Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Labor, to which was referred S.B. No. 1146 entitled:

begs leave to report as follows:

The purpose of this measure is to enable the Hoisting Machine Operators Advisory Board to hire a part-time executive director and appropriate funds out of the Hoisting Machine Operators' Revolving Fund for this purpose.

The measure also places the Hoisting Machine Operators Advisory Board within the Department of Labor and Industrial Relations for administrative purposes and requires that the part-time executive director be exempt from civil service and collective bargaining laws.

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

Your Committee finds that due to an oversight, the enabling legislation that established the Hoisting Machine Operators Advisory Board failed to administratively attach the Board to a state agency. Article V, Section 6, of the Constitution of the State of Hawaii requires that all boards and commissions be administratively attached to a state agency. If not administratively attached, any decisions or actions rendered could be placed in legal jeopardy.

Your Committee believes that the measure will resolve the legal problem of administratively attaching the Hoisting Machine Operators Advisory Board to a state agency and, by enabling the Board to hire a part-time executive director, will enhance the Board's ability in carrying out its mandated purpose.

As affirmed by the record of votes of the members of your Committee on Labor 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 Second Reading and be referred to the Committee on Ways and Means.