THE SENATE

S.B. NO.

3220

THIRTY-SECOND LEGISLATURE, 2024

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to motor carriers.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 239-2, Hawaii Revised Statutes, is amended by amending the definition of "gross income" to read as follows:

     ""Gross income" means the gross income from public service company business as follows:

     (1)  Gross income from the production, conveyance, transmission, delivery, or furnishing of light, power, heat, cold, water, gas, or oil;

     (2)  Gross income from the transportation of passengers or freight, or the conveyance or transmission of telephone or telegraph messages other than mobile telecommunications services, or the furnishing of facilities for the transmission of intelligence by electricity, by land or water or air:

          (A)  Originating and terminating within this State;

          (B)  By means of vessels or aircraft having their home port in the State and operating between ports or airports in the State, with respect to the transportation so effected; or

          (C)  By means of plant or equipment located in the State, between points in the State;

     (3)  Gross income from the transportation of freight by motor carriers (other than as stated in paragraph (2)), or the conveyance or transmission of messages or intelligence through wires or cables located or partly located in the State (other than as stated in paragraph (2) or (5));

     (4)  Gross income from the operation of a private sewer company or private sewer facility; or

     (5)  With respect to a home service provider of mobile telecommunications services, "gross income" includes charges billed for mobile telecommunications services provided by a home service provider to a customer with a place of primary use in this State when the mobile telecommunications services originate and terminate within the same state; provided that all [such] the charges for mobile telecommunications services that are billed by or for the home service provider are deemed to be provided by the home service provider at the customer's place of primary use, regardless of where the mobile telecommunications services originate, terminate, or pass through.  "Gross income" shall not include:

          (A)  Any charges for or receipts from mobile telecommunications services provided to customers of the home service provider whose place of primary use is outside [this] the State;

          (B)  Any receipts of a home service provider acting as a serving carrier providing mobile telecommunications services to another home service provider's customer; and

          (C)  Any receipts specifically from interstate or foreign mobile telecommunications services taxable under section 237-13(6)(D), as determined by the home service provider's books and records kept in the ordinary course of business.

          For the purposes of this paragraph, "customer", "home service provider", "mobile telecommunications services", "place of primary use", and "serving carrier" have the same meaning as in section 239-22.

     The words "gross income" and "gross income from public service company business" shall not be construed to include dividends (as defined [by] in section 235-1) paid by one member of an affiliated public service company group to another member of the same group; or gross income from the sale or transfer of materials or supplies, interest on loans, or the provision of engineering, construction, maintenance, or managerial services by one member of an affiliated public service company group to another member of the same group.  "Affiliated public service company group" means an affiliated group of domestic corporations within the meaning of chapter 235, all of the members of which are public service companies.  "Member of an affiliated public service company group" means a corporation (including the parent corporation) that is included within an affiliated public service company group.

     Where the transportation of passengers or property is furnished through arrangements between motor carriers, and the gross income is divided between the motor carriers, any tax imposed by this chapter shall apply to each motor carrier with respect to each motor carrier's respective portion of the proceeds.

     Where tourism related services are furnished through arrangements made by a travel agency or tour packager and the gross income is divided between the provider of the services on the one hand and the travel agency or tour packager on the other hand, any tax imposed by this chapter shall apply to each person with respect to each person's respective portion of the proceeds.

     Accounts found to be worthless and actually charged off for income tax purposes, at corresponding periods, may be deducted from gross income as specified under this chapter so far as the accounts reflect taxable sales, but shall be added to gross income when and if subsequently collected.

     As used in this paragraph, "tourism related services" means motor carriers of passengers regulated by the [public utilities commission.] department of transportation."

     SECTION 2.  Section 271-4, Hawaii Revised Statutes, is amended to read as follows:

     "§271-4  Definitions.  As used in this chapter:

     "Certificate" means a certificate of public convenience and necessity issued under this chapter to common carriers by motor vehicle.

     "Chapter" means the Motor Carrier Law.

     ["Commission" means the public utilities commission.]

     "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.

     "Department" means the department of transportation.

     "Document" includes any application, complaint, pleading, brief, answer, motion, memorandum, declaration, exhibit, certificate of service, and other papers filed by or with the [commission.] department.

     "Enforcement officer" means any person employed and authorized by the [commission] department to investigate any matter on behalf of the [commission.] department.  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 the assessment of civil penalties as provided in section 271-27(h), (i), and (j).

     "Highway" means the public roads, highways, streets, and ways in this State.

     "Motor carrier" includes both a common carrier by motor vehicle and a contract carrier by motor vehicle.

     "Motor vehicle" means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof determined by the [commission,] department, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service.

     "Permit" means a permit issued under this chapter to contract carriers by motor vehicle.

     "Person" or "persons" means any individual, firm, copartnership, corporation, company, association, or joint stock association; and includes any trustee, receiver, assignee, or personal representative thereof.

     "Private carrier of property by motor vehicle" means any person not included in the terms "common carrier by motor vehicle" or "contract carrier by motor vehicle", who or that transports by motor vehicle property [of which] where the person is the owner, lessee, or bailee, when the transportation is for the purpose of sale, lease, rent, or bailment or in the furtherance of any commercial enterprise.

     "Rates" includes rates, fares, tolls, rentals, and charges of whatever kind and nature unless the context indicates otherwise; provided that for transportation by motor vehicle of passengers, where the provision of transportation is part of a package that may include air fare, meals, attractions, and other services, "rates" shall only include the charges for the provision of transportation by motor vehicle.

     "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 in particular 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 3.  Section 271-5, Hawaii Revised Statutes, is amended to read as follows:

     "§271-5  Exemptions, generally.  Notwithstanding any other provisions of this chapter, its contents shall not apply to:

     (1)  Persons transporting their own property where the transportation is in furtherance of a primary business purpose or enterprise of that person, except where the transportation is undertaken by a motor carrier to evade the regulatory purposes of this chapter;

     (2)  Persons operating motor vehicles when engaged in the transportation of school children and teachers to and from school, and to and from school functions; provided that these persons may engage in providing transportation at special rates for groups of persons belonging to an eleemosynary or benevolent organization or association domiciled in this State where the organization or association sponsors or is conducting a nonregular excursion; provided that whenever the persons engage in the transportation of persons other than those exempted in this paragraph, that portion of their operation shall not be exempt from this chapter.  Nothing in this paragraph shall be construed to authorize any person to engage in the transportation of persons, other than the transportation of persons exempted by the terms of this paragraph, without a permit or certificate issued by the [commission] department authorizing [such] the transportation;

     (3)  Persons operating taxicabs or other motor vehicles utilized in performing a bona fide taxicab service.  "Taxicab" includes:

          (A)  Any motor vehicle used in the movement of passengers on the public highways under the following circumstances, namely 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); [and] 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;

     (4)  Persons operating motor vehicles in the transportation of persons pursuant to a franchise from the legislature and whose operations are presently regulated under chapter 269;

     (5)  Nonprofit agricultural cooperative associations to the extent that they engage in the transportation of their own property or the property of their members;

     (6)  Persons operating motor vehicles specially constructed for the towing of disabled or wrecked vehicles but not otherwise used in the transportation of property for compensation or hire;

     (7)  Persons operating motor vehicles in the transportation of mail, newspapers, periodicals, magazines, messages, documents, letters, or blueprints;

     (8)  Persons operating funeral cars or ambulances;

     (9)  Persons operating motor vehicles in the transportation of garbage or refuse;

    (10)  Persons operating the type of passenger carrying motor vehicles known as "sampan buses" within the radius of twenty miles from the city of Hilo, Hawaii;

    (11)  Persons transporting unprocessed pineapple to a cannery, seed corn to a processing facility, or  returning any containers used in [such] transportation to the fields;

    (12)  Sugar plantations transporting sugarcane, raw sugar, molasses, sugar by-products, and farming supplies for neighboring farmers pursuant to contracts administered by the United States Department of Agriculture;

    (13)  Persons engaged in the ranching or meat or feed business who transport cattle to slaughterhouses for hire where [such] the transportation is their sole transportation for hire and where their earnings from the transportation constitute less than fifty per cent of their gross income from their business and the transportation for hire;

    (14)  Persons transporting unprocessed raw milk to processing plants and returning any containers used in [such] the transportation to dairy farms for reloading;

    (15)  Persons transporting animal feeds to animal husbandry farmers and farming supplies directly to animal husbandry farmers and returning any containers used in [such] the transportation to these sources of [such] feeds and supplies for reloading;

    (16)  Persons engaged in transporting not more than fifteen passengers between their places of abode, or termini near [such] places, and their places of employment in a single daily round trip where the driver is also on the driver's way to or from the driver's place of employment;

    (17)  Persons transporting passengers without charge in motor vehicles owned or operated by [such] the person, where [such] transportation is provided in conjunction with and in furtherance of a related primary business purpose or enterprise of that person, and [such] the transportation is provided only directly to and from the place of business of [such] the person, except that this exemption shall not apply to persons making any contract, agreement, or arrangement to provide, procure, furnish, or arrange for transportation as a travel agent or broker or a person engaged in tour or sightseeing activities, nor shall this exemption apply where the transportation is undertaken by a person to evade the regulatory purposes of this chapter; and

    (18)  Persons conducting the type of county-regulated passenger carrying operation known as "jitney services".  For the purposes of this paragraph, "jitney services" means public transportation services utilizing motor vehicles that have seating accommodations for six to twenty-five passengers, operate along specific routes during defined service hours, and levy a flat fare schedule."

     SECTION 4.  Section 271-27, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (c) to read:

     "(c)  Any special agent, accountant, or examiner who knowingly and wilfully divulges any fact or information which may come to the special agent's, accountant's, or examiner's knowledge during the course of any examination or inspection made under authority of sections 271-9(a)(4), 271-23, and 271-25, except as the special agent, accountant, or examiner may be directed by the [commission] department or by a court or judge thereof, shall be guilty of a misdemeanor."

     2.  By amending subsection (f) though (j) to read:

     "(f)  Any motor carrier or any officer, agent, employee, or representative thereof, who wilfully fails or refuses to make a report to the [commission] department as required by this chapter, or to make specific and full, true, and correct answer to any question within thirty days from the time it is lawfully required by the [commission,] department, or to keep accounts, records, and memoranda in the form and manner prescribed by the [commission,] department, or knowingly and wilfully falsifies, destroys, mutilates, or alters any report, account, record, or memorandum or knowingly and wilfully files with the [commission] department any false report, account, record, or memorandum, or knowingly and wilfully neglects or fails to make full, true, and correct entries in the accounts, records, or memoranda of all facts and transactions appertaining to the business of the carrier, or person required under this chapter to keep the same, or knowingly and wilfully keeps accounts, records, or memoranda contrary to the rules, regulations, or orders of the [commission] department with respect thereto, shall be deemed guilty of a misdemeanor.  As used in this subsection, the words "keep" and "kept" mean made, prepared, or compiled, as well as retained.

     (g)  Except when required by state law to take immediately before a district judge a person arrested for violation of this chapter, including any rule adopted pursuant to this chapter, any enforcement officer, other than a motor vehicle safety officer employed and assigned, pursuant to section 271-38, by the department [of transportation] to assess civil penalties, upon arresting a person for violation of this chapter, including any rule adopted pursuant to this chapter shall issue to the alleged violator a summons or citation printed in the form hereinafter described, warning the alleged violator to appear and answer to the charge against the alleged violator at a certain place within seven days after the arrest.

     (1)  The summons or citation shall be printed in a form comparable to that of other summonses and citations used for arresting offenders and shall include all necessary information.  The form and content shall be adopted or prescribed by the district courts.

     (2)  The original of a summons or citation shall be given to the alleged violator and any other copies distributed in the manner prescribed by the district courts; provided that the district courts may prescribe alternative methods of distribution for the original and any other copies.

     (3)  Summonses and citations shall be consecutively numbered and any other copies of each shall bear the same number.

     (4)  Any person who fails to appear at the place and within the time specified in the summons or citation shall be guilty of a misdemeanor.

     (5)  If any person fails to comply with a summons or citation or fails or refuses to deposit bail as required, the enforcement officer shall cause a complaint to be entered against the person and secure the issuance of a warrant for the person's arrest.

     (6)  When a complaint is made to any prosecuting officer of a violation of this chapter or any rule, the enforcement officer who issued the summons or citation shall subscribe to it under oath administered by another official whose name has been submitted to the prosecuting officer and who has been designated by the [commission] department to administer the same.

     (h)  Any motor carrier or lessor, or any officer, agent, employee, or representative thereof, who fails or refuses to comply with any provision of this chapter, or any rule, requirement, or order thereunder, and any person located in this State, or any officer, agent, employee, or representative of any [such] the person, who engages the services of any motor carrier or lessor, or any officer, agent, employee, or representative thereof, who fails or refuses to comply with any provision of this chapter, or any rule, requirement, or order, may be assessed a civil penalty for an amount determined by the [commission] department subject to this section payable to the State in a sum:

     (1)  Up to $1,000 for each offense;

     (2)  In the case of a continuing violation, not less than $50 and not more than $500 for each additional day during which the failure or refusal continues; and

     (3)  Up to $5,000 for each fourth or subsequent violation within one calendar year.

     (i)  Notwithstanding subsection (h), a motor carrier who fails to file, within the prescribed time, a financial report with the [commission] department pursuant to its rules may be assessed a civil penalty payable to the State up to the sum of one-sixteenth of one per cent of the gross revenues from the motor carrier's business during the preceding calendar year, if the failure is for not more than one month, with an additional one-sixteenth of one per cent for each additional month or fraction thereof during which the failure continues, but in no event shall the total civil penalty be less than the sum of $50.

     (j)  In addition to any other remedy available, the [commission] department or its enforcement officer, including a motor vehicle safety officer employed and assigned by the department [of transportation] pursuant to section 271-38, may issue citations to persons acting in the capacity of or engaging in the business of a motor carrier within this State, without having a certificate of public convenience and necessity or other authority previously obtained under and in compliance with this chapter and rules adopted, or to any shipper or consignee located in this State, or any officer, employee, agent, or representative thereof who engages the services of those persons.

     (1)  The citation may contain an order of abatement and an assessment of civil penalties as provided in subsection (h).  All penalties collected under this subsection shall be deposited in the treasury of the State.  Service of a citation issued under this subsection shall be made by personal service whenever possible or by certified mail, restricted delivery, sent to the last known business or residence address of the person cited.

     (2)  Any person served with a citation under this subsection may submit a written request to the [commission] department for a hearing within twenty days from the receipt of the citation, with respect to the violations alleged, the scope of the order of abatement, and the amount of civil penalties assessed.  If the person cited under this subsection notifies the [commission] department of the request for a hearing in time, the [commission] department shall afford the person an opportunity for a hearing under chapter 91.  The hearing shall be conducted by the [commission,] department, or the [commission] department may designate a hearings officer to hold the hearing.

     (3)  If the person cited under this subsection does not submit a written request to the [commission] department for a hearing in time, the citation shall be deemed a final order of the [commission.] department.  The [commission] department may apply to the appropriate court for a judgment to enforce the provisions of any final order issued by the [commission] department or designated hearings officer pursuant to this subsection, including the provisions for abatement and civil penalties imposed.  In any proceeding to enforce the final order, the [commission] department need only produce a certified copy of the final order and show that the notice was given and that a hearing was held or the time granted for requesting the hearing has run without a request.

     (4)  If any party is aggrieved by the decision of the [commission] department or the designated hearings officer, the party may appeal, subject to chapter 602, in the manner provided for civil appeals from the circuit courts; provided that the operation of an abatement order shall not be stayed on appeal unless specifically ordered by a court of competent jurisdiction after applying the stay criteria enumerated in section 91-14(c).  The sanctions and disposition authorized under this subsection shall be separate and in addition to all other remedies either civil or criminal provided by law.  The [commission] department may adopt any rules under chapter 91 that may be necessary to fully effectuate this subsection."

     SECTION 5.  Section 271-36, Hawaii Revised Statutes, is amended to read as follows:

     "§271-36  Fees and charges.  (a)  Every common carrier by motor vehicle and every contract carrier by motor vehicle shall pay to the [commission,] department, in April of each year, a fee equal to one-fourth of one per cent of the gross revenues from the carrier's business during the preceding calendar year, or the sum of $20, whichever is greater.  Gross revenues include all revenues received from services connected with or incidental to the transportation of persons or the transportation of property, as defined under section 271-4.

     (b)  Every common carrier by motor vehicle and every contract carrier by motor vehicle paying a fee under subsection (a) may impose a surcharge to recover the amount paid above one-eighth of one per cent of gross income.  The surcharge imposed shall not be subject to the notice, hearing, and approval requirements of this chapter; provided that the surcharge may be imposed by the utility only after thirty days' notice to the [public utilities commission.] department.  Unless ordered by the [public utilities commission,] department, the surcharge shall be imposed only until the conclusion of the carrier's next rate case; provided that the surcharge shall be subject to refund with interest at the public utility's authorized rate of return on rate base if the utility collects more money from the surcharge than actually paid due to the increase in the fee to one-fourth of one per cent.

     (c)  The [commission] department shall establish fair and reasonable fees for the following applications:

     (1)  Applications for certificates and permits as provided by sections 271-12 and 271-13;

     (2)  Applications for extensions of certificates as provided by section 271-12(d);

     (3)  Applications for temporary certificates and permits as provided by section 271-16; and

     (4)  Applications for authority to convey property necessary or useful in the performance of duties to the public or to transfer certificates or permits or to purchase motor carrier stock, as provided in section 271-18.

The fees charged pursuant to this subsection shall be paid to the [commission] department at the time of submission of the application.

     (d)  The [commission] department may charge an amount it deems necessary and reasonable to defray the cost of supplying to the carriers and the public the application forms and other forms, schedules, tariffs, copies of rules, and other pamphlets and materials it provides by individual copy or in bulk.

     (e)  All of the fees and charges collected under this section shall be deposited with the director of finance to the credit of the [public utilities commission special fund established under section 269-33.] state highway fund established pursuant to section 248-9."

     SECTION 6.  Section 271-38, Hawaii Revised Statutes, is amended to read as follows:

     "§271-38  Enforcement.  [At the request of the public utilities commission, the department of transportation] The department shall assign a motor vehicle safety officer employed by the department [of transportation] to assist in the enforcement of [sections 271-8, 271-12, 271-13, 271-19, and 271-29, through the assessment of civil penalties as provided in section 271-27(h), (i), and (j).] this chapter."

     SECTION 7.  Sections 271-2, 271-8, 271-8.5 271-9, 271-9.5 271-10, 271-11, 271-12, 271-13, 271-15, 271-16, 271-17, 271-18, 271-19, 271-20, 271-21, 271-22, 271-23, 271-24, 271-25, 271-26, 271-26.5, 271-28, 271-29, 271-30, 271-31, 271-32, 271-33, 271-34, 271-35, and 271-37, Hawaii Revised Statutes, are amended by substituting the term "department of transportation", "department", or similar term, wherever the term "public utilities commission", "commission", or similar term, appears, as the context requires.

     SECTION 8.  All rights, powers, functions, and duties of the public utilities commission are transferred to the department of transportation as it relates to the motor carriers law.

     All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

     No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

     An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

     If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

     SECTION 9.  All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the public utilities commission relating to the functions transferred to the department of transportation shall be transferred with the functions to which they relate.

     SECTION 10.  All rules, policies, procedures, guidelines, and other material adopted or developed by the public utilities commission to implement provisions of the Hawaii Revised Statutes that are made reenacted or applicable to the department of transportation by this Act shall remain in full force and effect until amended or repealed by the department of transportation pursuant to chapter 91, Hawaii Revised Statutes.

     In the interim, every reference to the public utilities commission in those rules, policies, procedures, guidelines, and other material is amended to refer to the department of transportation, as appropriate.

     SECTION 11.  All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the public utilities commission, pursuant to the provisions of the Hawaii Revised Statutes, that are reenacted or made applicable to the office of real estate operations by this Act shall remain in full force and effect.  Upon effective date of this Act, every reference to the public utilities commission or the chairperson of the public utilities commission therein shall be construed as a reference of the department of transportation or the director of transportation, as appropriate.

     SECTION 12.  The public utilities commission shall transfer the total fund balance in the public utilities commission special fund collected pursuant to section 271-36, Hawaii Revised Statutes, as of September 15, 2023, and all encumbrances against that fund open and outstanding as of that date, to the state highway fund no later than one hundred eighty days after the effective date of this Act.

     SECTION 13.  In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in Act 164, Regular Session of 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $           or       per cent.  This current declaration takes into account general fund appropriations authorized for fiscal year 2024-2025 in Act 164, Regular Session of 2023, and this Act only.  The reasons for exceeding the general fund expenditure ceiling are that:

     (1)  The appropriation made in this Act is necessary to serve the public interest; and

     (2)  The appropriation made in this Act meets the needs addressed by this Act.

     SECTION 14.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2024-2025 for the transfer of functions related to the motor carrier law to the department of transportation.

     The sum appropriated shall be expended by the department of transportation for the purposes of this Act.

     SECTION 15.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 16.  This Act shall take effect on July 1, 2026; provided that section 13 and 14 shall take effect on July 1, 2024.

 

INTRODUCED BY:

_____________________________

 

 


 


 


 

Report Title:

PUC; DOT; Motor Carrier Law; Transfer; Expenditure Ceiling; Appropriation

 

Description:

Transfers the jurisdiction of the Motor Carrier Law from the Public Utilities Commission to the Department of Transportation.  Makes conforming amendments.  Declares that the general fund expenditure ceiling is exceeded.  Makes an appropriation. 

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.