CONFERENCE COMMITTEE REPORT NO. 28

                            Honolulu, Hawaii
                                            , 2000

                            RE:   H.B. No. 2160
                                  H.D. 2
                                  S.D. 2
                                  C.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Conference on the disagreeing vote of the
House of Representatives to the amendments proposed by the Senate
in H.B. No. 2160, H.D. 2, S.D. 2, entitled:

    "A BILL FOR AN ACT RELATING TO THE TRAUMATIC BRAIN INJURY
    TRUST FUND,"

having met, and after full and free discussion, has agreed to
recommend and does recommend to the respective Houses the final
passage of this bill in an amended form.

     The purpose of this bill is to establish a Traumatic Brain
Injury Trust Fund (Trust Fund) to help defray the cost of
providing care and rehabilitative services to residents of the
State who have survived a traumatic brain or spinal cord injury.

     In addition, this bill:

     (1)  Establishes the Traumatic Brain Injury Trust Fund
          Commission (Commission) and a nine-member Board of
          Directors (Board) to:


 
 
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          (A) Adopt rules and employ staff to administer the
              Trust Fund, including funds received as grants,
              gifts, and donations; and

          (B) Recommend changes in state programs, statutes,
              policies, budgets, and standards relating to the
              care and rehabilitation of persons with brain or
              spinal cord injuries;

     (2)  Specifies the membership, appointment, and compensation
          of the Board, which includes three individuals who have
          sustained a brain or spinal cord injury or members of
          their immediate families; and

     (3)  Directs the existing Traumatic Brain Injury Advisory
          Board (Advisory Board) in the Department of Health to
          provide advice to the Commission.

     Your Committee on Conference has amended this measure by:

     (1)  Deleting the establishment of the Commission, its
          Board, and their duties;

     (2)  Deleting the provision directing the existing Advisory
          Board to provide advice to the Commission;

     (3)  Making the Advisory Board nonadvisory in nature and
          changing its name to the Traumatic Brain Injury Board
          (TBI Board);

     (4)  Redirecting the scope of the Trust Fund to:

          (A) Provide services relating to traumatic brain
              injuries, including programs to educate the public
              about prevention of traumatic brain injuries, and
              services needed to treat and rehabilitate people
              who are victims of traumatic brain injuries;

          (B) Train and educate professionals involved with
              individuals with traumatic brain injuries; and

          (C) Fund research, evaluation, and advocacy activities
              to identify cost-effective strategies to meet the
              needs of traumatic brain injury survivors and their
              families to reduce the outlay of federal and state
              dollars under Medicaid;


 
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     (5)  Giving the TBI Board the authority to spend, and the
          jurisdiction and control over, the Trust Fund and its
          moneys, with the approval of the Director of Health;

     (6)  Allowing the TBI Board to:

          (A) Maintain its financial records;

          (B) Submit an annual accounting of the Trust Fund's
              activities; and

          (C) Adopt rules;

     (7)  Funding the Trust Fund through donations collected from
          the initial issuance of a driver's license and each
          subsequent renewal; and

     (8)  Making technical, nonsubstantive amendments for
          purposes of clarity and style.

     As affirmed by the record of votes of the managers of your
Committee on Conference that is attached to this report, your
Committee on Conference is in accord with the intent and purpose
of H.B. No. 2160, H.D. 2, S.D. 2, as amended herein, and
recommends that it pass Final Reading in the form attached hereto
as H.B. No. 2160, H.D. 2, S.D. 2, C.D. 1.

                                   Respectfully submitted on
                                   behalf of the members:         

ON THE PART OF THE SENATE          ON THE PART OF THE HOUSE



_______________________________    _______________________________
AVERY B. CHUMBLEY, Co-Chair        ALEXANDER C. SANTIAGO, Co-Chair



_______________________________    _______________________________
MATT MATSUNAGA, Co-Chair           BRIAN Y. YAMANE, Co-Chair



_______________________________
SUZANNE CHUN OAKLAND, Co-Chair