Bill Text: HI HB2578 | 2010 | Regular Session | Introduced

---

Bill Title: Workers' Compensation; Agreements

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-27 - (H) Referred to LAB, FIN, referral sheet 7 [HB2578 Detail]

Download: Hawaii-2010-HB2578-Introduced.html

---

HOUSE OF REPRESENTATIVES	H.B. NO.	2578
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO WORKERS' COMPENSATION LAW.

 

 

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

 

     SECTION 1.  The purpose of this bill is to provide public unions and employers the same ability as private unions and their signatory employers to collectively design and enter into an alternative workers' compensation system.  Hawaii currently allows private unions and their signatory employers to enter into collectively bargained workers' compensation agreements.  To date, several private unions have successfully designed and implemented these agreements.  The Hawaii Carpenters Union, the International Brotherhood of Electrical Workers, and Hawaii Laborers and Operators, as well as others, have established alternative workers' compensations systems to facilitate treatment and resolve disputes outside of the normal workers' compensation system run by the department.

     Allowing public unions and public employers the ability to bargain with one another to design and implement a separate, stand-alone bargained agreement between labor and management solely covering workers' compensation will allow public unions and management to create a system that meets their specific needs.

     SECTION 2.  Section 386-3.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§386-3.5[]]  Negotiation for benefit coverage.  (a)  Notwithstanding any provision of law to the contrary, any employer may determine the benefits and coverage of a policy required under this chapter through collective bargaining with an appropriate bargaining unit; provided that the bargained agreement shall be reviewed by the director to ensure that the agreement does not provide benefits and coverage less than those provided in this chapter.  The director shall approve the agreement within ninety days after submittal upon a finding that the agreement provides the benefits and coverage required.  [This section shall not apply to collective bargaining contracts negotiated pursuant to chapter 89.]  The agreement for benefit coverage shall not be subject to arbitration.  The director may adopt rules pursuant to chapter 91 to implement this section.

     (b)  This section shall apply only to collective bargaining agreements negotiated subsequent to June 29, 1995."

     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.

 

INTRODUCED BY:	_____________________________
	By Request

 

 

Report Title:

Workers' Compensation; Agreements

 

Description:

Provides public unions and employers the same ability as private unions and their signatory employers to collectively design and enter into an alternative workers' compensation system.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.