CONFERENCE COMMITTEE REP. NO. 174

Honolulu, Hawaii

                 , 2009

RE:    H.B. No. 36

       H.D. 1

       S.D. 2

       C.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Sir and Madam:

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 36, H.D. 1, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO HEALTH,"

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 clarify the rational link between the benefits sought and charges made on the users and beneficiaries of the Environmental Health Education Fund by:

(1)  Changing the name of the Environmental Health Education Fund to the Environmental Health Special Fund;

(2)  Allowing the use of fund moneys for sanitation program activities, including permitting, inspections, other monitoring, and enforcement; and

(3)  Deleting requirements that inspectors of food establishments be registered.

     Your Committee on Conference has amended this bill by:

(1)  Changing the name of the Environmental Health Education Fund to the Sanitation and Environmental Health Special Fund (Special Fund);

(2)  Maintaining requirements in statute that inspectors of food establishments be registered;

(3)  Deleting requirements that moneys deposited in the Special Fund be used to conduct program activities including permitting, investigations, other monitoring, and enforcement;

(4)  Requiring that moneys in the Special Fund in excess of $2,445,000 on June 30 of each year shall be deposited into the general fund;

(5)  Changing the effective date to July 1, 2009; and

(6)  Making technical, nonsubstantive changes for clarity, consistency, 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. 36, H.D. 1, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 36, H.D. 1, S.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ MIKE GABBARD, Chair	____________________________ RYAN I. YAMANE, Co-Chair
____________________________ DONNA MERCADO KIM, Co-Chair	____________________________ HERMINA MORITA, Co-Chair
	____________________________ SCOTT NISHIMOTO, Co-Chair