STAND. COM. REP. NO.  463-14

Honolulu, Hawaii

                , 2014

RE:   H.B. No. 2309

      H.D. 2

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 2309, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ADMINISTRATIVE PENALTIES,"

begs leave to report as follows:

The purpose of this measure is to increase administrative fines for violations of Department of Health laws and rules from a maximum of $1,000 per day to an unspecified amount.

The Department of Health testified in support of this measure.

The Chamber of Commerce of Hawaii, Hawaii Restaurant Association, and Hawaii Food Industry testified in opposition to this measure.

Your Committee has amended this bill by:

(1)  Inserting $3,000 as the maximum administrative penalty that can be assessed per day; and

(2)  Providing that the maximum administrative penalty shall be adjusted for inflation on an annual basis, applying the United States Department of Labor Consumer Price Index for All Urban Consumers (CPI-U) for the previous year to determine the adjusted maximum administrative penalty.

     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. 2309, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as H.B. No. 2309, H.D. 2.

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

____________________________

KARL RHOADS, Chair