SF0167 • 2017

Worker's compensation-rate discount, modification & credit.

AN ACT relating to worker's compensation; modifying the rate discount for compliance with a drug and alcohol testing program as specified; providing for an experience modification rate for out of state employers moving operations to Wyoming as specified; providing a premium credit for employers as specified; providing for rulemaking; and providing for an effective date.

Labor

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Senator Bebout
Last action: 2017-03-06
Official status: enrolled
Effective date: 7/1/2017

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0167H3001

3rd reading • MacGuire

Failed

Plain English: Failed 3rd reading by MacGuire

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

SF0167SS001

Standing Committee • SLabor

Adopted

Plain English: Adopted Standing Committee by SLabor

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

2017-03-06 Governor
Governor Signed SEA No. 0054
2017-03-06 LSO
Assigned Chapter Number
2017-02-28 House
H Speaker Signed SEA No. 0054
2017-02-27 Senate
S President Signed SEA No. 0054
2017-02-27 LSO
Assigned Number SEA No. 0054
2017-02-27 House
H 3rd Reading:Passed 48-12-0-0-0
2017-02-24 House
H 2nd Reading:Passed
2017-02-23 House
H COW:Passed
2017-02-16 House
H Placed on General File
2017-02-16 House
H10 - Labor:Recommend Do Pass 8-1-0-0-0
2017-02-07 House
H Introduced and Referred to H10 - Labor
2017-02-02 House
H Received for Introduction
2017-02-01 Senate
S 3rd Reading:Passed 30-0-0-0-0
2017-01-31 Senate
S 2nd Reading:Passed
2017-01-30 Senate
S COW:Passed
2017-01-27 Senate
S Placed on General File
2017-01-27 Senate
S10 - Labor:Recommend Amend and Do Pass 5-0-0-0-0
2017-01-26 Senate
S Introduced and Referred to S10 - Labor
2017-01-26 Senate
S Received for Introduction
2017-01-25 LSO
Bill Number Assigned

Official Summary Text

Bill Summary

Bill No.:
SF0167
Effective
:

Multiple
Dates

LSO No.:
17LSO-0562

Enrolled Act No.:
SEA No. 0054

Chapter No.:
[Chapter Number_RO]

Prime Sponsor:
Bebout

Catch Title:
Worker's compensation-rate discount, modification & credit.

Subject:
Modifying worker's compensation provisions for rate discounts and

experience modification ratings
and providing a premium credit.

Summary/Major Elements:

This bill amends the statute
providing
discounts to
the
worker's compensation rates paid by employers. It increases the discount
an employer receive
s
for participating in an approved drug and alcohol testing program from five pe
rcent (5%) to ten percent (10%),
and increases the total of all discounts an employer can receive from twenty-five percent (25%) to thirty percent (30%).
The bill provides for an out-of-
state employer beginning new operations in Wyoming to receive an experience modification rating
based on the employer's out of state operations.
This rating
affects how much the employer's worker's compensation rate will be based on its claim history.

The bill allows the Department of Workforce Services to require
out-of-
state employers to submit
any
necessary information for the purpose of determining the employer's experience modification rating.
The Department is authorized to promulgate rules for this purpose.
The bill requires the Department of Workforce Services to establish a worker's compensation premium credit for employers who made all required
worker's
compensation payments for calendar year 2016.
This credit will be in an amount determined by the Department and can be used by employers
towards their premium obligations between July 1 and December 31, 2017.

The Department will implement the premium credit through
its rulemaking authority under W.S. 27-14-201(q)
.

Comments:

This bill has a split effective date. The section amending the rate discount and experience modification rating
statutes
is effective July 1, 2017. The section providing the premium credit is effective immediately.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill
.

Current Bill Text

Read the full stored bill text

ORIGINAL
Senate
File No
.
SF0167

ENROLLED ACT NO. 54,

SENATE

SIXTY-FOURTH
LEGISLATURE OF THE STATE OF WYOMING
2017 General Session

Be It Enacted by the Legislature of the State of Wyoming:

Section
1
.

W.S. 27
‑
14
‑
201(
o)
(intro)
and 27
‑
14
‑
207 by creating a new subsection (h) and by amending and renumbering (h) as (j)

are
amended to read:

27
‑
14
‑
201
.

Rates and classifications; rate surcharge.

(o)

The division shall in accordance with its rules and regulations, grant a discount to rates established under this section in an amount not to exceed ten percent (10%) of the base rate for the employment classification of any employer if the employer complies with a safety program approved by the division and a discount in an amount not to exceed
five percent (5%)
ten percent (10%)
of the base rate for the employment classification if the employer complies with a drug and alcohol testing program approved by the division and a discount in an amount not to exceed ten percent (10%) of the base rate for the employment classification if the employer complies with a health and safety consultation program developed by the department of workforce services in consultation with the occupational health and safety commission. In no instance shall the sum total of discounts under this subsection exceed
twenty
‑
five percent (25%)
thirty percent (30%)
of the base rate for the employment classification for the employer. The discount for the health and safety consultation program shall only
remain in effect for three (3) years after the employer is certified to be in compliance with the health and safety consultation program recommendations. In determining safety program approval, drug and alcohol program approval, health and safety consultation program approval and the total discount granted under this subsection, the division shall consider:

27
‑
14
‑
207
.

Employer registration required; person acquiring trade of another employer; transfer of experience and assignment of rates; out of state employers.

(h)

Where an employer has not had prior operations in Wyoming and has not had prior worker
'
s compensation insurance coverage in Wyoming, and moves
or expands
operations from another state into Wyoming, and begins operations that are the same or similar to operations outside of Wyoming, the division shall assign the employer experience modification rate as calculated per the current experience modification rating formula in place at the time. The division shall assign such experience modification to the partial year ending June 30 after the start of coverage in Wyoming and to the first full policy year subsequent to the start of coverage in Wyoming.

(h)
(j)

The division by rule and regulation shall establish procedures to identify the transfer or acquisition of a business
, or the movement of an out of state operation to Wyoming,
for purposes of this section and W.S. 27
‑
14
‑
806.
The division may require by regulation an out of state employer to submit any information necessary for the purpose of determining an experience modification rate under subsection (h) of this section.

Section 2
.

Pursuant to W.S. 27
‑
14
‑
201(
q) the department shall establish a
premium credit for any employer who has made all required
worker's compensation
payments for the period beginning J
anuary
1, 2016 and ending
December 31
, 201
6
.
To qualify for the credit, an employer shall be in good standing with the division for all required worker's compensation payments by June 15, 2017.

Premium credits granted under this paragraph shall become effective on August 1, 2017 and may be used for premium reporting periods from
July
1, 2017 through December 31, 2017. Any unused credit will expire January 31, 2018.

Section
3
.

(a)

Section 1 of this act is effective July 1, 2017.

(b)

Section 2 of this act is
effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
Senate
.

Chief Clerk