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House Bill 256

Actions | Amendments

Last Action	to Rules (H)
Title	AN ACT relating to misclassification of employees in the construction industry.
Bill Documents	Bill
Bill Request Number	819
Sponsors	S. Overly, G. Stumbo, R. Adkins, J. Bell, D. Butler, L. Clark, H. Collins, L. Combs, J. Donohue, C. Harris, C. Howard, J. Jenkins, M. Marzian, R. Meyer, J. Richards, D. Schamore, S. Westrom, B. Yonts
Summary of Original Version	Create new sections of KRS Chapter 337 to set forth legislative findings and declarations behind employee misclassification problems; provide definitions; set forth determination of misclassified workers; set forth investigation process and violations; establish court remedies; require notice by an employer; grant commissioner authority to promulgate administrative regulations; require agencies to share the information of a misclassifying employer to other interested state agencies; amend KRS 337.990 to establish penalties for violations; amend KRS 45A.485 to prohibit contractors with multiple violations from contracting with the state for two years; amend KRS 131.190 to require the Department of Revenue to provide copies to three other state agencies; create a new section of KRS Chapter 341 to require the Office of Employment and Training to provide copies of orders to three other state agencies; create a new section of KRS Chapter 342 to require the commissioner to provide copies to three other state agencies.
Index Headings of Original Version	Administrative Regulations and Proceedings - Labor, employee misclassification Labor and Industry - Misclassification of employees, construction industry Occupations and Professions - Construction industry, misclassification of employees Personnel and Employment - Construction industry, misclassification of employees State Agencies - Revenue Department, Labor Cabinet, Unemployment Insurance and Workers' Claims, information sharing Unemployment Compensation - Information sharing with other state agencies Workers' Compensation - Information sharing with other state agencies
Proposed Amendments	House Committee Substitute 1 House Floor Amendment 1 House Floor Amendment 2 House Floor Amendment 3 House Floor Amendment 4 House Floor Amendment 5 House Floor Amendment 6 House Floor Amendment 7

Actions

Top | Amendments

02/03/15	introduced in House
02/05/15	to Labor & Industry (H)
02/09/15	posted in committee
02/23/15	taken from Labor & Industry (H) 1st reading returned to Labor & Industry (H)
02/24/15	taken from Labor & Industry (H) 2nd reading returned to Labor & Industry (H)
02/26/15	reported favorably, to Rules with Committee Substitute posted for passage in the Regular Orders of the Day for Friday, February 27, 2015 floor amendments (4) (5) and (6) filed to Committee Substitute, floor amendments (1) (2) (3) and (7-title) filed
03/23/15	taken from the Regular Orders of the Day to Rules (H)

Proposed Amendments

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Amendment	House Committee Substitute 1
Summary	Retain original provisions except to clarify section 10; extend the exchange of information from 30 days to 60 days; clarify exchange of information to comply with federal law.
Index Headings	Administrative Regulations and Proceedings - Labor, employee misclassification Labor and Industry - Misclassification of employees, construction industry Occupations and Professions - Construction industry, misclassification of employees Personnel and Employment - Construction industry, misclassification of employees State Agencies - Revenue Department, Labor Cabinet, Unemployment Insurance and Workers' Claims, information sharing Unemployment Compensation - Information sharing with other state agencies Workers' Compensation - Information sharing with other state agencies

Amendment	House Floor Amendment 1
Sponsor	J. DeCesare
Summary	Amend KRS 342.122 to set out the special fund assessment rate to 6.28 percent.
Index Headings	Administrative Regulations and Proceedings - Labor, employee misclassification Labor and Industry - Misclassification of employees, construction industry Occupations and Professions - Construction industry, misclassification of employees Personnel and Employment - Construction industry, misclassification of employees State Agencies - Revenue Department, Labor Cabinet, Unemployment Insurance and Workers' Claims, information sharing Unemployment Compensation - Information sharing with other state agencies Workers' Compensation - Information sharing with other state agencies

Amendment	House Floor Amendment 2
Sponsor	J. DeCesare
Summary	Amend KRS 342.122 to reiterate that the special fund will end on December 31, 2029, and once the fund balance can amortize the remaining claims balance and operations of the funding commission only to finalize claims, then the assessment will expire.
Index Headings	Administrative Regulations and Proceedings - Labor, employee misclassification Labor and Industry - Misclassification of employees, construction industry Occupations and Professions - Construction industry, misclassification of employees Personnel and Employment - Construction industry, misclassification of employees State Agencies - Revenue Department, Labor Cabinet, Unemployment Insurance and Workers' Claims, information sharing Unemployment Compensation - Information sharing with other state agencies Workers' Compensation - Information sharing with other state agencies

Amendment	House Floor Amendment 3
Sponsor	J. DeCesare
Summary	Amend KRS 342.1224 to change the membership of the board of directors for the funding commission.
Index Headings	Administrative Regulations and Proceedings - Labor, employee misclassification Labor and Industry - Misclassification of employees, construction industry Occupations and Professions - Construction industry, misclassification of employees Personnel and Employment - Construction industry, misclassification of employees State Agencies - Revenue Department, Labor Cabinet, Unemployment Insurance and Workers' Claims, information sharing Unemployment Compensation - Information sharing with other state agencies Workers' Compensation - Information sharing with other state agencies

Amendment	House Floor Amendment 4
Sponsor	J. DeCesare
Summary	Amend KRS 342.122 to set the special fund assessment rate to 6.28 percent.
Index Headings	Administrative Regulations and Proceedings - Labor, employee misclassification Labor and Industry - Misclassification of employees, construction industry Occupations and Professions - Construction industry, misclassification of employees Personnel and Employment - Construction industry, misclassification of employees State Agencies - Revenue Department, Labor Cabinet, Unemployment Insurance and Workers' Claims, information sharing Unemployment Compensation - Information sharing with other state agencies Workers' Compensation - Information sharing with other state agencies

Amendment	House Floor Amendment 5
Sponsor	J. DeCesare
Summary	Amend KRS 342.122 to reiterate that the special fund will end on December 31, 2029, and once the balance can amortize the remainder of the fund and operations of the funding commission only to finalize claims, then the assessment will expire.
Index Headings	Administrative Regulations and Proceedings - Labor, employee misclassification Labor and Industry - Misclassification of employees, construction industry Occupations and Professions - Construction industry, misclassification of employees Personnel and Employment - Construction industry, misclassification of employees State Agencies - Revenue Department, Labor Cabinet, Unemployment Insurance and Workers' Claims, information sharing Unemployment Compensation - Information sharing with other state agencies Workers' Compensation - Information sharing with other state agencies

Amendment	House Floor Amendment 6
Sponsor	J. DeCesare
Summary	Amend KRS 342.1224 to change membership of the board of directors.
Index Headings	Administrative Regulations and Proceedings - Labor, employee misclassification Labor and Industry - Misclassification of employees, construction industry Occupations and Professions - Construction industry, misclassification of employees Personnel and Employment - Construction industry, misclassification of employees State Agencies - Revenue Department, Labor Cabinet, Unemployment Insurance and Workers' Claims, information sharing Unemployment Compensation - Information sharing with other state agencies Workers' Compensation - Information sharing with other state agencies

Amendment	House Floor Amendment 7
Sponsor	J. DeCesare
Summary	Make title amendment.
Index Headings	Administrative Regulations and Proceedings - Labor, employee misclassification Labor and Industry - Misclassification of employees, construction industry Occupations and Professions - Construction industry, misclassification of employees Personnel and Employment - Construction industry, misclassification of employees State Agencies - Revenue Department, Labor Cabinet, Unemployment Insurance and Workers' Claims, information sharing Unemployment Compensation - Information sharing with other state agencies Workers' Compensation - Information sharing with other state agencies

Last updated: 1/16/2019 3:10 PM (EST)