Bill Text: NH HB450 | 2015 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Establishing a commission to study and make recommendations for a common definition of employee.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Engrossed - Dead) 2015-06-18 - Conference Committee Report; Not Signed Off; Senate Journal 19 [HB450 Detail]

Download: New_Hampshire-2015-HB450-Amended.html

HB 450 - AS AMENDED BY THE SENATE

12Mar2015… 0335h

05/28/2015 1943s

2015 SESSION

15-0257

01/10

HOUSE BILL 450

AN ACT establishing a commission to study and make recommendations for a common definition of employee.

SPONSORS: Rep. Murphy, Hills 7; Rep. D. McGuire, Merr 21; Rep. Itse, Rock 10; Rep. C. McGuire, Merr 29; Rep. Simmons, Hills 17

COMMITTEE: Labor, Industrial and Rehabilitative Services

AMENDED ANALYSIS

This bill establishes a commission to study and make recommendations for a common definition of employee.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12Mar2015… 0335h

05/28/2015 1943s

15-0257

01/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT establishing a commission to study and make recommendations for a common definition of employee.

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

1 New Section; Commission to Study a Common Definition of Employee. Amend RSA 273 by inserting after section 27 the following new section:

273:28 Commission to Study a Common Definition of Employee.

I. There is established a commission to study a common definition of employee and to make recommendations to the legislature.

II. The members of the commission shall be as follows:

(a) One member of the senate, appointed by the president of the senate.

(b) One member of the house of representatives, appointed by the speaker of the house of representatives.

(c) The commissioner of the insurance department, or designee.

(d) The commissioner of the department of labor, or designee.

(e) The commissioner of the department of employment security, or designee.

(f) The commissioner of the department of revenue administration, or designee.

(g) A representative of the interests of labor, appointed by the speaker of the house of representatives.

(h) A representative of the Associated General Contractors, appointed by the president of that organization.

(i) A representative of the Business and Industry Association of New Hampshire, appointed by the president of that organization.

(j) A representative of the New Hampshire Association of Insurance Agents, appointed by the chairman of the board of that association.

III. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

IV. The commission shall study the common definitions of employee that other states have adopted and make recommendations for a common definition to the legislature.

V. The members of the study commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Six members of the commission shall constitute a quorum.

VI. The commission shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2015.

2 Repeal. RSA 273:28 relative to commission to study a common definition of employee is repealed.

3 Effective Date.

I. Section 2 of this act shall take effect November 1, 2015.

II. The remainder of this act shall take effect upon its passage.

LBAO

15-0257

Amended 04/29/15

HB 450 FISCAL NOTE

AN ACT relative to the definition of “employee” for the purposes of workers’ compensation and unemployment compensation.

FISCAL IMPACT:

The Department of Employment Security states this bill, as amended by the House (Amendment #2015-0335h), will have an indeterminable fiscal impact on state restricted revenue and may decrease state, county and local expenditures in FY 2016 and each year thereafter. There will be no impact on county and local revenue.

METHODOLOGY:

The Department of Employment Security states this bill changes the criteria for determining whether services performed by an individual are deemed employment under RSA 282-A:9, III. The Department states it is not able to determine the fiscal impact of this bill because there is insufficient data to complete a comparative analysis of individuals who under current law are deemed to be providing services in employment but who under the bill as amended would be designated as independent contractors. Additionally, the change to RSA 282-A:9, III (c ) will likely result in individuals whose services were previously found to be employment no longer being deemed as such. The Department states there may be decreases to the unemployment trust fund; however these decreases may be offset by less benefits being paid out if more workers are classified as independent contractors. This would be due to the fact that independent contractors are self-employed and, unlike individuals in employment, generally ineligible for benefits if they are without work for a period of time or close their businesses permanently. The Department has no data to determine the exact impact on the trust fund. Lastly, to the extent state, county or local entities will no longer have to make payments to the unemployment trust fund for individuals who are defined as providing services in employment because they become designated as independent contractors under this bill, state, county and local entities may have an indeterminable decrease in expenditures.

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