STAND. COM. REP. NO. 484-22

Honolulu, Hawaii

, 2022

RE: H.B. No. 1516

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 1516 entitled:

"A BILL FOR AN ACT RELATING TO REGULATION,"

begs leave to report as follows:

The purpose of this measure is to prohibit as an unfair and deceptive practice the advertisement of a good or service in the absence of licenses or permits for the good or service, to the extent the licenses or permits are required by applicable state and county laws.

Your Committee received testimony in support of this measure from the Hawaii Funeral & Cemetery Association, Inc.; American Hotel & Lodging Association; and Hawai‘i Hotel Alliance. Your Committee received comments on this measure from the Subcontractors Association of Hawaii.

Your Committee finds that this measure is intended to protect consumers by keeping unauthorized sellers of goods and services from advertising such goods and services for sale. Your Committee further finds that this measure will act as a deterrent to would-be unauthorized sellers, as each violation under this measure subjects the seller to civil penalties for each violation.

Your Committee has amended this measure by:

(1) Deleting language that conflicted with existing statutory language prohibiting the aiding and abetting of an unlicensed person;

(2) Deleting as unnecessary the definition for "applicable state law or county ordinance";

(3) Changing the effective date to January 1, 2050, to encourage further discussion; and

(4) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

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 is in accord with the intent and purpose of H.B. No. 1516, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 1516, H.D. 1.

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

____________________________

AARON LING JOHANSON, Chair