STAND. COM. REP. NO. 3353

Honolulu, Hawaii

RE:    H.B. No. 2004

       H.D. 2

       S.D. 2

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred H.B. No. 2004, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO TRANSPORTATION,"

begs leave to report as follows:

     The purpose and intent of this measure is to protect consumers and legitimate businesses from unauthorized transportation services rendered for compensation by establishing a new criminal offense for these activities.

     Your Committee received written comments in support of this measure from Robert's Hawaii Incorporated, Visitor Transit Coalition, Hawaii Transportation Association, and Polynesian Hospitality Incorporated.  Your Committee received written comments on this measure from the Public Utilities Commission.

     Your Committee finds that there have been complaints about illegal commercial transportation services that arrive ahead of scheduled pickups by legitimate businesses to collect customers and fares meant for the legitimate business.  Tourists have complained about being deceived into paying higher-than-quoted fares and additional payments and being driven to destinations without subsequent return transportation.  This measure seeks to halt the activities of illegal transportation services that fail to comply with industry requirements, deceive customers, and steal the business of legitimate transportation operators.

     Your Committee has amended this measure by:

     (1)  Replacing references to "visitor" with "consumer" with regard to the victims of the new offense established by this measure;

     (2)  Amending the definition of "bona fide transportation service" to:

          (A)  Clarify that it includes the operation of a licensed taxi cab;

          (B)  Require that vehicles used in the transportation service display a valid identification number issued by the Public Utilities Commission pursuant to section 271-29, Hawaii Revised Statutes; and

          (C)  Replace the reference to "medical examiner's certificate" with "medical examination certificate"; 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 Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2004, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2004, H.D. 2, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

DAVID Y. IGE, Chair