CHAPTER 172

HB 426 – FINAL VERSION

21Mar2007… 0476h

05/10/07 1432s

05/10/07 1480s

2007 SESSION

07-0948

01/10

HOUSE BILL 426

AN ACT relative to workers’ compensation rates and resolution of disputes relative to classification of employees or independent contractors.

SPONSORS: Rep. Infantine, Hills 13

COMMITTEE: Labor, Industrial and Rehabilitative Services

AMENDED ANALYSIS

This bill allows the insurance commissioner to conduct investigations and hold hearings regarding whether additional premium charges should be paid by an employer for workers’ compensation insurance. The bill makes an appropriation from the workers’ compensation administration fund for the salary, benefits, current expenses, and equipment for a position created in the bill.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21Mar2007… 0476h

05/10/07 1432s

05/10/07 1480s

07-0948

01/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to workers’ compensation rates and resolution of disputes relative to classification of employees or independent contractors.

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

172:1 New Paragraph; Hearings and Awards; Premiums. Amend RSA 281-A:43 by inserting after paragraph II the following new paragraph:

III.(a) The commissioner may conduct investigations and hold hearings to resolve disputes between an employer and the employer's workers’ compensation carrier regarding whether persons engaged by the employer are employees or independent contractors for the purposes of determining whether an additional premium charge is to be paid by the employer for workers’ compensation insurance.

(b) Any party in interest aggrieved by any order or decision of the commissioner under this paragraph may appeal to the superior court.

172:2 Position Established.

I. There is hereby established within the department of labor the position of administrative assistant I, labor grade 16, to carry out the responsibilities required under RSA 281-A:43, III as inserted by section 1 of this act.

II. The sum of $55,443 for the fiscal year ending June 30, 2008, and the sum of $55,024 for the fiscal year ending June 30, 2009, are hereby appropriated to the department of labor for salary, benefits, current expenses, and equipment for the position established in paragraph I. The moneys appropriated under this paragraph shall be a charge against the workers’ compensation administration fund, established under RSA 281-A:59.

172:3 Effective Date. This act shall take effect upon its passage.

Approved: June 18, 2007

Effective: June 18, 2007