STAND. COM. REP. NO.  173-08

Honolulu, Hawaii

                , 2008

RE:   H.B. No. 2441

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Labor & Public Employment, to which was referred H.B. No. 2441 entitled:

"A BILL FOR AN ACT RELATING TO WORKERS' COMPENSATION,"

begs leave to report as follows:

     The purpose of this bill is to provide further protection for students by expanding workers' compensation coverage for students participating in school-approved, work-based learning programs sponsored by the Department of Education (DOE) or the University of Hawaii (UH) to include public employers.

     DOE testified in support of this bill.  The American Insurance Association submitted comments on this measure.

     Although students are performing duties as regular employees while participating in school-approved, work-based learning programs sponsored by DOE or UH for both public and private employers, your Committee notes that the State is only deemed to be the responsible employer for workers' compensation coverage, if the student is working for a private employer.  As this is a beneficial relationship, one in which the student is furthering their education in their field of study and the employer is afforded an additional employee with little to no cost, it would be prudent for all students to be covered by workers' compensation while performing in the capacity of an employee during their work-based learning program.

     As affirmed by the record of votes of the members of your Committee on Labor & Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2441 and recommends that it pass Second Reading and be referred to the Committee on Education.

Respectfully submitted on behalf of the members of the Committee on Labor & Public Employment,

____________________________

ALEX M. SONSON, Chair