Bill Text: HI HB1742 | 2012 | Regular Session | Introduced
Bill Title: Public Utilities Commission; Motor Carrier Investigative Unit
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-25 - (H) The committee(s) on TRN recommend(s) that the measure be deferred. [HB1742 Detail]
Download: Hawaii-2012-HB1742-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1742 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the public utilities commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 271, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§271- Motor carrier investigative unit. (a) There is established in the public utilities commission the motor carrier investigative unit for the purposes set forth in this section.
(b) The unit shall conduct statewide investigations of violations of all applicable provisions of this chapter, including:
(1) Investigating any person acting in the capacity of or engaging in the business of a motor carrier within the State, without having a certificate of public convenience and necessity or other authority previously obtained under and in compliance with this chapter or the rules adopted thereunder; and
(2) Notwithstanding any other law to the contrary, investigating all complaints against parties involved in the transportation of persons and property, for commercial purposes, over the public highways of this State.
(c) The unit may review and take appropriate action on complaints relating to motor carriers.
(d) The unit shall employ or retain, by contract or otherwise, attorneys, investigators, investigator assistants, auditors, accountants, consultants, experts, and other professional, technical, and support staff as necessary to promote the effective and efficient conduct of the unit's activities. The unit may hire these employees without regard to chapter 76 or 89.
(e) Notwithstanding any other law to the contrary, an attorney employed or retained by the unit may represent the State in any criminal, civil, or administrative proceeding to enforce all applicable state laws relating to motor carrier law, including criminal prosecutions, disciplinary actions, and actions for declaratory and injunctive relief. The attorney general may designate an attorney as a special deputy attorney general for the purposes of this subsection.
(f) Funding for the unit shall be made available from an allocation under the public utilities commission special fund established in section 269-33(a)."
SECTION 2. 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, 269E, 271, 271G, [269E,] and
486J; 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. On an annual basis, an
amount not exceeding $500,000 of the remaining funds shall be allocated by the
public utilities commission to the motor carrier investigative unit,
established pursuant to section 271- ; provided that all
moneys allocated by the public utilities commission from the fund to the motor
carrier investigative unit shall be used to conduct statewide investigations of
violations of all applicable provisions of chapter 271.
(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,
269-28, 269-30, 269E-6, 269E-14, 271-27, 271-36, 271G-19, [269E-6,
269E-14,] and 607-5."
SECTION 3. Section 271-9, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) The general duties and powers of the public utilities commission shall be:
(1) To regulate common carriers by motor vehicle, and
to that end the commission shall establish reasonable requirements with respect
to continuous and adequate service, leasing of motor vehicles, uniform system
of accounts, records, and reports, and preservation of records[.];
(2) To regulate contract carriers by motor vehicle,
and to that end the commission shall establish reasonable requirements with
respect to leasing of motor vehicles, uniform system of accounts, records, and
reports, and preservation of records[.];
(3) To administer, execute, and enforce this chapter,
to make all necessary orders in connection therewith, and to prescribe rules,
regulations, and procedures for the administration[.];
(4) For purposes of the administration of this
chapter, to inquire into the management of the business of motor carriers, and
into the management of the business of persons controlling, controlled by, or
under common control with, motor carriers to the extent that the business of
these persons is related to the management of the business of one or more motor
carriers, and the commission shall keep itself informed as to the manner and
method in which the same are conducted, and may obtain from the carriers and
persons such information as the commission deems necessary to carry out the
provisions of this chapter[.]; and
(5) To investigate through the motor carrier
investigative unit, any person acting in the capacity of or engaging in the
business of a motor carrier within the State, without having a certificate of
public convenience and necessity or other authority previously obtained under
and in compliance with this chapter or the rules [promulgated] adopted
thereunder."
2. By amending subsection (c) to read:
"(c) Upon complaint in writing to the commission by any person or body politic, or upon its own initiative without complaint, the commission, through the motor carrier investigative unit, may investigate whether any motor carrier has failed to comply with any provision of this chapter, or with any regulation, requirements, or order established or issued pursuant thereto. If the commission, after notice and hearing as prescribed in section 271-31, finds upon any investigation that the motor carrier has failed to comply with any provision, regulation, requirements, or order, the commission shall issue an appropriate order to compel the carrier to comply therewith. Whenever the commission is of the opinion that any complaint does not state reasonable grounds for investigation and action on its part, it may dismiss the complaint."
SECTION 4. There is appropriated out of the public utilities commission special fund, established pursuant to section 269-33, Hawaii Revised Statutes, the sum of $500,000 or so much thereof as may be necessary for fiscal year 2012-2013 for the motor carrier investigative unit to conduct statewide investigations of violations of all applicable provisions of chapter 271.
The sum appropriated shall be expended by the motor carrier investigative unit for the purposes of this Act.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2012.
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INTRODUCED BY: |
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Report Title:
Public Utilities Commission; Motor Carrier Investigative Unit
Description:
Creates the motor carrier investigative unit within the public utilities commission to conduct statewide investigations of violations of chapter 271, Hawaii Revised Statutes. Exempts persons within the unit from chapter 76, Hawaii Revised Statutes. Appropriates funds from the public utilities commission special fund to finance the motor carrier investigative unit. Effective July 1, 2012.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
