PRINTER'S NO. 2408
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1781
Session of
2017
INTRODUCED BY F. KELLER, COX, GROVE, McGINNIS AND MILNE,
SEPTEMBER 12, 2017
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, SEPTEMBER 12, 2017
AN ACT
Amending the act of June 2, 1915 (P.L.736, No.338), entitled "An
act defining the liability of an employer to pay damages for
injuries received by an employe in the course of employment;
establishing an elective schedule of compensation; providing
procedure for the determination of liability and compensation
thereunder; and prescribing penalties," in liability and
compensation, providing for registration of status as
independent contractor.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 2, 1915 (P.L.736, No.338), known
as the Workers' Compensation Act, is amended by adding a section
to read:
Section 304.3. (a) Notwithstanding any other provision of
law, a person may file a registration with the department
regarding the status of an individual who is classified for
Federal income tax purposes as an independent contractor of the
person.
(b) A registration under this section shall include the
following:
(1) A written waiver by the individual of all benefits under
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
this act from the person.
(2) An affidavit by the individual specifying that the
individual understands that the individual:
(i) is not an employe of the person;
(ii) is not entitled to benefits under this act from the
person; and
(iii) may purchase workers' compensation insurance under
this act.
(c) The waiver and affidavit under subsection (b) shall be
made upon forms prescribed by the department.
(d) A person who registers an individual as an independent
contractor under this section:
(1) shall not be liable to the individual for benefits under
this act; and
(2) shall not be required to provide insurance coverage or
self-insure under this act regarding the individual.
(e) A registration regarding an individual as an independent
contractor shall be valid for each future year, except that the
individual may request that the registration be revoked at any
time. The following apply:
(1) The request for revocation shall be on a form prescribed
by the department.
(2) The individual shall file the request for revocation
with the department and provide notice by certified mail of the
filing of the request with the person who filed the
registration.
(3) The department shall confirm receipt of the request for
revocation with the individual and the person.
(4) The revocation shall be effective ten days after the
receipt of the request by the department.
20170HB1781PN2408 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(f) A person may not offer or provide an incentive,
pecuniary or otherwise, for an individual to:
(1) complete the waiver and affidavit under subsection (b);
or
(2) refrain from filing a request for revocation under
subsection (e).
(g) A person violating subsection (f) shall be subject to
the penalties under section 305.
(h) As used in this section:
(1) "Independent contractor" includes an individual who
performs services for a person for valuable consideration but
who is not classified as an employe of the person for Federal
income tax purposes.
(2) "Person" includes a corporation, partnership, limited
liability company, business trust, other association, government
entity other than the Commonwealth, estate, trust, foundation or
individual.
Section 2. This act shall take effect in 60 days.
20170HB1781PN2408 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18