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45A.480 Compliance
with
workers'
compensation
insurance
and
unemployment insurance laws required -- Foreign entity to obtain
certificate of authority -- Penalty.
(1)
(2)
(3)
(a)
No state contract for building, construction, reconstruction, renovation,
demolition, or maintenance, or for any activity related to building,
construction, reconstruction, renovation, demolition, or maintenance shall
be awarded by any agency, department, or office of the Commonwealth
of Kentucky or any political subdivision of the Commonwealth of Kentucky
to any person until that person assures, by affidavit, that all contractors
and subcontractors employed, or that will be employed, under the
provisions of the contract shall be in compliance with Kentucky
requirements for workers' compensation insurance according to KRS
Chapter 342 and unemployment insurance according to KRS Chapter
341.
(b) An agency, department, office, or political subdivision of the
Commonwealth of Kentucky shall not award a state contract to a person
that is a foreign entity unless that foreign entity, on the records of the
Secretary of State, holds a certificate of authority or a statement of foreign
qualification.
Any person who fails to comply with the requirements of subsection (1) of this
section during the term of the state contract, upon such finding by a court of
competent jurisdiction, shall be fined an amount not to exceed four thousand
dollars ($4,000), or an amount equal to the sum of uninsured and unsatisfied
claims brought under the provisions of KRS Chapter 342 and unemployment
insurance claims for which no wages were reported as required by KRS
Chapter 341, whichever is greater.
The penalty imposed in subsection (2) of this section shall be enforced by the
county attorney for the county in which the violation occurred.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 81, sec. 86, effective July 12, 2012. -Amended 2011 Ky. Acts ch. 80, sec. 2, effective June 8, 2011. -- Created 1990
Ky. Acts ch. 174, sec. 2, effective July 13, 1990.
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