HOUSE OF REPRESENTATIVES
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO THE MOTOR VEHICLE MECHANIC CERTIFICATION PROGRAM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 437B-4, Hawaii Revised Statutes, is amended to read as follows:
"§437B-4 Powers and duties of board. In addition to any other powers and duties authorized by law, the board, in accordance with this chapter and chapter 91 shall:
(1) Establish such qualifications for the licensing of
motor vehicle repair dealers and motor vehicle mechanics as may be necessary
for the welfare of the public and the motor vehicle repair industry; provided
that no [
person] individual shall be licensed as a motor vehicle
mechanic without first receiving certification as provided by this chapter;
(2) Inquire into the practices and policies of the motor vehicle repair industry and make rules with respect to such practices and policies as may be deemed important and necessary by the board for the welfare of the public and the motor vehicle repair industry;
(3) Contract and cooperate with the University of Hawaii
in developing and administering the certification program provided for in this
chapter; (4)] (3) Adopt, amend, and repeal such rules not inconsistent
with this chapter, as the board deems appropriate for effectuating the purpose
of this chapter and to ensure the welfare of the public;
(5)] (4) Adopt
rules pursuant to chapter 91 necessary to implement the provisions of this
chapter relating to CFCs; and
(6)] (5) Enforce this chapter and rules
adopted pursuant thereto."
Section 2. Section 437B-23, Hawaii Revised Statutes, is amended to read as follows:
"§437B-23 Certification program.
The board shall contract with the University of Hawaii to develop and
administer a certification program for motor vehicle mechanics.] The
board, at its sole discretion, may enter into written agreements with entities,
educational institutions, and other organizations to develop and administer a
certification program for motor vehicle mechanics that will provide education
and training in order to ensure that the mechanics' knowledge, skills,
and abilities are current with industry standards. The entities, educational
institutions, and other organizations shall have the range of expertise,
knowledge, and structure to provide instruction, information, guidance, and
services to assist mechanics in obtaining necessary competencies to engage in
motor vehicle repairs in order to protect consumers. Alternatively, the board
may accept certificates from a national certification program approved by the
board without the need to contract with the organization that administers the
national certification program.
(b) The certification program shall provide
for issuing a
A person] An individual may be certified as
being generally skilled in the repair of motor vehicles, specially skilled in
one or more areas of motor vehicle repair, or both [ generally and specially
skilled]. Each area shall be separately tested and certified. The program
shall provide for apprenticeship leading to certification as a mechanic. The
program may be an apprenticeship program registered with the department of
labor and industrial relations in accordance with [ chapter 372.] applicable
governing law. Nothing in this section or chapter shall prevent a student
in a course leading to certification from repairing motor vehicles so long as
the student is supervised by a mechanic[ .] who is licensed in
accordance with this chapter.
(c) The certification test shall be approved by the
board and, if written, shall be given orally at the request of the [
individual being tested. Each application for certification shall be accompanied
by a nonrefundable examination fee as provided in rules adopted by the
department pursuant to chapter 91.
(d) There shall be no limit on the number of times [
person] an individual may apply for certification; provided that [ any
person failing] an applicant who does not pass the examination [ must]
shall wait at least thirty calendar days before [ retaking]
being eligible to retake the test.
(e) All [
persons] individuals who take
and pass the certification test shall be awarded a certificate which shall be
posted in a prominent place at [ their] the individual's place of business or employment and a patch which may
be worn on clothing apparel. The [ University of Hawaii] entity, educational institution, or other organization approved by the board
shall design and procure the certificate and patch."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Motor Vehicle Repair Industry; Motor Vehicle Mechanic Certification Program
Authorizes the Motor Vehicle Repair Industry Board to enter into agreements with entities, educational institutions, or other organizations, as necessary, in addition to the University of Hawaii, to ensure that motor vehicle mechanics' knowledge of motor vehicle repairs are current and in line with industry standards. (SD1)
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