1 Employee Leasing Companies; License Application and Fees. Amend the introductory paragraph of RSA 277-B:5, IV to read as follows:

IV. Every application for an original, renewal, or restricted license, shall be accompanied by evidence satisfactory to the commissioner that the leased employees are covered by workers' compensation insurance issued by a carrier admitted to write such coverage in this state . No unlicensed leasing company shall be provided workers' compensation coverage. An employee leasing company may meet its obligation to provide such insurance for leased employees through no more than 2 policies. When 2 policies are issued, one shall be issued in the voluntary market, and the other shall be issued in the residual market.

2 New Paragraph; Employee Leasing Deemed Co-Employment. Amend RSA 277-B:9 by inserting after paragraph II the following new paragraph:

II-a. Either the employee leasing company or the client company shall purchase and maintain workers' compensation insurance for those employees in an employee leasing arrangement.

3 Employee Leasing Companies; Exclusivity and Vicarious Liability. Amend RSA 277-B:10 to read as follows:

277-B:10 Exclusivity and Vicarious Liability. An employee leasing company and its client company shall both be entitled to the exclusivity of remedy provisions of RSA 281-A:8 , and the employee leasing company shall not be vicariously liable for the actions or omissions of the client company and the client company shall not be vicariously liable for the actions or omissions of the employee leasing company. Nothing in this section shall prohibit any direct contractual liability between the employee leasing company and the client company, nor shall the same limit any liability or responsibility imposed by this chapter.

4 Effective Date. This act shall take effect 60 days after its passage.

1 Employee Leasing Companies; License Application and Fees. Amend the introductory paragraph of RSA 277-B:5, IV to read as follows:

IV. Every application for an original, renewal, or restricted license, shall be accompanied by evidence satisfactory to the commissioner that the leased employees are covered by workers' compensation insurance issued by a carrier admitted to write such coverage in this state for leased employees for whom the employee leasing company has the contractual obligation to maintain workers compensation coverage . No unlicensed leasing company shall be provided workers' compensation coverage. An employee leasing company , if it has the contractual obligation to maintain workers ' compensation coverage for leased employees, may meet its obligation to provide such insurance for leased employees through no more than 2 policies. When 2 policies are issued, one shall be issued in the voluntary market, and the other shall be issued in the residual market.

2 New Paragraph; Employee Leasing Deemed Co-Employment. Amend RSA 277-B:9 by inserting after paragraph II the following new paragraph:

II-a. Either the employee leasing company or the client company shall purchase and maintain workers' compensation insurance for those employees in an employee leasing arrangement.

3 Employee Leasing Companies; Exclusivity and Vicarious Liability. Amend RSA 277-B:10 to read as follows:

277-B:10 Exclusivity and Vicarious Liability. An employee leasing company and its client company shall both be entitled to the exclusivity of remedy provisions of RSA 281-A:8 regardless of which entity purchases the workers ' compensation insurance , and the employee leasing company shall not be vicariously liable for the actions or omissions of the client company and the client company shall not be vicariously liable for the actions or omissions of the employee leasing company. Nothing in this section shall prohibit any direct contractual liability between the employee leasing company and the client company, nor shall the same limit any liability or responsibility imposed by this chapter.

4 Effective Date. This act shall take effect 60 days after its passage.