(1) As used in this section: (a) "First-tier subcontractor" means a subcontractor who contracts directly with the general contractor. (b) "Public project" means the contract is with or authorized by a public entity as defined in Section 63G-6a-103. (c) "Second-tier subcontractor" means a subcontractor that contracts with a subcontractor. (d) (i) "Subcontractor" means a person under contract with a general contractor or another subcontractor to provide services or labor for the construction, installation, or repair of an improvement to real property. (ii) "Subcontractor" includes a trade contractor or specialty contractor. (iii) "Subcontractor" includes a first-tier subcontractor and a second-tier subcontractor. (iv) "Subcontractor" does not include a supplier that provides only materials, equipment, or supplies to a general contractor or subcontractor. (e) "Zero estimated exposure policy" means the same as that term is defined in Section 31A-22-1017. (2) Before engaging in a construction trade on a public project, a subcontractor shall: (a) provide a list of current employees to the general contractor and the property owner for which the subcontractor engages in a construction trade; (b) provide the general contractor and the property owner the second-tier subcontractor's name and the second-tier subcontractor's license number if the subcontractor intends to accept a contract with a second-tier subcontractor related to construction trade on a public project; (c) if the subcontractor holds a zero estimated exposure policy, provide to a person that contracts with the subcontractor for construction trade on a public project: (i) written notice that the subcontractor has a zero estimated exposure policy; and (ii) a copy of the zero estimated exposure policy; (d) ensure that each of the subcontractor's employees on the construction site possess photo identification and shall ensure that the identification will be presented to the division upon request; and (e) provide to the general contractor and the property owner the estimated number of labor hours for their portion of the project. (3) At the division's request, a subcontractor shall provide the following for each current employee of the subcontractor: (a) the name of the employee; (b) the last four digits of the social security number of the employee; and (c) if the employee possesses a professional license, the professional license number of the employee. (4) (a) The general contractor and the property owner shall retain the information the subcontractor provides for three years from the day after the day on which the general contractor and the property owner receive the information from the subcontractor. (b) The general contractor and the property owner shall provide the information the general contractor and the property owner receive from a subcontractor to the division at the division's request. (5) The division may: (a) make audit recommendations to the State Tax Commission; and (b) provide information obtained in accordance with this section to the State Tax Commission.
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