STAND. COM. REP. NO.  574-12

Honolulu, Hawaii

                , 2012

RE:   H.B. No. 2574

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 2574 entitled:

"A BILL FOR AN ACT RELATING TO NOTIFICATION OF CHAPTER 91 HEARINGS,"

begs leave to report as follows:

The purpose of this measure is to delete the requirement that written notice of a hearing pursuant to charter 91, Hawaii Revised Statutes, be given by registered or certified mail with return receipt requested and, instead, permit notice by first class mail.

The Department of Labor and Industrial Relations and the Labor and Industrial Relations Appeals Board testified in support of this measure.  One private individual testified in opposition to this measure.

     Your Committee finds that the Department of Labor and Industrial Relations could save thousands of dollars per year if it were allowed to provide notifications of hearing by means of first class mail rather than by registered or certified mail.

     Your Committee has amended this measure by:

     (1)  Making the proposed language applicable to the Labor and Industrial Relations Appeals Board only, by inserting the proposed language into section 371-4, Hawaii Revised Statutes, instead of section 91-9.5, Hawaii Revised Statutes; and

     (2)  Changing the effective date to January 7, 2059, to facilitate further discussion on the measure.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2574, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2574, H.D. 1, and be referred to the Committee on Finance.

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

____________________________

GILBERT KEITH-AGARAN, Chair