REPORT TITLE:
Employment


DESCRIPTION:
Repeals presumption of coverage under workers' compensation and
temporary disability benefits laws.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           221
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO EMPLOYMENT AND COVERAGE.



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

 1      SECTION 1.  Section 386-73.5, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]386-73.5[]]  Proceedings to determine employment and
 
 4 coverage.  The director of labor and industrial relations shall
 
 5 have original jurisdiction over all controversies and disputes
 
 6 over employment and coverage under this chapter.  [Except in
 
 7 cases where services are specifically and expressly excluded from
 
 8 "employment" under section 386-1, it shall be presumed that
 
 9 coverage applies unless the party seeking exclusion is able to
 
10 establish under both the control test and the relative nature of
 
11 the work test that coverage is not appropriate under this
 
12 chapter.]  There shall be a right of appeal from decisions of the
 
13 director to the appellate board and thence to the supreme court."
 
14      SECTION 2.  Section 392-21.5, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "[[]392-21.5[]]  Proceedings to determine employment and
 
17 coverage.  The director of labor and industrial relations shall
 
18 have original jurisdiction over all controversies and disputes
 
19 over employment and coverage under this chapter.  [Except in
 

 
Page 2                                                     
                                     S.B. NO.           221
                                                        
                                                        


 1 cases where services are specifically and expressly excluded from
 
 2 "employment" under section 392-5, it shall be presumed that
 
 3 coverage applies unless the party seeking exclusion is able to
 
 4 establish under both the control test and the relative nature of
 
 5 the work test that coverage is not appropriate under this
 
 6 chapter.]  There shall be a right of appeal from decisions of the
 
 7 director to the circuit court and thence to the supreme court."
 
 8      SECTION 3.  Statutory material to be repealed is bracketed.
 
 9      SECTION 4.  This Act shall take effect upon its approval.
 
10 
 
11                           INTRODUCED BY:  _______________________