STAND. COM. REP. NO. 1375

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: S.B. No. 1238
                                     S.D. 2
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Consumer Protection and Commerce, to which
was referred S.B. No. 1238, S.D. 2, entitled: 

     "A BILL FOR AN ACT RELATING TO PROFESSIONS AND OCCUPATIONS,"

begs leave to report as follows:

     The purpose of this bill is to provide for proper management
of barbering and massage therapy school licensing programs by
transferring responsibility for the licensing and regulation of
these schools from the Department of Education (DOE) to the
Department of Commerce and Consumer Affairs (DCCA), which
currently regulates licensure of barbering and massage therapy
practitioners.  The measure also directs DCCA to assess the need
for regulation of these schools and determine the resources
needed for implementation of a regulatory program.

     Your Committee received testimony opposing this bill from
the Board of Barbering and Cosmetology, the Board of Massage
Therapy, the Hawaii Chapter of the American Massage Therapy
Association, and a concerned individual.

     DCCA also testified, requesting that legislative action on
the bill be deferred to allow DCCA and DOE to meet, discuss
matters with the University of Hawaii State Board for Vocational
Education (SBVE), and generate proposed solutions agreeable to
all parties concerned for presentation to the Legislature at a
future date.  This request was agreed to by DOE, in it testimony.
DCCA also requested that your Committee replace the contents of

 
 
                                 STAND. COM. REP. NO. 1375
                                 Page 2

 
this bill with a proposed bill similar to H.B. No. 1096, H.D. 1,
which passed out of your Committee earlier this session.

     Upon consideration, your Committee agrees that this bill, as
received by your Committee, may be premature and may inadequately
define and address the problems that resulted in the bill's
introduction.  Your Committee has amended this measure by
replacing its contents with the measure proposed by DCCA.
As amended, this bill:

     (1)  Repeals regulation of real estate collection servicing
          agents, as set forth in chapter 454D, Hawaii Revised
          Statutes;

     (2)  Requests sunset reviews by the Legislative Auditor of
          State regulation of barbers, beauty culture, and speech
          pathology and audiology; and

     (3)  Requests the Legislative Reference Bureau to study
          whether the dental licensing examination is an undue
          exclusionary barrier to entry into the profession, and
          whether it should be replaced by any of four regional
          examinations.

     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 S.B. No. 1238, S.D. 2, as amended herein, and
recommends that it pass Second Reading in the form attached
hereto as S.B. No. 1238, S.D. 2, H.D. 1, and be referred to the
Committee on Finance.

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



                                   ______________________________
                                   RON MENOR, Chair