First Regular Session 116th General Assembly (2009)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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    SENATE ENROLLED ACT No. 478



     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 6-8.1-3-21.2; (09)SE0478.1.1. -->
    SECTION 1. IC 6-8.1-3-21.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 21.2. (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    (d) For purposes of IC 5-14-3-4, information shared under this section is confidential, may not be published, and is not open to public inspection.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)SE0478.1.2. -->     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)SE0478.1.3. -->     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)SE0478.1.4. -->     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.


SEA 478

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