View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0227.......................................by COMMERCE AND HUMAN RESOURCES PROFESSIONAL EMPLOYERS - SELF-FUNDED HEALTH PLANS - Amends existing law to clarify that a professional employer may establish a self-funded employer plan which is subject to ERISA and other applicable federal law, and which shall not be subject to Chapter 40, Title 41, Idaho Code; and to provide that the sale of professional employer arrangements, including the sponsorship and maintenance of benefit or welfare plans in conformance with law, shall not constitute the sale of insurance nor subject the professional employer to regulation as an insurer under Idaho law. 02/14 House intro - 1st rdg - to printing 02/15 Rpt prt - to Bus 02/22 Rpt out - to Com/HuRes 02/28 Rpt out - rec d/p - to 2nd rdg 03/01 2nd rdg - to 3rd rdg 03/02 3rd rdg - FAILED - 30-37-3 AYES -- Barrett, Bedke, Bolz, Bradford, Bruneel, Callister, Denney, Ellis, Ellsworth, Field(20), Hadley, Harwood, Hornbeck, Kendell, Lake, Marley, McKague, Moss, Moyle, Pearce, Ridinger, Roberts, Sali, Schaefer, Sellman, Smith, Stevenson, Trail, Wheeler, Wood NAYS -- Barraclough, Bell, Bieter, Black, Boe, Campbell, Chase, Clark, Collins, Crow, Cuddy, Deal, Eskridge, Field(13), Gagner, Gould, Hammond, Henbest, Higgins, Jones, Kellogg, Kunz, Langford, Loertscher, Mader, Meyer, Montgomery, Pischner, Pomeroy, Raybould, Robison, Shepherd, Smylie, Stone, Tilman, Young, Mr. Speaker Absent and excused -- Jaquet, Mortensen, Swan Floor Sponsors -- Ridinger & Schaefer Filed w/ Office of the Chief Clerk
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 227 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO PROFESSIONAL EMPLOYERS; AMENDING SECTION 44-2405, IDAHO CODE, TO 3 CLARIFY THAT A PROFESSIONAL EMPLOYER MAY ESTABLISH A SELF-FUNDED EMPLOYER 4 PLAN WHICH IS SUBJECT TO ERISA AND OTHER APPLICABLE FEDERAL LAW AND WHICH 5 SHALL NOT BE SUBJECT TO CHAPTER 40, TITLE 41, IDAHO CODE, AND TO PROVIDE 6 THAT THE SALE OF PROFESSIONAL EMPLOYER ARRANGEMENTS, INCLUDING THE SPON- 7 SORSHIP AND MAINTENANCE OF BENEFIT OR WELFARE PLANS IN CONFORMANCE WITH 8 LAW SHALL NOT CONSTITUTE THE SALE OF INSURANCE NOR SUBJECT THE PROFES- 9 SIONAL EMPLOYER TO REGULATION AS AN INSURER UNDER IDAHO LAW; AND DECLARING 10 AN EMERGENCY. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 44-2405, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 44-2405. MINIMUM STANDARDS. (1) Each professional employer shall, as a 15 condition to being recognized by this chapter, agree to the following stan- 16 dards: 17 (a) Have a written contract between the client and the professional 18 employer setting forth the responsibilities and duties of each party. The 19 contract shall disclose to the client the services to be rendered, the 20 respective rights and obligations of the parties, and provide that the 21 professional employer: 22 (i) Reserves a right of direction and control over workers assigned 23 to the client's location. However, the client may retain such suffi- 24 cient direction and control over the assigned workers as is necessary 25 to conduct the client's business and without which the client would 26 be unable to conduct its business, discharge any fiduciary responsi- 27 bility which it may have, or comply with any applicable licensure, 28 regulatory or statutory requirement of the client; 29 (ii) Assume responsibility for the withholding and remittance of 30 payroll-related taxes and employee benefits from its own accounts, as 31 long as the contract between the client and professional employer 32 remains in force; 33 (iii) Retain authority to hire, terminate, discipline, and reassign 34 assigned workers. However, the client, if it accepts the responsibil- 35 ity for its action, may have the right to accept or cancel the 36 arrangement of any assigned worker. 37 (b) Give written notice of the general nature of the relationship between 38 the professional employer and the client to the workers assigned to the 39 client and the public at large. Such notice may be posted in a visible and 40 conspicuous manner at the client's work site. 41 (2) It is anticipated that under this chapter professional employers 42 will, from time to time, receive from client companies, moneys which represent 43 assigned workers' wages, withholdings, taxes, and benefit plan payments. Each 2 1 professional employer shall keep in force, in the state of Idaho, a separate 2 bank account or accounts for the purpose of keeping such money separate from 3 the professional employer's operating funds. Assigned workers' wages, with- 4 holdings, taxes, and benefit plan payments shall be promptly paid from such 5 trust accounts. 6 (3) A professional employer shall be considered an employer for purposes 7 of withholding state income tax pursuant to section 63-3035, Idaho Code, to 8 the same extent as the professional employer is an employer for withholding 9 federal income taxes pursuant to the Internal Revenue Code. As long as the 10 professional employer's contract with the client remains in force, the profes- 11 sional employer shall have a right to and shall perform the following respon- 12 sibilities: 13 (a) Pay wages and collect, report and pay employment taxes from its trust 14 accounts; 15 (b) Pay unemployment taxes as required in Idaho state unemployment laws, 16 chapter 13, title 72, Idaho Code; 17 (c) Work with the client in securing and providing worker's compensation 18 coverage for all of its assigned workers. 19 (4) A recognized professional employer shall be deemed the employer for 20 the purposes of sponsoring and maintaining benefit and welfare plans for its 21 assigned workers. As the employer, the professional employer may establish a 22 self-funded single employer plan which is subject to the employee retirement 23 income security act of 1974 (ERISA) and other applicable federal law, and 24 which shall not be subject to chapter 40, title 41, Idaho Code. 25 (5) Subject to any contrary provisions of the contract between the client 26 and the professional employer, the professional employer arrangement that 27 exists between a professional employer and its clients shall be interpreted 28 for the purposes of sales tax on services, insurance and bonding as follows: 29 (a) A professional employer shall not be liable for the acts, errors or 30 omissions of a client or of any assigned worker acting under the direction 31 and control of a client. A client shall not be liable for the acts, errors 32 or omissions of a professional employer or of any assigned worker of a 33 professional employer acting under the direction and control of the pro- 34 fessional employer. Nothing herein shall limit any contractual liability 35 between the professional employer and the client, nor shall this subsec- 36 tion in any way limit the liabilities of any professional employer or cli- 37 ent as defined elsewhere in this chapter; 38 (b) Workers assigned or contracted to a client by a professional employer 39 are not deemed employees of the professional employer for purposes of gen- 40 eral liability insurance, automobile insurance, fidelity bonds, surety 41 bonds, employer's liability which is not covered by worker's compensation, 42 or liquor liability insurance carried by the professional employer unless 43 the employees are included by specific reference in the applicable employ- 44 ment arrangement contract, insurance contract or bond; 45 (c) If Idaho enacts a tax on services similar to the sales tax, the 46 administration fee will be the amount which is taxed. 47 (6) The sale of professional employer arrangements, including the spon- 48 sorship and maintenance of benefit or welfare plans, in conformance with the 49 provisions of this chapter shall not constitute the sale of insurance, nor 50 subject the professional employer to regulation as an insurer, within the 51 meaning of applicable Idaho law. 52 SECTION 2. An emergency existing therefor, which emergency is hereby 53 declared to exist, this act shall be in full force and effect on and after its 54 passage and approval.
STATEMENT OF PURPOSE RS 11090 The purpose of this legislation is to clarify that a professional employer may establish a self-funded single employer plan thereby permitting its small business clients the ability to provide health benefits to their employees on a par with big business. FISCAL IMPACT There will be no impact on the General Fund. Contact Name: Dave Kerrick Phone: 459-4574 STATEMENT OF PURPOSE/FISCAL NOTE H 22