CONFERENCE COMMITTEE REP. NO.115-02
Honolulu, Hawaii
, 2002
RE: H.B. No. 2468
H.D. 1
S.D. 1
C.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Honorable Robert Bunda
President of the Senate
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Sir:
Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 2468, H.D. 1, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO CEMETERY AND FUNERAL TRUSTS,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this bill is to authorize the Department of Commerce and Consumer Affairs (DCCA) to hire consultants to assist in reviewing cemetery and pre-need funeral authority license applications and other related regulatory matters.
Your Committee on Conference finds that there is an increasing need to regulate the funeral industry due to recent allegations of fraudulent practices on the Big Island and on the mainland. This measure allows DCCA to hire experts with skills in accounting, auditing law, and other areas, and have the expenses paid by the licensee whose application or activities require the retention of these consultants.
Your Committee on Conference has amended this measure by:
(1) Clarifying that a consultant's tasks shall include reviewing an applicant's filings and other related documentation for purposes of ensuring compliance with applicable law;
(2) Requiring DCCA to obtain an applicant's prior written consent to continue review of a filing where the costs to be charged to the applicant will exceed $25,000;
(3) Providing an applicant the opportunity to withdraw the filing;
(4) Changing the effective date to upon approval; and
(5) Making technical, nonsubstantive amendments for purposes of clarity, conformity, and style.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 2468, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 2468, H.D. 1, S.D. 1, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE SENATE |
ON THE PART OF THE HOUSE |
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____________________________ RON MENOR, Chair |
____________________________ KENNETH T. HIRAKI, Co-Chair |
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____________________________ BRIAN T. TANIGUCHI, Co-Chair |
____________________________ NOBU YONAMINE, Co-Chair |
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