For purposes of this part, unless the context otherwise requires: “Active and in good standing as reflected in the records of the secretary of state” means a corporation, limited liability company, or partnership that is in existence, registered or authorized to transact business in this state as reflected in the records of the secretary of […]
Except as provided in subsection (b), all construction services providers shall be required to carry workers’ compensation insurance on themselves. The requirement set out in this subsection (a) shall apply whether or not the provider employs fewer than five (5) employees. To the extent there is no restriction on applying for an exemption pursuant to […]
Except as provided in subsection (b), all construction services providers shall be required to carry workers’ compensation insurance on themselves. The requirement set out in this subsection (a) shall apply whether or not the provider employs fewer than five (5) employees. To the extent there is no restriction on applying for an exemption pursuant to […]
Any construction services provider who meets one (1) of the following criteria may apply for an exemption from § 50-6-902(a): An officer of a corporation who is engaged in the construction industry; provided, that no more than five (5) officers of one (1) corporation shall be eligible for an exemption; A member of a limited […]
Any construction services provider applying for an exemption from § 50-6-902(a) who has not been issued a license by the board shall obtain a construction services provider registration from the secretary of state at the same time such provider applies for such exemption. The secretary of state is authorized and directed to issue the construction […]
If a construction services provider’s application delivered to the secretary of state meets the requirements of this part, as determined by the secretary of state, the secretary of state shall file the application and: Issue a notice to such provider that the provider is listed on the registry; and Publish on the registry, contained on […]
If the secretary of state refuses to file an application and list the construction services provider on the registry, the secretary of state shall return such application to the provider within ten (10) business days after the document was received for filing, together with a brief, written explanation of the reason for the secretary of […]
The exemption obtained pursuant to this part shall be valid for two (2) years from a date and time set by the secretary of state. No more than sixty (60) days prior to the expiration of the exemption period, a construction services provider may file an application to renew an exemption. Renewal of an exemption […]
(1) Any construction services provider who obtains an exemption and subsequently chooses to revoke such exemption shall:
Except as provided in § 50-6-412(h)(2), a construction services provider whose exemption is revoked pursuant to § 50-6-908 may apply to reinstate such exemption in the same manner as provided for in this part for an initial application. A construction services provider whose exemption is revoked under § 50-6-908(b) may only be granted a reinstatement […]
Any action to recover damages for injury, as defined by § 50-6-102, by a construction services provider shall proceed as at common law, and the defendant in the suit may make use of all common law defenses if, at the time of the injury, the construction services provider was: Listed on the registry as having […]
The secretary of state shall provide notice on its web site that the registry is for purposes of establishing providers who are exempt from workers’ compensation coverage and in no way reflects licensing or certification of any construction services provider. The board, the department of commerce and insurance and the department of labor and workforce […]
The secretary of state may charge the following maximum fees for each of the following: The issuance of a construction services provider registration to providers who have not been issued a license by the board $50 The issuance of a construction services provider workers’ compensation exemption $50
There is created a fund to be known as the “employee misclassification education and enforcement fund.” Any fee collected pursuant to § 50-6-912(a) shall be deposited in the employee misclassification education and enforcement fund. Moneys in the fund shall be invested by the state treasurer in accordance with the provisions of § 9-4-603. The fund […]
There is created a fund to be known as the “employee misclassification education and enforcement fund.” Any fee collected pursuant to § 50-6-912(a) shall be deposited in the employee misclassification education and enforcement fund. Moneys in the fund shall be invested by the state treasurer in accordance with the provisions of § 9-4-603. The fund […]
Except as provided for in subsection (b), a general contractor, intermediate contractor or subcontractor shall be liable for compensation to any employee injured while in the employ of any of the subcontractors of the general contractor, intermediate contractor or subcontractor and engaged upon the subject matter of the contract to the same extent as the […]
Notwithstanding any law to the contrary, records maintained by the secretary of state relative to the construction services provider registration and to the workers’ compensation exemption registration, other than records displayed on the registry established pursuant to this part, shall not constitute a public record as defined in § 10-7-503 and shall not be open […]
Nothing in this part shall be construed as preventing or prohibiting any contractor from requiring a certificate of workers’ compensation insurance from any of its subcontractors or any construction services providers providing services to such contractor. The secretary of state is authorized to promulgate rules and regulations to effectuate the purposes of the act, which […]
A policy of workers’ compensation insurance issued through the assigned risk plan as provided in § 56-5-114 that insures a person engaged in the construction industry shall be governed by this part, and a state agency shall not impose requirements relative to this part on such a policy other than those imposed by this part. […]
Beginning with fiscal year 2012-2013, and each fiscal year thereafter, the employee misclassification advisory task force created pursuant to former § 50-6-919 [repealed] shall make recommendations to the general assembly regarding programs and services to be funded from the employee misclassification education and enforcement fund created pursuant to § 50-6-913.
