BILL AS INTRODUCED S.93
2021 Page 1 of 4
1 S.93
2 Introduced by Senator Sears
3 Referred to Committee on
4 Date:
5 Subject: Labor; unemployment insurance; workers’ compensation; Defender
6 General
7 Statement of purpose of bill as introduced: This bill proposes to exempt
8 services provided by individuals in relation to juvenile or criminal litigation
9 under the direction of counsel assigned to provide representation under
10 authority of the Office of Defender General from the requirements for
11 unemployment insurance and workers’ compensation coverage.
12 An act relating to exempting certain services from the requirements for
13 unemployment insurance and workers’ compensation coverage
14 It is hereby enacted by the General Assembly of the State of Vermont:
15 Sec. 1. 21 V.S.A. § 1301 is amended to read:
16 § 1301. DEFINITIONS
17 The following words and phrases, as used in this chapter, shall have the
18 following meanings unless the context clearly requires otherwise:
19 ***
VT LEG #352597 v.1
BILL AS INTRODUCED S.93
2021 Page 2 of 4
1 (6)(A)(i) “Employment,” subject to the other provisions of this
2 subdivision (6), means service within the jurisdiction of this State, performed
3 prior to January 1, 1978, which was employment as defined in this subdivision
4 prior to such date and, subject to the other provisions of this subdivision,
5 service performed after December 31, 1977, by an employee, as defined in
6 subsections 3306(i) and (o) of the Federal Unemployment Tax Act, including
7 service in interstate commerce, performed for wages or under any contract of
8 hire, written or oral, expressed or implied. Services partly within and partly
9 without outside this State may by election as hereinbefore provided in
10 subdivision (5)(E)(i) of this section be treated as if wholly within the
11 jurisdiction of this State. And whenever Whenever an employing unit shall
12 have has elected to come under the provisions of a similar act of a state where
13 a part of the services of an employee are performed, the Commissioner, upon
14 his or her approval of said the election as to any such employee, may treat the
15 services covered by said approved the election as having been performed
16 wholly without outside the jurisdiction of this State.
17 ***
18 (C) The term “employment” shall does not include:
19 ***
20 (xxii) Services performed in relation to juvenile or criminal
21 litigation by an individual acting under the direction of counsel assigned to
VT LEG #352597 v.1
BILL AS INTRODUCED S.93
2021 Page 3 of 4
1 provide representation under authority of the Office of Defender General
2 pursuant to the provisions of 13 V.S.A. chapter 163.
3 ***
4 Sec. 2. 21 V.S.A. § 601 is amended to read:
5 § 601. DEFINITIONS
6 Unless the context otherwise requires, words and phrases used in this
7 chapter shall be construed as follows:
8 ***
9 (14) “Worker” and “employee” means an individual who has entered
10 into the employment of, or works under contract of service or apprenticeship
11 with, an employer. Any reference to a worker who has died as the result of a
12 work injury shall include a reference to the worker’s dependents, and any
13 reference to a worker who is a minor or incompetent shall include a reference
14 to the minor’s committee, guardian, or next friend. The term “worker” or
15 “employee” does not include:
16 ***
17 (I) An individual who performs services in relation to juvenile or
18 criminal litigation under the direction of counsel assigned to provide
19 representation under authority of the Office of Defender General pursuant to
20 the provisions of 13 V.S.A. chapter 163.
21 ***
VT LEG #352597 v.1
BILL AS INTRODUCED S.93
2021 Page 4 of 4
1 Sec. 3. EFFECTIVE DATE
2 This act shall take effect on July 1, 2021.
VT LEG #352597 v.1
Statutes affected: As Introduced: 21-1301, 21-601