STAND. COM. REP. NO. 1599

Honolulu, Hawaii

, 2005

RE: S.B. No. 751

S.D. 2

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Finance, to which was referred S.B. No. 751, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO INSURANCE,"

begs leave to report as follows:

The purpose of this bill is to improve the State's insurance statutes through housekeeping amendments that make the law easier to understand, less burdensome, and more technically correct.

Your Committee received testimony on a proposed H.D. 2 of this bill that was made available to the public prior to the public hearing. Part I of the proposed H.D. 2 includes the substance described above, and part II adds provisions that would:

(1) Award administrative penalties and attorney's fees and costs to the successful party in a workers' compensation fraud case; and

(2) Enable the Insurance Commissioner to investigate and prosecute workers' compensation fraud against insurers, self-insured employers, and fully-insured employers.

The ILWU Local 142 and concerned individuals supported part II of the proposed H.D. 2. The Chamber of Commerce of Hawaii opposed part II of the proposed H.D. 2. The American Council of Life Insurers, Hawaii Employers' Mutual Insurance Company, Inc., Hawaii State AFL-CIO, and Hawaii Insurers Council opposed the proposed H.D. 2. The Department of Commerce and Consumer Affairs supported part I of the proposed H.D. 2 with amendments, and opposed part II. The Department of Human Resources Development does not support the proposed H.D. 2. The Hawaii Chapter American Physical Therapy Association provided comments.

Your Committee has amended this bill, as received, by:

(1) Adopting the amendments in the proposed H.D. 2;

(2) Changing the effective date to July 1, 2010, to encourage further discussion; and

(3) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 751, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 751, S.D. 2, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Finance,

 

____________________________

DWIGHT TAKAMINE, Chair