13-46-301 - Creation. - Utah Statutes

13-46-301. Creation.
(1) (a) By no later than July 1, 2009, the department shall administer a database:
(i) designed by the council to share data amongst accessing agencies, the attorneygeneral, and the Department of Public Safety; and
(ii) to be used by an accessing agency to identify when a person:
(A) holds that person out as an independent contractor; or
(B) engages in the performance of work as an independent contractor not subject to anemployer's right to control the person.
(b) Notwithstanding Subsection (1)(a), the department may contract in accordance withthis chapter with a person other than the department:
(i) to the extent necessary to design, implement, or operate the database; and
(ii) in a manner consistent with Title 63G, Chapter 6, Utah Procurement Code.
(c) If the department contracts with a person who is not a government agency to operatethe database, the department:
(i) shall monitor the operations under the contract; and
(ii) ensure that the contract allows for termination of the contract if the person fails tooperate the database in accordance with the contract and this chapter.
(2) An accessing agency shall cooperate with the department to provide information:
(a) to be included in the database; and
(b) to the extent that disclosure of the information is otherwise permitted by law otherthan this chapter.
(3) The database shall include a process to compare the information in the database atleast monthly to:
(a) identify a worker who may be misclassified as an independent contractor;
(b) promote employer compliance with state and federal laws related to:
(i) withholding taxes;
(ii) making payments for Social Security, Medicare, and unemployment insurance;
(iii) providing the proper level of workers' compensation insurance;
(iv) preventing insurance fraud;
(v) paying overtime and minimum wages; and
(vi) including a worker in an employee benefit program;
(c) reduce employer intentional misclassification of a worker as an independentcontractor; and
(d) identify identity theft.

Enacted by Chapter 273, 2008 General Session