Connecticut Seal

General Assembly

Amendment

 

January Session, 2015

LCO No. 8000

   
 

*HB0667808000SRO*

Offered by:

 

SEN. MCLACHLAN, 24th Dist.

 

To: House Bill No. 6678

File No. 793

Cal. No. 472

(As Amended)

"AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS' RECOMMENDATIONS FOR TECHNICAL AND OTHER CHANGES TO THE INSURANCE AND RELATED STATUTES. "

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. Subdivision (9) of section 31-275 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(9) (A) "Employee" means any person who:

(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;

(ii) Is a sole proprietor or business partner who accepts the provisions of this chapter in accordance with subdivision (10) of this section;

(iii) Is elected to serve as a member of the General Assembly of this state;

(iv) Is a salaried officer or paid member of any police department or fire department;

(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;

(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;

(vii) Is a member of the armed forces of the state while in the performance of military duty, whether paid or unpaid for such military duty, in accordance with the provisions of section 27-17, 27-18 or 27-61; or

(viii) Is elected to serve as a probate judge for a probate district established in section 45a-2.

(B) "Employee" shall not be construed to include:

(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;

(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;

(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;

(iv) 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;

(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]

(vi) A sole proprietor or business partner who elects to be excluded from coverage under this chapter by notice in writing to the commissioner, provided such sole proprietor or business partner has complied with the provisions of section 502 of this act; or

[(vi)] (vii) 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.

Sec. 502. (NEW) (Effective October 1, 2015) Any sole proprietor or business partner who has elected to be excluded from coverage under chapter 568 of the general statutes pursuant to subparagraph (B)(vi) of subdivision (9) of section 31-275 of the general statutes, as amended by this act, shall: (1) Provide written notice to each client currently serviced by the sole proprietor or business partner that such sole proprietor or business partner has elected to be excluded from coverage under chapter 568 of the general statutes not later than five business days after electing such exclusion; (2) provide written notice to any client not currently serviced by the business that such owner has elected to be excluded from coverage under chapter 568 of the general statutes prior to engaging in any services for such client; and (3) waive all rights and claims against any client, and against the state, that may result from any injury such sole proprietor or business partner may suffer while providing services to such client. "

This act shall take effect as follows and shall amend the following sections:

Sec. 501

October 1, 2015

31-275(9)

Sec. 502

October 1, 2015

New section