A BILL TO BE ENTITLED
AN ACT to amend the APPLICATION of the workers' compensation law to certain motor carriers.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 97‑19.1 reads as rewritten:
"§ 97‑19.1.  Truck, tractor, or truck tractor trailer driver's status as employee or independent contractor.
An individual in the interstate or intrastate carrier industry who operates a truck, tractor, or truck tractor trailer licensed by a governmental motor vehicle regulatory agency may be an employee or an independent contractor under this Article dependent upon the application of the common law test for determining employment status and any individual found to be an employee shall be subject to workers' compensation coverage pursuant to G.S. 97‑93 unless otherwise exempt.
Any interstate or intrastate motor carrier shall be considered the contractor in relation to any individual driver found to be an independent contractor who shall be considered as the subcontractor, and their relationship shall be subject to the provisions of G.S. 97‑19.
A contractor and subcontractor may agree in writing that the contractor shall cover the subcontractor, or the subcontractor and the subcontractor's employees, under a blanket insurance policy of the contractor to allow the contractor to chargeback the cost of  the coverage to the subcontractor.
"
SECTION 2.  This act is effective when it becomes law.