07 LC 21
9443S
The
Senate Insurance and Labor Committee offered the following substitute to SB
239:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia
Annotated, relating to general provisions regarding workers´ compensation,
so as to provide a definition for the term "farm laborers"; to provide for the
applicability of Chapter 9 of Title 34; to repeal conflicting laws: and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating
to general provisions regarding workers´ compensation, is amended by
revising subsection (a) of Code Section 34-9-2, relating to the applicability of
the chapter to employers and employees, as follows:
"(a)(1)
As used in this subsection, the term 'farm laborers' means any person in the
employ of any employing unit in connection with cultivating the soil or in
connection with raising or harvesting any agricultural or horticultural
commodity, including but not limited to the raising, shearing, feeding, caring
for, training, and management of livestock, bees, poultry, fur-bearing animals,
and wildlife as defined by paragraph (77) of Code Section 27-1-2.
(2)
This chapter shall not apply to common carriers by railroad engaged in
intrastate trade or commerce; nor shall this chapter be construed to lessen the
liability of such common carriers or take away or diminish any right that any
employee of such common carrier or, in case of
his or
her death, the personal representative of
such employee may have under the laws of this state; nor shall this chapter
apply to employees whose employment is not in the usual course of trade,
business, occupation, or profession of the employer or not incidental thereto;
nor to farm laborers or domestic servants; nor to employers of such employees;
nor to any person, firm, or private corporation, including any public service
corporation, that has regularly in service less than three employees in the same
business within this state, unless such employees and their employers
voluntarily elect to be bound; nor to any person performing services as a
licensed real estate salesperson or associate broker who has a written contract
of employment providing that he or she shall perform all services as an
independent contractor."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.