§269-30  Finances; public utility fee.  [Repeal
and reenactment on June 30, 2009.  L 2005, c 22, §51.]  (a)  Sections 607-5
to 607-9 shall apply to the public utilities commission and each commissioner,
as well as to the supreme and circuit courts, and all costs and fees paid or
collected pursuant to this section shall be deposited with the director of
finance to the credit of the public utilities commission special fund
established under section 269-33.



(b)  There also shall be paid to the public
utilities commission in each of the months of July and December of each year,
by each public utility subject to investigation by the public utilities
commission, a fee equal to one-fourth of one per cent of the gross income from
the public utility's business during the preceding year, or the sum of $30,
whichever is greater.  This fee shall be deposited with the director of finance
to the credit of the public utilities commission special fund.



(c)  Each public utility paying a fee under
subsection (b) may impose a surcharge to recover the amount paid above
one-eighth of one per cent of gross income.  The surcharge imposed shall not be
subject to the notice, hearing, and approval requirements of this chapter;
provided that the surcharge may be imposed by the utility only after thirty
days' notice to the public utilities commission.  Unless ordered by the public
utilities commission, the surcharge shall be imposed only until the conclusion
of the public utility's next rate case; provided that the surcharge shall be subject
to refund with interest at the public utility's authorized rate of return on
rate base if the utility collects more money from the surcharge than actually
paid due to the increase in the fee to one-fourth of one per cent.



(d)  Notwithstanding any provision of this
chapter to the contrary, the public utilities commission may, upon the filing
of a petition by a public utility, credit a public utility for amounts paid
under subsection (b) toward amounts the public utility owes in one call center
fees under section 269E-6(f). [L 1913, c 89, §17; am L 1913, c 137, §1; RL
1925, §2207; am L 1933, c 169, §5; RL 1935, §7965; RL 1945, §4726; am L 1949, c
180, §1; am L 1955, c 206, §2; RL 1955, §104-27; am L 1959, c 265, §14; am L Sp
1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §269-30; am L 1973, c 149, §1(d);
am L 1981, c 167, §3; am L 1994, c 226, §3; am L 2004, c 141, §§2, 7]



 



Note



 



  Repeal and reenactment on June 30, 2009 by L 2005, c 22, §51
deleted by L 2009, c 72, §3.



 



Cross References



 



  Modification of fees, see §92-28.



 



Attorney General Opinions



 



  Nonutility revenues must be included in gross revenues for
computation of fees.  Att. Gen. Op. 61-100.



 



Case Notes



 



  Interisland fees.  32 H. 127.



  Interest on unpaid amounts.  33 H. 890, aff'd 96 F.2d 412,
aff'd 305 U.S. 306.



  Companies subject to fees under this section are determined
by §269-1, the definition of public utility.  56 H. 115, 530 P.2d 742.



  Cited:  34 H. 269, 270, aff'd 105 F.2d 286; 43 H. 216.