Report Title:

Sheriffs' Chaplains; Workers' Compensation

Description:

Clarifies that sheriffs' chaplains are entitled to workers' compensation.  (SB309 HD1)

THE SENATE	S.B. NO.	309
TWENTY-FIFTH LEGISLATURE, 2009		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO WORKERS' COMPENSATION.

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

     SECTION 1.  Section 386-181, Hawaii Revised Statutes, is amended as follows:

     1.  By adding a new definition to be appropriately inserted and to read:

     ""Sheriffs' chaplain" means a member of an authorized chaplaincy program of the department of public safety who performs functions similar to a police chaplain in a voluntary and unpaid capacity for the sheriff division."

     2.  By amending subsections (b) and (c) to read:

     "(b)  If a member of a public board, a reserve police officer, a police chaplain, sheriffs' chaplain, a volunteer firefighter, a volunteer boating enforcement officer, or a volunteer conservation and resources enforcement officer is injured while performing services for the board, county police department, county fire department, department of public safety, harbors division of the department of transportation, or division of conservation and resources enforcement of the department of land and natural resources, under the conditions specified in section 386-3, the person or the person's dependents shall be entitled to all compensation in the manner provided by this chapter and, for the purposes of this chapter, the person shall, in every case, be deemed to have earned wages for the services.

     (c)  In computing the average weekly wages of an injured public board member, reserve police officer, police chaplain, sheriffs' chaplain, volunteer firefighter, volunteer boating enforcement officer, or volunteer conservation and resources enforcement officer:

     (1)  The person's income from self-employment shall be considered wages;

     (2)  The person shall, in no event, be considered to have earned less than the minimum hourly wage prescribed in chapter 387;

     (3)  Wages of other employees in comparable employment shall not be considered;

    [(4)  Section 386-51(5) shall not apply;] and

    [(5)] (4)  All provisions of section 386-51 not inconsistent with this section shall apply[.]; provided that section 386-51(5) shall not apply."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.