STAND. COM. REP. NO. 492

Honolulu, Hawaii

, 2023

RE: H.B. No. 1029

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 1029 entitled:

"A BILL FOR AN ACT RELATING TO THE USE OF ELECTRONIC FILING BY THE PUBLIC UTILITIES COMMISSION,"

begs leave to report as follows:

The purpose of this measure is to authorize the electronic filing of documents by and with the Public Utilities Commission.

Your Committee received testimony in support of this measure from the Department of Commerce and Consumer Affairs; Public Utilities Commission; Young Brothers, LLC; and Hawaiian Telcom.

Your Committee finds that Act 72, Session Laws of Hawaii 2021 (Act 72), authorized the Public Utilities Commission to use certain electronic filing processes along with certain electronic service of documents. However, your Committee further finds that Act 72 did not address all areas under the jurisdiction of the Public Utilities Commission. As such, certain provisions in the statutory chapters for utilities, motor carriers, and water carriers still do not allow for electronic filing or electronic service. This measure makes various housekeeping amendments to fully authorize electronic filing and accompanying electronic transmission of service of process by the Public Utilities Commission and parties within its jurisdiction.

Your Committee has amended this measure by:

(1) Specifying that, for purposes of the Motor Carrier Law and Hawaii Water Carrier Law, a document filed by electronic means is equivalent to an original document;

(2) Changing the effective date to June 30, 3000, to encourage further discussion; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1029, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1029, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

MARK M. NAKASHIMA, Chair