NAPEO s State Government Affairs Webinar. June 7, 2016 Daniel Harris Melissa Kelly Nichole Westin

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1 NAPEO s State Government Affairs Webinar June 7, 2016 Daniel Harris Melissa Kelly Nichole Westin

2 CALIFORNIA Explore the feasibility of enacting the NAPEO Model PEO Act Contractors State Licensing Board Contractors State Licensing Board Denying PEO WC Certificates

3 GEORGIA Explore the feasibility of enacting the NAPEO Model PEO Act. HR 1341 Passed Form a PEO Study Committee with objective of forming legislation and regulations. Hiring lobbyist to work with Study Committee and move NAPEO Model PEO Act in 2017.

4 HAWAII Proactive legislative and regulatory monitoring monitoring legislation that would increase PEO renewal fees Legislature introduced SB 2544 Would establish a sliding scale based on the number of covered employees reported to the Department of Labor and Industrial Relations January 2017

5 ILLINOIS - Explore the feasibility of enacting certain provisions of the NAPEO Model PEO Act. Mid-West LCF 2015 Client Company Eligibility of Tax Credits Umbrella Provision? Legal Analysis Mid-West LCF 2016 Decision Point

6 ILLINOIS Proactive legislative and regulatory monitoring; monitoring PEO bill. HB 6225 Clarifies either PEO or client company can provide workers compensation coverage Passed House, April 15 th Passed Senate, May 30 th

7 LOUISIANA Explore and the examine the feasibility of amending the current PEO statute Louisiana State Licensing Board for Contractors Denying PEO WC certificates Mid-South Leadership Council Working Group

8 MASSACHUSETTS Pursue enactment of PEO statute based on the NAPEO Model Act. H.1775/S.1003 Based on NAPEO Model Act Joint Committee on Labor and Workforce Development Union Negotiations House Ways & Means Committee Dual Strategy

9 MISSISSIPPI Explore and examine the feasibility of enacting the NAPEO Model Act. NAPEO met with policymakers to discuss feasibility of introducing NAPEO Model Act in Lawmakers for both Chambers expressed interest in sponsoring legislation. Based on current political environment and timing, decision made to support introduce legislation in 2017.

10 MISSOURI Pursue enactment of PEO statute based on the NAPEO Model PEO Act. HB 1703/SB 877 Introduced House Standing Committee on Property, Casualty, and Life Insurance Senate Small Business, Insurance and Industry Committee Political Dynamics

11 NEVADA Implementation of Assembly Bill 389 Implementation of Assembly Bill 389 Modernizes existing PEO statute; allows Clients to access benefits of MBT Requires PEOs to report SUTA at client level Past efforts to clarify application of Modified Business Tax Ongoing since 2010 NAPEO requested a General Counsel s Opinion Legislative efforts

12 NEVADA Effective Date October 2015 Department of Employment, Training and Rehabilitation US DOL Issuing Credits

13 NEW HAMPSHIRE Continue ongoing dialogue with the Department of Revenue Administration (DRA) regarding new law that allows PEOs to give client companies the tax credits provided under the state s Business Enterprise Tax (BET); put forward clarifying legislation as agreed to in negotiations with the Administration prior to enactment. SB 344 introduced Alters application of 2015 legislation to apply to wages paid after January 1, 2016 Ensures future eligibility Status Senate Ways & Means Committee, Passed Senate March 10 th House Ways and Means Committee, Passed House April 20 th Signed by Governor, May 20 th

14 OHIO Continue ongoing dialogue with the BWC on PEO rule implementation issues arising out of the enactment of the modernization statute of If needed, pursue enactment of legislation that would clarify and make corrections to certain workers compensation provisions contained in the PEO statute enacted in NAPEO-BWC Relationship All Under Client Reporting Bureau of Workers Compensation (BWC) 2014 Rulemaking Negotiations 2015 Agreement: Letter, Guidance Document Expected Rulemaking, Fall 2016 HB 207: Transfer of Experience for Clients of Self Insuring PEOs HB 390: Paying Off FUTA Balance

15 OKLAHOMA Proactive legislative and regulatory monitoring monitoring legislation that would amend PEO statute HB 2253 recently became law PEOs opting to report at the client level are required to provide all information necessary for setting up client level accounts within 60 days. Allows client s unemployment experience history to be transferred to the account assigned to that client if PEO is reporting SUTA at the client level.

16 OREGON Proactive legislative and regulatory monitoring; paid sick leave. Paid Sick Leave Confusion between Temp Staffing and PEO Joint Employer Issue BOLI Meetings Revised Rules Consistent with FMLA Employee Count at Client Level

17 SOUTH CAROLINA Pursue legislation to clarify application of tax credits to PEO Clients SB 493 Allows PEO clients access to certain tax benefits. Passed the Senate. Expected to have a hearing before a sub-committee of the House Labor Committee next week. Failed to pass

18 TEXAS Monitor and participate in the development of rules that implement various provisions of the PEO modernization statute that was enacted in 2013, specifically provisions related to selffunded health insurance. Self-Funded Health Benefit Proposed Rules November 2014 Industry meetings

19 TEXAS Self-Funded Health Benefit Adopted Rules The rule includes solvency protections that would require: The plan sponsor to provide security for claim payments that would be controlled by TDI and that the plan sponsor carry fidelity insurance; The plan to be established within a trust structure; The trust to be covered by stop-loss insurance; The trust to provide regular financial reporting to TDI; and The trustees to carry fidelity insurance and E&O coverage. Effective May 17, 2016

20 WEST VIRGINIA Proactive legislative and regulatory monitoring monitoring PEO bill Senate Bill 465 Bill would allow PEOs to sponsor health benefit plans as a single employer plan. In addition, allows PEOs to self-insure for purposes of health through a captive. The bill was signed by the Governor and will go into effect in June 2016.

21 CONTACT US MELISSA KELLY Director State Government Affairs (703) NICHOLE WESTIN Director State Government Affairs (703)

22 CONTACT US DANIEL HARRIS Senior Director State Government Affairs (703)

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