STAND. COM. REP. NO.793

Honolulu, Hawaii

, 2001

RE: S.B. No. 1146

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 1146 entitled:

"A BILL FOR AN ACT RELATING TO THE HOISTING MACHINE OPERATORS ADVISORY BOARD,"

begs leave to report as follows:

The purpose of this measure is to clarify the regulatory framework established to govern the hoisting machine operator profession.

Specifically, this bill:

(1) Places the Hoisting Machine Operators Advisory Board in the Department of Labor and Industrial Relations for administrative purposes;

(2) Authorizes the Board to hire a part-time Executive Director who shall be exempt from civil service and collective bargaining laws; and

(3) Appropriates funds.

Your Committee finds that Act 165, Session Laws of Hawaii 1998, established the Hoisting Machine Operators Advisory Board. The Legislature recognized that certification of hoisting machine operators was required to provide public and worker safety and promote the economic well being of employers. The Board was established to govern the certification of the profession by adopting rules relating to certification of hoisting machine operators. However, the legislation creating the Hoisting Machine Operators Advisory Board inadvertently failed to administratively attach the Board to an executive department.

Because boards and commissions are required by Article V, section 6 of the Hawaii Constitution to be administratively attached to a state department, your Committee believes that this measure will eliminate any constitutional issues by placing the Board within the Department of Labor and Industrial Relations. By authorizing the Board to hire a part-time Executive Director and providing funding, this measure will enable the Board to regulate the hoisting machine operators more effectively.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1146 and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

BRIAN T. TANIGUCHI, Chair