CONFERENCE COMMITTEE REP. NO. 158-08

Honolulu, Hawaii

                 , 2008

RE:    S.B. No. 2314

       S.D. 1

       H.D. 2

       C.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam and Sir:

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2314, S.D. 1, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO INSURANCE,"

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 any accident or health or sickness insurer with less than five per cent market share to be exempt from the anti-tying statutes.  This bill also requires the Auditor to perform an analysis of the effects of this bill and submit a report to the Legislature no later than 20 days prior to the 2010 Regular Session.

     Your Committee on Conference upon further consideration has made the following amendments to S.B. No. 2314, S.D. 1, H.D. 2:

     (1)  Refined the language to authorize any insurer subject to chapter 432, Hawaii Revised Statutes, with less than five per cent of the health insurance market share offering contracts for dental, vision, drug, and life insurance as a condition, agreement, or understanding to a health insurance policy under chapter 432 to be exempt from the anti-tying statutes; and

     (2)  Made technical, nonsubstantive changes for the purposes of clarity, consistency, 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 S.B. No. 2314, S.D. 1, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2314, S.D. 1, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ ROBERT N. HERKES, Co-Chair	____________________________ DAVID Y. IGE, Chair
____________________________ BLAKE K. OSHIRO, Co-Chair	____________________________ RUSSELL S. KOKUBUN, Co-Chair
____________________________ JOSHUA B. GREEN, M.D., Co-Chair
____________________________ JAMES KUNANE TOKIOKA, Co-Chair