STAND. COM. REP. NO. 1317

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 1728

       H.D. 1

       S.D. 1

 

 

 

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 H.B. No. 1728, H.D. 1, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO FEES,"

 

begs leave to report as follows:

 

     The purpose of this measure is to remove administrative agencies' authority to establish fees and to replace that authority 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 decision in Hawaii Insurers Council v. Lingle that found certain administrative fees to be a form of taxation, thus violating the separation of powers clause of the Hawaii Constitution.  Establishing these fees legislatively by statute rather than by administrative rule avoids conflict with the separation of powers doctrine, while also making administrative fees uniform.

 

     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 H.B. No. 1728, H.D. 1, S.D. 1, and recommends that it pass Third Reading.

 

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

 

 

 

____________________________

DONNA MERCADO KIM, Chair