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Senate Bill 89

Actions | Amendments
Last Action to Labor & Industry (H)
Title AN ACT relating to employee misclassification.
Bill Documents Bill
Bill Request Number 41
Sponsors J. Schickel, J. Denton
Summary of Original Version Amend KRS 131.010 to define "person," "contractor," "prime contractor," and "subcontractor"; amend KRS 131.130 to require the Department of Revenue to be the determining authority on issues related to employee or contractor classification; create a new section of KRS Chapter 131 to establish criteria for determining a person to be an independent contractor; stipulate that prime contractors are not responsible for subcontractor's failure to properly classify persons; stipulate that independent contractors are not eligible for employee benefits or wages; grant the department authority to notify other government agencies when a determination of misclassification has occurred; amend KRS 131.990 to establish a penalty of $100 per determination of misclassification; amend KRS 342.640 to delete requirement that newspaper distributors shall be deemed an employee of the agency for whom he or she is selling or distributing papers.
Index Headings of Original Version Labor and Industry - Independent contractors, determination of
Occupations and Professions - Independent contractors, determination of
Personnel and Employment - Independent contractors, determination of
Small Business - Independent contractors, determination of
Unemployment Compensation - Employee misclassification, impact on
Proposed Amendments Senate Committee Substitute 1
Votes Vote History

Actions

Top | Amendments
02/05/13
  • introduced in Senate
02/07/13
  • to Economic Development, Tourism & Labor (S)
02/14/13
  • reported favorably, 1st reading, to Calendar with Committee Substitute
02/15/13
  • 2nd reading, to Rules
02/19/13
  • posted for passage in the Regular Orders of the Day for Wednesday, February 20, 2013
02/20/13
  • 3rd reading, passed 23-15 with Committee Substitute
02/21/13
  • received in House
02/25/13
  • to Labor & Industry (H)

Proposed Amendments

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Amendment Senate Committee Substitute 1
Summary Retain original provisions, except add "a per-piece basis" to Section 3 (2)(a)1., to include this type of business of selling or soliciting to the list of direct sellers.
Index Headings Labor and Industry - Independent contractors, determination of
Occupations and Professions - Independent contractors, determination of
Personnel and Employment - Independent contractors, determination of
Small Business - Independent contractors, determination of
Unemployment Compensation - Employee misclassification, impact on

Last updated: 8/27/2019 7:53 PM (EDT)