Session of 1998
House Concurrent Resolution No. 5043
By Committee on Business, Commerce and Labor
            9             A CONCURRENT RESOLUTION establishing a task force concerning
10             the status of self-employed subcontractors under the workers com-
11             pensation act; designating its membership, authority and responsibil-
12             ities; and requiring a report to the 1999 Kansas Legislature concerning
13             the task force's findings and recommendations.
15           WHEREAS, Each year thousands of workers suffer injury or death
16       due to occupational diseases or job-related accidents; and
17           WHEREAS, Workers compensation acts are designed to provide in-
18       surance coverage for such injuries and to distribute the social costs of
19       such injuries without resort to civil litigation; and
20           WHEREAS, The issue of which workers should be covered by workers
21       compensation has been the source of legislative deliberation world-wide
22       since 1884 and in this state as early as 1917; and
23           WHEREAS, One of the most litigated and contentious issues within
24       the workers compensation system is the question of whom shall be re-
25       sponsible for injuries to independent contractors and subcontractors; and
26           WHEREAS, Amendments contained in 1997 House Bill No. 2011
27       concerning self-employed subcontractors have created a renewed source
28       for this controversy and have raised issues which defy legislative resolu-
29       tion in the limited amount of time to which the Legislature may devote
30       to the problem: Now, therefore
31       Be it resolved by the House of Representatives of the State of Kansas, the
32       Senate concurring therein: That there be a workers compensation task
33       force established which will study and make recommendations to the
34       1999 Legislature concerning, but not limited to, the following:
35           (a) A clear and concise definition of the terms ``subcontractor,'' ``in-
36       dependent contractor'' and ``contracting'';
37           (b) a determination of whether special treatment of contractors and
38       subcontractors in the construction trades is warranted;
39           (c) whether corporate officers or self-employed persons generally
40       should be able to exclude themselves from the workers compensation act;
41           (d) whether self-employed persons should be able to maintain other
42       forms of insurance in lieu of workers compensation;
43           (e) any other legislative changes which may be appropriate concern-

HCR 5043


  1       ing independent contractors relative to the workers compensation act;
  2       and
  3           Be it further resolved: That the task force shall be composed of 16
  4       voting members. Five members shall be members of the House of Rep-
  5       resentatives. Three members shall be appointed by the Speaker of the
  6       House of Representatives and two of the five members appointed shall
  7       be appointed by the Minority Leader of the House of Representatives.
  8       Three members shall be members of the Senate. Two members shall be
  9       appointed by the President of the Senate and one member shall be ap-
10       pointed by the Minority Leader of the Senate. The remaining eight mem-
11       bers shall be appointed by the Legislative Coordinating Council, as fol-
12       lows:
13           (a) One member representing the Kansas AFL-CIO;
14           (b) one member representing the Kansas Chamber of Commerce and
15       Industry;
16           (c) one member representing the insurance department;
17           (d) one member representing the division of workers compensation;
18           (e) a self-employed subcontractor;
19           (f) a general contractor;
20           (g) one member representing the insurance industry; and
21           (h) one attorney, specializing in representing claimants in workers
22       compensation matters.
23       The Legislative Coordinating Council shall appoint the committee chair;
24       and
25           Be it further resolved: That all members of the task force shall receive
26       reimbursement for attending meetings of the task force as authorized by
27       the Legislative Coordinating Council consistent with the provisions of
28       K.S.A. 46-1209, and amendments thereto; and
29           Be it further resolved: That the Legislative Research Department and
30       the Office of the Revisor of Statutes provide staff support as may be
31       authorized by the Legislative Coordinating Council; and
32           Be it further resolved: That the task force prepare and submit to the
33       Governor and Legislature a report and its recommendations prior to Jan-
34       uary 11, 1999.