Legislature(1993 - 1994)
03/24/1994 08:00 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 302 - WORKERS COMP FOR RECREATIONAL ACTIVITIES CHAIRMAN VEZEY opened HB 302 for discussion. Number 145 REPRESENTATIVE MIKE NAVARRE, prime sponsor, addressed HB 302. He stated a recent court decision ruled if an employer sponsored a team, and if employees play on the team, then by virtue of having paid the team fees to the league which runs the fields, the company is thereby providing the field. He noted HB 302 merely changes the definition section to make clear that this sort of interpretation does not happen. If the definition was left unchanged, an employee playing softball in a league who gets hurt after work is eligible for workers' compensation from the employer/team sponsor. He stated HB 302 changes the definition, whereby "only if the field is at a remote job site or on the employment premises, does workers' compensation apply." REPRESENTATIVE NAVARRE stated the Senate added a new section to the companion bill which states "persons employed as sports officials are not eligible." This amendment relieves the leagues from having to acquire workers' compensation for those they hire on a temporary daily basis. Number 179 CHAIRMAN VEZEY commented he thought REPRESENTATIVE NAVARRE was referring to SB 336. REPRESENTATIVE NAVARRE clarified he was referring to SB 356, introduced by the Labor & Commerce Committee at his request. He stated he had hoped to speed the process by going to the Senate. He noted HB 302 actually passed as part of a comprehensive workers' compensation bill a few years ago, which the Governor in turn vetoed because of other sections. Number 190 REPRESENTATIVE KOTT questioned the intent by leaving in the employment premises in HB 302. He gave the example of school districts with recreational fields, who may sponsor their own team and challenge other districts, thereby playing on their own field. He also mentioned fire station challenges. Would the employees be eligible for workers' compensation because the activities were sponsored on the employer's premises. REPRESENTATIVE NAVARRE stated those instances would probably be subject to a court case if the employee did decide to apply for workers' compensation. He felt the employees might be covered. Number 208 CHAIRMAN VEZEY stated under existing statute there would be no question that the employees would be covered. Number 215 REPRESENTATIVE BETTYE DAVIS asked if REPRESENTATIVE NAVARRE planned on amending HB 302 or did he not want to. REPRESENTATIVE NAVARRE replied he believed HB 302 made sense; however, changes to the bill would be at the discretion of the committee. Number 229 REPRESENTATIVE G. DAVIS commented he did not have a problem with HB 302 and he noted the next committee was House Finance. He asked where REPRESENTATIVE NAVARRE preferred to accommodate changes to HB 302. Number 234 REPRESENTATIVE NAVARRE answered if the committee would consider adopting the Senate Labor & Commerce committee substitute for SB 356, he would encourage House Finance to waive HB 302. Number 238 CHAIRMAN VEZEY mentioned CSSB 356(L&C) did carry a zero fiscal note. CSSB 356(L&C) was distributed to the committee members. Section 2 of CSSB 356, reads verbatim to Section 1 of HB 302. He noted the CSSB 356 had a new Section 1 addressing the new subsection (4), which clarifies paid sports officials are not covered by workers' compensation. He believed this was the only change in Titles 23.30.230. REPRESENTATIVE NAVARRE affirmed CHAIRMAN VEZEY. Number 262 CHAIRMAN VEZEY stated he believed a committee substitute for a senate bill could not be adopted in House State Affairs. Number 266 REPRESENTATIVE HARLEY OLBERG inquired if the text of CSSB 356(L&C) could be adopted as the committee substitute for HB 302. CHAIRMAN VEZEY replied they could. Number 272 REPRESENTATIVE OLBERG moved to adopt the title and text of CSSB 356(L&C) as the committee substitute for HB 302. CSHB 302: "An Act excluding recreational activities sponsored by an employer from coverage provided under workers' compensation, unless participation is required as a condition of employment; and providing for an effective date." Number 275 CHAIRMAN VEZEY asked the committee secretary to call the roll. IN FAVOR: REPRESENTATIVES VEZEY, KOTT, B. DAVIS, G. DAVIS, SANDERS, OLBERG. ABSENT: REPRESENTATIVE ULMER. MOTION PASSED Number 293 REPRESENTATIVE OLBERG moved to pass CSHB 302 from committee with individual recommendations and accompanying zero fiscal note. Number 297 CHAIRMAN VEZEY asked the committee secretary to call the roll. IN FAVOR: REPRESENTATIVE VEZEY, KOTT, B. DAVIS, G. DAVIS, SANDERS, OLBERG. ABSENT: REPRESENTATIVE ULMER. MOTION PASSED.
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