SF0136 - North American industry classification system.
|
2001 |
State of Wyoming |
01LSO-0163 |
SENATE FILE NO. SF0136
North American industry classification system.
Sponsored by: Senate Labor, Health and Social Services
Committee
A BILL
for
1 AN ACT relating to
workers' compensation; replacing the
2 standard
industrial classification with the North American
3
industry classification system for categorizing
4
extrahazardous employment; repealing the standard
5
industrial classification system as specified; specifying
6
applicability of the classification systems for purposes of
7
determining employers' premium rates for workers'
8
compensation; and providing for effective dates.
9
10 Be It Enacted by the Legislature of the State of Wyoming:
11
12 Section 1. W.S. 27-14-108(a) by creating a new
13 paragraph (ii), (o) and by creating
a new subsection (p)
14 and 27-14-201(c)(viii) are amended
to read:
15
Page 1
1 27-14-108. Extrahazardous industries,
employment's,
2 occupations; enumeration;
definitions; optional coverage.
3
4 (a) This act
applies to the following, which shall be
5
deemed extrahazardous employment:
6
7 (ii) Regardless of
individual occupation, all
8 workers employed in the following
sectors, subsectors,
9 industry groups and industries, as each
is defined in the
10 most
recent edition of the North American Industry
11 Classification
System (NAICS) manual:
12
13 (A) Agriculture, sector 11:
14
15 (I) Subsector 113, forestry and
16 logging;
17
18 (1) Industry group 1133, logging.
19
20 (B) Mining, sector 21;
21
22 (C) Utilities, sector 22;
23
24 (D) Construction, sector 23;
Page 2
1
2 (E) Manufacturing, sector 31–33;
3
4 (F) Wholesale trade, sector 42:
5
6 (I) Subsector 422, wholesale trade,
7 nondurable goods:
8
9 (1) Industry
group 4225, farm
10 product
raw materials, wholesale;
11
12 (2) Industry group 4226, chemical
13 and
allied products, wholesale;
14
15 (3) Industry group 4227,
16 petroleum
and petroleum products, wholesale;
17
18 (4) Industry group 4228, beer,
19 wine,
and distilled alcoholic beverages, wholesale;
20
21 (5) Industry group 4229,
22 miscellaneous
nondurable goods, wholesale.
23
24 (G) Retail trade, sector 44-45:
Page 3
1
2 (I) Subsector 441, motor vehicle and
3 parts dealer;
4
5 (II) Subsector 444, building materials
6 and garden equipment and supplies:
7
8 (1) Industry
group 4441, building
9 materials and supplies dealers.
10
11 (III) Subsector 445, food and beverage
12 stores;
13
14 (IV) Subsector 447, gasoline stations;
15
16 (V) Subsector 454, nonstore retailers:
17
18 (1) Industry group 4543, direct
19 selling
establishments:
20
21 a. NAICS industry 45431,
22 fuel
dealers.
23
Page 4
1 (H) Transportation and
warehousing, sector
2 48-49:
3
4 (I) Subsector 481, air transportation;
5
6 (II) Subsector 484, truck
7 transportation;
8
9 (III) Subsector 485, urban transit
10 systems;
11
12 (IV) Subsector 486, pipeline
13 transportation;
14
15 (V) Except as provided under
16 subsection
(o) of this section, subsector 487, scenic and
17 sightseeing
transportation;
18
19 (VI) Subsector 488, support activities
20 for
air transportation.
21
22 (J) Information, sector 51:
23
Page 5
1 (I) Subsector 511, publishing
2 industries;
3
4 (1) Industry
group 5111,
5 newspaper, periodical, book and
database publishers.
6
7 (K) Real estate and
rental and leasing,
8 sector 53:
9
10 (I) Subsector 531, real estate:
11
12 (1) Industry group 5311, lessors
13 of
real estate.
14
15 (II) Subsector 532, rental and leasing
16 services:
17
18 (1) Industry group 5321,
19 automotive
equipment rental and leasing.
20
21 (M) Administrative and support and waste
22 management
and remediation services, sector 56:
23
Page 6
1 (I) Subsector 561, administrative and
2 support services:
3
4 (1) Industry
group 5616,
5 investigation, guard and armored car
services;
6
7 (2) Industry
group 5617, services
8 to buildings and dwellings.
9
10 (II) Subsector 562, waste management
11 and
remediation services.
12
13 (N) Health care and social assistance,
14 sector
62;
15
16 (O) Except as provided under subsection (o)
17 of
this section, arts, entertainment and recreation, sector
18 71:
19
20 (I) Subsector 711, performing arts,
21 spectator
sports and related industries;
22
23 (II) Subsector 713, amusement,
24 gambling
and recreation industries.
1
Page 7
2 (P) Accommodation and
food services, sector
3 72:
4
5 (I) Subsector 721, accommodation;
6
7 (II) Subsector 722, food services and
8 drinking places.
9
10 (Q) Other services (except public
11 administration),
sector 81:
12
13 (I) Subsector 811, repair and
14 maintenance;
15
16 (II) Subsector 812, personal and
17 laundry
services:
18
19 (1) Industry group 8123,
20 drycleaning
and laundry services;
21
22 (2) Industry group 8129, other
23 personal
services.
24
Page 8
1 (R) Public administration, sector 92:
2
3 (I) Subsector 922, justice, public
4 order and safety activities:
5
6 (1) Industry group 9221, justice,
7 public order and safety activities:
8
9 a. NAICS
industry 92212,
10 police
protection;
11
12 b. NAICS industry 92214,
13 correctional
institutions;
14
15 c. NAICS industry 92215,
16 fire
protection.
17
18 (II) Subsector 923, administration of
19 human
resource programs:
20
21 (1) Industry group 9231,
22 administration
of human resource programs:
23
Page 9
1 a. NAICS
industry 92312,
2 administration of public health programs;
3
4 b. NAICS
industry 92313,
5 administration of human resource
programs (except
6 education, public health and veterans'
affairs programs);
7
8 c. NAICS
industry 92314,
9 administration of veterans' affairs.
10
11 (III) Subsector 924, administration of
12 environmental
quality programs.
13
14 (o) Notwithstanding
subdivision subdivisions
15 (a)(i)(G)(XVII) and
(a)(ii)(H)(V) and subparagraph
16 (a)(ii)(O)
of this section and upon request of an employer,
17 the department may exclude employment from
coverage under
18 this act if it determines the primary source
of revenue of
19 the employer's business is derived from
operations
20 classified under both
subdivision (a)(i)(G)(XVII), and
paragraph (h)(i)
subdivision (a)(ii)(H)(V) or subparagraph
22 (a)(ii)(O)
of this section. and the following industries:
23
24 (i) Agriculture, forestry and fishing division:
Page 10
1
2 (A) Major group 01,
agricultural production
3 - crops;
4
5 (B) Major group 02,
agricultural production
6 - livestock and animal specialities;
7
8 (C) Major group 07, agricultural services;
9
10 (D) Major group 08, forestry;
11
12 (E) Major group 09, fishing, hunting and
13 trapping.
14
15 (ii) Agriculture, forestry, fishing and hunting
16 -
sector 11:
17
18 (A) Subsector 111, crop production;
19
20 (B) Subsector 112, animal production;
21
22 (C) Subsector 113, forestry and logging:
23
Page 11
1 (I) Industry group 1131, timber tract
2 operations;
3
4 (II) Industry group 1132, forest
5 nurseries and gathering of forest
products.
6
7 (D) Subsector 114,
fishing, hunting and
8 trapping;
9
10 (E) Subsector 115, support activities for
11 agriculture
and forestry.
12
13 (p) For purposes of determining employer premium
14 rates:
15
16 (i) Until December 31, 2002, the division shall
17 base
employer premiums on the classifications, divisions,
18 major
groups, industry groups and industries, as each is
19 defined
in paragraph (a)(i) of this section;
20
21 (ii) On and after January 1, 2003, the division
22 shall
base employer premiums on the sectors, subsectors,
23 industry
groups and industries, as each is defined in
24 paragraph
(a)(ii) of this section.
Page 12
1
2 27-14-201. Rates and classifications; rate surcharge.
3
4 (c) Upon
compliance with the rate making provisions
5 of
the Wyoming Administrative Procedure Act and written
6
approval by the governor, the division shall determine the
7 hazards
of the different classes of employments and fix the
8
premiums therefor at the lowest rate consistent with
9
maintenance of an actuarially sound worker's compensation
10 account and the creation of actuarially
sound surplus and
11 reserves, and for such purpose shall adopt a
system of
12 rating in such a manner as to take account
of the peculiar
13 hazard of each risk, mathematically and
equally based on
14 actual costs to the program in terms of
number and extent
15 of injuries and deaths, and shall use
consultants or rating
16 organizations as it determines necessary.
The department
17 shall submit an annual report with respect
to proposed
18 annual rate adjustments under this section
to the joint
19 labor, health and social services interim
committee no
20 later than October 1 of the year preceding
the
21 implementation of the rate adjustment. The
total annual
22 rate adjustment for any employment
classification under
23 this section is subject to the following
limitations:
24
Page 13
1 (viii) In
determining rates under this section
2 for
employers specified under W.S. 27-14-108(a)(i)(F)(V) or
3 (a)(ii)(G)(I), the division shall base the rates
on one (1)
4
rate classification for sales personnel and one (1) rate
5
classification for all other personnel other than clerical.
6
7 Section 2. W.S. 27-14-108(a)(i) and (h) is repealed.
8
10
11 (a) Section 1 of this act is effective July 1, 2001.
12
13 (b) Section 2
of this act is effective December 31,
14 2002.
15
16 (END)
Page 14