STAND. COM. REP. NO. 3278

                                   Honolulu, Hawaii
                                                     , 2000

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




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Commerce and Consumer Protection, to which
was referred H.B. No. 1773, H.D. 1, entitled: 

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

begs leave to report as follows:

     The purpose of this measure is to reduce inefficiency and
duplication in the process governing appeals from orders of the
Public Utilities Commission (PUC).

     A law firm submitted comments on the measure.

     Currently, a motor carrier must file two appeals to the
Hawaii Supreme Court in order to preserve its rights of appeal
from an order of the PUC.  The first appeal is required when,
after the carrier files a motion for reconsideration or
rehearing, no decision from the PUC issues within twenty days.
Under the present law, the motion is deemed denied after the
passage of the twenty-day period.  The second appeal is required
upon an affirmative denial of the motion by the PUC.

     This measure would eliminate the need to file an appeal
twice by repealing the provision that deems a motion for
reconsideration or rehearing denied if the PUC fails to render a
decision on the motion within twenty days.  Additionally, the
measure establishes a requirement that the PUC issue a
determination on a motion for reconsideration or rehearing within

 
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                                   STAND. COM. REP. NO. 3278
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forty-five days of the filing of the motion.  These amendments to
the law will make the appeals process more efficient and timely.

     Your Committee has amended this measure by inserting an
effective date of July 1, 3000, to facilitate further discussion
and by making a technical, nonsubstantive amendment for style.  

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

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



                                   ______________________________
                                   BRIAN KANNO, Co-Chair



                                   ______________________________
                                   BRIAN T. TANIGUCHI, Co-Chair

 
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