Connecticut 2012 Regular Session

Connecticut House Bill HB05439 Compare Versions

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1-General Assembly Substitute Bill No. 5439
2-February Session, 2012 *_____HB05439AGE___031512____*
1+General Assembly Raised Bill No. 5439
2+February Session, 2012 LCO No. 1941
3+ *01941_______AGE*
4+Referred to Committee on Aging
5+Introduced by:
6+(AGE)
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48 General Assembly
59
6-Substitute Bill No. 5439
10+Raised Bill No. 5439
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812 February Session, 2012
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10-*_____HB05439AGE___031512____*
14+LCO No. 1941
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12-AN ACT CREATING A TASK FORCE TO STUDY EMPLOYMENT ISSUES CONCERNING REGISTRIES IN THE HOMEMAKER AND COMPANION SERVICES INDUSTRY.
16+*01941_______AGE*
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18+Referred to Committee on Aging
19+
20+Introduced by:
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22+(AGE)
23+
24+AN ACT CONCERNING THE EMPLOYMENT STATUS OF PERSONS PROVIDING HOMEMAKER SERVICES, COMPANION SERVICES AND HOMEMAKER-HOME HEALTH AIDE SERVICES.
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1426 Be it enacted by the Senate and House of Representatives in General Assembly convened:
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16-Section 1. (Effective July 1, 2012) (a) There is established a task force to study whether registries, as defined in section 20-670 of the general statutes, should be responsible for the payment of unemployment insurance and workers' compensation coverage for the individuals supplied, referred or placed by such registries. Such study shall include, but not be limited to, an examination of (1) the impact that requiring such registries to be responsible for such payments would have on the availability of individuals to provide care for consumers in need of homemaker or companion services, as defined in section 20-670 of the general statutes, and (2) the ways in which other states register or regulate such registries.
28+Section 1. (NEW) (Effective January 1, 2013) For purposes of chapter 567 of the general statutes, a homemaker-companion agency, as defined in section 20-670 of the general statutes, registry, as defined in section 20-670 of the general statutes, or homemaker-home health aide agency, as defined in section 19a-490 of the general statutes, shall be deemed the employer of an individual such agency or registry supplied or referred to a consumer to provide (1) homemaker services, as defined in section 20-670 of the general statutes, (2) companion services, as defined in section 20-670 of the general statutes, or (3) homemaker-home health aide services, as defined in section 19a-490 of the general statutes, and such agency or registry shall be liable for the payment of unemployment contributions for such individual during the duration of time he or she provides said services to the consumer.
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18-(b) The task force shall consist of the following members:
30+Sec. 2. (NEW) (Effective January 1, 2013) For purposes of chapter 558 of the general statutes, a homemaker-companion agency, as defined in section 20-670 of the general statutes, registry, as defined in section 20-670 of the general statutes, or homemaker-home health aide agency, as defined in section 19a-490 of the general statutes, shall be deemed the employer of an individual such agency or registry supplied or referred to a consumer to provide (1) homemaker services, as defined in section 20-670 of the general statutes, (2) companion services, as defined in section 20-670 of the general statutes, or (3) homemaker-home health aide services, as defined in section 19a-490 of the general statutes, and such agency or registry shall be responsible for the payment of wages to such individual during the duration of time he or she provides said services to the consumer.
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20-(1) The chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to aging and labor;
32+Sec. 3. (NEW) (Effective January 1, 2013) (a) As used in this section:
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22-(2) Two appointed by the speaker of the House of Representatives, each of whom shall be a representative from a registry;
34+(1) "Homemaker-companion agency" means homemaker-companion agency, as defined in section 20-670 of the general statutes;
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24-(3) Two appointed by the president pro tempore of the Senate, who shall be individuals who are supplied or referred to or placed with consumers by a registry;
36+(2) "Registry" means registry, as defined in section 20-670 of the general statutes;
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26-(4) One appointed by the majority leader of the House of Representatives, who shall be a representative from a homemaker-companion agency;
38+(3) "Homemaker-home health aide agency" means homemaker-home health aide agency, as defined in section 19a-490 of the general statutes;
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28-(5) One appointed by the majority leader of the Senate, who shall be an individual who is employed by a homemaker-companion agency;
40+(4) "Homemaker services" means homemaker services, as defined in section 20-670 of the general statutes;
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30-(6) One appointed by the minority leader of the House of Representatives, who shall be a consumer or the legal representative of a consumer who receives homemaker or companion services through a registry;
42+(5) "Companion services" means companion services, as defined in section 20-670 of the general statutes;
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32-(7) One appointed by the minority leader of the Senate, who shall be a consumer or the legal representative of a consumer who receives homemaker or companion services through a homemaker-companion agency;
44+(6) "Homemaker-home health aide services" means homemaker-home health aide services, as defined in section 19a-490 of the general statutes;
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34-(8) The Labor Commissioner, or the commissioner's designee;
46+(7) "Consumer" means an individual receiving homemaker services, companion services or homemaker-home health aid services from a homemaker-companion agency, registry or homemaker-home health aide agency; and
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36-(9) The Commissioner of Revenue Services, or the commissioner's designee;
48+(8) "Covered provider" means a homemaker-companion agency, registry, or homemaker-home health aide agency providing homemaker services, companion services or homemaker-home health aid services.
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38-(10) The Commissioner of Public Health, or the commissioner's designee;
50+(b) For purposes of chapter 568 of the general statutes, an individual supplied or referred by a covered provider to a consumer to provide homemaker services, companion services or homemaker-home health aid services shall be deemed an employee of (1) except as provided in subdivision (2) of this subsection, such covered provider, regardless of the number of hours worked, and shall be liable for compensation under chapter 568 of the general statutes for such individual during the duration of time he or she provides said services to the consumer, and (2) such consumer solely for the purposes of subsection (a) of section 31-284 of the general statutes, and such consumer shall be deemed to be in compliance with subsection (b) of said section, except that the requirements of subsection (b) of said section 31-284 shall be the responsibility of the covered provider.
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40-(11) The Commissioner of Consumer Protection, or the commissioner's designee; and
52+(c) The consumer's exemption from liability under subsection (a) of section 31-284 of the general statutes, including any liability for third-party lawsuits commenced pursuant to subsection (a) of section 31-293 of the general statutes, shall be extended to (1) members of the consumer's immediate family or household, and (2) any individual acting as a conservator of the person, as defined in section 45a-644 of the general statutes or acting under other legal authority to make decisions for the consumer regarding their medical or personal care.
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42-(12) The Insurance Commissioner, or the commissioner's designee.
54+Sec. 4. Subdivision (9) of section 31-275 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2013):
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44-(c) Any member of the task force appointed under subdivision (6) or (7) of subsection (b) of this section may be a member of the General Assembly.
56+(9) (A) "Employee" means any person who:
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46-(d) All appointments to the task force shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.
58+(i) Has entered into or works under any contract of service or apprenticeship with an employer, whether the contract contemplated the performance of duties within or without the state;
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48-(e) The speaker of the House of Representatives and the president pro tempore of the Senate shall select the chairpersons of the task force from among the members of the task force. Such chairpersons shall schedule the first meeting of the task force, which shall be held not later than sixty days after the effective date of this section.
60+(ii) Is a sole proprietor or business partner who accepts the provisions of this chapter in accordance with subdivision (10) of this section;
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50-(f) The administrative staff of the joint standing committees of the General Assembly having cognizance of matters relating to aging and labor shall serve as administrative staff of the task force.
62+(iii) Is elected to serve as a member of the General Assembly of this state;
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52-(g) Not later than January 1, 2013, the task force shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to aging, in accordance with the provisions of section 11-4a of the general statutes. The task force shall terminate on the date that it submits such report or January 1, 2013, whichever is later.
64+(iv) Is a salaried officer or paid member of any police department or fire department;
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66+(v) Is a volunteer police officer, whether the officer is designated as special or auxiliary, upon vote of the legislative body of the town, city or borough in which the officer serves;
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68+(vi) Is an elected or appointed official or agent of any town, city or borough in the state, upon vote of the proper authority of the town, city or borough, including the elected or appointed official or agent, irrespective of the manner in which he or she is appointed or employed. Nothing in this subdivision shall be construed as affecting any existing rights as to pensions which such persons or their dependents had on July 1, 1927, or as preventing any existing custom of paying the full salary of any such person during disability due to injury arising out of and in the course of his or her employment;
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70+(vii) Is an officer or enlisted person of the National Guard or other armed forces of the state called to active duty by the Governor while performing his or her active duty service; or
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72+(viii) Is elected to serve as a probate judge for a probate district established in section 45a-2.
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74+(B) "Employee" shall not be construed to include:
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76+(i) Any person to whom articles or material are given to be treated in any way on premises not under the control or management of the person who gave them out;
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78+(ii) One whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business;
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80+(iii) A member of the employer's family dwelling in his house; but, if, in any contract of insurance, the wages or salary of a member of the employer's family dwelling in his house is included in the payroll on which the premium is based, then that person shall, if he sustains an injury arising out of and in the course of his employment, be deemed an employee and compensated in accordance with the provisions of this chapter;
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82+(iv) [Any] Except as provided in section 3 of this act, any person engaged in any type of service in or about a private dwelling provided he is not regularly employed by the owner or occupier over twenty-six hours per week;
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84+(v) An employee of a corporation who is a corporate officer and who elects to be excluded from coverage under this chapter by notice in writing to his employer and to the commissioner; or
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86+(vi) Any person who is not a resident of this state but is injured in this state during the course of his employment, unless such person (I) works for an employer who has a place of employment or a business facility located in this state at which such person spends at least fifty per cent of his employment time, or (II) works for an employer pursuant to an employment contract to be performed primarily in this state.
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5791 This act shall take effect as follows and shall amend the following sections:
58-Section 1 July 1, 2012 New section
92+Section 1 January 1, 2013 New section
93+Sec. 2 January 1, 2013 New section
94+Sec. 3 January 1, 2013 New section
95+Sec. 4 January 1, 2013 31-275(9)
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6097 This act shall take effect as follows and shall amend the following sections:
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6299 Section 1
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64-July 1, 2012
101+January 1, 2013
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66103 New section
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68-Statement of Legislative Commissioners:
105+Sec. 2
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70-The phrasing in section 1(b)(2) was changed for clarity.
107+January 1, 2013
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109+New section
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111+Sec. 3
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74-AGE Joint Favorable Subst.
113+January 1, 2013
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76-AGE
115+New section
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78-Joint Favorable Subst.
117+Sec. 4
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119+January 1, 2013
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121+31-275(9)
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123+Statement of Purpose:
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125+To designate a homemaker-companion agency, registry or homemaker-home health agency as the employer of individuals providing certain services to consumers for the purposes of unemployment compensation, wages and workers' compensation, and remove liability for such individual's personal injuries arising out of and in the course of employment from the consumer.
126+
127+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]