STAND. COM. REP. NO. 2728

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2899
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Labor and Environment, to which was
referred S.B. No. 2899 entitled: 

     "A BILL FOR AN ACT RELATING TO BOILER AND ELEVATOR LAW,"

begs leave to report as follows:

     The purpose of this measure is to prohibit the disclosure of
inspection and investigatory records while an administrative
proceeding under boiler and elevator law is pending.

     This measure also prohibits the identity of witnesses and
confidential sources from being disclosed and prohibits
compliance officers from testifying as witnesses in proceedings
other than those to enforce or administer this chapter.

     Testimony in favor of this measure was received from the
Department of Labor and Industrial Relations.

     As written, the current law prohibits records from being
used as evidence or in discovery in a civil action unless the
action is for enforcement or review under this chapter.  As
interpreted by the courts while the law prohibits the use of
these administrative records as evidence, the law does not
prohibit disclosure.  This measure prohibits the disclosure of
inspection and investigatory records while an administrative
proceeding is pending or ongoing.  Your Committee is in agreement
that in order for the department to fully perform its primary
function of correcting and abating hazards to protect employees,

 
a                                                     SB2899 SD1
 
                                   STAND. COM. REP. NO. 2728
                                   Page 2


disclosure cannot occur while administrative proceedings are
pending.

     Your Committee amended the measure by replacing the phrase
"compliance officer" with "employee of the department acting
within the scope of the employee's office, employment, or
authority under this chapter".  Your Committee also made
technical, nonsubstantive changes for clarity and to reflect
preferred drafting style.

     As affirmed by the record of votes of the members of your
Committee on Labor and Environment that is attached to this
report, your Committee is in accord with the intent and purpose
of S.B. No. 2899, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as S.B. No. 2899,
S.D. 1, and be placed on the calendar for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Labor and
                                   Environment,



                                   ______________________________
                                   BOB NAKATA, Chair

 
a                                                     SB2899 SD1