STAND. COM. REP. NO. 507-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 1773
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Consumer Protection and Commerce, to which
was referred H.B. No. 1773 entitled: 

     "A BILL FOR AN ACT RELATING TO THE MOTOR CARRIER LAW,"

begs leave to report as follows:

     The purpose of this bill is to require that a motion for
reconsideration or rehearing of an order or decision made by the
Public Utilities Commission (PUC) under Hawaii's Motor Carrier
law, must be decided by an order issued by the PUC within 30 days
of the date on which the motion is filed.

     Your Committee received testimony in support of this bill
from E Noa Corporation.  Testimony supporting the intent of this
measure and requesting an amendment was submitted by the Public
Utilities Commission.

     Your Committee finds that under the current motor carrier
law, a motion for reconsideration or rehearing that has not been
decided within 20 days of filing is deemed denied.  Regardless of
this, the PUC may subsequently decide the motion.  This
ambiguity, with regard to the PUC's decision, forces motor
carriers to file two appeals to the Hawaii Supreme Court if they
wish to preserve their right of appeal--once after the 20-day
period has expired without a PUC decision, and a second time
after the PUC actually issues an order deciding the motion.  This
measure would provide for a clear and certain final decision on a
motion for reconsideration or rehearing, thereby improving

 
 
 
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administrative efficiency, and removing an unnecessary burden
from regulated business.

     Your Committee has amended this bill by increasing the
decisional period from 30 to 45 days.

     Technical, nonsubstantive amendments have also been made for
purposes of clarity and style.

     As affirmed by the record of votes of the members of your
Committee on Consumer Protection and Commerce that is attached to
this report, your Committee is in accord with the intent and
purpose of H.B. No. 1773, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as H.B. No.
1773, H.D. 1, and be placed on the calendar for Third Reading.

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



                                   ______________________________
                                   RON MENOR, Chair