Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection and Housing, to which was referred S.B. No. 2727 entitled:

begs leave to report as follows:

The purpose of this measure is to clarify that the licensing rules applicable to specific regulated professions and vocations, in addition to the specific licensing laws, prevail over uniform licensing laws.

The Department of Commerce and Consumer Affairs testified in support of this measure.

The Uniform Professional and Vocational Licensing Act, codified in chapter 436B, Hawaii Revised Statutes (HRS), establishes requirements of general applicability for the State's regulated professions and vocations, while requirements specific to the professions and vocations are codified in separate chapters within HRS. The uniform Act was not intended to override specific licensing laws, and section 436B-3, HRS, provides that a respective profession's licensing laws prevail over the uniform laws, except where the former is silent.

Under some licensing schemes, certain regulatory requirements are established by rule, rather than by statute. This has led to some confusion as to whether the specific licensing scheme still prevails over the general licensing laws, since section 436B-3, HRS, references only "laws" when it provides that specific professional and vocational licensing provisions prevail over the general laws. This measure clarifies that administrative rules, adopted by the licensing authority, also prevail over the general provisions of chapter 436B, HRS.

Your Committee has amended this measure by making technical, nonsubstantive changes to reflect preferred drafting style.

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection and Housing that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2727, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2727, S.D. 1, and be placed on the calendar for Third Reading.