§ 6-8.1-3-21.2 — Information sharing concerning construction workers misclassified as independent contractors

Indiana § 6-8.1-3-21.2

• Jurisdiction: Indiana
• Art. 8.1: DEPARTMENT OF STATE REVENUE; TAX
• Ch. 3: Duties, Powers, and Responsibilities

Text

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section is confidential, may not be published, and is not open to public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

Legislative History

As added by P.L.164-2009, SEC.1.