STAND. COM. REP. NO. 638

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1343

       S.D. 2

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

 

Madam:

 

     Your Committee on Ways and Means, to which was referred S.B. No. 1343, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO FEES AND OTHER ASSESSMENTS,"

 

begs leave to report as follows:

 

     The purpose of this measure is to replace various administrative agency fees that had been established by administrative rule with statutory fees.

 

     Your Committee received three written comments on this measure.  The written comments may be reviewed on the Legislature's website.

 

     Your Committee finds that this measure addresses concerns raised in the Hawaii Supreme Court's opinion in Hawaii Insurers Council v. Lingle.  Establishing these fees by statute rather than by administrative rule avoids conflict with the separation of powers doctrine, while also making administrative fee more uniform.

 

     Your Committee amended the bill by making technical, nonsubstantive amendments.

 

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1343, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1343, S.D. 2.

 

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

 

 

 

____________________________

DONNA MERCADO KIM, Chair