Bill Text: HI HB2004 | 2012 | Regular Session | Amended
Bill Title: Unlawful Operation of Motor Carriers
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2012-07-06 - (S) Act 203, 7/3/2012 (Gov. Msg. No. 1306). [HB2004 Detail]
Download: Hawaii-2012-HB2004-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2004 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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Proposed |
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A BILL FOR AN ACT
RELATING TO TRANSPORTATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that persons have engaged in defrauding tourists by purporting to pick them up in vehicles at popular Waikiki tourist venues and taking them to various tourist sightseeing locations or activities, or transporting them to other business locations. Typically a tourist is picked up shortly ahead of scheduled pickups by a bona fide taxi or tour operator. The tourist at times pays up to twice the amount of travel fare and is sometimes promised refunds that are never received. To make matters worse, some tourists are never picked up for the return trip and are left stranded without transportation back to their lodging accommodation.
The legislature further finds that this type of unscrupulous activity by unconscionable people who would prey on tourists casts a bad image on Hawaii and may lead to a downturn in the economy.
The purpose of this Act is to create a criminal offense of deception of a visitor in transportation services for hire.
SECTION 2. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:
"§708- Deception of a visitor in transportation services for hire. (1) A person commits the offense of deception of a visitor in transportation services for hire if the person does any of the following to a visitor:
(a) Offers to transport a visitor to a destination, with intent to deceive, for which the visitor has previously scheduled transport with a bona fide transportation service;
(b) Charges a fee or rate that is in excess of the amount that is quoted by the bona fide transportation service for which the visitor is waiting for a pick up;
(c) Upon pick up or drop off of the visitor, collects a fee or rate from a visitor who has already pre-paid for that transportation through a bona fide transportation service; or
(d) Does not pick up the visitor from a destination to which the person transports the visitor after representing to the visitor to do so.
(2) As used in this section:
"Bona fide transportation service" means:
(a) A vehicle registered with the public utilities commission that has a numbered "PUC" decal on the vehicle and driven by a person who possesses an insurance identification card on the vehicle setting forth a description of the vehicle, current effective dates, policy number, name of insured, and vehicle identification number and has a current valid medical examiner's certificate; provided that if the vehicle's capacity is more than fifteen passengers, the driver shall be required to possess a commercial driver's license; or
(b) A vehicle other than a licensed taxi cab.
"Visitor" means every person, whether or not a resident of this State.
(3) Deception of a visitor in transportation services for hire is a misdemeanor.
(4) In addition to any other penalties provided by law, the vehicle used in the commission of the offense of deception of a visitor in transportation services for hire shall be impounded and the vehicle owner shall be liable for impoundment costs of storage, towing, and other charges incident to seizure of the vehicle or any other cost involved."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
Offense of Deception of a Visitor in Transportation Services for Hire
Description:
Creates the misdemeanor offense of deception of a visitor in transportation services for hire if a person offers to transport a visitor to a destination, with intent to deceive, for which the visitor has previously scheduled transport with a bona fide transportation service, charges a fee or rate that is in excess of the amount that is quoted by the bona fide transportation service for which the visitor is waiting for a pick up, upon pick up or drop off of the visitor, collects a fee or rate from a visitor who has already pre-paid for that transportation through a bona fide transportation service, or does not pick up the visitor from a destination to which the person transports the visitor after representing to the visitor to do so. Provides for penalties including impoundment of vehicle. (Proposed SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
