STAND. COM. REP. NO. 154

Honolulu, Hawaii

, 2021

RE: H.B. No. 90

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Labor & Tourism, to which was referred H.B. No. 90, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO GOVERNMENT,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Transfer the State Fire Council, for administrative purposes, from the Department of Labor and Industrial Relations to the Department of Commerce and Consumer Affairs;

(2) Place the boiler and elevator safety law under the jurisdiction of the Department of Commerce and Consumer Affairs rather than the Department of Labor and Industrial Relations and create a Boiler and Elevator Safety Appeals Board; and

(3) Transfer administration of the Human Trafficking Victim Services Fund from the Department of Labor and Industrial Relations to the Judiciary.

Your Committee received testimony in opposition to this measure from the Department of Commerce and Consumer Affairs. Your Committee received comments on this measure from the Department of Labor and Industrial Relations and Labor and Industrial Relations Appeals Board.

Your Committee has amended this measure by:

(1) Clarifying that those employees whose only primary function relates to the boiler and elevator safety law will be transferred to the Department of Commerce and Consumer Affairs;

(2) Providing that all rules, policies, procedures, guidelines, and other material adopted or developed by the Department of Labor and Industrial Relations to implement provisions applicable to the boiler and elevator safety law shall remain in full force and effect until amended or repealed by the Department of Commerce and Consumer Affairs;

(3) Providing that any funds remaining in the Boiler and Elevator Revolving Fund established pursuant to section 397-13, Hawaii Revised Statutes, shall be transferred to the Boiler and Elevator Revolving Fund;

(4) Changing the effective date to December 25, 2040, to encourage further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Labor & Tourism that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 90, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 90, H.D. 2, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Labor & Tourism,

____________________________

RICHARD H.K. ONISHI, Chair