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THE SENATE |
S.B. NO. |
3220 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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A BILL FOR AN ACT
RELATING TO MOTOR CARRIERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 269-1, Hawaii Revised Statutes, is amended by amending the definition of "enforcement officer" to read as follows:
""Enforcement
officer" means any person employed and authorized by the commission to
investigate any matter on behalf of the commission. [The term also means a motor vehicle
safety officer employed and assigned, pursuant to section 271-38, by the
department of transportation to enforce sections 271-8, 271-12, 271-13, 271-19,
and 271-29 through assessment of civil penalties as provided in section
271-27(h), (i), and (j).]"
SECTION 2. Section 271-4, Hawaii Revised Statutes, is amended as follows:
1. By adding a new definition to be appropriately inserted and to read:
""Department" means the
department of transportation."
2. By amending the definition of "enforcement officer" to read:
""Enforcement officer" means
[any]:
(1) Any
person employed and authorized by the [commission] department to
investigate any matter on behalf of the [commission. The term also means a] department; and
(2) A
motor vehicle safety officer employed and assigned, pursuant to section 271-38,
by the department [of transportation] to enforce [sections 271-8, 271-12,
271-13, 271-19, and 271-29 through the assessment of civil penalties as
provided in section 271-27(h), (i), and (j).] this chapter."
SECTION 3. Section 271-27, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (c) to read:
"(c)
Any special agent, accountant, or examiner who knowingly and wilfully
divulges any fact or information which may come to the special agent's,
accountant's, or examiner's knowledge during the course of any examination or
inspection made under authority of sections 271-9(a)(4), 271-23, and 271-25,
except as the special agent, accountant, or examiner may be directed by the [commission]
department or by a court or judge thereof, shall be guilty of a
misdemeanor."
2. By amending subsections (f) though (j) to read:
"(f)
Any motor carrier or any officer, agent, employee, or representative
thereof, who wilfully fails or refuses to make a report to the [commission]
department as required by this chapter, or to make specific and full,
true, and correct answer to any question within thirty days from the time it is
lawfully required by the [commission,] department, or to keep
accounts, records, and memoranda in the form and manner prescribed by the [commission,]
department, or knowingly and wilfully falsifies, destroys, mutilates, or
alters any report, account, record, or memorandum or knowingly and wilfully
files with the [commission] department any false report, account,
record, or memorandum, or knowingly and wilfully neglects or fails to make
full, true, and correct entries in the accounts, records, or memoranda of all
facts and transactions appertaining to the business of the carrier, or person
required under this chapter to keep the same, or knowingly and wilfully keeps
accounts, records, or memoranda contrary to the rules, regulations, or orders
of the [commission] department with respect thereto, shall be
deemed guilty of a misdemeanor. As used
in this subsection, the words "keep" and "kept" mean made,
prepared, or compiled, as well as retained.
(g)
Except when required by state law to take immediately before a district
judge a person arrested for violation of this chapter, including any rule
adopted pursuant to this chapter, any enforcement officer, other than a motor
vehicle safety officer employed and assigned, pursuant to section 271-38, by
the department [of transportation] to assess civil penalties, upon arresting
a person for violation of this chapter, including any rule adopted pursuant to
this chapter shall issue to the alleged violator a summons or citation printed
in the form hereinafter described, warning the alleged violator to appear and
answer to the charge against the alleged violator at a certain place within
seven days after the arrest.
(1) The summons or citation shall be printed in a form comparable to that of other summonses and citations used for arresting offenders and shall include all necessary information. The form and content shall be adopted or prescribed by the district courts.
(2) The original of a summons or citation shall be given to the alleged violator and any other copies distributed in the manner prescribed by the district courts; provided that the district courts may prescribe alternative methods of distribution for the original and any other copies.
(3) Summonses and citations shall be consecutively numbered and any other copies of each shall bear the same number.
(4) Any person who fails to appear at the place and within the time specified in the summons or citation shall be guilty of a misdemeanor.
(5) If any person fails to comply with a summons or citation or fails or refuses to deposit bail as required, the enforcement officer shall cause a complaint to be entered against the person and secure the issuance of a warrant for the person's arrest.
(6) When
a complaint is made to any prosecuting officer of a violation of this chapter
or any rule, the enforcement officer who issued the summons or citation shall
subscribe to it under oath administered by another official whose name has been
submitted to the prosecuting officer and who has been designated by the [commission]
department to administer the same.
(1) Up to $1,000 for each offense;
(2) In
the case of a continuing violation, [not] no less than $50 and [not]
no more than $500 for each additional day during which the failure or
refusal continues; and
(3) Up to $5,000 for each fourth or subsequent violation within one calendar year.
(i)
Notwithstanding subsection (h), a motor carrier who fails to file,
within the prescribed time, a financial report with the [commission] department
pursuant to its rules may be assessed a civil penalty payable to the State up
to the sum of one-sixteenth of one per cent of the gross revenues from the
motor carrier's business during the preceding calendar year, if the failure is
for [not] no more than one month, with an additional
one-sixteenth of one per cent for each additional month or fraction thereof
during which the failure continues, but in no event shall the total civil
penalty be less than the sum of $50.
(j) In
addition to any other remedy available, the [commission] department
or its enforcement officer, including a motor vehicle safety officer employed
and assigned by the department [of transportation] pursuant to section
271-38, may issue citations to persons acting in the capacity of or engaging in
the business of a motor carrier within this State, without having a certificate
of public convenience and necessity or other authority previously obtained
under and in compliance with this chapter and rules adopted, or to any shipper
or consignee located in this State, or any officer, employee, agent, or
representative thereof who engages the services of those persons.
(1) The citation may contain an order of abatement and an assessment of civil penalties as provided in subsection (h). All penalties collected under this subsection shall be deposited in the treasury of the State. Service of a citation issued under this subsection shall be made by personal service whenever possible or by certified mail, restricted delivery, sent to the last known business or residence address of the person cited.
(2) Any
person served with a citation under this subsection may submit a written
request to the [commission] department for a hearing within
twenty days from the receipt of the citation, with respect to the violations
alleged, the scope of the order of abatement, and the amount of civil penalties
assessed. If the person cited under this
subsection notifies the [commission] department of the request
for a hearing in time, the [commission] department shall afford
the person an opportunity for a hearing under chapter 91. The hearing shall be conducted by the [commission,]
department, or the [commission] department may designate a
hearings officer to hold the hearing.
(3) If
the person cited under this subsection does not submit a written request to the
[commission] department for a hearing in time, the citation shall
be deemed a final order of the [commission.] department. The [commission] department may
apply to the appropriate court for a judgment to enforce the provisions of any
final order issued by the [commission] department or designated
hearings officer pursuant to this subsection, including the provisions for
abatement and civil penalties imposed.
In any proceeding to enforce the final order, the [commission] department
need only produce a certified copy of the final order and show that the notice
was given and that a hearing was held or the time granted for requesting the
hearing has run without a request.
(4) If
any party is aggrieved by the decision of the [commission] department
or the designated hearings officer, the party may appeal, subject to chapter
602, in the manner provided for civil appeals from the circuit courts; provided
that the operation of an abatement order shall not be stayed on appeal unless
specifically ordered by a court of competent jurisdiction after applying the
stay criteria enumerated in section 91-14(c).
The sanctions and disposition authorized under this subsection shall be
separate and in addition to all other remedies either civil or criminal
provided by law. The [commission]
department may adopt any rules under chapter 91 that may be necessary to
fully effectuate this subsection."
SECTION 4. Section 271-37, Hawaii Revised Statutes, is amended to read as follows:
"[[]§271-37[]]
Attorney general; aid in enforcement. Upon written request of the [public
utilities commission,] department, the attorney general shall
prosecute all violations on behalf of the [commission] department
for the enforcement of the provisions of this chapter."
SECTION 5. Section 271-38, Hawaii Revised Statutes, is amended to read as follows:
"§271-38
Enforcement. [At the request
of the public utilities commission, the department of transportation] The
department shall assign a motor vehicle safety officer employed by the
department [of transportation] to assist in the enforcement of [sections
271-8, 271-12, 271-13, 271-19, and 271-29, through the assessment of civil
penalties as provided in section 271-27(h), (i), and (j).] this chapter."
SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 for the transfer of functions related to the motor carrier law to the department of transportation.
The sum appropriated shall be expended by the department of transportation for the purposes of this Act.
SECTION 7. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in Act 164, Regular Session of 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ or per cent. This current declaration takes into account general fund appropriations authorized for fiscal year 2024-2025 in Act 164, Regular Session of 2023, and this Act only. The reasons for exceeding the general fund expenditure ceiling are that:
(1) The appropriation made in this Act is necessary to serve the public interest; and
(2) The appropriation made in this Act meets the needs addressed by this Act.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect on July 1, 3000.
Report Title:
PUC; DOT; Motor Carrier Law; Enforcement; Transfer; Appropriation; Expenditure Ceiling
Description:
Transfers the enforcement of the Motor Carrier Law from the Public Utilities Commission to the Department of Transportation. Makes conforming amendments. Appropriates funds. Effective 7/1/3000. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.