Bill Text: NC S398 | 2017-2018 | Regular Session | Amended
Bill Title: Direct Sellers Not Employees for UI
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2017-04-10 - Re-ref to Commerce and Insurance. If fav, re-ref to Rules and Operations of the Senate [S398 Detail]
Download: North_Carolina-2017-S398-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
S 1
SENATE BILL 398
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Short Title: Direct Sellers Not Employees for UI. |
(Public) |
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Sponsors: |
Senators Tarte, Newton, and Chaudhuri (Primary Sponsors). |
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Referred to: |
Rules and Operations of the Senate |
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March 28, 2017
A BILL TO BE ENTITLED
AN ACT to exclude direct sellers from the definition of employment for unemployment insurance.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 96‑1(b)(12) reads as rewritten:
"(12) Employment. – Defined in section 3306 of the Code, with the following additions and exclusions:
a. Additions. – The term includes service to a governmental unit, a nonprofit organization, or an Indian tribe as described in 3306(c)(7) and 3306(c)(8) of the Code.
b. Exclusions. – The term excludes all of the following:
1. Service performed by an independent contractor.
2. Service performed for a governmental entity or nonprofit organization under 3309(b) and 3309(c) of the Code.
3. Service by one or more of the following individuals if the individual is authorized to exercise independent judgment and control over the performance of the work and is compensated solely by way of commission:
A. A real estate broker, as defined in G.S. 93A‑2.
B. A securities salesman, as defined in G.S. 78A‑2.
4. Service performed by a direct seller, as defined in 3508(b)(2) of the Code. The term does not include a person defined in 3508(b)(2)(A)(iii) of the Code."
SECTION 2. This act becomes effective July 1, 2017, applies to claims for benefits filed on or after that date, and applies to tax calculations on or after that date.
