STAND. COM. REP. NO.548-02

Honolulu, Hawaii

, 2002

RE: H.B. No. 1762

H.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Consumer Protection and Commerce, to which was referred H.B. No. 1762 entitled:

"A BILL FOR AN ACT RELATING TO INJURY TO PUBLIC UTILITY PROPERTY,"

begs leave to report as follows:

The purpose of this bill is to increase, from simple damages to treble damages, the amount that a public utility may recover from any person who injures or destroys through want of proper care, necessary or useful facilities, equipment, or property of a public utility.

Your Committee received testimony in support of this bill from Verizon Hawaii. The Department of Transportation and The Gas Company submitted testimony supporting the intent of this bill. The Consumer Advocate commented on this bill. State Farm provided testimony in opposition.

Your Committee finds that public utilities provide a wide variety of basic services, including electricity, gas, and telecommunication, to residents of Hawaii. The loss of any basic service significantly impacts individuals, families, and businesses.

Current law applies to persons who fail to use "proper care" and thus damage public utility property. Your Committee finds that trebling the damages that may be recovered for these types of actions would unfairly punish unintentional acts of carelessness. Your Committee has consequently amended this bill to:

(1) Retain the existing level of simple damages for persons who damage utility property while failing to exercise proper care;

(2) Allow treble damages to be recovered in instances in which a person recklessly or intentionally injures or damages a public utility; and

(3) Make technical, nonsubstantive amendments for purposes of clarity and style.

As affirmed by the record of votes of the members of your Committee on Consumer Protection and Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1762, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1762, H.D. 1, and be placed on the calendar for Third Reading.

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

 

____________________________

KENNETH T. HIRAKI, Chair