Report Title:
Public Utilities
Description:
Changes the salary of the chairperson of the public utilities commission; allows the appointment of hearing officers with out regard to chapter 76; allows for the suspension and reinstatement of fees.
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THE SENATE |
S.B. NO. |
1033 |
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TWENTY-FOURTH LEGISLATURE, 2007 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to public utilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 269-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Effective July 1, [2005,] 2007,
the chairperson of the commission shall be paid a salary set at [eighty-seven]
one hundred per cent of the salary of the director of [human
resources development,] commerce and consumer affairs, and each of
the other commissioners shall be paid a salary equal to ninety-five per cent of
the chairperson's salary. The commissioners shall be exempt from chapters 76
and 89 but shall be members of the state employees retirement system and shall
be eligible to receive the benefits of any state or federal employee benefit
program generally applicable to officers and employees of the State, including
those under chapter 87A.
The commission is placed within the department of budget and finance for administrative purposes."
SECTION 2. Section 269-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The chairperson of the public
utilities commission may appoint and employ clerks, stenographers, agents,
engineers, accountants, and other assistants for the public utilities
commission as the chairperson finds necessary for the performance of the
commission's functions and define their powers and duties. The chairperson may
appoint and, at pleasure, dismiss a chief administrator and hearings officers
as may be necessary. Notwithstanding section [[]103D-209[]], the
chairperson shall appoint one or more attorneys independent of the attorney
general who shall act as attorneys for the commission and define their powers
and duties and fix their compensation. The chief administrator and attorneys
shall be exempt from chapter 76. Research assistants, economists, hearing
officers, legal secretaries, utility analysts, legal assistants, and
enforcement officers may be appointed with or without regard to chapter 76.
Other employees shall be appointed as may be needed by the chairperson in
accordance with chapter 76."
SECTION 3. Section 269-33, Hawaii Revised Statutes, is amended to read as follows:
1. By amending its title to read:
"§269-33 Public utilities commission
special fund[.]; suspension of collection of public utility fees."
2. By amending subsection (d) to read:
"(d) [All moneys in excess of
$1,000,000 remaining on balance in the public utilities commission special fund
on June 30 of each year shall lapse to the credit of the state general
fund.] Based on its assessment of its fiscal allotment and the funds in
and anticipated to be in the public utilities commission special fund, the public
utilities commission may order that the collection of the fee to be paid by a
public utility into the public utilities commission special fund pursuant to
section 269-30 be temporarily suspended, and may order the reinstatement of the
collection of a suspended fee; provided that the temporary suspension shall not
apply to a public utility paying a fee of $30 pursuant to section 269‑30(b).
The public utility shall file amended rates, fares, charges, classifications,
schedules, rules, or practices that conform to the action taken by the public
utilities commission. Notwithstanding any other provision to the contrary, the
suspension or reinstatement of the collection of a fee payable into the public
utilities commission special fund, and the filing of amended rates, fares,
charges, classifications, schedules, rules, or practices by the public utility
in conformance with an action taken by the public utilities commission shall
not be subject to any requirement in this chapter relating to the publication
of public notice, or the convening of a public or contested case hearing,
except that the amended rates, fares, charges, classifications, schedules,
rules, or practices shall be effective only after notice has been provided to
the public utilities commission pursuant to sections 269-12(b) and 269-16(a)
and (b)."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2007.
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INTRODUCED BY: |
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