Bill Text: DE HJR3 | 2013-2014 | 147th General Assembly | Engrossed


Bill Title: Establishing A Workers' Compensation Task Force.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-01-30 - Signed by Governor [HJR3 Detail]

Download: Delaware-2013-HJR3-Engrossed.html

SPONSOR:

Rep. B. Short & Sen. Bushweller

 

Reps. Bolden, Briggs King, Dukes, Jaques, Q. Johnson, Paradee, Potter, Ramone, D. Short, Walker, D.E. Williams, K. Williams, Wilson; Sens. Lavelle, Lopez, Pettyjohn, Townsend

HOUSE OF REPRESENTATIVES

147th GENERAL ASSEMBLY

HOUSE JOINT RESOLUTION NO. 3

AS AMENDED BY

SENATE AMENDMENT NO. 1


ESTABLISHING A WORKERS' COMPENSATION TASK FORCE.



WHEREAS, Delaware's average workers' compensation insurance premiums dropped by over 40% between 2006 and 2009 as a result of statutory and regulatory reforms undertaken by the State; and

WHEREAS, during that same period of time, Delaware's average workers' compensation rates moved from third worst in the nation to thirteenth best in the nation; and

WHEREAS, the State approved an increase of 11% in average workers' compensation rates in the voluntary market in 2011; and

WHEREAS, the State approved an increase of 14.6% in average workers' compensation rates in the voluntary market in 2012; and

WHEREAS, in each of those years, the approved increases were substantially less than the increases originally sought in the filings by the Delaware Compensation Rating Bureau, Inc.; and

WHEREAS, it is important to the State's economic vitality that workers' compensation insurance premiums are as low as possible; and

WHEREAS, it is prudent for a broadly representative group of public and private sector persons with expertise in workers' compensation matters to review current rates and practices to ensure that Delaware's workers' compensation premiums remain as low as possible while the system still provides injured workers with appropriate medical care;


NOW, THEREFORE:

BE IT RESOLVED, by the House of Representatives and Senate of the 147th General Assembly of the State of Delaware, with the approval of the Governor, that:

1. A Workers' Compensation Task Force (the "Task Force") shall be convened by February 1, 2013.

2. The Task Force shall consist of the following people, each of whom shall be appointed by the Governor unless specified otherwise:

(a) A representative of the Governor;

(b) The Lieutenant Governor or representative thereof;

(c) A representative of the Senate Majority Caucus, appointed by the President Pro Tempore;

(d) A representative of the Senate Minority Caucus, appointed by the Senate Minority Leader;

(e) A representative of the House of Representatives Majority Caucus, appointed by the Speaker of the House;

(f) A representative of the House of Representatives Minority Caucus, appointed by the House Minority Leader;

(g) A representative of the Delaware Department of Labor;

(h) A representative of the Delaware Department of Insurance;

(i) A representative of the Delaware State Chamber of Commerce;

(j) A representative of the Associated Builders and Contractors of Delaware;

(k) A representative of the Delaware Contractors Association;

(l) Two representatives from the Delaware Medical Society;

(m) A representative of the Delaware Healthcare Facilities Association;

(n) Two representatives from the Delaware State Bar Association, one of whom regularly represents claimants in workers' compensation matters, and the other of whom regularly represents employers in workers' compensation matters;

(o) A representative of the Delaware Compensation Rating Bureau, Inc.;

(p) Two representatives from the Delaware AFL-CIO; and

(q)A representative of the Delaware Healthcare Association.

3. The Chairperson of the Task Force shall be appointed by the Governor from among its members.

4. The Task Force shall be responsible for examining Delaware statutory and regulatory law relating to workers' compensation, the impact that the 2006 amendments to that law had upon workers' compensation premiums, the reasons for recent increases in workers' compensation premiums, and whether any additional changes to statutes, regulations, or practices are required to control growth in premiums.

5. The Task Force shall report its findings and recommendations to the Governor, Speaker of the House, and President Pro Tempore of the Senate by May 14, 2013.Any member of the Task Force who wishes to formally dissent from the findings or recommendations of the Task Force may do so as part of the Task Force's report.

6. The Delaware Department of Labor shall provide necessary staff support and contract services to the Task Force to assist the Task Force in the completion of its duties.

7. Any advisory organization authorized under 18 Del. C. §2607 is hereby required to provide promptly any information requested by the Task Force through the Task Force's Chairperson.

8. Entities represented on the Task Force shall nominate members for appointment by the Governor on or before January 31, 2013.

9. The Task Force shall cease to exist on July 1, 2013, absent further action by the General Assembly.


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