Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 145 entitled:

begs leave to report as follows:

The purpose of this measure is to amend various provisions of the Hawaii Revised Statutes and the Session Laws of Hawaii pursuant to chapter 23G, Hawaii Revised Statutes, to correct errors, update references, clarify language, and delete obsolete or unnecessary language.

Your Committee finds that all of the statutory amendments proposed by the measure are of a purely technical nature and either contain no substantive changes to the law, or, if they have any substantive effect, are done simply to correct the types of errors noted in this report.

Your Committee finds the reasons for the respective technical amendments made in the bill are as follows:

Section 1. Section 26-6(b), HRS, contains two sets of paragraphs numbered (1) to (10) and (1) to (4), respectively. Referencing or citing these paragraphs causes ambiguity because, for example, a reference to "section 26-6(b)(1)" could mean either of two paragraphs numbered "(1)".

Section 26-6(b), HRS, should be amended by designating the second set of paragraphs (1) to (4) as subsection (c) and redesignating the existing subsections (c) thru (e) as subsections (d) thru (f) to eliminate the ambiguity.

Section 2. L 2004, c 93 transferred all rights, powers, functions, and duties relating to the administration of chapter 467B, HRS, from the department of commerce and consumer affairs to the department of the attorney general. Section 467B-12, HRS, as amended by section 12 of Act 93, now provides that every fundraising counsel or professional solicitor, prior to any solicitation, must file a registration statement accompanied by a $250 fee with the attorney general.

Section 26-9(o), HRS, currently provides in part that every person registered under chapter 467B shall pay a fee to the department of commerce and consumer affairs for deposit into the compliance resolution fund. As L 2004, c 93 transferred the collection of fees for chapter 467B, HRS, from the department of commerce and consumer affairs to the department of the attorney general, the reference to "chapter 467B" in section 26-9(o), HRS, should be deleted.

In addition, the penultimate paragraph in section 26-9(o), HRS, provides in part that ""compliance resolution" means a determination of whether...(5) any person subject to chapter 467B has complied with that chapter...." Again, as L 2004, c 93 transferred all rights, powers, functions and duties of the department of commerce and consumer affairs relating to the administration of chapter 467B, HRS, to the department of the attorney general, the penultimate paragraph in section 26-9(o), HRS, should be amended by deleting subparagraph (5) and its reference to any person subject to chapter 467B, HRS.

Section 76-16(b), HRS, should be amended to restore paragraph (16) to its original form to remove any ambiguity in the separate departmental positions.

Section 4. L 2004, c 16 amended section 26-35, HRS, by designating the existing language of the section as subsection (a) and adding a subsection (b) providing sovereign immunity for every board or commission established or placed within a state department. Act 16 also made a conforming amendment to section 201B-5, HRS, by adding the subsection (a) designation to the section 26-35, HRS, reference, and in doing so, excludes the applicability of sovereign immunity for the Hawaii tourism authority.

Section 201B-5 should be amended to include reference to the new subsection (b).

Section 5. When section 243-4(c)(3), HRS, was last amended by L 1971, c 51, which added, among other things, the phrase "the tax as provided by paragraphs (1) and (2) of this section". It appears that this phrase was intended to apply to paragraphs (1) and (2) of subsection (c) and not to paragraphs (1) and (2) of subsections (a) or (b).

To correct this ambiguity, section 243-4(c)(3), HRS, should be amended to substitute the word "subsection" for "section".

Section 6. When L 2004, c 216, §30 amended section 245-23, HRS, by deleting the exemption of the tax department from the requirements of chapter 103D relating to procurement, it failed to make a conforming amendment to the section heading of section 245-23, HRS, to reflect this change.

Section 245-23, HRS, should be amended by deleting the word "procurement" from the section heading to make it consistent with the section as amended by L 2004, c 216, §30.

Section 7. When 249-31, HRS, was amended by L 2004, c 158, §3, the existing text of the section was designated as subsection (a) and a new subsection (b) was added. Subsection (b) directed that the moneys collected from each annual motor vehicle registration fee should go into two separate funds -- the state highway fund and the emergency medical services special fund. However, subsection (a) was not amended to conform to the new funding directives of subsection (b), as it still requires all proceeds to be paid into the state highway fund.

To conform, section 249-31(a), HRS, should be amended by deleting the phrase "to be paid into the state highway fund" to eliminate the conflict with subsection (b).

Also in section 249-31(a), HRS, the reference to "sections 249-3 to 249-6" is changed to "sections 249-4 and 249-6" to remove obsolete references to section 249-3, 249-3.5, and 249-5, HRS, which were repealed by L 1995, c 164, §§5 to 7.

Section 8. L 2004, c 216, part III repeals statutory exemptions from chapter 103D effective January 1, 2005. Section 255D-4, HRS, authorizes the department of taxation to enter into the streamlined sales and use tax cooperative agreement with member states. When section 255D-4, HRS, was amended by Act 216, §31, by removing the phrase "and the joint procurement not subject to chapter 103D", that modified "with other member states, of goods and services in furtherance of the cooperative agreement", the sentence became incomplete.

Section 255D-4, HRS, should be amended by restoring the deleted phrase.

Section 9. L 2004, c 199, §2 amended section 271-38, HRS, by adding reference to "section 271-19" to the list of sections the department of transportation shall assign a motor vehicle safety officer to enforce the motor carrier law when requested to do so by the public utilities commission. The definition of "enforcement officer" in section 269-1, HRS, currently does not include "section 271-19" as one of sections the department of transportation assigns a motor vehicle safety officer to enforce the motor carrier law when requested to do so by the public utilities commission.

Section 269-1, HRS, should be amended by adding the reference to "section 271-19" to conform to the amendment of section 271-38, HRS, by L 2004, c 199, §2.

Section 10. L 2001, c 88, §§3 and 10(1) repealed chapter 87, HRS, the Hawaii "public employees health fund" law and replaced it with chapter 87A, HRS, relating to the "Hawaii employer-union health benefits trust fund".

Section 269-2(b), HRS, still contains reference to the repealed chapter 87, HRS. Section 269-2(b), HRS, should be amended to change repealed chapter 87, HRS, to chapter 87A, HRS.

Section 11. Section 269-17.5(b), HRS, contains the term "United States Immigration and Naturalization Services". The Homeland Security Act of 2002, signed by the President on November 25, 2002, transferred the Immigration and Naturalization Services to the new Department of Homeland Security, with immigration service functions placed into a new United States Citizenship and Immigration Services.

Section 269-17.5(b), HRS, should thus be amended by replacing "United States Immigration and Naturalization Services" with the new "United States Citizenship and Immigration Services."

Section 271-4(15), HRS, should be amended by adding the reference to "section 271-19" to conform to the amendment of section 271-38, HRS, by L 2004, c 199, §2.

Section 302A-433(7), HRS, should thus be amended by replacing "United States Immigration and Naturalization Service" with the new "United States Citizenship and Immigration Services."

Section 14. Section 302A-1185(c)(2)(B), HRS, as amended by L 2004, c 132, §1, provides that "[a]n accounting of the percentage of student enrollment who transferred from public schools...shall also be submitted by the charter school administrative office to the legislature no later than twenty days of each regular session". The words "prior to the convening" appear to have been inadvertently omitted after "twenty days".

In addition, section 302A-1185(c)(3), HRS, is missing the word "provide" before "[t]he remaining ten per cent per pupil allocation for a new century charter school no later than January 1 of each year as a contingency balance to ensure fiscal responsibility."

Section 302A-1185(c)(2)(B) and (c)(3) should be amended to include the missing words.

Section 15. L 2004, c 161, §36 amended various sections of the Hawaii Revised Statutes by substituting the word "guardian" wherever the term "guardian of the person", or like term, appears, as the context requires

Section 327G-3(c), HRS, relating to advance mental health care directives, should be amended by substituting the word "guardian" for "guardian of the person" to make it consistent with the term as amended by Act 161 and as defined in section 327G-2, HRS.

Section 327G-9(a), HRS, relating to advance mental health care directives, should be amended by substituting the word "guardian" for "guardian of the person" to make it consistent with the term as amended by Act 161 and as defined in section 327G-2, HRS.

Section 327G-14(5), HRS, relating to advance mental health care directives, should be amended by substituting the word "guardian" for "guardian of the person" to make it consistent with the term as amended by Act 161 and as defined in section 327G-2, HRS.

Section 18. L 2004, c 161, §36 amended various sections of the Hawaii Revised Statutes by substituting the word "guardian" wherever the term "guardian of the person", or like term, appears, as the context requires.

Section 333F-1, HRS, relating to services for persons with developmental disabilities or mental retardation, should be amended by substituting the word "guardian" for "guardian of the person" to make it consistent with the term as amended by Act 161.

Section 19. L 2004, c 161, §36 amended various sections of the Hawaii Revised Statutes by substituting the word "guardian" wherever the term "guardian of the person", or like term, appears, as the context requires.

Section 333F-11(b), HRS, relating to services for persons with developmental disabilities or mental retardation, should be amended by substituting the word "guardian" for "guardian of the person" to make it consistent with the term as amended by Act 161.

Section 20. L 2004, c 47, created the Rx plus preferred drug list, codified as section 346-312.5, HRS. Subsection (d)(4) refers to the "America Medical Association Drug Evaluations". The correct term is "American Medical Association Drug Evaluations".

Section 346-312.5(d)(4), HRS, should be amended by changing the term "America Medical Association Drug Evaluations" to "American Medical Association Drug Evaluations".

Section 21. L 2004, c 161, §12, amended the text, but not the heading of section 353-25, HRS, by replacing the term "guardian" with "conservator".

Section 353-25, HRS, should be amended by replacing the word "guardian" with "conservator" in the section heading to conform with the section as amended by Act 161.

Section 22. L 2004, c 161, §13, amended section 353-26, HRS, by replacing the term "guardian" with "conservator".

Section 353-26, HRS, should be amended by replacing the word "guardian" with "conservator", to conform the section as amended by Act 161.

Section 23. L 2004, c 44, §10, amended section 353-66(f), HRS, by replacing the term "drug treatment program" with "substance abuse treatment program". However, the second sentence still contains the term "substance abuse program".

Section 353-66(f), HRS, should be amended by replacing the term "substance abuse program" with "substance abuse treatment program", to conform the subsection as amended by Act 44.

Section 24. L 2004, c 171, §3, enacted section 414D-233, HRS. Section 414D-233(a), HRS, refers to the "director". There is no definition of "director" in chapter 414D, HRS. The chapter defines a "department director" as the director of commerce and consumer affairs.

Section 414D-233(a), HRS, should be amended by deleting the brackets around "department" to ratify the revisor's insertion of "department" before "director" to conform to the definition provided in chapter 414D.

Section 25. Section 467B-2, HRS, relating to filing requirements for charitable organizations, was repealed by Act 120, Session Laws of Hawaii 1996. In section 431:10-202, HRS, of the Insurance Code, the definition of an "insurable interest" contains reference to a charitable organization "as defined in section 467B-1 and registered under section 467B-2". Reference to registration under repealed section 467B-2 should be deleted.

Section 431:10-202, HRS, as a definitional section, was also amended by deleting the subsection designations and formatting the definitions to conform to the style used in the Hawaii Revised Statutes.

Section 26. Section 431:10C-109(c), HRS, contains reference to section 607-17, HRS, relating to attorney's fees provided in promissory notes or contracts. Section 607-17, HRS, was repealed by Act 200, Session Laws of Hawaii 1993. Act 200 added provisions for these circumstances to section 607-14, HRS, which is already referenced in section 431:10C-109(c), HRS.

Section 431:10C-109(c), HRS, should be amended by deleting reference to the repealed section 607-17, HRS.

Section 27. The motor vehicle insurance administration revolving fund was repealed by Act 163, Session Laws of Hawaii 1999. Act 163 also established the insurance regulation fund and transferred unencumbered balances from the motor vehicle insurance administration revolving fund to the insurance regulation fund.

Section 431:10C-307.8(d), HRS, still states that funding for the insurance fraud investigations unit shall come from the repealed motor vehicle insurance administration revolving fund. The insurance commissioner is now authorized to expend moneys from the compliance resolution fund for investigators and other personnel (section 431:2-215(b), HRS). Section 431:10C-307.8, HRS, should thus be amended by repealing obsolete subsection (d).

Section 28. Article 17 of the Insurance Code (the Insurance Information Protection Act) was repealed by Act 339, Session Laws of Hawaii 1993. Article 17 regulated the use and disclosure of personal information obtained by an insurance company when an insurance policy was required in connection with a loan agreement. Current law on protection of consumer financial information is found in article 3A, which applies to all insurers licensed or authorized to do business in the State.

Section 431:19-102.2(b), HRS, still contains reference to repealed article 17. Section 431:19-102.2(b), HRS, should be amended by deleting reference to repealed article 17 and making other minor changes to conform to the style used in the Hawaii Revised Statutes.

Section 29. Act 253, Session Laws of Hawaii 2000, repealed chapter 77, HRS. Section 431P-3(h), HRS, still contains reference to this repealed chapter.

Section 431P-3(h), HRS, should be amended by deleting reference to repealed chapter 77.

Section 30. Act 169, Session Laws of Hawaii 1999, repealed chapter 327D, HRS, relating to medical treatment decisions, and enacted chapter 327E, HRS, the Uniform Health-Care Decisions Act in its place.

Section 432E-4(c), HRS, still contains reference to the repealed chapter 327D. Section 432E-4(c), HRS, should be amended by substituting the reference to chapter 327D, HRS, with chapter 327E, HRS. Section 432E-4(c), HRS, should also be amended by replacing the term "living wills" with "advanced health-care directives" to conform to the terminology found in chapter 327E.

Section 31. Section 453D-12(a)(9), HRS, states that "violating any condition or limitation upon which a condition or temporary license was issued" may be grounds for the director of commerce and consumer affairs to revoke, suspend, deny, or refuse to renew, etc., a mental health counselor license. Subsection (a)(9) should read "violating any condition or limitation upon which a conditional or temporary license was issued" [Emphasis added].

Section 453D-12(a)(9), HRS, should be amended to correct this typographical error.

Section 32. The last paragraph of section 461-11.5, HRS, as enacted by L 2004, c 190, §5, provided that "Nothing in this subsection shall be construed...." Section 461-11.5, HRS, does not contain any subsections.

Section 461-11.5, HRS, should be amended by deleting the brackets around "section" to ratify the revisor's substitution of "section" for "subsection" to make proper reference.

Section 33. L 2001, c 68, §2 amended section 478-8(b), HRS, by adding paragraph (6). The first sentence of paragraph (6) provided that "Indebtedness secured by a time share interest defined in 514E-1...." The revisor added the missing word "section" before "514E-1." The second sentence of paragraph (6) also provided that "This subsection shall not be deemed to...." The revisor changed the word "subsection" to "paragraph" to properly reflect reference to paragraph (6).

Section 478-8(b)(6), HRS, should be amended by deleting the brackets around the words "section" and "paragraph" to ratify the revisor's insertion of those words for proper reference.

Section 34. L 1991, c 153, §2 added section 486-36 to chapter 486, HRS. The third sentence of the penultimate paragraph of section 486-36(1), HRS, provided that "After a hearing pursuant to this subsection...." As section 486-36(1), HRS, is a paragraph rather than a subsection, the revisor replaced the word "subsection" with "paragraph."

Section 486-36(1), HRS, should be amended by deleting the brackets around "paragraph" to ratify the revisor's insertion of that word for proper reference.

Section 35. Prior to amendment by L 1998, c 219, §12, section 507-46, HRS, was one continuous paragraph. When amended by Act 219, paragraphs (1) to (3), contained in the first proviso, for priority of liens for claims filed by certain persons for wages for labor performed in the completion of the improvement, were block indented along with the second proviso. The second proviso should not have been continued as blocked text under paragraph (3).

Section 507-46, HRS, should be amended by moving the proviso in paragraph (3) out to the left margin so that it will not appear to be included in that paragraph.

Section 36. L 2004, c 161 §36 amended various sections of the Hawaii Revised Statutes by substituting the word "guardian" wherever the term "guardian of the person", or like term, appears, as the context requires.

Section 551A-2, HRS, relating to the office of the public guardian, contain the terms "guardian of the person" and "guardians of the person" in subsections (c), (d), and (f), but Act 161 only amended subsection (a).

Subsections (c), (d), and (f) of section 551A-2, HRS, should be amended by substituting the word "guardian" for "guardian of the person" and "guardians" for "guardians of the person" to conform those terms consistent as amended by Act 161.

Section 37. Article V of chapter 560, was amended by L 2004, c 161, §1, by adding four new parts. In article V, section 560:5-409(d), HRS, reference is made to the "determination of incapacity of the protected person under article 3". Guardianship of incapacitated persons falls under "part 3" of article V.

Section 560:5-409(d), HRS, should be amended by changing a protected person under "article 3" to a protected person under "part 3".

Section 38. L 2004, c 161, §36 amended various sections of the Hawaii Revised Statutes by substituting the word "guardian" wherever the term "guardian of the person", or like term, appears, as the context requires.

Section 560:5-601, HRS, relating to the sterilization rights of incapacitated persons, should be amended by substituting the word "guardian" for "guardian of the person" in the definition of "ward" to conform the term as amended by Act 161.

Section 39. L 2004, c 161, §36 amended various sections of the Hawaii Revised Statutes by substituting the word "guardian" wherever the term "guardian of the person", or like term, appears, as the context requires, and by substituting the word "conservator" wherever the term "guardian of the property", or like term, appears, as the context requires.

Section 560:6-101, HRS, relating to nonprobate transfers, should be amended by substituting the word "guardian" for "guardian of the person" and "conservator" for "guardian of the property" in the definition of "party" to conform those terms as amended by Act 161.

Section 40. L 2004, c 161, §36 amended various sections of the Hawaii Revised Statutes by substituting the word "guardianship" wherever the term "guardianship of the person", or like term, appears, as the context requires.

Section 571-2, HRS, relating to the family courts, should be amended by substituting the word "guardianship" for "guardianship of the person" in the definition of "guardianship of a minor" to conform the term as amended by Act 161.

Section 41. Section 578-8(c), HRS, contains the term "United States Immigration and Naturalization Service". The Homeland Security Act of 2002, signed by the President on November 25, 2002, transferred the Immigration and Naturalization Services to the new Department of Homeland Security, with immigration service functions placed into a new United States Citizenship and Immigration Services.

Section 578-8(c), HRS, should thus be amended by replacing "United States Immigration and Naturalization Service" with the new "United States Citizenship and Immigration Services."

Section 42. L 2004, c 231, §§1 and 2 amended sections 601-3.7(a) and 607-4(a), HRS, respectively, to provide that in addition to the fees collected for administrative costs associated with the processing of civil filings under section 607-4(b)(10), HRS, one half of fees collected for administrative costs associated with the processing of traffic citations under paragraphs (7), (8), and (9) of section 607-4(b), HRS, also be deposited in the judiciary computer system special fund. However, when amending section 607-4(a), HRS, L 2004, c 231, §2 deleted "subsection (b)(10)" when it added the phrase "one half of the fees collected pursuant to paragraphs (7), (8), and (9) of subsection (b)".

Section 607-4(a), HRS, should thus be amended by restoring the reference to section 607-4(b)(10), HRS, to make it consistent with section 601-3.7(a), HRS, as amended.

Section 43. When enacted by L 2004, c 119, §2, the word "rejected" was inadvertently omitted in the last sentence of section 672E-5(a), HRS, ("the settlement offer shall be deemed _______."). Also, the word "provide" was inadvertently omitted in subsection (b) ("the claimant shall _________ unfettered access to perform and complete...."). The prior draft of this Act contained both words.

Section 672E-5, HRS should be amended by deleting the brackets around "rejected" and "provide" to ratify the revisor's insertion of these omitted terms.

Section 44. L 2003, c 214, §5 provides that "upon the Internal Revenue Service's determination that Hawaii 3R's is a qualified nonprofit organization under section 501(c)(3) of the Internal Revenue Code, Act 309, Session Laws of Hawaii 2001, is amended by repealing section 3 [codified as §302A-1502.5]." Hawaii 3R's has received notification from the Internal Revenue Service by letter dated April 3, 2003, of determination as a qualified nonprofit organization under section 501(c)(3).

Section 302A-1502.5, HRS, should thus be formally repealed to remove this now obsolete law from the books.

Section 45. L 2003, c 80, §2 amended L 2000, c 39, §4 by extending the repeal and reenactment of section 514A-90, HRS, from December 31, 2003 to December 31, 2007. However, L 2003, c 53, §3 provides that the amendments made to section 514A-90(b), HRS, by Act 53, "shall not be repealed when section 514A-90 is reenacted on December 31, 2003, pursuant to section 4 of Act 39, Session Laws of Hawaii 2000".

L 2003, c 53, §3 should be amended to change the repeal and reenactment date of December 31, 2003 to December 31, 2007, to make it consistent with the date as amended by L 2003, c 80, §2.

Section 46. L 2004, c 10, §7 made a technical amendment to section 201B-2, HRS, which was intended to be permanent. However, Act 10 does not exempt this amendment to section 201B-2, HRS, from the June 30, 2007, repeal and reenactment provision contained in a later Act, L 2004, c 58, §14(2).

L 2004, c 10, §18 should therefore be amended to exempt Act 10's amendment to section 201B-2, HRS, from the repeal and reenactment provision of L 2004, c 58, §14(2).

Section 47. The prefatory language of L 2004, c 29, §2 states that "section (b)" of section 163D-3, HRS, is amended.

To eliminate any possible ambiguity, the prefatory language of L 2004, c 29, §2 should be amended to state that "subsection (b)" of section 163D-3, HRS, was amended.

Section 48. The prefatory language of L 2004, c 51, §6 provides that "Section 302A, Hawaii Revised Statutes, is amended...", and sets out section 302A-101, HRS.

To eliminate any possible ambiguity, the prefatory language of L 2004, c 51, §6 should be amended to state that "section 302A-101" was amended.

Section 49. L 2004, c 57, §5, amended section 28-8.3, HRS, by adding the office of elections and the campaign spending commission to the list of agencies allowed to employ or retain attorneys under section 28-8.3, HRS. However, Act 57 did not exempt these amendments to section 28-8.3, HRS, from the repeal and reenactment provision of L 2004, c 58, §14(2) on June 30, 2007, which would cause the office of elections' and the campaign spending commission 's authority to employ attorneys to lapse on that date.

Section 17 of L 2004, c 57, should be amended to exempt the amendments made to section 28-8.3, HRS, by L 2004, c 57, §5, from the repeal and reenactment provision of L 2004, c 58, §14(2).

Section 50. L 2004, c 58 amended sections 28-8.3, 40-1, 40-4, 40-6, 201B-2, and 201B-11, HRS, to, among other things, allow the Hawaii Tourism Authority to hire private attorneys and appoint a sports coordinator, require the Authority to deposit interest and revenues from any project into the tourism special fund, and exempt the Authority from state audit and accounting requirements.

Act 58 took effect on May 6, 2004. Pursuant to Act 58, §14(2), Act 58 is repealed on June 30, 2007, and sections 28-8.3, 40-1, 40-4, 40-6, 201B-2, and 201B-11, HRS, are reenacted in the form in which they read on June 29, 2005.

Pursuant to L 1998, c 115, §24, sections 40-1, 40-4, and 40-6, HRS, are subject to repeal on June 30, 2005, and reenactment in the form in which they read on June 30, 1986. The repeal and reenactment provision of L 1998, c 115 affects the University of Hawaii and the department of education. Thus, on June 30, 2005, references to the University of Hawaii and the department of education are deleted from sections 40-1, 40-4, and 40-6, HRS.

L 2004, c 58, §14(1) exempted Act 58's amendments to sections 40-1, 40-4, and 40-6 from L 1998, c 115, §24's repeal and reenactment. Consequently, on June 30, 2005, L 2004, c 58's amendments affecting the Hawaii Tourism Authority will be retained.

However, if, as presently provided by L 2004, c 58, §14(2), on June 30, 2007, sections 28-8.3, 40-1, 40-4, 40-6, 201B-2, and 201B-11 are reenacted to the form in which they read on June 29, 2005, the amendments affecting not only the Hawaii Tourism Authority, but also the University of Hawaii and the department of education will be retained in sections 40-1, 40-4, and 40-6.

Act 58 should be amended to remedy this apparent inadvertent error, so that the amendments affecting the Hawaii Tourism Authority, the University of Hawaii, and the department of education are all deleted when Act 58 is repealed on June 30, 2007.

Section 51. L 2004, c 141, established the "One Call Center," codified as chapter 269E, and made conforming amendments to sections 269-30 and 269-33, HRS. Act 141 is repealed on June 30, 2009. However, Act 141 did not provide for the reenactment of sections 269-30 and 269-33, HRS, when the Act 141 amendments are repealed on June 30, 2009. This leaves it open to question as to whether only the 2004 amendments will be repealed, or the underlying statutes as well.

To eliminate this ambiguity, L 2004, c 141, §7 should be amended to reenact sections 269-30 and 269-33, HRS, in the form in which they read prior to the L 2004, c 141 amendments.

Section 52. L 2004, c 190, §6, added eight new definitions to section 461-1, HRS, to be repealed on July 1, 2010. Act 190, §6 provided that section 461-1, HRS, was to be reenacted in the form it read on the day before the effective date of Act 190 (July 1, 2004). Section 461-1, HRS, was also amended by L 2004, c 165, §2, which added two new definitions.

The amendments by Act 165 were intended to be permanent and should be exempted from Act 190's repeal and reenactment provision.

Section 53. L 2004, c 190, §6, added eight new definitions to section 461-1, HRS, to be repealed on July 1, 2010. Act 190, §6 provided that section 461-1, HRS, was to be reenacted in the form it read on the day before the effective date of Act 190 (July 1, 2004). Section 461-1, HRS, was also amended by L 2004, c 239, §1, which amended the definition of the "practice of pharmacy".

The amendments by Act 239 were intended to be permanent and should be made exempt from Act 190's repeal and reenactment provision.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 145 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.