§269-30  Finances; public utility fee.  [Repealand reenactment on June 30, 2009.  L 2005, c 22, §51.]  (a)  Sections 607-5to 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 orcollected pursuant to this section shall be deposited with the director offinance to the credit of the public utilities commission special fundestablished under section 269-33.

(b)  There also shall be paid to the publicutilities commission in each of the months of July and December of each year,by each public utility subject to investigation by the public utilitiescommission, a fee equal to one-fourth of one per cent of the gross income fromthe 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 financeto the credit of the public utilities commission special fund.

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

(d)  Notwithstanding any provision of thischapter to the contrary, the public utilities commission may, upon the filingof a petition by a public utility, credit a public utility for amounts paidunder subsection (b) toward amounts the public utility owes in one call centerfees under section 269E-6(f). [L 1913, c 89, §17; am L 1913, c 137, §1; RL1925, §2207; am L 1933, c 169, §5; RL 1935, §7965; RL 1945, §4726; am L 1949, c180, §1; am L 1955, c 206, §2; RL 1955, §104-27; am L 1959, c 265, §14; am L Sp1959 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, §51deleted 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 forcomputation 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 determinedby §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.