STAND. COM. REP. NO. 2149

Honolulu, Hawaii

RE: S.B. No. 2494

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection, and Health, to which was referred S.B. No. 2494 entitled:

"A BILL FOR AN ACT RELATING TO ELEVATOR MECHANICS,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Update the requirements for apprenticeship and licensure of elevator mechanics, including examination, license renewal, continuing education, scope of work, remote interaction, and qualifications for licensure; and

(2) Clarify the powers and duties of the Elevator Mechanics Licensing Board and requirements for temporary permits.

Your Committee received testimony in support of this measure from the International Union of Elevator Constructors, Local Union No. 126. Your Committee received testimony in opposition to this measure from Access Lifts of Hawaii, Inc. Your Committee received comments on this measure from the Elevator Mechanics Licensing Board.

Your Committee finds that in recent years, technology affecting the elevator industry has advanced exponentially. Elevator mechanics must demonstrate and exhibit continued competence in their craft to keep pace with these innovations, including staying current with the latest codes and newest technology affecting the industry. However, because the law governing the licensure of elevator mechanics has not been updated in over ten years, the existing requirements for licensure as an elevator mechanic do not coincide with the standards and levels of technology that are currently being introduced and installed. This measure therefore strengthens the State's elevator mechanics licensing law by adding and clarifying certain requirements for licensure, including continuing education, scope of work, remote interaction, and qualifications.

Your Committee has heard the concerns raised in testimony that employees of certain small businesses in Hawaii's elevator mechanic industry work solely on a specific set of conveyances, such as Americans with Disabilities Act platform lifts or stairway lifts, and do not perform work on commercial elevators, escalators, or similar conveyances. This measure would require these employees to be fully licensed as elevator mechanics, even though they do not install, service, or repair any sort of commercial conveyance. Amendments to this measure are therefore needed to address these concerns, as well as other concerns raised by the Elevator Mechanics Licensing Board.

Accordingly, your Committee has amended this measure by:

(1) Clarifying the examination requirements for applicants for licensure as an elevator mechanic;

(2) Clarifying the licensure renewal and continuing education requirements for licensed elevator mechanics;

(3) Authorizing the Elevator Mechanics Licensing Board to conduct random audits to determine licensee compliance with the continuing education requirements;

(4) Clarifying elevator mechanics' scope of work;

(5) Clarifying the exemptions from licensure as an elevator mechanic, including those who install, repair, or remove a platform lift or stairway lift within a private residence not accessible to the general public or other occupants in the building;

(6) Clarifying the definitions of "remote interaction" and "apprentice elevator mechanic";

(7) Clarifying the minimum qualifications for licensure as an elevator mechanic;

(8) Clarifying the temporary permit requirements applicable to apprentice elevator mechanics;

(9) Specifying that the license renewal, continuing education, and qualifications for licensure requirements shall take effect on July 1, 2020; and

    (10) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2494, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2494, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Health,

________________________________

ROSALYN H. BAKER, Chair