Introduced Version






SENATE BILL No. 507

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 22-3.

Synopsis: Worker's compensation insurance. Requires an insurer, before requiring a charitable, religious, educational, or other nonprofit organization to insure a person with whom the organization contracts for youth coaching services as an employee for purposes of worker's compensation and occupational disease law, to provide a written determination to the organization as to whether the person is an employee or an independent contractor. Requires the worker's compensation board to review the insurer's determination at the organization's request.

Effective: July 1, 2005.





Clark




    January 18, 2005, read first time and referred to Committee on Pensions and Labor.







Introduced

First Regular Session 114th General Assembly (2005)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 507



    A BILL FOR AN ACT to amend the Indiana Code concerning labor and safety.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 22-3-5-5.3; (05)IN0507.1.1. -->     SECTION 1. IC 22-3-5-5.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5.3. (a) Except as provided in subsection (b), an insurer may not require a charitable, religious, educational, or other nonprofit organization to insure as an employee under IC 22-3-2 through IC 22-3-6 a person with whom the organization contracts for youth coaching services.
    (b) In order for an insurer to require a charitable, religious, educational, or other nonprofit organization to insure a person described in subsection (a) under IC 22-3-2 through IC 22-3-6, the insurer must first analyze and provide a written determination to the organization, for each person with whom the organization contracts for youth coaching services, as to whether the person is an employee or an independent contractor under state law.

     (c) A charitable, religious, educational, or other nonprofit organization that receives a determination from an insurer under subsection (b) is entitled to have the worker's compensation board

review the insurer's determination under IC 22-3-1-3(b)(14).

SOURCE: IC 22-3-7-34.7; (05)IN0507.1.2. -->     SECTION 2. IC 22-3-7-34.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 34.7. (a) Except as provided in subsection (b), an insurer may not require a charitable, religious, educational, or other nonprofit organization to insure as an employee under this chapter a person with whom the organization contracts for youth coaching services.
    (b) In order for an insurer to require a charitable, religious, educational, or other nonprofit organization to insure a person described in subsection (a) under this chapter, the insurer must first analyze and provide a written determination to the organization, for each person with whom the organization contracts for youth coaching services, as to whether the person is an employee or an independent contractor under state law.

     (c) A charitable, religious, educational, or other nonprofit organization that receives a determination from an insurer under subsection (b) is entitled to have the worker's compensation board review the insurer's determination under IC 22-3-1-3(b)(14).