STAND. COM. REP. NO. 636-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2974

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Consumer Protection and Commerce, to which was referred H.B. No. 2974 entitled:

"A BILL FOR AN ACT RELATING TO PEST CONTROL,"

begs leave to report as follows:

The purpose of this bill is to remove duplicative or irrelevant bases for disciplinary action against pest control operators in chapter 460J, Hawaii Revised Statutes (HRS), the Pest Control Operator licensing law (chapter 460J).

Testimony in support of this bill was provided by the Hawaii Pest Control Operators. The Department of Commerce and Consumer Affairs Regulated Industries Complaints Office and Pest Control Board opposed this measure.

Your Committee understands that licensees are concerned they may be subject to discipline twice for a single act, and that the state Departments of Agriculture and Commerce and Consumer Affairs are working to alleviate this concern by coordinating their activities and focusing on the most egregious pesticide law violations.

Your Committee has also addressed the industry's concerns, by amending this bill to:

 

(1) Limit disciplinary action under chapter 460J to violations of laws or rules with a rational relationship to a pest control operator's qualifications, functions, duties, or responsibilities;

(2) Remove the failure to complete construction repairs as a basis for disciplinary action, while continuing to require licensees to honor contracts for the agreed upon price; and

(3) Remove, as redundant, conviction of offenses such as theft from the listed bases for disciplinary action, because conviction of a crime related to the licensee's profession is already included in the Uniform Professional and Vocational Licensing Act as a basis for license sanctions.

Technical, nonsubstantive amendments were also made for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Consumer Protection and Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2974, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2974, H.D. 1, and be placed on the calendar for Third Reading.

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

 

____________________________

KENNETH T. HIRAKI, Chair