March 3, 2003

Madam President:

Your JUDICIARY COMMITTEE, to whom has been referred

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

1. On page 2, line 14, strike "employment service" and insert in lieu thereof "services employer".

2. On page 2, line 19, strike "service" and insert in lieu thereof "temporary services employer".

3. On page 2, line 22, strike "and".

4. On page 2, between lines 22 and 23, insert the following new subsection to read:

"H. "temporary services employer" means an employing unit that contracts with clients or customers to supply workers to perform services for the client or customer and performs all of the following functions:

(1) negotiates with clients or customers for such matters as time, place, type of work, working conditions, quality and price of the services, but does not control or supervise workers in the performance of an assignment;

(2) determines assignments of workers, even though workers retain the right to refuse specific assignments;

(3) retains the authority to reassign or refuse to reassign a worker to other clients or customers when a worker is determined unacceptable by a specific client or customer;

(4) assigns the worker to perform services for a client or customer;

(5) sets the rate of pay for the worker, whether or not through negotiation; and

(6) pays the worker directly.".

5. Reletter the succeeding subsection accordingly.

Respectfully submitted,

__________________________________

Michael S. Sanchez, Chairman

Adopted_______________________ Not Adopted_______________________

(Chief Clerk) (Chief Clerk)

Date ________________________

The roll call vote was 8 For 0 Against

Yes: 8

No: 0

Excused: Lopez, McSorley

Absent: None

S0483JU1 .146531.2