HB817 (2007) Detail

Relative to the workers' compensation compliance statement.


HB 817 – AS INTRODUCED

2007 SESSION

07-0826

01/05

HOUSE BILL 817

AN ACT relative to the workers’ compensation compliance statement.

SPONSORS: Rep. Goley, Hills 8; Rep. Long, Hills 10; Rep. Buco, Carr 1

COMMITTEE: Labor, Industrial and Rehabilitative Services

ANALYSIS

This bill extends the reporting period for the workers’ compensation compliance statement and requires such statements to be maintained as a public record.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0826

01/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to the workers’ compensation compliance statement.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Workers’ Compensation Compliance Statement. Amend RSA 281-A:4-a to read as follows:

281-A:4-a Workers’ Compensation Compliance Statement.

I. Within 30 days following a written request from the commissioner, any building or construction industry contractor, subcontractor, or independent contractor engaged in the nonresidential building or construction industry shall deliver to the commissioner a workers’ compensation compliance statement. The workers’ compensation compliance statement shall state the total number of employees employed during the [4-month period] entire prior policy term where such employee had a policy or a one-year period if no policy was in effect or partially in effect preceding the request and shall state the total number of hours the contractor, subcontractor, and independent contractor compensated such employees during [that 4-month] such time period and which hours apply to the appropriate National Council on Compensation Insurance (NCCI) classification code applicable to the scope of work performed. Any contractor, subcontractor, or independent contractor who fails to comply with this section or who falsifies information on the statement may be fined up to $1,000 for each week of noncompliance beginning on the date of such failure or falsification. The commissioner shall be entitled to all costs and fees directly associated with obtaining any information not properly made available under this section. All moneys collected as a fine under this section shall be forwarded to the state treasurer and deposited into the general fund. The commissioner shall make available a form as may be needed to comply with this section.

II. Any person may request that the commissioner provide such person with a copy of a contractor’s, subcontractor’s, or independent contractor’s workers’ compensation compliance statement. The commissioner shall obtain and provide the requested compliance statement if the requesting person submits evidence beyond bid proposals to the commissioner of a contractor’s, subcontractor’s, or independent contractor’s noncompliance with RSA 281-A even if the contractor, subcontractor, or independent contractor appears to be in compliance at the time of the request. The statement shall be maintained as a public record in accordance with RSA 91-A. No contractor, subcontractor, or independent contractor, however, shall be required to deliver to the commissioner a requested workers’ compensation compliance statement more than twice in one calendar year.

2 Effective Date. This act shall take effect January 1, 2008.