Bill Text: HI SR84 | 2013 | Regular Session | Amended


Bill Title: Airline Deregulation; Hawaii Exemption

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2013-06-07 - Certified copies of resolutions sent, 06-07-13. [SR84 Detail]

Download: Hawaii-2013-SR84-Amended.html

 

 

STAND. COM. REP. NO. 1066

 

Honolulu, Hawaii

                  

 

RE:    S.R. No. 84

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Madam:

 

     Your Committees on Transportation and International Affairs and Public Safety, Intergovernmental and Military Affairs, to which was referred S.R. No. 84 entitled:

 

"SENATE RESOLUTION REQUESTING HAWAII'S CONGRESSIONAL DELEGATION TO PROPOSE AMENDMENTS TO THE AIRLINE DEREGULATION ACT TO EXEMPT HAWAII FROM THE UNITED STATES' PREEMPTION OF STATE ECONOMIC REGULATION OF INTERSTATE AIR TRANSPORTATION,"

 

beg leave to report as follows:

 

     The purpose and intent of this measure is to request Hawaii's Congressional Delegation to propose amendments to the Airline Deregulation Act to exempt Hawaii from the United States' preemption of state economic regulation of interstate air transportation.

 

     Your Committees received testimony in support of this measure from the Association of Hawaiian Civic Clubs and one individual.

 

     The Airline Deregulation Act of 1978 amended the Federal Aviation Act to prohibit states, political subdivisions of a state, or political authority of at least two states from enacting or enforcing a law, regulation, or other provision having the force and effect of law related to the price, route, or service of an air carrier providing air transportation, including foreign air transportation, interstate air transportation, or the transportation of mail by aircraft.  Alaska was specifically granted in statute an exemption from the Airline Deregulation Act under title 49 United States Code section 41713, which provides in part that, under certain circumstances, the federal preemption provisions of the Act do not apply to air transportation provided entirely in Alaska.

 

     Your Committees find that Hawaii is unique among all the states because Hawaii is an island state in which air transportation is often the only practical form of intrastate transportation, and Hawaii residents fly frequently among the islands to conduct business, vacation, and visit family and friends.

 

     Hawaii has only one major interisland air carrier that has no formidable competition.  Therefore, regulation of intrastate air transportation, similarly to Alaska, is necessary to limit monopoly pricing and ensure service to less profitable routes.

 

     Your Committees request that, if your Committee on Ways and Means chooses to schedule this measure for a hearing and pass it out of Committee, the title of the measure and references within the measure to interstate be amended to read intrastate.

 

     As affirmed by the records of votes of the members of your Committees on Transportation and International Affairs and Public Safety, Intergovernmental and Military Affairs that are attached to this report, your Committees concur with the intent and purpose of S.R. No. 84 and recommend that it be referred to the Committee on Ways and Means.

 

Respectfully submitted on behalf of the members of the Committees on Transportation and International Affairs and Public Safety, Intergovernmental and Military Affairs,

 

____________________________

WILL ESPERO, Chair

 

____________________________

J. KALANI ENGLISH, Chair

 

 

 

 

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