CONFERENCE COMMITTEE REP

CONFERENCE COMMITTEE REP. NO. 53-04

Honolulu, Hawaii

, 2004

RE: S.B. No. 2951

S.D. 1

H.D. 1

C.D. 1

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2951, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO RADIOLOGIC TECHNOLOGY,"

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 measure is to improve the administration of the laws regulating radiologic technicians and strengthen the penalties against persons who violate these laws.

This measure corrects the title of the administrative officer for the Radiologic Technology Board (Board), removes the officer from the supervision of the Board to maintain independence between the entities' prosecutorial and adjudicatory functions, authorizes the imposition of a maximum $10,000 fine against persons who commit certain prohibited acts, and requires the Board to adopt rules that establish a fines schedule.

Your Committee on Conference finds that the Department of Health prefers to have discretionary authority regarding fines, and opposes the requirement to adopt rules establishing a fines schedule. However, your Committee has concerns regarding the severity of the fine and the lack of any rules or standards to guide the Board in the imposition of fines. Accordingly, your Committee has amended this measure:

(1) By reducing the proposed maximum fine from $10,000 to $2,000; and

(2) By deleting the requirement that the Board adopt rules to establish a schedule of fines, but adding a requirement that the Board report to the 2005 Legislature on the implementation of the fines provision, the sufficiency of the fine, and the Board's efforts in adopting guidelines for the imposition of fines.

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 S.B. No. 2951, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2951, S.D. 1, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ KENNETH T. HIRAKI, Co-Chair		____________________________ RON MENOR, Chair
____________________________ BLAKE K. OSHIRO, Co-Chair