STAND. COM. REP. NO. 2505

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2304
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Commerce and Consumer Protection, to which
was referred S.B. No. 2304 entitled: 

     "A BILL FOR AN ACT RELATING TO THE MOTOR CARRIER LAW,"

begs leave to report as follows:

     The purpose of this measure is to reduce inefficiency and
duplication in the process governing appeals from orders of the
Public Utilities Commission (PUC).

     The PUC and E Noa Corporation submitted testimony on the
measure.

     Currently, a motor carrier must file two appeals to the
Hawaii Supreme Court in order to preserve its rights of appeal
from an order of the PUC.  The first appeal is required when,
after the carrier files a motion for reconsideration or
rehearing, no decision from the PUC issues within twenty days.
Under the present law, the motion is deemed denied after the
passage of the twenty-day period.  The second appeal is required
upon an affirmative denial of the motion by the PUC.

     This measure would eliminate the need to file an appeal
twice by repealing the provision that deems a motion for
reconsideration or rehearing denied if the PUC fails to render a
decision on the motion within twenty days.  Additionally, the
measure establishes a requirement that the PUC issue a
determination on a motion for reconsideration or rehearing within
thirty days of the filing of the motion.  

 
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     Your Committee received testimony from the PUC that a
thirty-day period for decisionmaking is insufficient because a
respondent in a motion for reconsideration or rehearing is
allowed five days to file a response and frequently requests
additional time.  Accordingly, your Committee has amended this
measure by increasing the length of time the PUC has for
decisionmaking on a reconsideration or rehearing motion from
thirty days to forty-five days from the filing date of the
motion. 

     As affirmed by the record of votes of the members of your
Committee on Commerce and Consumer Protection that is attached to
this report, your Committee is in accord with the intent and
purpose of S.B. No. 2304, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as S.B.
No. 2304, S.D. 1, and be placed on the calendar for Third
Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Commerce and
                                   Consumer Protection,



                                   ______________________________
                                   BRIAN KANNO, Co-Chair



                                   ______________________________
                                   BRIAN T. TANIGUCHI, Co-Chair

 
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