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HB 1175 - Workers' comp; cert occupations; prohibit certain exemptions

Hugley, Carolyn F (133rd)	Taylor, Maretta M (134th)

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First Reader Summary

A BILL to amend Code Section 34-9-2 of the Official Code of Georgia Annotated, relating to the applicability of workers' compensation laws to employers and employees generally, so as to provide that the exemption from workers' compensation laws granted to employers with less than three employees shall not apply if the employer's occupation has been declared hazardous by the Commissioner of Labor; and for other purposes.

HB 1175                                            LC 19 4430 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section 34-9-2 of the Official Code of 
  1- 2  Georgia, relating to the applicability of workers' 
  1- 3  compensation laws to employers and employees generally, so 
  1- 4  as to provide that the exemption from workers' compensation 
  1- 5  laws granted to employers with less than three employees 
  1- 6  shall not apply if the employer's occupation has been 
  1- 7  declared hazardous by the Commissioner of Labor; to provide 
  1- 8  an effective date; to provide for applicability; to repeal 
  1- 9  conflicting laws; and for other purposes. 
 
  1-10       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-11                           SECTION 1. 
 
  1-12  Code Section 34-9-2 of the Official Code of Georgia, 
  1-13  relating to the applicability of workers' compensation laws 
  1-14  to employers and employees generally, is amended by striking 
  1-15  subsection (a) in its entirety and inserting in lieu thereof 
  1-16  the following: 
 
  1-17    "(a) This chapter shall not apply to common carriers by 
  1-18    railroad engaged in intrastate trade or commerce; nor 
  1-19    shall this chapter be construed to lessen the liability of 
  1-20    such common carriers or take away or diminish any right 
  1-21    that any employee of such common carrier or, in case of 
  1-22    his or her death, the personal representative of such 
  1-23    employee may have under the laws of this state; nor shall 
  1-24    this chapter apply to employees whose employment is not in 
  1-25    the usual course of trade, business, occupation, or 
  1-26    profession of the employer or not incidental thereto; nor 
  1-27    to farm laborers or domestic servants; nor to employers of 
  1-28    such employees; nor to any person, firm, or private 
  1-29    corporation, including any public service corporation, 
  1-30    that has regularly in service less than three employees in 
  1-31    the same business within this state, unless such employees 
  1-32    and their employers voluntarily elect to be bound or 
  1-33    unless such employers are engaged in occupations which the 
  1-34    Commissioner of Labor shall declare hazardous; nor to any 
  1-35    person performing services as a licensed real estate 
 
 
                                 -1- 
 
 
 
  2- 1    salesperson or associate broker who has a written contract 
  2- 2    of employment providing that he or she shall perform all 
  2- 3    services as an independent contractor." 
 
  2- 4                           SECTION 2. 
 
  2- 5  This Act shall become effective July 1, 2000, and shall 
  2- 6  apply to claims filed on or after said date. 
 
  2- 7                           SECTION 3. 
 
  2- 8  All laws and parts of laws in conflict with this Act are 
  2- 9  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2-