STAND. COM. REP. NO. 3033

Honolulu, Hawaii

RE: S.B. No. 3220

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committees on Commerce and Consumer Protection and Ways and Means, to which was referred S.B. No. 3220, S.D. 1, entitled:

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

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Transfer the jurisdiction of enforcement of the Motor Carrier Law from the Public Utilities Commission to the Department of Transportation;

(2) Make conforming amendments related to the transfer of jurisdiction; and

(3) Make an appropriation to support the transfer of functions related to the Motor Carrier Law to the Department of Transportation.

Your Committees received testimony in support of this measure from the Department of Transportation; Hawaii Transportation Association; Moniz Trucking LLC; and Pineridge Farms, Inc.

Your Committees received comments on this measure from the Public Utilities Commission.

Your Committees find that under the Motor Carrier Law, the Public Utilities Commission regulates certain passenger and property motor carriers. Passenger carriers are classified by authorized vehicle seating capacity and include tour companies, limousine services, and other transportation providers. Property carriers are classified by the types of commodities transported and the nature of services performed, such as general commodities, household goods, commodities in dump trucks, and specific commodities. Your Committees further find that the Department of Transportation, which has jurisdiction over the State's facilities and infrastructure in all modes of transportation (land, air, and water), would be better-suited to regulate and enforce the Motor Carrier Law, as the regulation of vehicles over the public highways would more naturally fall under its purview. Your Committees also find that the Department of Transportation has a larger number of enforcement officers than the Public Utilities Commission and a better enforcement presence throughout the State. Therefore, this measure transfers jurisdiction over the enforcement of the Motor Carrier Law to the Department of Transportation for the purpose of improving administrative efficiency.

Your Committees have amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the records of votes of the members of your Committees on Commerce and Consumer Protection and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 3220, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 3220, S.D. 2.

Respectfully submitted on behalf of the members of the Committees on Commerce and Consumer Protection and Ways and Means,

________________________________ DONOVAN M. DELA CRUZ, Chair

________________________________ JARRETT KEOHOKALOLE, Chair