SENATE CONCURRENT RESOLUTION 56

(By Senators Azinger, Baldwin, Beach, Boso, Clements, Hardesty, Jeffries, Lindsay, Maynard, Romano, Rucker, Smith, Weld, Woelfel, and Trump)

[Originating in the Committee on the Judiciary; Reported on March 7, 2019]

Requesting the Joint Committee on Government and Finance study the utility of the enactment of laws clarifying the definition of employee and independent contractor for purposes of unemployment compensation and workers’ compensation. 

Whereas, Current law is unclear and produces inconsistent results as to whether a person is an employee or an independent contractor for purposes of unemployment compensation and workers’ compensation; and

Whereas, Internal Revenue Service regulations provide one test, the West Virginia Code provides another, and the Supreme Court of Appeals provides a third; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the utility of the enactment of laws clarifying the definition of employee and independent contractor for purposes of unemployment compensation and workers’ compensation; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2020, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.