H1751B2120A02670 SFR:AAS 10/23/23 #90 A02670
AMENDMENTS TO HOUSE BILL NO. 1751
Sponsor: REPRESENTATIVE KEEFER
Printer's No. 2120
Amend Bill, page 1, line 6, by inserting after "definitions,"
for independent contractors,
Amend Bill, page 3, by inserting between lines 6 and 7
Section 1.1. Section 3(a) of the act is amended and the
section is amended by adding a subsection to read:
Section 3. Independent contractors.
(a) General rule.--For purposes of workers' compensation,
unemployment compensation and improper classification of
employees provided herein, an individual who performs services
in the construction industry for remuneration is an independent
contractor only if:
[(1) The individual has a written contract to perform
such services.]
(2) The individual is free from control or direction
over performance of such services both under the contract of
service and in fact.
(3) As to such services, the individual is customarily
engaged in an independently established trade, occupation,
profession or business.
(a.1) Safe harbor.--Any of the following shall constitute
prima facie evidence that an individual is an independent
contractor under subsection (a):
(1) The individual has a written contract to perform
services in the construction industry and the contract is
project-specific and contains a particular scope of work.
(2) Evidence that an individual is registered as a
contractor under the act of October 17, 2008 (P.L.1645,
No.132), known as the Home Improvement Consumer Protection
Act, at the time the individual performs services in the
construction industry.
(3) An affidavit by the individual, signed prior to the
time the individual performs services in the construction
industry, specifying that the individual understands and
agrees that the individual:
(i) is not an employee with regard to the services
in the construction industry;
(ii) is not entitled to benefits under the Workers'
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Compensation Act if injured while performing services in
the construction industry;
(iii) may purchase workers' compensation insurance
under the Workers' Compensation Act or other disability
insurance at the individual's own expense;
(iv) is not entitled to benefits from the Uninsured
Employers Guaranty Fund if the individual is injured
while performing services in the construction industry;
and
(v) is considered to be self-employed for the
purposes of the Unemployment Compensation Law.
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