STAND. COM. REP. NO. 2687

Honolulu, Hawaii

RE: S.B. No. 2816

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Government Operations, to which was referred S.B. No. 2816 entitled:

"A BILL FOR AN ACT RELATING TO THE OFFICE OF THE LIEUTENANT GOVERNOR,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Add a new chapter in the Hawaii Revised Statutes that:

(A) Requires the Lieutenant Governor to assess a fee of $10 for each apostille or non-apostille certification issued;

(B) Establishes an Apostilles and Certificate Special Fund; and

(C) Allows the Office of the Lieutenant Governor to expend moneys in the special fund for operational purposes;

(2) Appropriate $10,000 into the Apostilles and Certifications Special Fund;

(3) Require all state agencies to:

(A) Before adopting, amending, or repealing an administrative rule, provide electronic notice of the proposed rulemaking to certain persons;

(B) When adopting, amending, or repealing an administrative rule, display changes to the rules in Ramseyer format; and

(C) Make the full text of their rules available on the Office of the Lieutenant Governor's internet website in a digitally accessible and searchable format; and

(4) Make appropriations for the project for centralization of the full text of the Hawaii Administrative Rules for public access on the Lieutenant Governor's website.

Your Committee received testimony in support of this measure from the Grassroot Institute of Hawaii.

Your Committee received testimony in opposition to this measure from one individual.

Your Committee received comments on this measure from the Office of the Lieutenant Governor and Department of the Attorney General.

Your Committee finds that the Lieutenant Governor's office processes nearly eleven thousand apostilles per year. As apostilles are critical documents utilized in divorce proceedings, marriage certificates, and un-probated wills, these documents serve a significant purpose in a variety of settings. This measure will promote efficiency with existing government operations to provide Hawaii's people with timely access to services.

Your Committee has amended this measure by:

(1) Deleting part I of this measure and replacing it with the contents of S.B. No. 3169, a substantially similar measure that:

(A) Adds a new chapter in the Hawaii Revised Statutes that:

(i) Allows the Office of the Lieutenant Governor to assess a fee for each apostille or non-apostille certification issued;

(ii) Establishes an Apostilles and Certificate Special Fund;

(iii) Allows the Office of the Lieutenant Governor to expend moneys in the special fund for operational and administrative expenses of the apostille and certification of document services; and

(iv) Requires the Office of the Lieutenant Governor to adopt rules;

(B) Appropriate $12,000 into and out of the Apostilles and Certifications Special Fund for operational and administrative expenses of the apostille and certification of document services;

(2) Inserting an effective date of July 1, 2112, to encourage further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2816, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2816, S.D. 1, and be referred to your Committees on Ways and Means and Judiciary.

Respectfully submitted on behalf of the members of the Committee on Government Operations,

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ANGUS L.K. MCKELVEY, Chair