Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2786, S.D. 1, H.D. 1, entitled:

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 further standardize the operations of the Hoisting Machine Operators Advisory Board.

Specifically, the measure places the Board within the Department of Labor and Industrial Relations for administrative purposes, and authorizes the Board to employ a half-time Executive Director and fix the Executive Director's compensation.

Your Committee on Conference finds that article V, section 6 of the state constitution requires state executive branch agencies to be placed within the principal departments of the executive branch of state government unless they are agencies or commissions that are either temporary or for special purposes.

In accordance with this constitutional requirement, the measure corrects an oversight in the occupational safety and health law, namely, the failure to place the hoisting machine operators advisory board within an executive department, by attaching that board to the Department of Labor and Industrial Relations for administrative purposes. Your Committee on Conference believes that without this amendment, the actions of the Board could be challenged on constitutional grounds.

In addition, your Committee on Conference finds that the hiring of a half-time Executive Director will greatly assist the Board in performing a number of necessary functions, such as scheduling meetings, receiving and reviewing certification applications, and disseminating application materials, and that funding for the position would be through the assessment of fees from the certification of hoisting machine operators.

Upon further deliberation, your Committee on Conference has amended the measure by deleting the reference to Chapter 77, Hawaii Revised Statutes, since this chapter will be repealed on July 1, 2002, as part of the amendments made to the Hawaii Revised Statutes by Act 253, Session Laws of Hawaii 2000.

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. 2786, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2786, S.D. 1, H.D. 1, C.D. 1.