SB 99-FN - FINAL VERSION
2May2019... 1517h
2019 SESSION
19-0963
01/05
SENATE BILL 99-FN
AN ACT relative to gainful employment and partial disability in workers' compensation.
SPONSORS: Sen. Cavanaugh, Dist 16; Rep. Merner, Coos 7; Rep. Soucy, Merr. 16; Rep. Goley, Hills. 8
COMMITTEE: Commerce
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AMENDED ANALYSIS
This bill clarifies the definition of gainful employment for purposes of workers' compensation.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
2May2019... 1517h 19-0963
01/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to gainful employment and partial disability in workers' compensation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Workers' Compensation; Definitions. Amend RSA 281-A:2, X-a to read as follows:
X-a. "Gainful employment" means employment which reasonably conforms with the employee's age, education, training, temperament and mental and physical capacity to adapt to other forms of similarly remunerative labor than that to which the employee was accustomed.
2 Effective Date. This act shall take effect January 1, 2020.
VETOED September 6, 2019
Veto Sustained September 19, 2019
19-0963
Amended 5/10/19
SB 99-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2019-1517h)
AN ACT relative to gainful employment and partial disability in workers' compensation.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 | |
Appropriation | $0 | $0 | $0 | $0 | |
Revenue | $0 | $0 | $0 | $0 | |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | |
Funding Source: | [ ] General [ ] Education [ ] Highway [ X ] Other - Multiple (See Methodology) | ||||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 | |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | |
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LOCAL: |
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Revenue | $0 | $0 | $0 | $0 | |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | |
METHODOLOGY:
For the purpose of workers' compensation, this bill clarifies the definition of gainful employment. The Department of Labor estimates this bill may increase workers' compensation premiums and payment expenditures for state, county, and local governments. However, the Department estimates the increase will be by an indeterminable amount. Any increased expenditures under this bill would impact all funds used to pay for workers' compensation premiums or payments.
AGENCIES CONTACTED:
Department of Labor
| Date | Body | Type |
|---|---|---|
| Jan. 29, 2019 | Senate | Hearing |
| March 7, 2019 | Senate | Floor Vote |
| April 10, 2019 | House | Hearing |
| April 17, 2019 | House | Exec Session |
| April 17, 2019 | House | Exec Session |
| House | Floor Vote | |
| May 2, 2019 | House | Floor Vote |
Sept. 19, 2019: Notwithstanding the Governor's Veto, Shall SB 99 Become Law: RC 14Y-10N, Veto Sustained, lacking the necessary two-thirds vote; 09/19/2019; SJ 22
Sept. 6, 2019: Vetoed by Governor 09/06/2019
June 27, 2019: Enrolled (In recess 06/27/2019); SJ 21
June 27, 2019: Enrolled 06/27/2019 HJ 20 P. 53
June 13, 2019: Sen. Cavanaugh Moved to Concur with the House Amendment, RC 14Y-10N, MA; 06/13/2019; SJ 20
May 2, 2019: Ought to Pass with Amendment 2019-1517h: MA RC 204-152 05/02/2019 HJ 14 P. 19
May 2, 2019: Amendment # 2019-1517h: AA VV 05/02/2019 HJ 14 P. 19
May 2, 2019: Referred to Finance 05/02/2019
May 2, 2019: Ought to Pass with Amendment 2019-1517h: MA RC 204-152 05/02/2019
May 2, 2019: Amendment # 2019-1517h: AA VV 05/02/2019
: Minority Committee Report: Inexpedient to Legislate
: Majority Committee Report: Ought to Pass with Amendment # 2019-1517h (Vote 12-8; RC)
May 2, 2019: Majority Committee Report: Ought to Pass with Amendment # 2019-1517h for 05/02/2019 (Vote 12-8; RC) HC 22 P. 11
April 17, 2019: Executive Session: 04/17/2019 02:30 pm LOB 307
April 17, 2019: Subcommittee Work Session: 04/17/2019 08:30 am LOB 306
April 10, 2019: Public Hearing: 04/10/2019 11:00 am LOB 307
March 20, 2019: Introduced 03/20/2019 and referred to Labor, Industrial and Rehabilitative Services HJ 11 P. 69
March 7, 2019: Ought to Pass: RC 14Y-10N, MA; OT3rdg; 03/07/2019; SJ 7
March 7, 2019: Committee Report: Ought to Pass, 03/07/2019; SC 12
Jan. 29, 2019: Hearing: 01/29/2019, Room 103, SH, 01:45 pm; SC 8
Jan. 3, 2019: Introduced 01/03/2019 and Referred to Commerce; SJ 4