§ 22-3-1-5 — Information sharing concerning construction workers misclassified as independent contractors

(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section is confidential, may not be published, and is not open to public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.

Legislative History

As added by P.L.164-2009, SEC.3.