HB 372 – AS INTRODUCED
2015 SESSION
01/03
HOUSE BILL 372
AN ACT relative to certain private employers under workers’ compensation.
SPONSORS: Rep. Haefner, Hills 37; Rep. Sad, Ches 1
COMMITTEE: Environment and Agriculture
This bill creates an exemption under RSA 281-A for certain private employers engaged in farming.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15-0827
01/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT relative to certain private employers under workers’ compensation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Workers’ Compensation; Exemption Added. Amend RSA 281-A:2, VI(a) to read as follows:
VI.(a)(1) “Employee”, with respect to private employment, means any person in the service of an employer subject to the provisions of this chapter under any express or implied, oral or written contract of hire except a railroad employee engaged in interstate commerce whose rights are governed by the Federal Employers’ Liability Act. If they elect to be personally covered by this chapter, “employee” includes persons who regularly operate businesses or practice their trades, professions, or occupations, whether individually, or in partnership, or association with other persons, whether or not they hire others as employees.
(2) “Employee,” with respect to private employment, shall not include:
(A) A person engaged in agriculture or farm employment for an employer whose aggregate payroll is less than $10,000 in a calendar year, unless such employer notifies the commissioner that such employer wishes to be included within the provisions of this chapter; the existence of a contract of insurance shall be considered sufficient notice.
(B) Any employer who opts out under subparagraph (A) shall maintain coverage by such employer’s liability insurance policy with total limits of not less than $300,000 and medical payment coverage of not less than $5,000.
(C) The burden of proof to establish an exempt status under this subparagraph is on the employer claiming the exemption.
2 Effective Date. This act shall take effect January 1, 2016.