March 20, 2009
ENGROSSED
SENATE BILL No. 478
_____
DIGEST OF SB 478
(Updated March 17, 2009 9:10 am - DI 96)
Citations Affected: IC 6-8.1; IC 22-1; IC 22-3; IC 22-4.1.
Synopsis: Improper classification of workers. Provides for the sharing
of information concerning the classification of individuals as
independent contractors in the construction industry among the
department of labor, the department of state revenue, the department
of workforce development, and the worker's compensation board of
Indiana. Provides that certain information pertaining to employee
classification shared among the state agencies is confidential and may
not be published or open to public inspection. Provides that an officer
or employee of a state agency who knowingly or intentionally discloses
confidential information concerning any suspected improper
classification of an individual commits a Class A misdemeanor.
Effective: July 1, 2009.
Kruse
, Mishler, Tallian, Mrvan,
Charbonneau, Dillon
(HOUSE SPONSORS _ NIEZGODSKI, LEONARD, BELL, SOLIDAY)
January 14, 2009, read first time and referred to Committee on Pensions and Labor.
February 5, 2009, amended, reported favorably _ Do Pass.
February 9, 2009, read second time, ordered engrossed.
February 10, 2009, engrossed. Read third time, passed. Yeas 50, nays 0.
HOUSE ACTION
February 25, 2009, read first time and referred to Committee on Labor and Employment.
March 19, 2009, reported _ Do Pass.
March 20, 2009
First Regular Session 116th General Assembly (2009)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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ENGROSSED
SENATE BILL No. 478
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 6-8.1-3-21; (09)ES0478.1.1. -->
SECTION 1. IC 6-8.1-3-21 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]: Sec. 21. (a) This section applies after December 31, 2009.
(b) As used in this section, "contractor" means:
(1) a sole proprietor;
(2) a partnership;
(3) a firm;
(4) a corporation;
(5) a limited liability company;
(6) an association; or
(7) another legal entity;
that engages in construction and is authorized by law to do
business in Indiana. The term includes a general contractor, a
subcontractor, and a lower tiered contractor. The term does not
include the state, the federal government, or a political subdivision.
(c) The department shall cooperate with the:
(1) department of labor created by IC 22-1-1-1;
(2) worker's compensation board of Indiana created by
IC 22-3-1-1(a); and
(3) department of workforce development established by
IC 22-4.1-2-1;
by sharing information concerning any suspected improper
classification by a contractor of an individual as an independent
contractor (as defined in IC 22-3-6-1(b)(7) or IC 22-3-7-9(b)(5)).
(d) For purposes of IC 5-14-3-4, information shared under this
section is confidential, may not be published, and is not open to
public inspection.
(e) An officer or employee of the department who knowingly or
intentionally discloses information that is confidential under this
section commits a Class A misdemeanor.
SOURCE: IC 22-1-1-22; (09)ES0478.1.2. -->
SECTION 2. IC 22-1-1-22 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]:
Sec. 22. (a) This section applies after December 31, 2009.
(b) As used in this section, "contractor" means:
(1) a sole proprietor;
(2) a partnership;
(3) a firm;
(4) a corporation;
(5) a limited liability company;
(6) an association; or
(7) another legal entity;
that engages in construction and is authorized by law to do
business in Indiana. The term includes a general contractor, a
subcontractor, and a lower tiered contractor. The term does not
include the state, the federal government, or a political subdivision.
(c) The department of labor shall cooperate with the:
(1) department of workforce development established by
IC 22-4.1-2-1;
(2) department of state revenue established by IC 6-8.1-2-1;
and
(3) worker's compensation board of Indiana created by
IC 22-3-1-1(a);
by sharing information concerning any suspected improper
classification by a contractor of an individual as an independent
contractor (as defined in IC 22-3-6-1(b)(7) or IC 22-3-7-9(b)(5)).
(d) For purposes of IC 5-14-3-4, information shared under this
section is confidential, may not be published, and is not open to
public inspection.
(e) An officer or employee of the department of labor who
knowingly or intentionally discloses information that is
confidential under this section commits a Class A misdemeanor.
SOURCE: IC 22-3-1-5; (09)ES0478.1.3. -->
SECTION 3. IC 22-3-1-5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]: Sec. 5. (a) This section applies after December 31, 2009.
(b) As used in this section, "contractor" means:
(1) a sole proprietor;
(2) a partnership;
(3) a firm;
(4) a corporation;
(5) a limited liability company;
(6) an association; or
(7) another legal entity;
that engages in construction and is authorized by law to do
business in Indiana. The term includes a general contractor, a
subcontractor, and a lower tiered contractor. The term does not
include the state, the federal government, or a political subdivision.
(c) The worker's compensation board of Indiana shall cooperate
with the:
(1) department of state revenue established by IC 6-8.1-2-1;
(2) department of labor created by IC 22-1-1-1; and
(3) department of workforce development established by
IC 22-4.1-2-1;
by sharing information concerning any suspected improper
classification by a contractor of an individual as an independent
contractor (as defined in IC 22-3-6-1(b)(7) or IC 22-3-7-9(b)(5)).
(d) For purposes of IC 5-14-3-4, information shared under this
section is confidential, may not be published, and is not open to
public inspection.
(e) An officer or employee of the worker's compensation board
of Indiana who knowingly or intentionally discloses information
that is confidential under this section commits a Class A
misdemeanor.
SOURCE: IC 22-4.1-4-4; (09)ES0478.1.4. -->
SECTION 4. IC 22-4.1-4-4 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]:
Sec. 4. (a) This section applies after December 31, 2009.
(b) As used in this section, "contractor" means:
(1) a sole proprietor;
(2) a partnership;
(3) a firm;
(4) a corporation;
(5) a limited liability company;
(6) an association; or
(7) another legal entity;
that engages in construction and is authorized by law to do
business in Indiana. The term includes a general contractor, a
subcontractor, and a lower tiered contractor. The term does not
include the state, the federal government, or a political subdivision.
(c) The department shall cooperate with the:
(1) department of labor created by IC 22-1-1-1;
(2) department of state revenue established by IC 6-8.1-2-1;
and
(3) worker's compensation board of Indiana created by
IC 22-3-1-1(a);
by sharing information concerning any suspected improper
classification by a contractor of an individual as an independent
contractor (as defined in IC 22-3-6-1(b)(7) or IC 22-3-7-9(b)(5)).
(d) For purposes of IC 5-14-3-4, information shared under this
section is confidential, may not be published, and is not open to
public inspection.
(e) An officer or employee of the department who knowingly or
intentionally discloses information that is confidential under this
section commits a Class A misdemeanor.