SENATE BILL NO. 99.

BY SENATORS EATON, KNAUSS, CANDLISH AND LEWIS AND MESSRS. DRAKE, SCHMIDT AND O'ROURKE.

AN ACT

TO DETERMINE AND DEFINE THE RELATIONS BETWEEN EMPLOYER AND EMPLOYEE, PROVIDING FOR SAFE AND HYGIENIC CONDITIONS AND FOR COMPENSATION FOR ACCIDENTAL INJURY TO OR DEATH OF EMPLOYEES; FOR INSURANCE OF SUCH COMPENSATION; ESTABLISHING AN INDUSTRIAL COMMISSION, PRESCRIBING ITS POWERS, AND PROVIDING FOR REVIEW OF ITS PROCEEDINGS; MAKING AN APPROPRIATION TO CARRY OUT THE PROVISIONS OF THIS ACT; PROVIDING PENALTIES FOR VIOLATION OF THIS ACT; REPEALING ALL ACTS AND PARTS OF ACTS IN CONFLICT WITH THIS ACT, AND DECLARING THIS ACT TO BE NECESSARY FOR THE IMMEDIATE PRESERVATION OF PUBLIC PEACE, HEALTH AND SAFETY.

Be it Enacted by the General Assembly of the State of Colorado: Section 1. The Industrial Commission of Colorado created by the act of the General Assembly of Colorado, which commission for the purpose of this Act shall be a body politic and corporate under the name prescribed by said Act, shall enforce and administer the provisions of this Act and wherever the word commission is used in this Act it shall be construed to mean the Industrial Commission of Colorado. The said Commission, in the administration of this Act shall be governed by its provisions if there be conflict between the same and the provisions of the Act creating said Commission.

Section 2. The term "Commission" when used in this Act shall mean The Industrial Commission of Colorado.

Section 3. Unless the context otherwise requires, a word used in this Act in the singular number shall also include the plural.

Section 4. The following terms as used in this Act shall be construed and have the following meaning, unless otherwise specifically defined in the context:

(a) The term "order" shall mean and include any decision, classification, rate, rule, regulation, direction, requirement or standard of the Commission, or any other determination arrived at or decision made by such Commission.

(b) The term "place of employment" shall mean and include every place whether indoors or out or underground, and the premises appurtenant thereto, where either temporarily or permanently any industry, trade or business is carried on, or where any process or operation, directly or indirectly relating to any industry, trade or business, is carried on, and where any person is directly or indirectly employed by another for direct or indirect gain or profit, except as otherwise expressly provided in this Act.

(c) The term "employment" shall mean and include any trade, occupation or process of manufacture, or any method of carrying on such trade, occupation, or process of manufacture in which any person may be engaged, except as otherwise expressly provided in this Act.

(d) The term "employer" shall mean and include:

I. The state, and each county, city, town, irrigation and school district therein, and all public institutions and administrative boards thereof.

II. Every person, association of persons, firm and private corporation (including any public service corporation), personal representatives, assignee, trustee and receiver, who has four (4) or more persons regularly engaged in the same business or employment, (except as otherwise expressly provided in this Act), in service under any contract of hire, express or implied, and who, at or prior to the time of the accident to the employee, for which compensation under this Act may be claimed, shall, in the manner provided in this Act, have elected to become subject to the provisions of this Act and who complies with the provisions hereof respecting insurance, and who shall not, prior to such accident. have effected a withdrawal of such election in the manner provided in this Act.

III. This Act is not intended to apply to employers of private, domestic servants or farm and ranch labor; nor to employers who employ less than four employees regularly in the same business, or in or about the same place of employment; provided, that any such employer may elect to accept the provisions of this Act, in the manner provided herein, in which event he and his employees shall be subject to and entitled to all the provisions of this Act.

IV. The provisions of this act shall not apply to common carriers engaged in interstate commerce, nor to their employees. (e) The term "employee" shall mean and include:

I. Every person in the service of the state, or of the county, city, town, irrigation or school district therein, or of any public institution or administrative board thereof, under any appointment or contract of hire, express or implied, except an elective official of the state, or of any county, city, town, irrigation or school district therein, or of any public institution or administra,tive board thereof. Policemen and firemen shall be deemed em

ployees, within the meaning of this paragraph; provided, that any policeman or fireman claiming compensation under this act shall have deducted from such compensation any sum which such policeman or fireman may receive from any pension or any benefit fund to which the municipality may contribute.

II. Every person in the service of any other person, association of persons, firm, private corporation, including any public service corporation, personal representative, assignee, trustee, or receiver under any contract of hire, express or implied, including aliens, and also including minors who are legally permitted to work under the laws of this state (who, for the purposes of this act, shall be considered the same, and shall have the same power of contracting with respect to their employment, as adult employees), but not including any person whose employment is but casual, or who is expressly excluded from this act or whose employment is not in the usual course of trade, business, profession or occupation of his employer.

(f) The following shall be conclusively presumed to be solely and wholly dependent for support upon a deceased employee :

I. The widow only if living with the deceased, or actually dependent, wholly or partially, upon him at the time of his accident.

II. The widower only if incapable of self support, and actually dependent, wholly or partially, upon deceased at the time of her accident.

III. A child or children under the age of eighteen years, (or over said age, if physically or mentally incapacitated from earning) actually dependent upon the parent with whom he is, or they are, living at the time of the death of such parent, there being no surviving and dependent parent. In case there is more than one child thus dependent, the death benefit shall be divided between such dependents in such proportion as may be determined by the commission after considering the ages of such dependents, and other facts bearing upon such dependency.

IV. In all other cases, questions of entire or partial dependency shall be determined in accordance with the facts, as the same may be at the time of the accident to the employee; and in such other cases, if there is more than one person wholly dependent, the death benefit shall be divided equally among them; and persons partially dependent, if any, shall receive no part thereof; but if there is no one wholly dependent, and there is more than one person partially dependent, the death benefit shall be divided among them, according to the relative extent of their dependency.

V. No person shall be considered a dependent unless a member of the family of the deceased employee, or one who bears to him the relation of surviving spouse, or lineal descendant, or ancestor, or brother or sister. A child, within the meaning of this act, shall include a posthumous child, and a child legally adopted prior to the injury.