Bill Text: HI SB1055 | 2016 | Regular Session | Introduced

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Bill Title: Ironworkers; Licensure; Board of Ironworkers; Qualifications; Continued Competency

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-21 - Re-Referred to CPH, WAM. [SB1055 Detail]

Download: Hawaii-2016-SB1055-Introduced.html

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THE SENATE	S.B. NO.	1055
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to ironworkers.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that ironworkers are tradespersons who work in the ironworking industry.  Among other things, ironworkers raise, place, or unite girders, columns, and other structural steel members.  Installation and erection of structural steel is one of the most dangerous jobs in the United States and one that is often performed at great heights.  A fall on the job can lead to fatalities, serious injuries, or both.  Appropriate worker training and experience are therefore necessary to ensure a safe working environment for the installation and erection of structural steel.

     The legislature additionally finds that public safety and worker safety can be affected if general contractors hire workers who are not fully qualified to install and erect structural steel.  The legislature concludes that workers and the general public will benefit from the licensing of ironworkers.  Establishing a licensing process for ironworkers will protect workers, promote quality ironworking in the State, and benefit public safety.

     Accordingly, the purpose of this Act is to regulate ironworkers in the State by:

     (1)  Establishing a board of ironworkers;

     (2)  Requiring licensure for master ironworkers and journeyman ironworkers in Hawaii; and

     (3)  Setting minimum qualification and continuing competency requirements for licensure of ironworkers.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

Ironworkers

     §   -1  Definitions.  As used in this chapter, unless the context requires otherwise:

     "Board" means the board of ironworkers.

     "Director" means the director of commerce and consumer affairs.

     "Ironworker" means an individual who does any of the following:

     (1)  Raises, places, or unites girders, columns, and other structural steel members;

     (2)  Positions and secures reinforcing rods or post tensioning cables during on-site construction of buildings or bridges;

     (3)  Installs prefabricated, ornamental metalwork;

     (4)  Erects precast girders during on-site construction of bridges; or

     (5)  Rigs or raises a turbine for a wind energy system.

     §   -2  Board; appointment.  There is established the board of ironworkers consisting of seven members to be appointed by the governor to staggered terms pursuant to section 26-34.  Three of the members shall be master ironworkers, one of the members shall be a reinforcing steel contractor, and one of the members shall be a structural steel contractor.  Two of the members shall be private citizens not connected with the industry.

     §   -3  Powers and duties of the board.  In addition to any other powers and duties authorized by law, the board shall have all the powers and duties necessary or convenient to carry out and effectuate this chapter, including but not limited to the following powers and duties:

     (1)  To grant licenses which shall be renewable for:

         (A)  Master ironworkers; and

         (B)  Journeyman ironworkers;

     (2)  To adopt, amend, or repeal rules in accordance with chapter 91 as it may deem proper to effectuate this chapter and to ensure the safety and welfare of the general public; provided that the rules may forbid acts or practices deemed by the board to be detrimental to the accomplishment of the purpose of this chapter;

     (3)  To enforce this chapter and rules adopted pursuant to this chapter and chapter 91, including the denial, suspension, or revocation of any license;

     (4)  To examine all applicants and licensees to determine their qualifications prior to the issuance or renewal of licenses;

     (5)  To establish rules specifying a minimum number of master ironworkers that are required to provide work at a construction site and a maximum number of individuals training as ironworkers who are permitted to provide work at a construction site, to ensure the safety of individuals at the construction site;

     (6)  To order and have enforced a work stoppage on any construction site for violating the ratio of minimum required master ironworkers to maximum number of individuals training as ironworkers at a construction site as provided in the rules; and

     (7)  To inspect any construction site for appropriate ironworker ratio.

     §   -4  Minimum requirements.  An applicant shall possess the following minimum qualifications:

     (1)  Journeyman ironworker:  To be eligible for the journeyman ironworker examination, an applicant shall be at least eighteen years of age and shall provide satisfactory evidence of:

         (A)  Experience in ironworking of at least three years full-time or its equivalent, but not less than six thousand hours, in the trade under the supervision of a master ironworker; and

         (B)  Satisfactory completion of a board-approved ironworker apprenticeship program or eight thousand hours of work in the ironworking trade under the supervision of a journeyman ironworker or a master ironworker; and

     (2)  Master ironworker:  To be eligible for the master ironworker examination, an applicant shall be at least twenty-one years of age and shall provide satisfactory evidence of:

         (A)  Experience in ironworking of at least six years full-time or its equivalent, but not less than twelve thousand hours, in the trade under the supervision of a master ironworker; and

         (B)  Satisfactory completion of a board-approved ironworker apprenticeship program or eight thousand hours of work in the ironworking trade under the supervision of a journeyman ironworker or a master ironworker.

     §   -5  Examination.  (a)  Every applicant shall be examined and shall pass an examination to be eligible for licensure.  The board shall provide in its rules the passing score for the examination.  The board may examine applicants or may contract with professional testing services to prepare, administer, and grade the examination as may be required for the purpose of this section.

     (b)  Every applicant shall pay an examination fee as provided in rules adopted by the director pursuant to chapter 91.  Should the board contract with a professional testing agency to prepare, administer, and grade the examination, the examination fee may be paid directly to the testing agency by the director or the examinee.

     §   -6  Fees; renewals.  (a)  Renewal fees shall be paid to the board before July 1.

     (b)  Master ironworkers and journeyman ironworkers shall renew the license every three years and shall pay all required fees.

     (c)  Failure, neglect, or refusal of any licensee to pay the renewal fee or meet the requirements of section    -7 before the renewal date shall constitute a forfeiture of the license.  Any license so forfeited may be restored upon written application within one year from the date of forfeiture, upon payment of the required renewal fee plus penalty fees and upon meeting the requirements in section    -7.

     §   -7  Continued competency; license renewals.  (a)  Prior to each license renewal, all licensed ironworkers shall:

     (1)  Furnish the board with proof of attendance at an educational course related to current updates in ironworking approved by the board; or

     (2)  Successfully complete an examination prescribed by the board on current updates to ironworking.

     (b)  A licensee who has been issued a new license within one year of the renewal date shall not be required to take the course or the examination to renew the licensee's license.

     §   -8  Unlicensed activity.  (a)  No person shall act or assume to act as a master ironworker or journeyman ironworker or advertise or hold the person's self out as an ironworker, without a license previously obtained in compliance with this chapter and the rules of the board.

     (b)  An apprentice or trainee learning the trade of a person licensed under this chapter shall not be required to have a license if the apprentice or trainee acts under the supervision of a person appropriately licensed under this chapter.

     (c)  Upon entry of a judgment by a court of competent jurisdiction finding that the person has advertised in violation of this section, the entity furnishing voice communication service to the violator shall disconnect the telephone number contained in the advertisement or listing.

     §   -9  Suspension; revocation; fine; denial of issuance or renewal of a license.  (a)  In addition to any other actions authorized by law, the board, after notice and hearing as provided in chapter 91, may suspend or revoke any license, or impose fines, or prior to the notice and hearing, deny the issuance or renewal of any license for any cause authorized by law, including but not limited to the following:

     (1)  Obtaining or attempting to obtain a license by fraud, misrepresentation, or deceit;

     (2)  Gross negligence, incompetency, misconduct, or dishonesty in the practice of the profession;

     (3)  False, fraudulent, or deceptive advertising;

     (4)  Permitting an unlicensed person to perform activities requiring a license;

     (5)  Aiding or abetting an unlicensed person to violate this chapter;

     (6)  Allowing a person's license to be used by an unlicensed person;

     (7)  Acting as an agent, partner, or associate of an unlicensed person engaging in an activity in violation of this chapter; or

     (8)  Violating any provision of this chapter or rule of the board.

     (b)  Any person who violates this chapter shall be fined not less than $1,000 and not more than $50,000 for each violation or imprisoned for not more than six months, or both.

     §   -10  Injunction.  The board may, in addition to any other remedy available, apply to a circuit court judge for a temporary restraining order or preliminary or permanent injunction restraining any person from acting, or assuming to act, as a master ironworker or journeyman ironworker without a license previously obtained in compliance with this chapter and the rules of the board, and upon hearing and for cause shown, the judge may grant the temporary restraining order or preliminary or permanent injunction.

     §   -11  Inspections.  Nothing in this chapter shall deprive the several counties of the right to perform inspections as regulated by their respective ordinances."

     SECTION 3.  Section 26-9, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  The board of acupuncture, board of public accountancy, board of barbering and cosmetology, boxing commission, board of chiropractic examiners, contractors license board, board of dental examiners, board of electricians and plumbers, elevator mechanics licensing board, board of professional engineers, architects, surveyors, and landscape architects, board of massage therapy, Hawaii medical board, motor vehicle industry licensing board, motor vehicle repair industry board, board of naturopathic medicine, board of nursing, board of examiners in optometry, pest control board, board of pharmacy, board of physical therapy, board of psychology, board of private detectives and guards, real estate commission, board of veterinary examiners, board of speech pathology and audiology, board of ironworkers, and any board, commission, program, or entity created pursuant to or specified by statute in furtherance of the purpose of this section including but not limited to section 26H-4, or chapters 484, 514A, 514B, and 514E shall be placed within the department of commerce and consumer affairs for administrative purposes.

     The public utilities commission shall be placed, for administrative purposes only, within the department of commerce and consumer affairs.  Notwithstanding section 26-9(e), (f), (g), (h), (j), (k), (l), (m), (n), (p), (q), (r), and (s), and except as permitted by sections 269-2 and 269-3, the department of commerce and consumer affairs shall not direct or exert authority over the day-to-day operations or functions of the commission."

     SECTION 4.  Section 92-28, Hawaii Revised Statutes, is amended to read as follows:

     "§92-28  State service fees; increase or decrease of.  Any law to the contrary notwithstanding, the fees or other nontax revenues assessed or charged by any board, commission, or other governmental agency may be increased or decreased by the body in an amount not to exceed [fifty] 50 per cent of the statutorily assessed fee or nontax revenue, to maintain a reasonable relation between the revenues derived from such fee or nontax revenue and the cost or value of services rendered, comparability among fees imposed by the State, or any other purpose which it may deem necessary and reasonable; provided that:

     (1)  The authority to increase or decrease fees or nontax revenues shall be subject to the approval of the governor and extend only to the following:  chapters 36, 92, 94, 142, 144, 145, 147, 150, 171, 188, 189, 231, 269, 271, 321, 338, 373, 412, 414, 414D, 415A, 417E, 419, 421, 421C, 421H, 421I, 425, 425E, 428, 431, 436E, 437, 437B, 438, 439, 440, 441, 442, 443B, 444, 447, 448, 448E, 448F, 448H, 451A, 451J, 452, 453, 453D, 454, 455, 456, 457, 457A, 457B, 457G, 458, 459, 460J, 461, 461J, 462A, 463, 463E, 464, 465, 466, 466K, 467, 467E, 468E, 468L, 468M, 469, 471, 482, 482E, 484, 485A, 501, 502, 505, 514A, 514B, 514E, 572, 574, [and] 846 (part II)[;], and      ;

     (2)  The authority to increase or decrease fees or nontax revenues under the chapters listed in paragraph (1) that are established by the department of commerce and consumer affairs shall apply to fees or nontax revenues established by statute or rule;

     (3)  The authority to increase or decrease fees or nontax revenues established by the University of Hawaii under chapter 304A shall be subject to the approval of the board of regents; provided that the board's approval of any increase or decrease in tuition for regular credit courses shall be preceded by an open public meeting held during or prior to the semester preceding the semester to which the tuition applies;

     (4)  This section shall not apply to judicial fees as may be set by any chapter cited in this section;

     (5)  The authority to increase or decrease fees or nontax revenues pursuant to this section shall be exempt from the public notice and public hearing requirements of chapter 91; and

     (6)  Fees for copies of proposed and final rules and public notices of proposed rulemaking actions under chapter 91 shall not exceed 10 cents a page, as required by section 91-2.5."

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Ironworkers; Licensure; Board of Ironworkers; Qualifications; Continued Competency

 

Description:

Regulates ironworkers in the State by:  establishing a board of ironworkers; requiring licensure for master ironworkers and journeyman ironworkers in Hawaii; and setting minimum qualification and continued competency requirements for licensure of ironworkers.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.