SB 89 (BR 41) - J. Schickel, J. Denton
AN ACT relating to employee misclassification.
Amend KRS 131.010 to define "person," "contractor," "prime contractor," and "subcontractor"; amend KRS 131.130 to require the Department of Revenue to be the determining authority on issues related to employee or contractor classification; create a new section of KRS Chapter 131 to establish criteria for determining a person to be an independent contractor; stipulate that prime contractors are not responsible for subcontractor's failure to properly classify persons; stipulate that independent contractors are not eligible for employee benefits or wages; grant the department authority to notify other government agencies when a determination of misclassification has occurred; amend KRS 131.990 to establish a penalty of $100 per determination of misclassification; amend KRS 342.640 to delete requirement that newspaper distributors shall be deemed an employee of the agency for whom he or she is selling or distributing papers.
SB 89 - AMENDMENTS
SCS - Retain original provisions, except add "a per-piece basis" to Section 3 (2)(a)1., to include this type of business of selling or soliciting to the list of direct sellers.
Feb 5-introduced in Senate
Feb 7-to Economic Development, Tourism & Labor (S)
Feb 14-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 15-2nd reading, to Rules
Feb 19-posted for passage in the Regular Orders of the Day for Wednesday, February 20, 2013
Feb 20-3rd reading, passed 23-15 with Committee Substitute
Feb 21-received in House
Feb 25-to Labor & Industry (H)