Bill Number: H.B. 2114

            Yee Floor Amendment

            Reference to: COMMERCE AND WORKFORCE

DEVELOPMENT Committee amendment

            Amendment drafted by: Grant Hanna

 

 

FLOOR AMENDMENT EXPLANATION

 

Exempts parties licensed by the Registrar of Contractors. Permits employment investigation and enforcement by the Department of Economic Security and Industrial Commission. Makes technical changes.


 

Fifty-second Legislature                                                      Yee

Second Regular Session                                                  H.B. 2114

 

YEE FLOOR AMENDMENT

SENATE AMENDMENTS TO H.B. 2114

(Reference to COMMERCE AND WORKFORCE DEVELOPMENT Committee amendment)

 


Page 1, line 20, strike “to the extent allowed by federal law,”

Page 2, lines 1 and 5, after “for” insert “or in connection with”

Line 22, after “for” insert “or through”

Line 27, after “by” insert “or through”

Line 39, strike the comma insert “and”; after “time” insert “periods”; after “work” insert a period and strike remainder of line

Strike line 40

Page 3, line 1, after “by” insert “or through”

Line 6, strike “associated with” insert “required to perform”

Line 13, after the period strike remainder of line

Strike lines 14 through 35, insert “SUBSECTIONS A AND B OF THIS SECTION DO NOT APPLY TO ANY EMPLOYING UNIT THAT IS LICENSED OR IS REQUIRED TO BE LICENSED PURSUANT TO TITLE 32, CHAPTER 10 UNLESS THE EMPLOYING UNIT IS CONTRACTING WITH AN INDEPENDENT CONTRACTOR TO PERFORM SERVICES THAT DO NOT REQUIRE A LICENSE PURSUANT TO TITLE 32, CHAPTER 10 FOR OR IN CONNECTION WITH THE EMPLOYING UNIT.”

Page 4, line 14, after the period, insert “THIS SECTION DOES NOT OTHERWISE AFFECT ANY INVESTIGATORY OR ENFORCEMENT AUTHORITY RELATED TO THE DETERMINATION OF THE INDEPENDENT CONTRACTOR OR EMPLOYMENT STATUS OF ANY RELATIONSHIP AS PROVIDED BY THIS TITLE OR FEDERAL LAW.”

Line 15, strike “23-1603.” insert “Sec. 2.”

Strike lines 16 through 20, insert:

“If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.”

Page 4, line 21, strike “23-1604.” insert “Sec. 3.”

Strike lines 22 through 26, insert:

“This chapter does not annul, alter, affect or exempt any employing unit or individual subject to this title from complying with the laws of this state, except to the extent that the laws of this state are inconsistent with any provision of this chapter, and then only to the extent of the inconsistency.”

Amend title to conform


 

KIMBERLY YEE

 

2114YEE1010.doc

03/28/2016

10:10 AM

S: GH/ls