Bill Text - HB1349 (2014)

(New Title) relative to the definition of employee for purposes of workersÂ’ compensation.


Revision: March 27, 2014, midnight

HB 1349 – AS AMENDED BY THE HOUSE

19Mar2014… 0751h

2014 SESSION

14-2490

06/01

HOUSE BILL 1349

AN ACT relative to the definition of employee for purposes of workers’ compensation.

SPONSORS: Rep. Keith Murphy, Hills 7; Rep. Kelleigh Murphy, Hills 7; Rep. Schroadter, Rock?17

COMMITTEE: Labor, Industrial and Rehabilitative Services

AMENDED ANALYSIS

This bill exempts any employer that relies in good faith on a written determination of the department of labor that an individual is not an employee from certain interest or late fees under RSA 282-A:141 and RSA 282-A:142.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19Mar2014… 0751h

14-2490

06/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fourteen

AN ACT relative to the definition of employee for purposes of workers’ compensation.

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

1 New Section; Unemployment Compensation; Late-Filing Fees; Exemption. Amend RSA 282-A by inserting after section 142 the following new section:

282-A:142-a Exemption.

I. The department of employment security shall not charge an employer interest on past due contributions under RSA 282-A:141 or late filing fees under RSA 282-A:142 to the extent that such employer demonstrates:

(a) Such interest or late filing fees are due to the employer's failure to report the services of an individual; and

(b) The employer failed to report the services of such individual due to reliance in good faith by the employer on a written determination by the New Hampshire department of labor that the individual was not an employee.

II. An election under RSA 281-A:18-a to exclude an executive officer or member of a corporation or limited liability company from workers' compensation coverage shall not constitute a determination by the New Hampshire department of labor that the individual was not an employee.

2 Effective Date. This act shall take effect January 1, 2015.