STAND. COM. REP. NO. 3047

Honolulu, Hawaii

RE:    H.B. No. 2009

       H.D. 1

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 2009, H.D. 1, entitled:

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

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Repeal the hoisting machine operators' certification revolving fund and the position of the executive director for the Hoisting Machine Operators Advisory Board;

     (2)  Require the Department of Labor and Industrial Relations to provide administrative support and staff for the Hoisting Machine Operators Advisory Board; and

     (3)  Authorize the Hoisting Machine Operators Advisory Board to establish fees for the issuance of permits or certificates by administrative rule.

     Your Committee received testimony in support of this measure from the Hawai‘i Construction Alliance.  Your Committee received testimony in opposition to this measure from the General Contractors Association of Hawaii and Hoisting Machine Operators Advisory Board.  Your Committee received comments on this measure from the Department of Labor and Industrial Relations.

     Your Committee finds that the Hoisting Machine Operators Advisory Board oversees, investigates, and certifies mobile and crane operators in the State to ensure the safety of operators and the public.  Implementation of this measure will continue to safeguard mobile and crane operators and the public, while ensuring that the current Hoisting Machine Operators Advisory Board is adequately addressing all pertinent issues.

     Your Committee has amended this measure by deleting its contents and inserting language to require the Hoisting Machine Operators Advisory Board to submit a comprehensive report to the Legislature that pertains to hoisting machine operators and federal Occupational Safety and Health Administration rules and regulations, administration of certification of hoisting machine operators in other states, existing fee structure for hoisting machine operator certification in Hawaii, and recommended changes to certification procedures.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2009, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2009, H.D. 1, S.D. 1, and be referred to your Committee on Ways and Means.

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

________________________________

GILBERT S.C. KEITH-AGARAN, Chair