reglab/housing_qa huggingface dataset:
HI Rev Stat § 271G-2 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271G. Hawaii Water Carrier Act|271G-2 Declaration of policy.

  §271G-2 Declaration of policy. The legislature of this State recognizes and declares that the transportation of persons and of property, for commercial purposes, by water within the State or between points within the State, constitutes a business affected with the public interest. It is intended by this chapter to provide for fair and impartial regulation of such transportation, so administered as to recognize and preserve the inherent advantages of such transportation, in the interest of preserving for the public the full benefit and use of the waterways consistent with the public safety and the needs of commerce: to promote safe, adequate, economical, and efficient service among carriers, to encourage the establishment and maintenance of reasonable rates and charges for transportation and related accessorial service, without unjust discrimination, undue preference or advantage, or unfair or destructive competitive practices, all to the end of developing, coordinating, and preserving a sound transportation system by water. This chapter shall be administered and enforced with a view to carrying out the above declaration of policy. [L 1974, c 94, pt of §1]
HI Rev Stat § 271G-3 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271G. Hawaii Water Carrier Act|271G-3 Administration; governing provisions of other acts.

 §271G-3 Administration; governing provisions of other acts. This chapter shall be administered by the public utilities commission of the State and the provisions of this chapter and of chapter 269, not inconsistent with this chapter, shall govern its administration; provided that sections 269-16 to 269-28 shall not apply in any respect to the regulation of water carriers. [L 1974, c 94, pt of §1; am L 1986, c 339, §28]
HI Rev Stat § 271G-4 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271G. Hawaii Water Carrier Act|271G-4 Application of chapter, interstate, or foreign commerce.

  §271G-4 Application of chapter, interstate, or foreign commerce. This chapter shall not apply to commerce with foreign nations or to interstate commerce, except insofar as the application is permitted under the Constitution and laws of the United States. [L 1974, c 94, pt of §1]
HI Rev Stat § 271G-5 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271G. Hawaii Water Carrier Act|271G-5 Definitions.

  §271G-5 Definitions. As used in this chapter:  "Certificate" means a certificate of public convenience and necessity issued under this chapter to common carriers by water.  "Chapter" means this Water Carrier Law.  "Commission" means the public utilities commission.  "Enforcement officer" means any person employed and authorized by the commission to investigate any matter on behalf of the commission.  "Person" or "persons" means any individual, firm, copartnership, corporation, company, association, or joint stock association; and includes any trustee, receiver, assignee, or personal representative thereof.  "Rates" includes rates, fares, tolls, rentals, and charges of whatever kind and nature unless the context indicates otherwise.  "Related companies" means companies or persons that directly, or indirectly through one or more intermediaries, control, or are controlled by, or are under common control with, the water carrier. The term "control", in reference to a relationship between any person or persons and another person or persons, includes actual as well as legal control, and indirect as well as direct control.  "Transportation of persons" includes every service in connection with or incidental to the safety, comfort, or convenience of persons transported and the receipt, carriage, and delivery of these persons and their baggage.  "Transportation of property" includes every service in connection with or incidental to the transportation of property, including in particular its receipt, and delivery, carriage, preservation, and all incidental services affecting these activities.  "Vessel" means any watercraft or other artificial contrivance of whatever description that is used, or capable of being used, or intended to be used, as a means of transportation by water.  "Water carrier" or "common carrier by water" means any person who holds oneself out to the general public as engaging in the transportation by water of passengers or property for compensation within the State or between points within the State. [L 1974, c 94, pt of §1; gen ch 1985; am L 1991, c 57, §3; am L 2020, c 70, §22]
HI Rev Stat § 271G-6 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271G. Hawaii Water Carrier Act|271G-6 Exemptions, generally.

  §271G-6 Exemptions, generally. Notwithstanding any other provisions of this chapter, its contents shall not apply to:  (1) Persons transporting their own property where the transportation is in furtherance of a primary business purpose or enterprise of that person except where the transportation is undertaken by a water carrier to evade the regulatory purposes of this chapter;  (2) Nonprofit agricultural cooperative associations to the extent that they engage in the transportation of their own property or the property of their members;  (3) Persons engaged in the transportation over water of passengers or property for compensation, other than transportation referred to in the definition of "water carrier" or "common carrier by water" in section 271G-5 under continuing contracts with one person or a limited number of persons for the furnishing of transportation services:  (A) Through the assignment of vessels for a continuing period of time to the exclusive use of each person served; or  (B) Designed to meet the distinct need of each individual customer;  (4) Persons transporting their own property or employees where the transportation is in furtherance of a business or enterprise of fishing or taking of fish for profit or gain as a means of livelihood; or  (5) Persons engaged in the business of transporting persons for sightseeing and other recreational activities. [L 1974, c 94, pt of §1; am L 2020, c 70, §23]
HI Rev Stat § 271G-7 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271G. Hawaii Water Carrier Act|271G-7 General duties and powers of the commission.

 §271G-7 General duties and powers of the commission. The general duties and powers of the public utilities commission shall be:  (1) To regulate water carriers, and to that end the commission shall have and utilize the investigative powers set forth in section 269-7 as well as all of the duties and powers specifically enumerated in this chapter, and water carriers shall be subject to the duties set forth in sections 269-8 and 269-9 as well as all of the duties specifically enumerated herein.  (2) To establish such just and reasonable classifications of water carriers as the special nature of the services performed by the carriers shall require, and such just and reasonable rules, regulations, and requirements, consistent with this chapter, to be observed by the carriers so classified or grouped, as the commission deems necessary or desirable in the public interest. Such classifications, rules, regulations, and requirements shall be adopted and promulgated pursuant to the provisions of chapter 91 and shall have the force and effect of law.  (3) Upon complaint in writing to the commission by any person or body politic, or upon its own initiative without complaint, the commission may investigate whether any water carrier has failed to comply with any provision of this chapter, or with any rule or order adopted or issued hereunder.  (4) The commission may investigate any person acting in the capacity of or engaging in the business of a water carrier within the State, without having a certificate of public convenience and necessity or other authority previously obtained under and in compliance with this chapter or the rules promulgated under this chapter. [L 1974, c 94, pt of §1; am L 1991, c 57, §15]
HI Rev Stat § 271G-8 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271G. Hawaii Water Carrier Act|271G-8 Reports and decisions of commission.

  §271G-8 Reports and decisions of commission. Whenever the public utilities commission inquires into the operations, operating rights, rates, safety of operations, or directs inquiry and investigation into water carrier activities regulated under this chapter, and holds public hearing thereon, it shall make a report in writing in respect thereto, which shall state its findings of fact and conclusions of law, together with its decision, order, or requirement in the premises. The provisions of chapter 91 shall apply. [L 1974, c 94, pt of §1]
HI Rev Stat § 271G-9 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271G. Hawaii Water Carrier Act|271G-9 Copies of schedules, tariffs, contracts, etc., kept as public records; evidence.

  §271G-9 Copies of schedules, tariffs, contracts, etc., kept as public records; evidence. The copies of schedules and classifications and tariffs or rates, fares, and charges, and all contracts, agreements and arrangements between water carriers filed with the public utilities commission as herein provided, and any reports filed with the commission as required under this chapter shall be preserved as public records. [L 1974, c 94, pt of §1]
HI Rev Stat § 271G-11 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271G. Hawaii Water Carrier Act|271G-11 No proprietary right in water.

  §271G-11 No proprietary right in water. No certificate issued under this chapter confers any proprietary or property right in the use of the waterways. [L 1974, c 94, pt of §1]
HI Rev Stat § 271G-12 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271G. Hawaii Water Carrier Act|271G-12 Temporary authority.

  §271G-12 Temporary authority. To enable the provision of service for which there is an immediate and urgent need to a point or points or within a territory having no carrier service capable of meeting the need, the public utilities commission may, in its discretion and without hearings or other proceedings, grant temporary authority for such service by a water carrier. The temporary authority, unless suspended or revoked for good cause, shall be valid for such time as the commission shall specify, but for no more than a period of one hundred twenty days for any one immediate and urgent need. [L 1974, c 94, pt of §1]
HI Rev Stat § 271G-13 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271G. Hawaii Water Carrier Act|271G-13 Security for protection of public.

  §271G-13 Security for protection of public. No certificate shall be issued to a water carrier or remain in force unless such carrier complies with such reasonable rules and regulations as the public utilities commission shall prescribe governing the filing and approval of surety bonds, policies of insurance, qualifications as a self-insurer, or other securities or agreements, in such reasonable amounts as the commission may require. [L 1974, c 94, pt of §1]
HI Rev Stat § 271G-15 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271G. Hawaii Water Carrier Act|271G-15 Suspension, change, and revocation of certificates.

  §271G-15 Suspension, change, and revocation of certificates. Certificates shall be effective from the date specified therein, and shall remain in effect until suspended or terminated as herein provided. Any certificate may, upon application of the holder thereof, in the discretion of the public utilities commission, be amended or revoked, in whole or in part, or may upon complaint, or on the commission's own initiative, after notice and hearing, be suspended, changed, or revoked, in whole or in part, for wilful failure to comply with any provisions of this chapter, or with any lawful order, rule, or regulation of the commission promulgated thereunder, or with any term, condition, or limitation of the certificate; provided that no such certificate shall be revoked (except upon application of the holder) unless the holder thereof wilfully fails to comply within a reasonable time, not less than thirty days, to be fixed by the commission, with a lawful order of the commission, made as provided in this chapter, commanding obedience to this chapter, or to the rule or regulation of the commission thereunder, or to the term, condition, or limitation of the certificate or permit, found by the commission to have been violated by the holder; and provided further that the right to engage in transportation by virtue of any certificate or any application filed pursuant to section 271G-10 or by virtue of temporary authority under section 271G-12 may be suspended by the commission, upon reasonable notice of not less than fifteen days to the carrier, but without hearing or other proceedings, for failure to comply, and until compliance, with section 271G-17(a) or with any lawful order, rule, or regulation of the commission promulgated thereunder. [L 1974, c 94, pt of §1]
HI Rev Stat § 271G-17.5 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271G. Hawaii Water Carrier Act|271G-17.5 Issuance of securities; execution of leases.

 §271G-17.5 Issuance of securities; execution of leases. A water common carrier may, on securing the prior approval of the public utilities commission, and not otherwise, issue stocks and stock certificates, bonds, notes, and other evidences of indebtedness, payable at periods of more than twelve months after the date thereof, and enter into long-term leases of more than three years and leverage leases, for the following purposes and no other, namely:  (1) For the acquisition of property; or  (2) For the construction, completion, extension, or improvement of or addition to its facilities or service; or  (3) For the discharge or lawful refunding of its obligations; or  (4) For the reimbursement of moneys actually expended from income or from any other moneys in its treasury not secured by or obtained from the issue of its stocks or stock certificates, or bonds, notes, or other evidences of indebtedness, for any of the aforesaid purposes, except maintenance of service, replacements, and substitutions not constituting capital expenditure in cases where the water carrier has kept its accounts for such expenditures in such manner as to enable the commission to ascertain the amount of moneys so expended and the purposes for which the expenditures were made, and the sources of the funds in its treasury applied to the expenditures.  As used herein, "property" and "facilities" mean property and facilities used in all operations of a water carrier whether or not included in its regulated operations or rate base. A water carrier may not issue securities nor enter into long-term leases of more than three years and leverage leases, to acquire property or to construct, complete, extend or improve or add to its facilities or service, if the commission determines that the proposed purpose will have a material adverse effect on its operations. No carrier shall repurchase or reissue its own common stock without prior commission approval.  All stock and every stock certificate, and every bond, note, or other evidence of indebtedness of a water carrier not payable within twelve months, issued without an order of the commission authorizing the same, then in effect, shall be void. In addition, all long-term leases of more than three years and all leverage leases entered into by a water carrier without an order of the commission authorizing the same then in effect shall be void. [L 1980, c 131, §1]
HI Rev Stat § 271G-18 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271G. Hawaii Water Carrier Act|271G-18 Accounts, records, and reports.

  §271G-18 Accounts, records, and reports. The public utilities commission may require annual, periodical, or special reports from all water carriers, prescribe the manner and form in which the reports shall be made, and require from the carriers specific and full, true, and correct answers to all questions upon which the commission may deem information to be necessary. [L 1974, c 94, pt of §1]
HI Rev Stat § 271G-20 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271G. Hawaii Water Carrier Act|271G-20 Collection of rates and charges.

  §271G-20 Collection of rates and charges. No water carrier shall deliver or relinquish possession at destination of any freight transported by it until all tariff rates and charges thereon have been paid if such delivery or relinquishment without payment of all such rates and charges has been prohibited or restricted by rules and regulations of the commission, and if so prohibited and restricted, then delivery or relinquishment shall be made only under such rules and regulations as the public utilities commission may from time to time prescribe to govern the settlement of all the rates and charges, including rules and regulations for weekly or monthly settlement, and to prevent unjust discrimination or undue preference or prejudice; provided that this section shall not be construed to prohibit any carrier from extending credit in connection with rates and charges on freight transported for the United States, for any department, bureau, or agency thereof, or for any state or political subdivision thereof. [L 1974, c 94, pt of §1]
HI Rev Stat § 271G-21 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271G. Hawaii Water Carrier Act|271G-21 Recovery of overcharges or undercharges.

  §271G-21 Recovery of overcharges or undercharges. (a) All actions by water carriers or common carriers by water for the recovery of their charges, or any part thereof, shall be begun within three years from the time the cause of action accrues, and not after.  (b) For recovery of overcharges, actions shall be begun within three years from the time the cause of action accrues, and not after, subject to subsection (c) of this section, except that if claim for the overcharge has been presented in writing to the carrier within the three-year period of limitation the period shall be extended to include six months from the time notice in writing is given by the carrier to the claimant of disallowance of the claim, or any part or parts thereof specified in the notice.  (c) If on or before the expiration of the three-year period of limitation in subsection (b) a common carrier by water begins action under subsection (a) for recovery of charges in respect of the same transportation service, or, without beginning action, collects charges in respect of that service, the period shall be extended to include ninety days from the time the action is begun or the charges are collected by the carrier.  (d) The cause of action in respect of a shipment of property shall, for the purpose of this section, be deemed to accrue upon delivery or tender of delivery thereof by the carrier, and not after.  (e) The term "overcharges" as used in this section means charges for transportation services in excess of those applicable thereto under the tariffs lawfully on file with the commission. [L 1974, c 94, pt of §1]
HI Rev Stat § 271G-22 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271G. Hawaii Water Carrier Act|271G-22 Allowance to shippers for transportation services.

  §271G-22 Allowance to shippers for transportation services. If the shipper of property transported under this chapter, directly or indirectly, renders any service connected with the transportation, or furnishes any instrumentality used therein, the charge and allowance therefor shall be published in tariffs or schedules filed in the manner provided in this chapter and shall be no more than is just and reasonable; and the public utilities commission may, after hearing on a complaint or on its own initiative, determine what is a reasonable charge as the maximum to be paid by the carrier or carriers for the services so rendered or for the use of the instrumentality so furnished, and fix the same by appropriate order. [L 1974, c 94, pt of §1]
HI Rev Stat § 271G-23 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271G. Hawaii Water Carrier Act|271G-23 Hearings.

 §271G-23 Hearings. (a) All hearings, investigations, and proceedings shall be governed by chapter 91 and by rules of practice and procedure adopted by the public utilities commission, and in the conduct thereof, the technical rules of evidence need not be applied; provided that in all evidentiary hearings conducted pursuant to chapter 91 in which a carrier has the burden of justifying the reasonableness of its rates, fares, charges, or classifications, the burden of proof of the carrier in proving the reasonableness of expenditures, contracts, leases, or other transactions between the carrier and corporate affiliates of the carrier shall be satisfied only if the reliable, probative and substantial evidence is clear and convincing. No informality in any hearing, investigation, or proceeding, or in the manner of taking testimony shall invalidate any order, decision or rule made, approved, or confirmed by the commission.  (b) Complaints may be made, in writing, by the commission on its own motion or by any person or body politic setting forth any act or thing done, or omitted to be done by any water carrier, including any rule, regulation, rate, or charge, heretofore established or fixed by or for any water carrier, in violation or claimed to be in violation, of any law or of any order or rule of the commission. [L 1974, c 94, pt of §1; am L 1980, c 202, §4 and c 232, §9]
HI Rev Stat § 271G-23.5 (2021)
2021 Hawaii Revised Statutes|Title 15. Transportation and Utilities|271G. Hawaii Water Carrier Act|271G-23.5 Notice of hearing required.

  §271G-23.5 Notice of hearing required. (a) Whenever the commission conducts a public hearing on an application for a certificate pursuant to section 271G-10, the commission shall provide reasonable notice in writing to the applicant for a certificate and to the public on each island that will be affected by the proposed service of the fact of the public hearing and the matter to be considered. Notice pursuant to this section shall be provided at least thirty days before the date fixed by the commission for the public hearing.  (b) Notice provided pursuant to this section shall plainly state the proposed operations, routes, and services of the applicant and the proposed effective date. Notice under this section shall be effective upon compliance with subsection (c); provided that the commission shall retain and make available for public inspection copies of all notices and related documents issued pursuant to this section.  (c) Any public hearing held pursuant to section 271G-10(c) shall be a noticed public hearing or hearings on the island or islands to which the water carrier proposes to provide services or which will be affected by the proposed service. Notice of the hearing, its purpose, and the date, time, and place at which it will open shall be given not less than once in each of three weeks on each island in the county or counties to which the water carrier proposes to provide services or which will be affected by the proposed service. The first notice shall be given not less than twenty-one days before the public hearing and the last notice shall be given not more than two days before the public hearing. [L 2011, c 213, §2]