HOUSE OF REPRESENTATIVES	H.B. NO.	982
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO UTILITY FRANCHISES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1. Section 240-1, Hawaii Revised Statutes, is amended to read as follows:

     "§240-1  Electric light and power companies, tax on.  Every person operating in the State an electric light or power business as a public utility, whose franchise [does not provide] provides for the payment to the county in which the public utility operates of a tax[, or a tax of less than] of two and one-half per cent[,] or less, based upon the gross receipts of such person from all electric light or power furnished to consumers during each calendar year, shall file with the director of finance of the county in which the public utility operates, within one month after the expiration of each calendar year, a detailed statement showing all gross receipts from all electric light or power furnished to consumers during the preceding calendar year.  Such person shall, at the same time pay one and one-fourth per cent of the gross receipts to the director of finance, for and on behalf of such county, in addition to any and all other payments required to be made by law, [two and one-half] one and one-fourth per cent of the gross receipts[; or, if such person's franchise provides for a tax of less than two and one-half per cent of the gross proceeds, the difference between the tax required under such franchise and two and one-half per cent of the gross receipts, of such person from all electric light or power furnished to consumers during the preceding calendar year.] to the department of transportation highways division.  Payments of the franchise tax made to the department of transportation highways division shall be deposited into the state highway fund and shall be used for operation and maintenance of the department's highway facilities."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	BY REQUEST

Report Title:

Department of Transportation; Franchise Utility

Description:

Allows the State Department of Transportation Highways Division to collect an equitable compensation from franchise utility companies for the use of the state right of way.

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