House Bill 477

Actions | Amendments
Last Action to Licensing, Occupations, & Administrative Regulations (S)
Title AN ACT relating to misclassification of employees in the construction industry.
Bill Documents Bill
Bill Request Number 1710
Sponsors S. Overly, G. Stumbo, L. Clark, J. Donohue, D. Horlander, M. Marzian, S. Riggs
Summary of Original Version Create new sections of KRS Chapter 337 to set forth legislative findings and declarations regarding 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 with 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 of assessments for failure to pay income tax 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 assessments for failure to pay income tax to three other state agencies; create a new section of KRS Chapter 342 to require the commissioner to provide copies of orders to three other state agencies.
Index Headings of Original Version 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
Administrative Regulations and Proceedings - Labor, employee misclassification
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
House Floor Amendment 8
Votes Vote History

Actions

Top | Amendments
02/23/16
  • introduced in House
02/24/16
  • to Labor & Industry (H)
02/26/16
  • posted in committee
03/03/16
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
  • floor amendments (1), (2), (3), and (7-title) filed to Bill; and (4), (5), and (6) filed to Committee Substitute
03/04/16
  • 2nd reading, to Rules
03/07/16
  • posted for passage in the Regular Orders of the Day for Tuesday, March 8, 2016
03/11/16
  • floor amendment (8) filed to Committee Substitute
  • floor amendments (4) (5) and (6) withdrawn
03/22/16
  • 3rd reading, passed 77-20 with Committee Substitute (1) and floor amendment (8)
03/23/16
  • received in Senate
03/24/16
  • to Licensing, Occupations, & Administrative Regulations (S)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Summary Retain original provisions except in Section 1 (1)(d) change "misclassify employers" to" misclassify employees." In Sections 9, 13, 14, and 15, amend reporting requirements from 30 days to 60 days to give executive agencies additional time to share information.
Index Headings 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
Administrative Regulations and Proceedings - Labor, employee misclassification

Amendment House Floor Amendment 1
Sponsor J. DeCesare
Summary Amend KRS 342.1224 to change the membership of the board of directors for the funding commission.
Index Headings 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
Administrative Regulations and Proceedings - Labor, employee misclassification

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 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
Administrative Regulations and Proceedings - Labor, employee misclassification

Amendment House Floor Amendment 3
Sponsor J. DeCesare
Summary Amend KRS 342.122 to set out the special fund assessment rate to 6.28 percent.
Index Headings 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
Administrative Regulations and Proceedings - Labor, employee misclassification

Amendment House Floor Amendment 4
Sponsor J. DeCesare
Summary Amend KRS 342.1224 to change membership of the board of directors.
Index Headings 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
Administrative Regulations and Proceedings - Labor, employee misclassification

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 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
Administrative Regulations and Proceedings - Labor, employee misclassification

Amendment House Floor Amendment 6
Sponsor J. DeCesare
Summary Amend KRS 342.122 to set the special fund assessment rate to 6.28 percent.
Index Headings 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
Administrative Regulations and Proceedings - Labor, employee misclassification

Amendment House Floor Amendment 7
Sponsor J. DeCesare
Summary Make title amendment.
Index Headings 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
Administrative Regulations and Proceedings - Labor, employee misclassification

Amendment House Floor Amendment 8
Sponsor T. Kerr
Summary Amend the criteria necessary for a person to be found to be an independent contractor and not an employee of the contractor for purposes of the Act.
Index Headings 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
Administrative Regulations and Proceedings - Labor, employee misclassification

Last updated: 1/16/2019 3:08 PM (EST)