PUC Annual Report–Fiscal Year 2011-12 - Public Utilities Commission

Public Utilities Commission Annual Report 2011-12
State of Hawaii Page 96
Hawaii benefit from the lower tax rate. If the current favorable rate provisions are
allowed to sunset, the tax rate will rise from 2 cents per gallon of naphtha to the
standard 17 cents per gallon on most other fuels.
Act 203, Relating to Transportation [H.B. No. 2004, H.D. 2, S.D. 2, C.D. 1]
Act 203 changes the mental capacity requirements for the violation of the
unlawful operation of motor carriers under HRS §§ 271-27(a) and (b) from “knowingly
and willfully” to “intentionally, knowingly, or recklessly.” This Act was passed in
response to complaints that an increasing number of motor carrier passengers were
being taken advantage of by unscrupulous motor carrier operations or those posing as
legitimate motor carrier operations. Thus, this legislation lowers the mental capacity
requirements for the misdemeanor of the unlawful operation of motor carriers.
Act 242, Relating to Information Technology [S.B. No. 2236, H.D. 2, C.D. 1]
Part I of Act 242 expands and amends the statutory provisions under HRS
Chapter 39A that authorize the issuance of special purpose revenue bonds (“SPRBs”)
for electrical energy and gas projects to also include authorization for the issuance of
SPRBs for telecommunications carriers. Part II of this Act specifically authorizes the
issuance of $100,000,000 in SPRBs to support Clearcom, Inc., or a partnership headed
by Clearcom, Inc., in the planning and development of broadband infrastructure
throughout the State.
Act 259, Relating to Reporting Requirements for Telecommunications and
Cable Television Providers [H.B. No. 2526, H.D. 2, S.D. 2]
This Act requires communications service providers, including
telecommunications providers, to report to the Department of Commerce and Consumer
Affairs certain information that includes the availability of broadband access across
different market segments and broadband pricing. Confidentiality provisions concerning
reported information supplied by providers are also included in Act 259.
Act 298, Relating to Motor Carriers [S.B. No. 824, S.D. 2, H.D. 2, C.D. 1]
Act 298 prohibits existing and future motor carrier service contract provisions that
would require a motor carrier to indemnify, defend or hold harmless an indemnitee party
to a contract for any liability arising from the negligence or intentional acts or omissions
of that indemnitee party.