SB3115.DOC

SECTION 1. The legislature finds that section 46-16.5, Hawaii Revised Statutes, authorizes the counties to protect the public health, safety, and welfare by licensing, controlling and regulating public passenger vehicle services, including the picking up and discharging of passengers from various unrelated locations by taxicabs. In accordance with this authority, the counties have adopted ordinances and administrative rules addressing the supervision, regulation, and control of the transporting of passengers or property for hire in a taxicab. Specifically, criminal background checks for applicants for taxicab drivers' certificates are used in determining whether an applicant may pose a danger to the health, safety, or welfare of the traveling public.

The legislature further finds that there is uncertainty as to whether the counties have the authority to access the database of the Federal Bureau of Investigation or other agencies in order to conduct nationwide criminal background checks on applicants for taxicabs drivers' certificates.

The purpose of this Act is to increase the safety and security of Hawaii residents and visitors who utilize taxicab services by expressly authorizing the counties to conduct criminal background checks on taxicab drivers and applicants for taxicab drivers' certificates.

SECTION 2. Section 46-16.5, Hawaii Revised Statutes, is amended to read as follows:

"§46-16.5 Public passenger vehicle regulation. (a) The legislature finds and declares the following:

(1) The orderly regulation of vehicular traffic on the streets and highways of Hawaii is essential to the welfare of the State and its people;

(2) Privately-operated public passenger vehicle service provides vital transportation links within the State. Public passenger vehicle service operated in the counties enables the State to provide the benefits of privately-operated, demand-responsive transportation services to its people and to persons who travel to the State for business or tourist purposes;

(3) The economic viability and stability of privately-operated public passenger vehicle service is consequently a matter of statewide importance;

(4) The policy of the State is to promote safe and reliable privately-operated public passenger vehicle service to provide the benefits of that service. In furtherance of this policy, the legislature recognizes and affirms that the regulation of privately-operated public passenger vehicle service is an essential governmental function;

(5) The policy of the State is to require that counties regulate privately-operated public passenger vehicle service and not subject a county or its officers to liability under the federal antitrust laws;

(6) The policy of the State is to further promote privately-operated public passenger vehicle service, including but not limited to, the picking up and discharge of passengers from various unrelated locations by taxicabs; and

(7) The policy of the State is to further promote privately-operated public passenger vehicle service by requiring jitney services not regulated by the counties to be under the jurisdiction of the public utilities commission. For the purposes of this paragraph, "jitney services" means public transportation services utilizing motor vehicles that have seating accommodations for six to twenty-five passengers, operate along specific routes during defined service hours, and levy a flat fare schedule.

(b) Any other law to the contrary notwithstanding, where not within the jurisdiction of the public utilities commission, every county may provide rules to protect the public health, safety, and welfare by licensing, controlling, and regulating, by ordinance or resolution, public passenger vehicle service operated within the jurisdiction of the county; provided that the counties shall promote the policies set forth in subsection (a).

(1) Entry into the business of providing public passenger vehicle service within the jurisdiction of that county.

(2) The rates charged for the provision of public passenger vehicle service.

(3) The establishment of stands to be employed by one or a limited number of providers of public passenger vehicle service.

(d) When reviewing applicants for taxicab drivers' certificates, every county may:

(1) Conduct a background check of records stored in state, national, or international record repositories for any criminal history; and

(2) Require the submission of fingerprints for submission to any governmental agency or entity authorized to receive the fingerprints for a state, national, or international criminal history background check."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	3115
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII