CONFERENCE COMMITTEE REP. NO. 70-12

Honolulu, Hawaii

                 , 2012

RE:    S.B. No. 155

       S.D. 2

       H.D. 1

       C.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sirs:

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 155, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ATHLETIC TRAINERS,"

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 regulate the profession of athletic training by requiring persons engaged in the practice of athletic training in this State to meet certain requirements and to register with the Department of Commerce and Consumer Affairs.

     Your Committee on Conference finds that, as one of only three states that currently does not regulate the practice of athletic training, Hawaii is at risk of attracting individuals who are disqualified from practicing athletic training elsewhere due to misconduct or lack of qualifications.  With no system in place to verify an individual's professional qualifications, background, and complaint history, unqualified or unscrupulous persons may be allowed to practice athletic training in this State without any meaningful oversight.  This would be an especially troubling outcome in light of the fact that athletic trainers often work with elementary and secondary school-aged children in public and private school-sponsored sports programs.  The continued absence of regulation over the practice of athletic trainers puts the safety of consumers at risk and degrades the profession as a whole.

     Your Committee on Conference has amended this measure by:

     (1)  Adding a provision to specify that the registration system for athletic trainers established by this measure shall be repealed on June 30, 2018;

     (2)  Authorizing the Department of Commerce and Consumer Affairs to employ necessary personnel without regard to chapter 76, Hawaii Revised Statutes, to assist with the implementation and continuing functions of the registration system established by this measure;

     (3)  Establishing a license and renewal surcharge of $100 to account for the initial cost of establishing and maintaining the registration system established by this measure;

     (4)  Specifying an appropriation amount of $40,000 from the compliance resolution fund;

     (5)  Inserting an effective date of July 1, 2012; provided that the registration requirements created by this measure shall become effective on January 1, 2013; and

     (6)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     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. 155, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 155, S.D. 2, 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

____________________________ ROBERT N. HERKES, Co-Chair	____________________________ ROSALYN H. BAKER, Chair
____________________________ GILBERT KEITH-AGARAN, Co-Chair	____________________________ WILL ESPERO, Co-Chair
____________________________ JAMES KUNANE TOKIOKA, Co-Chair