STAND. COM. REP. NO. 492

Honolulu, Hawaii

RE: S.B. No. 828

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Government Operations, to which was referred S.B. No. 828 entitled:

"A BILL FOR AN ACT RELATING TO THE CERTIFICATION OF DOCUMENTS,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Increase the fee for the issuance of an apostille or certification to $10;

(2) Establish the Apostilles and Certifications Special Fund; and

(3) Authorize the Office of the Lieutenant Governor to expend moneys in the fund for operational expenses.

Your Committee received testimony in support of this measure from the Office of the Lieutenant Governor. Your Committee received testimony in opposition to this measure from one individual. Your Committee received comments on this measure from the Department of Budget and Finance, Department of Health, and Department of the Attorney General.

Your Committee finds that an apostille authenticates the seals and signatures of officials on public documents issued by a federal agency or certified by countries that are members of the 1961 Hague Convention. The Office of the Lieutenant Governor provides approximately 7,500 authentication services annually. Your Committee further finds that this measure will ensure sufficient funding for the Office of the Lieutenant Governor to execute its constitutional obligations.

Your Committee has heard the testimony of the Department of the Attorney General that any funds allocated out of the special fund must be done by legislative appropriation.

Your Committee has amended this measure by:

(1) Deleting the apostille or non-apostille fee amount;

(2) Inserting a blank appropriation into and out of the Apostilles and Certification Special Fund;

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

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

Your Committee has inserted a blank appropriation and apostille fee amount. Your Committee requests that should your Committee on Ways and Means choose to consider this measure that they deliberate and calculate the appropriate amount required to fund the Apostilles and Certifications Special Fund for operational expenses and the apostille fee.

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. 828, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 828, S.D. 1, and be referred to your Committee on Ways and Means.

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

________________________________

ANGUS L.K. MCKELVEY, Chair