Bill Text: HI HB1704 | 2022 | Regular Session | Introduced
Bill Title: Relating To Workers' Compensation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-26 - Referred to LAT, CPC, FIN, referral sheet 2 [HB1704 Detail]
Download: Hawaii-2022-HB1704-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1704 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to workers' compensation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 46-13.1, Hawaii Revised Statutes, is amended to read as follows:
"[[]§46-13.1[]]
Volunteer fire stations. The
council of the several counties may establish and maintain one or more
volunteer fire stations in any area or areas of the county as it may determine
to be necessary to provide adequate fire protection. All necessary facilities and equipment for
the volunteer fire stations may be furnished by the county. The officers, firefighters, or other
personnel necessary for the operation or maintenance of these stations shall be
selected and appointed by the fire chief partially or entirely on a voluntary
noncompensatory basis, [and] except as otherwise provided in this
section. All volunteer personnel for any
volunteer fire station shall serve at the pleasure of the fire chief.
The fire chief of the county shall have full authority and control over all volunteer fire stations, their equipment, apparatus, officers, firefighters, and personnel, and the fire chief may designate a suitable person to be in charge of any volunteer fire station. Suitable instructors may be assigned from time to time by the fire chief to such fire stations for the training of volunteer firefighters and personnel.
In case
any person serving in the capacity of volunteer personnel for the fire station,
including a volunteer officer or firefighter, sustains any injury or dies as a
result of any accident arising out of and in the course of training, or the
performance of duty for such fire station, the person shall be entitled to the
benefits provided for volunteer personnel in part V of chapter 386, and be
considered to be an employee of the county for the purpose of obtaining
compensation benefits under chapter 386.
Compensation benefits shall be determined upon the basis of average
weekly wages computed as set forth in section 386-51, and upon the basis of
earnings from the usual employment of the person, or upon the basis of earnings
at the rate of $18 per week, whichever is most favorable to the claimant or
claimants[.]; provided that for volunteer firefighters, average weekly
wages shall be computed as set forth in section 386-181(c). The director of labor and industrial
relations shall administer the provisions hereof in accordance with section
386-172.
Any provision to the contrary notwithstanding, volunteer personnel, including officers and firefighters, shall be entitled to subsistence in amounts deemed proper by the council of the respective counties."
SECTION 2. Section 386-181, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(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] may be considered; and
(4) All provisions of section 386-51 not inconsistent with this section shall apply; provided that section 386-51(5) shall not apply."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Workers' Compensation; Average Weekly Wages; Volunteers; DLIR
Description:
Authorizes wages of other employees in comparable employment to be considered when 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. Clarifies computation of average weekly wages of an injured volunteer firefighter for workers' compensation benefits purposes.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
