Revision: Dec. 10, 2009, midnight
HB 1368 – AS INTRODUCED
2010 SESSION
01/10
HOUSE BILL 1368
AN ACT relative to the definition of “employee” for workers’ compensation purposes.
SPONSORS: Rep. Goley, Hills 8; Rep. Craig, Hills 9; Rep. R. Holden, Hills 7; Rep. Baroody, Hills 13; Sen. DeVries, Dist 18; Sen. Cilley, Dist 6
COMMITTEE: Labor, Industrial and Rehabilitative Services
This bill clarifies the evidence required to establish the relationship between the employer and the person providing services under the workers’ compensation law.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2413
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to the definition of “employee” for workers’ compensation purposes.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Workers’ Compensation; Definition of “Employee.” Amend RSA 281-A:2, VI(c) to read as follows:
(c) Prima facie evidence that the criteria prescribed in subparagraphs (b)(1)(A)-(L) have been met may be established by a written agreement signed by the employer and the person providing services, on or about the date such person was engaged, which describes the services to be performed and affirms that such services are to be performed in accordance with each of the criteria. Nothing in this subparagraph shall require such an agreement to establish that the criteria have been met. If the commissioner finds that [the employer’s use of such written agreement was intended to misrepresent] an employer has misrepresented the relationship between the employer and the person providing services, the commissioner may assess a civil penalty of up to $2,500; in addition, such employer shall be assessed a civil penalty of $100 per employee for each day of noncompliance. The fines shall be assessed from the first day of the infraction but not to exceed one year. Notwithstanding any provision of law to the contrary, any person with control or responsibility over decisions to disburse funds and salaries and who knowingly violates the provisions of this subparagraph shall be held personally liable for payments of fines. All funds collected under this subparagraph shall be continually appropriated and deposited into a nonlapsing workers’ compensation fraud fund dedicated to the investigation and compliance activities required by this section and related sections pertaining to labor and insurance law. The commissioner of labor shall appoint as many individuals as necessary to carry out the department's responsibilities under this section.
2 Effective Date. This act shall take effect January 1, 2011.