 |
|
|
| Georgia General Assembly |
HB643.html
01 LC 28 0106
House Bill 643
By: Representatives
Howard of the 118th and Harbin of the 113th
A BILL TO BE
ENTITLED
AN ACT
To amend Article 1 of Chapter 9 of Title 34 of the Official
Code of Georgia Annotated, relating to general provisions governing
workers´ compensation, so as to provide for restrictions on exemption of
corporate officers for construction companies; to require that construction
companies submit proof of workers´ compensation insurance, self_insurance,
or a valid exemption to get a building permit; to provide for related matters;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Article 1 of Chapter 9 of Title 34 of the Official Code of
Georgia Annotated, relating to general provisions governing workers´
compensation, is amended by striking Code Section 34_9_2.1, relating to
exemption of corporate officers and limitations thereon, and inserting in lieu
thereof a new Code section to read as follows:
"34_9_2.1.
(a)
A corporate officer or a member of a limited liability company who elects to be
exempt from coverage under this chapter shall make such election by giving
written certification to the insurer or, if there is no insurer, to the State
Board of Workers´ Compensation. The right of any corporation or limited
liability company to exempt its officers or members from coverage under this
chapter is limited as follows:
(1) A corporation shall
not be allowed to exempt more than five corporate officers and a limited
liability company shall not be allowed to exempt more than five members;
and
(2) In order for the written certification of
exemption to be in effect, the corporate officer must be identified by name as
well as by the office held at the time of certification and the member of the
limited liability company must be identified by name;
and
(3) Any employer subject to this
chapter pursuant to subsection (a) of Code Section 34_9_2 before the filing of
any exemptions shall remain subject to this chapter without regard to the number
of exemptions filed. However, in the event that there shall be no covered
employees once exemptions are elected, no coverage shall be required unless and
until additional employees are employed;
and
(4) A written certification of exemption
for an officer of a construction company must also contain the following
information: (A) the federal tax identification number and the social security
number of the officer; (B) a copy of any business licenses held by the officer
or the corporation or limited liability company; and (C) a copy of documents
submitted to the Internal Revenue Service by the officer, corporation, or
limited liability company regarding the officer´s employment
status.
(b) A corporate officer or a member of the
limited liability company who has exempted himself or herself by proper
certification from coverage under this chapter may at any time revoke such
exemption and thereby accept coverage under this chapter by giving certification
to such effect in the same manner as provided in subsection (a) of this Code
section relative to exemption from coverage.
(c) No
certification given pursuant to subsection (a) or (b) of this Code section shall
become effective until it is filed with the proper
entity."
SECTION 2.
Said article is further amended by adding at the end thereof
a new Code section to read as follows:
"34_9_25.
Every
employer shall, as a condition of receiving a building permit, show proof that
such employer has secured workers´ compensation insurance for its
employees, is self_insured, or is exempt pursuant to Code Section 34_9_2.1. Such
proof shall be in a form as required by the rules and regulations of the State
Board of Workers´
Compensation."
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.