REPORT TITLE:
Employment


DESCRIPTION:
Conforms definition of "employment" in worker's compensation laws
and temporary disability insurance law to the definition in the
employment security law; repeals proceedings to determine
employment and coverage in both laws.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2710
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO EMPLOYMENT.



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

 1      SECTION 1.  Section 386-1, Hawaii Revised Statutes, is
 
 2 amended by amending the definition of "employment" to read as
 
 3 follows:
 
 4      ""Employment" [means any service performed by an individual
 
 5 for another person under any contract of hire or apprenticeship,
 
 6 express or implied, oral or written, whether lawfully or
 
 7 unlawfully entered into.] shall be as defined in section 383-6.
 
 8 It includes service of public officials, whether elected or under
 
 9 any appointment or contract of hire express or implied."
 
10      SECTION 2.  Section 392-3, Hawaii Revised Statutes, is
 
11 amended by amending the definition of "employment" to read as
 
12 follows:
 
13      ""Employment" [and "employed" means service, including
 
14 service in interstate commerce, performed for wages under any
 
15 contract of hire, written or oral, express or implied, with an
 
16 employer,] shall be as defined in section 383-6, except as
 
17 otherwise provided in sections 392-4 and 392-5."
 
18      SECTION 3.  Section 386-73.5, Hawaii Revised Statutes, is
 
19 repealed.
 

 
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                                     S.B. NO.           2710
                                                        
                                                        

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

 
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                                     S.B. NO.           2710
                                                        
                                                        

 
 1 chapter.  There shall be a right of appeal from decisions of the
 
 2 director to the circuit court and thence to the supreme court."]
 
 3      SECTION 5.  Statutory material to be repealed is bracketed.
 
 4 New statutory material is underscored.
 
 5      SECTION 6.  This Act shall take effect upon its approval.
 
 6 
 
 7                       INTRODUCED BY:  ___________________________