Bill Text: NH HB1349 | 2014 | Regular Session | Introduced
Bill Title: Relative to the definition of employee for purposes of workers compensation.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2014-05-14 - Non-Concur with Senate Amendment #1615s (Rep A. White); Motion Adopted Voice Vote [HB1349 Detail]
Download: New_Hampshire-2014-HB1349-Introduced.html
HB 1349 – AS INTRODUCED
2014 SESSION
06/01
HOUSE BILL 1349
AN ACT relative to the definition of independent contractor.
SPONSORS: Rep. Keith Murphy, Hills 7; Rep. Kelleigh Murphy, Hills 7; Rep. Schroadter, Rock 17
COMMITTEE: Labor, Industrial and Rehabilitative Services
This bill exempts any employer that relies in good faith on the definition of independent contractor used by any state agency from penalties under RSA 282-A:166-a or RSA 281-A:57.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14-2490
06/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to the definition of independent contractor.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Unemployment Compensation; Penalties for Failure to Make Contributions or Reports; Exemption. Amend RSA 282-A:166-a to read as follows:
282-A:166-a Penalties for Failure or Refusal to Make Contributions or Reports.
I. In the discretion of the commissioner or an authorized representative, violations of RSA 282-A:166, I(c) and (d) may subject the person to a penalty of not less than $100 or more than the amount of the contributions then or subsequently determined by the commissioner to be due. For violations of RSA 282-A:166, I(h) a penalty of not less than $100 nor more than $500 for each day of failure or refusal to file. For violations of RSA 282-A:166, I(j) a penalty of up to $25 for each such individual not reported may be imposed for each calendar day such violation continues. For violations of all other subparagraphs of RSA 282-A:166, I, a penalty of not less than $100 nor more than $500 may be imposed. All penalties imposed under this section shall be in addition to late filing fees and interest charges due under other sections of this chapter. Any proceeding or action taken against a person under this section shall be in lieu of and not in addition to any proceeding or action taken under RSA 282-A:166. Persons found subject to this section may appeal in the manner set forth in RSA 282-A:95-98.
II. No employer who, for the purposes of this chapter, relies in good faith on the definition of “independent contractor” used by any agency of the state shall be subject to penalties under paragraph I.
2 Workers’ Compensation; General Penalty. Amend RSA 281-A:57 to read as follows:
281-A:57 General Penalty.
I. Except as otherwise provided, any person who violates any provision of this chapter or any order issued by the superior court or by the commissioner under this chapter shall be guilty of a violation if a natural person or guilty of a misdemeanor if any other person.
II. No employer who, for the purposes of this chapter, relies in good faith on the definition of “independent contractor” used by any agency of the state shall be subject to penalties under paragraph I.
3 Effective Date. This act shall take effect January 1, 2015.
