Extends the life of the occupational safety and health training
and assistance fund (fund).  Includes certification programs to
enhance safety and health among the uses for the fund.  (HB1165

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 396-4, Hawaii Revised Statutes, is
 2 amended by amending subsection (c) to read as follows:
 3      "(c)  Education and training.
 4      (1)  The department may disseminate, through exhibitions,
 5           videos, lectures, pamphlets, and any other method of
 6           publicity, information to employers, employees, and the
 7           general public regarding the causes and prevention of
 8           industrial accidents, injuries, and illnesses;
 9      (2)  Where appropriate, the department shall undertake
10           programs in training and consultation with employers
11           and employees as a means of encouraging voluntary
12           compliance with occupational safety and health
13           standards and rules; and
14      (3)  There is established a special fund to be known as the
15           occupational safety and health training and assistance
16           fund into which shall be deposited: in each fiscal
17           year, up to $500,000 in fines, interest, and penalties
18           collected pursuant to section 396-10; interest earned
19           on any moneys in the fund; and all moneys received for

Page 2                                                     1165
                                     H.B. NO.           H.D. 2

 1           the fund from any source.  The moneys in the fund may
 2           be used to carry out the purposes of this subsection.
 3           The director of finance shall be the custodian of the
 4           fund, invest its moneys in accordance with applicable
 5           laws and rules, and disburse the moneys in the fund in
 6           accordance with instructions from the director of labor
 7           and industrial relations and section 36-27.  All moneys
 8           earned from investments shall be deposited in the fund.
 9           The director of finance shall be liable on the
10           director's official bond for the faithful performance
11           of all duties in connection with the fund.  The fund
12           may be used for:
13           (A)  Occupational safety and health training programs;
14           (B)  Department-sponsored safety and health
15                conferences;
16           (C)  Additional state consultants (occupational safety
17                and health advisors) to assist employers, unions,
18                and employees; [and]
19           (D)  Preparation of annual reports pursuant to section
20                396-17[.]; and
21           (E)  Certification programs to enhance safety and
22                health.

Page 3                                                     1165
                                     H.B. NO.           H.D. 2

 1           The director of labor and industrial relations shall
 2           submit annual reports to the legislature on the status
 3           of the fund, including expenditures and program
 4           results, not less than twenty days prior to the
 5           convening of each regular session."
 6      SECTION 2.  Act 130, Session Laws of Hawaii 1994, as amended
 7 by Act 12, Special Session Laws of Hawaii 1995, is amended by
 8 amending section 4 to read as follows:
 9      "SECTION 4.  This Act shall take effect on July 1, 1994;
10 provided that:
11      (1)  Sections 1 and 2 shall be repealed on July 1, [1999;]
12           2003;
13      (2)  On July 1, [1999,] 2003, subsection (c) of section 396-
14           4, Hawaii Revised Statutes, is reenacted in the form in
15           which it read on June 30, 1994; and
16      (3)  The director of finance shall transfer to the credit of
17           the state general fund, all unexpended [or] and
18           unencumbered balances remaining in the occupational
19           safety and health training and assistance fund
20           established pursuant to section 396-4, Hawaii Revised
21           Statutes, [prior to] as of the close of business on
22           June 30, [1999.] 2003."

Page 4                                                     1165
                                     H.B. NO.           H.D. 2

 1      SECTION 3.  Statutory material to be repealed is bracketed.
 2 New statutory material is underscored.
 3      SECTION 4.  This Act shall take effect on June 30, 1999.