees or nontax revenues shall be subject to the approval of the governor and
extend only to the following: chapters
36, 92, 94, 142, 144, 145, 147, 150, 171, 188, 189, 231, 269, [271,]
321, 338, 373, 412, 414, 414D, 415A, 417E, 419, 421, 421C, 421H, 421I, 425,
425E, 428, 431, 436E, 436H, 437, 437B, 440, 440E, 441, 442, 443B, 444, 447,
448, 448E, 448F, 448H, 451A, 451J, 452, 453, 453D, 455, 456, 457, 457A, 457B,
457G, 458, 459, 460J, 461, 461J, 462A, 463, 463E, 464, 465, 465D, 466, 466D,
466K, 467, 467E, 468E, 468L, 468M, 469, 471, 472, 482, 482E, 484, 485A, 501,
502, 505, 514B, 514E, 572, 574, and 846 (part II) and any board, commission,
program, or entity created pursuant to title 25 and assigned to the department
of commerce and consumer affairs or placed within the department for
administrative purposes;
(2) The authority to increase or decrease fees or nontax revenues under the chapters listed in paragraph (1) that are established by the department of commerce and consumer affairs shall apply to fees or nontax revenues established by statute or rule;
(3) The
authority to increase or decrease fees or nontax revenues established by the [University]
university of Hawaii under chapter 304A shall be subject to the approval
of the board of regents; provided that the board's approval of any increase or
decrease in tuition for regular credit courses shall be preceded by an open
public meeting held during or before the semester preceding the semester to which
the tuition applies;
(4) This section shall not apply to judicial fees as may be set by any chapter cited in this section;
(5) The authority to increase or decrease fees or nontax revenues pursuant to this section shall be exempt from the public notice and public hearing requirements of chapter 91; and
(6) Fees for copies of proposed and final rules and public notices of proposed rulemaking actions under chapter 91 shall not exceed 10 cents a page, as required by section 91-2.5."
SECTION 4. Section 239-2, Hawaii Revised Statutes, is amended by amending the definition of "motor carrier" to read as follows:
""Motor
carrier" means a common carrier or contract carrier transporting persons
or property for compensation on the public highways, other than a [public
utility or] taxicab."
SECTION 5. Section 269-1, Hawaii Revised Statutes, is amended as follows:
1. By repealing the definition of "enforcement officer":
[""Enforcement officer"
means any person employed and authorized by the commission to investigate any
matter on behalf of the commission. The
term also means a motor vehicle safety officer employed and assigned, pursuant
to section 271-38, by the department of transportation to enforce sections 271-8,
271-12, 271-13, 271-19, and 271-29 through assessment of civil penalties as
provided in section 271-27(h), (i), and (j)."]
2. By amending the definition of "public utility" to read:
""Public utility":
(1) Includes every person who may own, control, operate, or manage as owner, lessee, trustee, receiver, or otherwise, whether under a franchise, charter, license, articles of association, or otherwise, any plant or equipment, or any part thereof, directly or indirectly for public use for the transportation of passengers or freight; for the conveyance or transmission of telecommunications messages; for the furnishing of facilities for the transmission of intelligence by electricity within the State or between points within the State by land, water, or air; for the production, conveyance, transmission, delivery, or furnishing of light, power, heat, cold, water, gas, or oil; for the storage or warehousing of goods; or for the disposal of sewage; provided that the term shall include:
(A) An owner or operator of a private sewer company or sewer facility; and
(B) A telecommunications carrier or telecommunications common carrier; and
(2) Shall not include:
(A) An owner or operator of an aerial transportation enterprise;
(B) An owner or operator of a taxicab as defined in this section;
(C) Common carriers that transport only
freight on the public highways[, unless operating within localities, along
routes, or between points that the public utilities commission finds to be
inadequately serviced without regulation under this chapter];
(D) Persons engaged in the business of warehousing or storage unless the commission finds that regulation is necessary in the public interest;
(E) A carrier by water to the extent that the carrier enters into private contracts for towage, salvage, hauling, or carriage between points within the State; provided that the towing, salvage, hauling, or carriage is not pursuant to either an established schedule or an undertaking to perform carriage services on behalf of the public generally;
(F) A carrier by water, substantially engaged in interstate or foreign commerce, that transports passengers on luxury cruises between points within the State or on luxury round-trip cruises returning to the point of departure;
(G) Any user, owner, or operator of the Hawaii electric system as defined under section 269-141;
(H) A telecommunications provider only to the extent determined by the public utilities commission pursuant to section 269-16.9;
(I) Any person who controls, operates, or manages plants or facilities developed pursuant to chapter 167 for conveying, distributing, and transmitting water for irrigation and other purposes for public use and purpose;
(J) Any person who owns, controls, operates, or manages plants or facilities for the reclamation of wastewater; provided that:
(i) The services of the facility are provided pursuant to a service contract between the person and a state or county agency and at least ten per cent of the wastewater processed is used directly by the state or county agency that entered into the service contract;
(ii) The primary function of the facility is the processing of secondary treated wastewater that has been produced by a municipal wastewater treatment facility owned by a state or county agency;
(iii) The facility does not make sales of water to residential customers;
(iv) The facility may distribute and sell recycled or reclaimed water to entities not covered by a state or county service contract; provided that, in the absence of regulatory oversight and direct competition, the distribution and sale of recycled or reclaimed water shall be voluntary and its pricing fair and reasonable. For purposes of this subparagraph, "recycled water" and "reclaimed water" means treated wastewater that by design is intended or used for a beneficial purpose; and
(v) The facility is not engaged, either directly or indirectly, in the processing of food wastes;
(K) Any person who owns, controls, operates, or manages any seawater air conditioning district cooling project; provided that at least fifty per cent of the energy required for the seawater air conditioning district cooling system is provided by a renewable energy resource, such as cold, deep seawater;
(L) Any person who owns, controls, operates, or manages plants or facilities primarily used to charge or discharge a vehicle battery that provides power for vehicle propulsion;
(M) Any person who:
(i) Owns, controls, operates, or manages a renewable energy system that is located on a customer's property; and
(ii) Provides, sells, or transmits the power generated from that renewable energy system to an electric utility or to the customer on whose property the renewable energy system is located; provided that, for purposes of this subparagraph, a customer's property shall include all contiguous property owned or leased by the customer without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way, and utility rights-of-way; and
(N) Any person who owns, controls,
operates, or manages a renewable energy system that is located on [such]
the person's property and provides, sells, or transmits the power
generated from that renewable energy system to an electric utility or to
lessees or tenants on the person's property where the renewable energy system
is located; provided that:
(i) An interconnection, as defined in section 269-141, is maintained with an electric public utility to preserve the lessees' or tenants' ability to be served by an electric utility;
(ii) [Such] The person does
not use an electric public utility's transmission or distribution lines to
provide, sell, or transmit electricity to lessees or tenants;
(iii) At the time that the lease agreement is signed, the rate charged to the lessee or tenant for the power generated by the renewable energy system shall be no greater than the effective rate charged per kilowatt hour from the applicable electric utility schedule filed with the public utilities commission;
(iv) The rate schedule or formula shall be
established for the duration of the lease, and the lease agreement entered into
by the lessee or tenant shall reflect [such] the rate schedule or
formula;
(v) The lease agreement shall not abrogate any terms or conditions of applicable tariffs for termination of services for nonpayment of electric utility services or rules regarding health, safety, and welfare;
(vi) The lease agreement shall disclose: (1) the rate schedule or formula for the duration of the lease agreement; (2) that, at the time that the lease agreement is signed, the rate charged to the lessee or tenant for the power generated by the renewable energy system shall be no greater than the effective rate charged per kilowatt hour from the applicable electric utility schedule filed with the public utilities commission; (3) that the lease agreement shall not abrogate any terms or conditions of applicable tariffs for termination of services for nonpayment of electric utility services or rules regarding health, safety, and welfare; and (4) whether the lease is contingent upon the purchase of electricity from the renewable energy system; provided further that any disputes concerning the requirements of this provision shall be resolved pursuant to the provisions of the lease agreement or chapter 521, if applicable; and
(vii) Nothing in this section shall be construed to permit wheeling.
If
the application of this chapter is ordered by the commission in any case
provided in paragraph (2)[(C),] (D), (H), and (I), the business of any
public utility that presents evidence of bona fide operation on the date of the
commencement of the proceedings resulting in the order shall be presumed to be
necessary to the public convenience and necessity, but any certificate issued
under this proviso shall nevertheless be subject to terms and conditions as the
public utilities commission may prescribe, as provided in sections 269-16.9 and
269-20."
SECTION 6. Section 269-20, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) The commission may at any time suspend,
change or revoke such certificate in the manner provided in section [271‑19.]
271G-15."
SECTION 7. Section 269-33, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a)
There is established in the state treasury a public utilities commission
special fund to be administered by the public utilities commission. The proceeds of the fund shall be used by the
public utilities commission and the division of consumer advocacy of the
department of commerce and consumer affairs for all expenses incurred in the
administration of chapters 269, [271,] 271G, 269E, and 486J, and for
costs incurred by the department of commerce and consumer affairs to fulfill
the department's limited oversight and administrative support functions;
provided that the expenditures of the public utilities commission shall be in
accordance with legislative appropriations.
On a quarterly basis, an amount not exceeding thirty per cent of the
proceeds remaining in the fund after the deduction for central service
expenses, pursuant to section 36‑27, shall be allocated by the public
utilities commission to the division of consumer advocacy and deposited in the
compliance resolution fund established pursuant to section 26‑9(o);
provided that all moneys allocated by the public utilities commission from the
fund to the division of consumer advocacy shall be in accordance with
legislative appropriations.
(b) All moneys appropriated to, received, and
collected by the public utilities commission that are not otherwise pledged,
obligated, or required by law to be placed in any other special fund or
expended for any other purpose shall be deposited into the public utilities commission
special fund including, but not limited to, all moneys received and collected
by the public utilities commission pursuant to sections 92-21, 243-3.5, 269‑28,
269-30, [271-27, 271-36,] 271G-19, 269E-6, 269E-14, and 607-5."
SECTION 8. Section 279J-2, Hawaii Revised Statutes, is amended to read as follows:
"[[]§279J-2[]] Relation to other laws; commercial vehicle;
for-hire vehicle; registration; exemption.
[Neither a transportation network company nor transportation network
company driver shall be considered a
motor carrier under chapter 271.] No
transportation network company driver shall be required to register a
transportation network company vehicle as a commercial or for-hire vehicle."
SECTION 9. Section 286-207, Hawaii Revised Statutes, is amended to read as follows:
"§286-207 Exemptions, certain vehicles. This part shall not apply to the following vehicles, if such vehicles are in compliance with safety ordinances and rules of the county in which they operate and other applicable state safety laws and rules:
(1) Trucks, truck-trailers, trailers, or other nonpassenger carrying equipment having a gross vehicle weight rating of 10,000 pounds or less, except vehicles used in transporting material found by the United States Secretary of Transportation to be hazardous under 49 U.S.C. section 5103 and transported in a quantity requiring placarding under 49 C.F.R., subtitle B, chapter I, subchapter C;
(2) Taxicabs [as described in section 271-5(3)(B);] or
other motor vehicles utilized in performing a bona fide taxicab service. For purpose of this paragraph, "taxicab"
includes:
(A) Any motor vehicle used in the movement of passengers on the
public highways where the passenger hires the vehicle on call or at a fixed
stand, with or without baggage for transportation, and controls the vehicle to
the passenger's destination;
(B) Any motor vehicle for hire having seating accommodations
for eight or fewer passengers used in the movement of passengers on the public
highways that may, as part of a continuous trip, pick up or discharge
passengers from various unrelated locations; provided that they shall be
regulated by the counties in accordance with section 46-16.5(c); provided
further that this subparagraph shall not apply to any exclusive rights granted
by the department of transportation for taxicab services at facilities under
the department's control; and
(C) Any motor vehicle having seating accommodations for eight
or fewer passengers used in the movement of passengers on the public highways
between a terminal, i.e., a fixed stand, in the Honolulu district, as defined
in section 4-1 and a terminal in a geographical district outside the limits of
the Honolulu district, and vice versa, without picking up passengers other than
at the terminals or fixed stands; provided that the passengers may be picked up
by telephone call from their homes in the rural area or may be unloaded at any
point between the fixed stands or may be delivered to their homes in the rural
area;
(3) Passenger carrying vehicles used by employees solely for
their own transportation to, from, and during work;
(4) Passenger carrying vehicles with a gross vehicle weight of
10,000 pounds or less used in car or van pools to transport less than sixteen
individuals for the movement of passengers to and from work;
(5) A passenger carrying vehicle used for the transportation,
without compensation, of persons for personal, recreational, or entertainment
purposes;
(6) A passenger carrying vehicle with a gross vehicle weight rating of 10,000 pounds or less used solely for the transportation, without compensation, of the vehicle owner, the vehicle owner's family or guests; and
(7) A passenger carrying vehicle with a gross vehicle weight rating of 10,000 pounds or less used for the transportation, without compensation, of persons for the furtherance of their physical or mental rehabilitation or for social welfare activities."
SECTION 10. Section 286-231, Hawaii Revised Statutes, is amended by amending the definition of "school bus" to read as follows:
""School bus" means a
commercial motor vehicle used to transport pre-primary, primary, or secondary
school students from home to school, from school to home, or to and from
school-sponsored events, but does not include a bus, as defined under section
286-2, used as a common carrier [as defined under section 271-4]."
SECTION 11. Section 431:10C-702, Hawaii Revised Statutes, is amended to read as follows:
"[[]§431:10C-702[]] Relation to other laws.
Solely for the purposes of this
article, neither a transportation network company nor a transportation network
company driver shall be deemed to be a common carrier by motor vehicle, a
contract carrier by motor vehicle, a motor carrier [as defined in section
271-4], a taxicab, or a for-hire vehicle service. As used in this section:
"Common
carrier by motor vehicle" means any person that holds itself out to the
general public to engage in the transportation by motor vehicle of passengers
or property or any class or classes thereof for compensation.
"Contract
carrier by motor vehicle" means any person that engages in transportation
by motor vehicle of passengers or property for compensation (other than
transportation referred to in the definition of "common carrier by motor
vehicle") under continuing contracts with one person or a limited number
of persons for the furnishing of transportation services:
(1) Through
the assignment of motor vehicles for a continuing period of time to the exclusive
use of each person served; or
(2) Designed
to meet the distinct need of each individual customer.
"Motor carrier" includes both a common carrier by motor vehicle and a contract carrier by motor vehicle."
SECTION 12. Chapter 271, Hawaii Revised Statutes, is repealed.
SECTION 13. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 14. This Act shall take effect upon its approval.
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Report Title:
PUC; Deregulation; Motor Carrier Law
Description:
Repeals the regulation of motor carriers by the Public Utilities Commission. Makes conforming amendments.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
