STAND. COM. REP. NO.  1745

Honolulu, Hawaii

                , 2009

RE:   H.C.R. No. 161

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Sir:

     Your Committee on Consumer Protection & Commerce, to which was referred H.C.R. No. 161 entitled:

"HOUSE CONCURRENT RESOLUTION ENCOURAGING THE REAL ESTATE COMMISSION TO MODIFY AND ADOPT RULES TO REFLECT CHANGES IN THE CONDOMINIUM LAW UNDER CHAPTER 514B, HAWAII REVISED STATUTES,"

begs leave to report as follows:

     The purpose of this concurrent resolution is to encourage the Real Estate Commission to draft, adopt, and implement revised or additional administrative rules under chapter 107, HAR, to reflect changes in the condominium law under chapter 514B, HRS, by no later than December 31, 2009.

     Your committee has amended this concurrent resolution by changing the title to read:

     "REQUESTING A SUNRISE REVIEW OF REGULATING PRACTITIONERS OF   TEETH-WHITENING."

     Your committee has also amended the content of this concurrent resolution to address the intent of Senate Bill No. 51, S.D.1, H.D.1, Regular Session of 2009, which calls for regulating the practice of teeth-whitening.  Section 26H-6, Hawaii Revised Statutes, requires a review by the Auditor before enactment of a measure that would subject an unregulated profession or vocation to licensing or other regulatory control.

     H.C.R. 161 HD1 is requesting that the Auditor perform a sunrise review regarding the regulation of persons who engage in the practice of teeth-whitening.

     The Department of Commerce and Consumer Affairs, Regulated Industries Complaints Office and the Board of Dental Examiners provided comments, and a representative of the Hawaii Dental Association provided testimony in support of this concurrent resolution.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 161, as amended herein, and recommends its adoption in the form attached hereto as H.C.R. No. 161, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

ROBERT N. HERKES, Chair