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H.J.R. 10

             1     

JOINT RESOLUTION OPPOSING THE ESTABLISHMENT

             2     
OF A FEDERAL COMMISSION ON

             3     
STATE WORKERS' COMPENSATION LAWS

             4     
2010 GENERAL SESSION

             5     
STATE OF UTAH

             6     
Chief Sponsor: Michael T. Morley

             7     
Senate Sponsor: Margaret Dayton

             8     
             9      LONG TITLE
             10      General Description:
             11          This joint resolution of the Legislature supports the state-based workers' compensation
             12      system and opposes federal efforts that would undermine the system.
             13      Highlighted Provisions:
             14          This resolution:
             15          .    expresses strong support for the current state-based workers' compensation system
             16      and opposes proposed federal legislation that would lead to broadening the federal
             17      role in that system; and
             18          .    opposes H.R. 635 of the 111th United States Congress, which would establish a
             19      National Commission on State Workers' Compensation Laws, because the
             20      Commission's evaluation could lead to recommendations that would erode the
             21      independence of the state-based workers' compensation benefit delivery system,
             22      would seek to impose federal benefit delivery system rules, which Congress would
             23      be expected to approve, that inherently interfere with state benefit systems, would
             24      increase system costs nationwide, and would frustrate efforts of the states to contain
             25      costs.
             26      Special Clauses:
             27          None


             28     
             29      Be it resolved by the Legislature of the state of Utah:
             30          WHEREAS, state workers' compensation laws should provide an injured worker with
             31      all reasonable and necessary medical treatment that promotes expeditious healing, a return to
             32      work, a fair level of income benefits during disability, and protection against lost wages;
             33          WHEREAS, state workers' compensation laws should assure that employees receive
             34      just compensation at a cost affordable to employers;
             35          WHEREAS, the state-based workers' compensation system has proven over the
             36      near-century of its existence to be an effective means of protecting injured workers against the
             37      costs of industrial injury, while protecting employers against the unlimited and unpredictable
             38      costs of workplace liability;
             39          WHEREAS, a state-based benefit delivery system reflects the nature and cost of
             40      employment in individual states and is an exemplar of the federal system, in which power is
             41      dispersed among the states, facilitating timely response and the ability to tailor remedies to
             42      state-specific conditions;
             43          WHEREAS, the imposition of federal oversight and development of federal mandates
             44      on the state workers' compensation system should be opposed, including any proposed
             45      legislation that would unnecessarily increase the federal bureaucracy and create federal
             46      regulation in an area where states are currently providing adequate oversight;
             47          WHEREAS, federal requirements on the state-based system would create unnecessary
             48      imbalances and unintended consequences for a system that has been operating effectively for
             49      decades;
             50          WHEREAS, a state workers' compensation system, its administration, legal precedents,
             51      funding, and fiscal accountability, which is intricately linked to each state's economy, is a much
             52      more effective approach in dealing with workers' compensation issues;
             53          WHEREAS, the state-based system provides the ability to experiment creatively and
             54      borrow from experiences in other states without the burden of a rigid, nationwide,
             55      one-size-fits-all federal program that is slow to change and administratively cumbersome;
             56          WHEREAS, the rights of states and their respective legislatures and stakeholders to
             57      review the performance of state-based workers' compensation systems should be preserved;
             58      and


             59          WHEREAS, it is not the province of Congress to interfere with the state administration
             60      of workers' compensation:
             61          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah
             62      expresses strong support for the current state-based workers' compensation system and opposes
             63      any proposed federal legislation that would lead to broadening the federal role in that system.
             64          BE IT FURTHER RESOLVED that the Legislature of the state of Utah opposes H.R.
             65      635, introduced in the 111th United States Congress, that would establish a National
             66      Commission on State Workers' Compensation Laws, because the Commission's evaluation is
             67      intended, and will assuredly lead, to recommendations that would erode the independence of
             68      the state-based workers' compensation benefit delivery system, would seek to impose federal
             69      benefit delivery system rules, which Congress would be expected to approve, that inherently
             70      interfere with state benefit systems, would increase system costs nationwide, and would
             71      frustrate efforts of the states to contain costs.
             72          BE IT FURTHER RESOLVED that a copy of this resolution be sent to the President of
             73      the United States, the Majority Leader of the United States Senate, the Speaker of the United
             74      States House of Representatives, and to the members of Utah's congressional delegation.




Legislative Review Note
    as of 12-23-09 12:05 PM


Office of Legislative Research and General Counsel


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