STAND. COM. REP. NO. 2570

Honolulu, Hawaii

RE:    S.B. No. 2810

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 2810 entitled:

"A BILL FOR AN ACT RELATING TO EMPLOYMENT EXEMPTION FOR DOMESTIC SERVICES AUTHORIZED BY THE DEPARTMENT OF HUMAN SERVICES,"

begs leave to report as follows:

     The purpose and intent of this measure is to amend the definition of "employment" in the workers' compensation, temporary disability insurance, and prepaid health care statutes by clarifying the domestic services exclusion for services authorized by the Department of Human Services.

     Your Committee received testimony in support of this measure from the Department of Human Services, the Department of Health, and the Department of Labor and Industrial Relations.

     Your Committee finds that sections 386-1, 392-5, and 393-5, Hawaii Revised Statutes, exempt developmentally and intellectually disabled recipients of social service payments from providing workers' compensation, temporary disability insurance, and prepaid health care.  This measure provides further clarification and consistency by also exempting aged and disabled recipients of home and community-based services authorized by the Department of Human Services and recipients of state-funded home and community-based services, from having to provide workers' compensation, temporary disability insurance, and prepaid health care due to the provision of these services.

     Your Committee has amended this measure by:

     (1)  Inserting an effective date of July 1, 2050, to ensure further discussion; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2810, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2810, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

CLAYTON HEE, Chair