STAND. COM. REP. NO. 1239

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  H.B. No. 1430
                                        H.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No.
1430, H.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO STATUTORY REVISION:
     AMENDING, REENACTING, OR REPEALING VARIOUS PROVISIONS OF THE
     HAWAII REVISED STATUTES AND THE SESSION LAWS OF HAWAII FOR
     THE PURPOSE OF CORRECTING ERRORS AND REFERENCES, CLARIFYING
     LANGUAGE, AND DELETING OBSOLETE OR UNNECESSARY PROVISIONS,"

begs leave to report as follows:

     The purpose of this bill is to amend various provisions of
the Hawaii Revised Statutes and the Session Laws of Hawaii
pursuant to Chapter 23G, Hawaii Revised Statutes, to correct
errors, update references, clarify language, and delete obsolete
or unnecessary provisions.

     Your Committee finds that according to the Legislative
Reference Bureau all of the statutory amendments proposed by the
measure are of a purely technical nature and either contain no
substantive changes to the law, or, if they have any substantive
effect, are done simply to correct the types of errors noted in
this report.

     Your Committee finds the reasons for the respective
technical amendments made in the bill are as follows:

     Section 1.  Section 53-7(1), HRS, makes reference to
"paragraphs (10) and (16) of section 53-1".  L 1998, c 2, 19,
amended 53-1, HRS, by, inter alia, deleting the paragraph

 
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designations.  Section 53-7(1), HRS, should be amended by
deleting "paragraphs (10) and (16) of" to conform to the
amendment made to 53-1, HRS, by L 1998, c 2, 19.

     Section 2.  Section 53-53(1) and (2), HRS, makes reference
to "[paragraph] (13) of section 53-1" and "[paragraph] (3) of
section 53-1", respectively.  L 1998, c 2, 19, amended 53-1,
HRS, by, inter alia, deleting the paragraph designations.
Section 53-53(1) and (2), HRS, should be amended by deleting
"[paragraph] (13) of" and "[paragraph] (3) of", respectively, to
conform to the amendment made to 53-1, HRS, by L 1998, c 2, 19.

     Section 3.  L 1998, c 51, 1, amended 76-28, HRS, by, inter
alia, deleting the requirement that appointing authorities file
notices of personnel actions, and to require instead that
appointing authorities file "necessary forms" of personnel
actions.  Section 76-28, as amended, does not refer to "notices".
The title to 76-28, however, still reads "Notices required of
appointing authorities".  Section 76-28, HRS, should be amended
by amending its title to "Forms required of appointing
authorities" to conform to the amendments made to 76-28 by L
1998, c 51, 1.

     Section 4.  L 1998, c 81, 3, amended 291-11.5(e), HRS, by,
inter alia, requiring persons convicted of violating 291-11.5,
HRS, for the first time to attend a child passenger restraint
system safety class.  Paragraphs (2)(C) and (3)(C) of subsection
(e), as amended, however, refer to "child passenger system safety
class".  The omission of the word "restraint" in the reference to
the safety class appears to have occurred as a result of a simple
oversight.  Section 291-11.5(e)(2)(C) and (e)(3)(C), HRS, should
be amended by deleting the brackets around the word "restraint"
in "child passenger restraint system safety class" to ratify the
revisor's addition of "restraint".

     Section 5.  L 1998, c 145, 1, enacted 291C-133, HRS,
regarding a motor vehicle driver's responsibility for removing
waste material that falls from the motor vehicle onto a highway
or roadway.  Section 291C-133's title, as enacted, read "Waste
material from motor vehicles".  The revisor added the word
"falling" after "Waste material" to make the title more clearly
reflect the contents of the section.  Section 291C-133, HRS,
should be amended by deleting the brackets around the section
title and the section number to ratify both the revisor's
addition of the word "falling" in the title and the revisor's
numbering of the section.

     Section 6.  L 1998, c 257, 1, added a new part to chapter
323D, HRS, which included 323D-82, HRS.  As enacted, 323D-82

 
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stated that "A person who has acquired or is engaged in the
acquisition of a hospital shall not substantially reduce of
eliminate direct patient care services at the hospital...."  The
remainder of the sentence refers to "reduction or elimination".
The word "of" in "substantially reduce of eliminate" is
apparently the result of a typographical error.  Section 323D-82,
HRS, should be amended by deleting the brackets around the word
"or" in "substantially reduce or eliminate" to ratify the
revisor's replacement of the word "of" with "or".  Section
323D-82, HRS, should also be amended by deleting the brackets
around the section number to ratify the revisor's numbering of
the section.

     Section 7.  L 1998, c 242, 13, amended 342P-28, HRS, by,
inter alia, amending the last sentence of the section to require
that fees be deposited to the credit of the asbestos and lead
abatement special fund.  L 1998, c 311, 20, also amended
342P-28, HRS, by, inter alia, amending the last sentence to
require that fees be deposited to the credit of the noise,
radiation, and indoor air quality special fund.  The revisor
added the word "or" in the last sentence of 342P-28 to require
that fees be deposited to the credit of the "asbestos and lead
abatement special fund or noise, radiation, and indoor air
quality special fund", to conform to the amendments made by L
1998, c 242, 13 and c 311, 20.  Section 342P-28, HRS, should be
amended by deleting the brackets around the word "or" to ratify
the revisor's addition of "or".

     Section 8.  L 1998, c 206, 2, enacted 351-62.6, HRS.
Section 351-62.6(a), as enacted, makes reference to the "criminal
injuries compensation fund under section 351-62.5".  L 1998, c
206, 3, amended 351-62.5, HRS, by, inter alia, renaming the
"criminal injuries compensation fund" the "criminal injuries
compensation special fund".  L 1998, c 240, 7, also amended
351-62.5 by substituting "crime victim compensation fund" for
"criminal injuries compensation fund".  Thus, as a result of the
amendments made to 351-62.5, HRS, by L 1998, c 206, 3 and c
240, 7, the criminal injuries compensation fund was renamed the
"crime victim compensation special fund".  The revisor replaced
the reference to "criminal injuries compensation fund" in
351-62.6(a), HRS, with "crime victim compensation special fund",
to conform to the amendments made by L 1998, c 206, 3 and c 240,
7.  Section 351-62.6(a), HRS, should be amended by deleting the
brackets around "crime victim compensation special fund" to
ratify the revisor's replacement of "criminal injuries
compensation fund" with "crime victim compensation special fund".

     Section 9.  L 1998, c 240, 7, amended 351-64.5, HRS, by
substituting "crime victim compensation fund" for "criminal

 
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injuries compensation fund".  The criminal injuries compensation
fund is established in 351-62.5, HRS.  L 1998, c 206, 3,
amended 351-62.5 by, inter alia, renaming the "criminal injuries
compensation fund" the "criminal injuries compensation special
fund".  L 1998, c 240, 7, also amended 351-62.5 by substituting
"crime victim compensation fund" for "criminal injuries
compensation fund".  Thus, as a result of the amendments made to
351-62.5, HRS, by L 1998, c 206, 3 and c 240, 7, the criminal
injuries compensation fund was renamed the "crime victim
compensation special fund".  The revisor replaced the word "fund"
in "crime victim compensation fund" in 351-64.5(b), HRS, with
"special fund" to conform to the amendments made by L 1998, c
206, 3 and c 240, 7.  Section 351-64.5(b), HRS, should be
amended by deleting the brackets around "special fund" in "crime
victim compensation special fund" to ratify the revisor's
replacement of "fund" with "special fund".

     Section 10.  L 1998, c 240, 7, amended 351-70, HRS, by
substituting "crime victim compensation fund" for "criminal
injuries compensation fund". The criminal injuries compensation
fund is established in 351-62.5, HRS.  L 1998, c 206, 3,
amended 351-62.5 by, inter alia, renaming the "criminal injuries
compensation fund" the "criminal injuries compensation special
fund".  L 1998, c 240, 7, also amended 351-62.5 by substituting
"crime victim compensation fund" for "criminal injuries
compensation fund".  Thus, as a result of the amendments made to
351-62.5, HRS, by L 1998, c 206, 3 and c 240, 7, the criminal
injuries compensation fund was renamed the "crime victim
compensation special fund".  The revisor replaced the word "fund"
in "crime victim compensation fund" in 351-70, HRS, with
"special fund" to conform to the amendments made by L 1998, c
206, 3 and c 240, 7.  Section 351-70, HRS, should be amended by
deleting the brackets around "special fund" in "crime victim
compensation special fund" to ratify the revisor's replacement of
"fund" with "special fund".

     Section 11.  L 1998, c 240, 7, amended 351-84, HRS, by
substituting "crime victim compensation fund" for "criminal
injuries compensation fund". The criminal injuries compensation
fund is established in 351-62.5, HRS.  L 1998, c 206, 3,
amended 351-62.5 by, inter alia, renaming the "criminal injuries
compensation fund" the "criminal injuries compensation special
fund".  L 1998, c 240, 7, also amended 351-62.5 by substituting
"crime victim compensation fund" for "criminal injuries
compensation fund".  Thus, as a result of the amendments made to
351-62.5, HRS, by L 1998, c 206, 3 and c 240, 7, the criminal
injuries compensation fund was renamed the "crime victim
compensation special fund".  The revisor replaced the word "fund"
in "crime victim compensation fund" in 351-84(b), HRS, with

 
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"special fund" to conform to the amendments made by L 1998, c
206, 3 and c 240, 7.  Section 351-84(b), HRS, should be amended
by deleting the brackets around "special fund" in "crime victim
compensation special fund" to ratify the revisor's replacement of
"fund" with "special fund".

     Section 12.  L 1998, c 240, 7, amended 354D-12, HRS, by
substituting "crime victim compensation fund" for "criminal
injuries compensation fund". The criminal injuries compensation
fund is established in 351-62.5, HRS.  L 1998, c 206, 3,
amended 351-62.5 by, inter alia, renaming the "criminal injuries
compensation fund" the "criminal injuries compensation special
fund".  L 1998, c 240, 7, also amended 351-62.5 by substituting
"crime victim compensation fund" for "criminal injuries
compensation fund".  Thus, as a result of the amendments made to
351-62.5, HRS, by L 1998, c 206, 3 and c 240, 7, the criminal
injuries compensation fund was renamed the "crime victim
compensation special fund".  The revisor replaced the word "fund"
in "crime victim compensation fund" in 354D-12(b)(1), HRS, with
"special fund" to conform to the amendments made by L 1998, c
206, 3 and c 240, 7.  Section 354D-12(b)(1), HRS, should be
amended by deleting the brackets around "special fund" in "crime
victim compensation special fund" to ratify the revisor's
replacement of "fund" with "special fund".

     Section 13.  L 1998, c 252, 4, amended 431:14A-103(e) and
(f), HRS.  Prior to amendment, subsection (f) referred to
"insolvency fund, or education and training fund".  L 1998, c
252, 4, amended subsection (f), by, inter alia, omitting the
words "or education" before "and training fund" without
bracketing or underscoring. The omission of "or education"
appears to have occurred as a result of a simple oversight.
Section 431:14A-103(f), HRS, should be amended by deleting the
brackets around "or education" to ratify the revisor's
replacement of "or education" before "and training fund".

     Section 14.  Section 468M-17, HRS, pertains to the adoption
of rules.  Section 468M-17, HRS, does not refer to regulations.
However, the title of 468M-17 reads "Rules and regulations".
Section 468M-17, HRS, should be amended by amending its title to
delete "and regulations" to make the title consistent with the
contents of the section.  Section 468M-17, HRS, should also be
amended by deleting the brackets around the section number to
ratify the revisor's numbering of the section.

     Section 15.  L 1998, c 258, 11, amended 485-16, HRS, by,
inter alia, adding subsection (b).  Section 485-16(b), HRS, makes
several references to "principal place of business".  However,
the beginning of the first sentence of subsection (b) refers to

 
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"an investment adviser that maintains its principal place in a
state...."  The omission of the words "of business" after
"principal place" appears to have occurred as a result of a
simple oversight.  Section 485-16(b), HRS, should be amended by
deleting the brackets around the words "of business" to ratify
the revisor's addition of the words "of business".

     Section 16. Section 571-84, HRS, was amended by L 1997, c
317, 4 and c 318, 3.  L 1997, c 317, 4, amended 571-84(a).  L
1997, c 318, 3, made several amendments to 571-84.  Subsection
(e) was amended, inter alia, to include a reference to subsection
(j).  However, subsection (j) does not exist.

     An earlier draft of H.B. No. 106, which later became Act
318, had amended 571-84 to include a new subsection (j) (H.B.
No. 106, H.D.1, S.D.1).  The final draft of H.B. No. 106 (H.D.1,
S.D.1, C.D.1) deleted subsection (j), but did not delete the
reference to subsection (j) found in subsection (e).  Therefore,
571-84(e), HRS, should be amended to delete the reference to
subsection (j).

     Section 17.  L 1998, c 269, 1, enacted two new sections,
one of them 706-646, HRS.  Section 706-646(2) makes reference to
the "criminal injuries compensation commission".  Section 351-11,
HRS, establishes the criminal injuries compensation commission.
L 1998, c 240, 4 amended 351-11 by renaming the "criminal
injuries compensation commission" the "crime victim compensation
commission".  The revisor replaced "criminal injuries
compensation commission" with "crime victim compensation
commission" in 706-646(2), to conform to the amendment made by L
1998, c 240, 4.  Section 706-646(2), HRS, should be amended by
deleting the brackets around "crime victim compensation
commission" to ratify the revisor's replacement of "criminal
injuries compensation commission" with "crime victim compensation
commission".

     Section 18.  Section 709-906, HRS, is entitled "Abuse of
family and household members; penalty".  However, the section
itself refers to and defines "family or household member".
Section 709-906, HRS, should be amended by amending its title to
"Abuse of family or household members; penalty" to make the title
consistent with the contents of the section.  Support for this
amendment is also found in the fact that L 1998, c 172, 1,
amended 586-1, HRS, by, inter alia, amending the defined term of
"Family and household members" to "Family or household member".

     Section 19.  Section 712A-4, HRS, enumerates the offenses
for which property is subject to forfeiture under chapter 712A.
L 1998, cc 155 and 307 amended 712A-4.  Both acts added new

 
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offenses for which property is subject to forfeiture; c 155,
insurance fraud and c 307, unauthorized entry into motor vehicle.
The amendments were harmonized so that effect was given to each.

     L 1997, c 277, 3, amended 712A-4, by adding trademark
counterfeiting as an offense for which property is subject to
forfeiture.

     L 1998, c 155, 4, amended the 1997 version of 712A-4.
However, L 1998, c 307, 1, used the pre-1997 version of 712A-4
for amendment, omitting the reference to trademark
counterfeiting.

     Section 712A-4, HRS, should be amended to delete the
brackets around "trademark counterfeiting," to ratify the
revisor's replacement of "trademark counterfeiting".

     Section 20. The regulation of activity providers was first
enacted in 1990 by Act 214 and was scheduled for repeal on June
30, 1991.

     In 1991, Act 240 amended L 1990, c 214, to, inter alia,
extend the repeal date to June 30, 1993.  Act 240 was also
conditioned with a repeal date of June 30, 1993 (L 1991, c 240,
4).

     The legislature extended and, ultimately, deleted L 1990, c
214's repeal date.  (See L 1992, c 231, L 1995, c 174, and L
1998, c 248.) However, L 1991, c 240, 4 was never amended to
extend or delete c 240's June 30, 1993 repeal date.  Although the
lack of amendment to L 1991, c 240, 4, was apparently due to a
simple oversight, the fact that the June 30, 1993 repeal date was
never extended or deleted may raise ambiguity regarding the
validity of the amendments that L 1991, c 240 made to L 1990, c
214.

     The legislature's subsequent actions in amending L 1991, c
240, however, clearly indicate that the legislature intended the
amendments made by L 1991, c 240 to continue beyond c 240's June
30, 1993 repeal date.  L 1991, c 240, 4, should be amended by
deleting the June 30, 1993 repeal date.

     Section 21.  L 1998, c 53, 1, amended 76-56, HRS.  The
prefatory language in 1 stated that "Section 76-28" was amended.
However, 1 set forth and amended 76-56, HRS.  The prefatory
language in L 1998, c 53, 1, should be amended to state that it
is "Section 76-56" that is amended.


 
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     Section 22.  L 1998, c 78, 3, amended L 1988, c 202, 3.
The prefatory language in L 1998, c 78, 3 stated that "Act 202,
Session Laws of Hawaii 1998" was amended.  However, the text of L
1988, c 202, 3 (as amended by L 1994, c 111, 4), is set forth
in c 78, 3.  Moreover, Conference Committee Report No. 41, dated
May 1, 1998, regarding S.B. No. 2346 (Act 78) stated that "The
purpose of this bill is to extend the sunset date of Act 202,
Session Laws of Hawaii 1988, as amended by Act 111, Session Laws
of Hawaii 1994,...."  L 1998, c 78, 3, should be amended by
amending the prefatory language to state that it is "Act 202,
Session Laws of Hawaii 1988" that is amended.

     Section 23.  L 1998, c 176, 6, amended 171-2, HRS.  The
prefatory language in 6 stated that "Chapter 171-2" was amended.
Chapter 171-2, HRS, does not exist.  L 1998, c 176, 6, should be
amended by amending the prefatory language to state that it is
"Section 171-2" that is amended.

     Section 24.  L 1998, c 219, 6, amended 501-20, HRS, by
adding five new definitions but set forth the five definitions
with the section title.

     The use of "definition" rather than "definitions" in the
prefatory language in 6 appears to be the result of a
typographical error.  Thus, the prefatory language in 6 should
be amended to replace "definition" with "definitions".  Section 6
should also be amended by deleting the following:

     "501-20  Definitions.  As used in this chapter, unless the
context otherwise requires:"

to clarify that the five new definitions are to be added to, and
are not to replace, the existing definitions in 501-20, HRS.

     Section 25.  L 1998, c 229, 1, amended chapter 323F, HRS,
by adding two new sections; however, the prefatory language in 1
stated that "three new sections" were being added.  L 1998, c
229, 1, should be amended by amending the prefatory language to
state that chapter 323F, HRS, is amended by adding "two new
sections".

     Section 26.  L 1998, c 242, 7, amended 342P-5, HRS.  The
prefatory language in 7 stated that "Section 342P-5, Hawaii
Revised Statutes, is amended by amending subsections (a) and (b)
to read as follows:".  However, 7 amended 342P-5, HRS, by
amending the section title as well as subsections (a) and (b).  L
1998, c 242, 7, should be amended by amending the prefatory
language to include "the title and" before "subsections (a) and

 
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(b)" to clarify that 342P-5, HRS, is amended by amending the
section title and subsections (a) and (b).

     Section 27.  L 1998, c 311, 15, amended 321-27, HRS.  The
prefatory language in 15 stated that 321-27, HRS, was amended
"by amending its title and subsections (a) and (b) to read as
follows:"  However, 15 set forth 321-27, HRS, in its entirety,
and also amended subsection (d).  The prefatory language in L
1998, c 311, 15, should be amended by deleting "by amending its
title and subsections (a) and (b)" to make the prefatory language
consistent with the amendments set forth in 15.

     Testimony in support of this measure was submitted by the
Legislative Reference Bureau.

     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.
1430, H.D. 1, and recommends that it pass Second Reading and be
placed on the calendar for Third Reading.

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



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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