STAND. COM. REP. NO. 1636

Honolulu, Hawaii

RE: H.B. No. 1004

H.D. 1

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committees on Ways and Means and Judiciary, to which was referred H.B. No. 1004, H.D. 1, S.D. 1, entitled:

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

beg leave to report as follows:

The purpose and intent of this measure is to facilitate the administration of the boiler and elevator safety law.

More specifically, the measure:

(1) Authorizes the Director of Labor and Industrial Relations to prohibit the operation of pressure retaining items, amusement rides, and elevators and kindred equipment if inspection fees or fines are not timely paid;

(2) Replaces the statutory boiler and elevator fee schedule and with a requirement that the Director of Labor and Industrial Relations prescribe the fees; and

(3) Replaces certain terms throughout chapter 397, Hawaii Revised Statutes.

Your Committees received written comments in support of this measure from the Department of Labor and Industrial Relations.

Your Committees recognize that the Department of Labor and Industrial Relations lacks sufficient resources to timely perform inspections of elevators and other equipment subject to the boiler and elevator safety law. Your Committees also recognize that the fee schedules under the law are outdated and unnecessary. Your Committees believe that by authorizing the Department to prohibit the operation of pressure retaining items, amusement rides, and elevators and other equipment if fees and fines are not timely paid, and by authorizing the Director of Labor and Industrial Relations to establish fees by the adoption of administrative rules, the Department will be able to better administer the boiler and elevator safety law.

Your Committees have amended this measure by:

(1) Authorizing, rather than requiring, the Department of Labor and Industrial Relations to rescind certain restrictive orders under certain circumstances;

(2) Clarifying that a restrictive order may be rescinded when an owner, user, or contractor either has complied with the order by taking corrective action or has paid all fees and fines imposed by the Department;

(3) Specifying that the Director of Labor and Industrial Relations shall prescribe fees by rules adopted pursuant to chapter 91, Hawaii Revised Statutes; and

(4) Amending section 397-10, Hawaii Revised Statutes, to conform with other provisions of this measure.

As affirmed by the records of votes of the members of your Committees on Ways and Means and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1004, H.D. 1, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as H.B. No. 1004, H.D. 1, S.D. 2.

Respectfully submitted on behalf of the members of the Committees on Ways and Means and Judiciary,

________________________________ KARL RHOADS, Chair

________________________________ DONOVAN M. DELA CRUZ, Chair