Misclassification of employees as independent contractors; Department of Taxation to investigate.
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SB 744 — Misclassification of employees as independent contractors; Department of Taxation to investigate.
Last action — Approved by Governor-Chapter 682 (effective 1/1/21)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 08, 2020. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 7 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Misclassification of employees as independent contractors; Department of Taxation to investigate and enforce; civil penalties. Prohibits an employer from classifying an individual as an independent contractor if he is an employee. An individual shall be considered an employee of the party that pays the remuneration for purposes of Titles 40.1 (Labor and Employment), 58.1 (Taxation), 60.2 (Unemployment Compensation), and 65.2 (Workers' Compensation) unless and until it is shown that such individual is an independent contractor under Internal Revenue Service guidelines. Violators are subject to civil penalties and debarment from public contracts. The bill has a delayed effective date of January 1, 2021.
Bill Text
- Acts of Assembly Chapter text (CHAP0682) View text Current html April 06, 2020
- Bill text as passed Senate and House (SB744ER) View text html March 04, 2020
- Impact statement from TAX (SB744H1) View text html February 19, 2020
- Amended Engrossed by Senate as amended SB744E html January 24, 2020
- Impact statement from TAX (SB744) View text html January 08, 2020
Action History
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Approved by Governor-Chapter 682 (effective 1/1/21)
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Governor's Action Deadline 11:59 p.m., April 11, 2020
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Enrolled Bill Communicated to Governor on March 12, 2020
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Impact statement from TAX (SB744ER)
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Signed by Speaker
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Signed by President
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Enrolled
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Title replaced 20108163D-H1
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House substitute agreed to by Senate (21-Y 19-N)
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VOTE: Passage (55-Y 45-N)
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Passed House with substitute (55-Y 45-N)
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Engrossed by House - committee substitute SB744H1
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Committee substitute agreed to 20108163D-H1
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Read third time
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Read second time
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Reported from Appropriations (14-Y 8-N)
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Impact statement from TAX (SB744H1)
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Referred to Committee on Appropriations
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Reported from Finance with substitute (14-Y 8-N)
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Committee substitute printed 20108163D-H1
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House committee, floor amendments and substitutes offered
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Referred to Committee on Finance
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Read first time
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Placed on Calendar
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Impact statement from TAX (SB744E)
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Read third time and passed Senate (23-Y 16-N)
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Printed as engrossed 20105143D-E
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Engrossed by Senate as amended SB744E
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Committee amendment agreed to
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Reading of amendment waived
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Read second time
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Constitutional reading dispensed (39-Y 0-N)
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Reported from Finance and Appropriations with amendment (14-Y 2-N)
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Impact statement from TAX (SB744)
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Referred to Committee on Finance and Appropriations
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Prefiled and ordered printed; offered 01/08/20 20105143D
Sponsors
- Jeremy S. McPike · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 61 voted No
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 54 | 45 | 0 | 0 |
| Total | 54 | 45 | 0 | 0 |
| % of votes cast | 55% | 45% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 19 | 0 | 0 |
| Total | 21 | 19 | 0 | 0 |
| % of votes cast | 53% | 48% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 8 | 0 | 0 |
| Total | 14 | 8 | 0 | 0 |
| % of votes cast | 64% | 36% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Brewer, Emily M. | — | Nay |
| Aird, Lashrecse D. | — | Yea |
| Betsy B. Carr | — | Yea |
| Bulova, David L. | — | Yea |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Cox, M. Kirkland | — | Nay |
| David A. Reid | — | Yea |
| Davis, Glenn R. | — | Nay |
| Delores L. McQuinn | — | Yea |
| Fariss, C. Matthew | — | Nay |
| Hurst, Chris L. | — | Yea |
| James W. Morefield | — | Nay |
| Jones, Jerrauld C. "Jay" | — | Yea |
| Knight, Barry D. | — | Yea |
| Luke E. Torian | — | Yea |
| Paul E. Krizek | — | Yea |
| Plum, Kenneth R. | — | Yea |
| Robert S. Bloxom, Jr. | — | Nay |
| Rush, Nick | — | Nay |
| Sickles, Mark D. | — | Yea |
| Terry L. Austin | — | Nay |
| Tyler, Roslyn C. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 8 | 0 | 0 |
| Total | 14 | 8 | 0 | 0 |
| % of votes cast | 64% | 36% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Lindsey, Joseph C. | — | Yea |
| Ayala, Hala S. | — | Yea |
| Byron, Kathy J. | — | Nay |
| Campbell, Ronnie R. | — | Nay |
| Carroll Foy, Jennifer D. | — | Yea |
| Carter, Lee J. | — | Yea |
| Don Scott | — | Yea |
| Fowler, Hyland F."Buddy," Jr. | — | Nay |
| Gilbert, C. Todd | — | Nay |
| Heretick, Steve E. | — | Yea |
| Hudson, Sally L. | — | Yea |
| Joseph P. McNamara | — | Nay |
| Keam, Mark L. | — | Yea |
| Kory, Kaye | — | Yea |
| Mugler, Martha M. | — | Yea |
| Murphy, Kathleen | — | Yea |
| Orrock, Robert D., Sr. | — | Yea |
| Poindexter, Charles D. | — | Nay |
| R. Lee Ware | — | Nay |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Thomas C. Wright, Jr. | — | Nay |
| Vivian E. Watts | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 23 | 16 | 0 | 1 |
| Total | 23 | 16 | 0 | 1 |
| % of votes cast | 58% | 40% | 0% | 3% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| Chafin, A. Benton "Ben" | — | Nay |
| Chase, Amanda F. | — | Nay |
| Cosgrove, John A., Jr. | — | Nay |
| Dunnavant, Siobhan S. | — | Nay |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Nay |
| Howell, Janet D. | — | Yea |
| Kiggans, Jennifer A. | — | Nay |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| McClellan, Jennifer L. | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Newman, Stephen D. | — | Nay |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Spruill, Lionell, Sr. | — | Yea |
| Vogel, Jill Holtzman | — | Not Voting |
| Adam P. Ebbin | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Nay |
| Bryce E. Reeves | — | Nay |
| David R. Suetterlein | — | Nay |
| David W. Marsden | — | Yea |
| Ghazala F. Hashmi | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Nay |
| Mark J. Peake | — | Nay |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Nay |
| Ryan T. McDougle | — | Nay |
| Scott A. Surovell | — | Yea |
| Todd E. Pillion | — | Nay |
| William M. Stanley, Jr. | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| Chafin, A. Benton "Ben" | — | Yea |
| Chase, Amanda F. | — | Yea |
| Cosgrove, John A., Jr. | — | Yea |
| Dunnavant, Siobhan S. | — | Yea |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Howell, Janet D. | — | Yea |
| Kiggans, Jennifer A. | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| McClellan, Jennifer L. | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Spruill, Lionell, Sr. | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| Adam P. Ebbin | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| David R. Suetterlein | — | Yea |
| David W. Marsden | — | Yea |
| Ghazala F. Hashmi | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Ryan T. McDougle | — | Yea |
| Scott A. Surovell | — | Yea |
| Todd E. Pillion | — | Not Voting |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 2 | 0 | 0 |
| Total | 14 | 2 | 0 | 0 |
| % of votes cast | 88% | 13% | 0% | 0% |
How each member voted (16)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Newman, Stephen D. | — | Nay |
| Howell, Janet D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Edwards, John S. | — | Yea |
| Vogel, Jill Holtzman | — | Nay |
| Petersen, J. Chapman | — | Yea |
| McClellan, Jennifer L. | — | Yea |
| Adam P. Ebbin | — | Yea |
| David W. Marsden | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| R. Creigh Deeds | — | Yea |
Subjects
Frequently asked questions
- What does SB 744 do?
- Misclassification of employees as independent contractors; Department of Taxation to investigate and enforce; civil penalties. Prohibits an employer from classifying an individual as an independent contractor if he is an employee. An individual shall be considered an employee of the party that pays the remuneration for purposes of Titles 40.1 (Labor and Employment), 58.1 (Taxation), 60.2 (Unemployment Compensation), and 65.2 (Workers' Compensation) unless and until it is shown that such individual is an independent contractor under Internal Revenue Service guidelines. Violators are subject to civil penalties and debarment from public contracts. The bill has a delayed effective date of January 1, 2021.
- Who sponsors SB 744?
- SB 744 is sponsored by Jeremy S. McPike.
- What is the current status of SB 744?
- This bill has been enacted into law. Introduced January 08, 2020. Enacted.
- Where can I track SB 744?
- Track SB 744 free on One Click Politics — get push/email alerts when it moves.
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