Tennessee § 50-6-913 - Creation of employee misclassification education and enforcement fund — Costs of administration.

§ 50-6-913. Creation of employee misclassification education and enforcement fund — Costs of administration.

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 shall be administered by the administrator of the workers' compensation bureau. All costs of the secretary of state associated with the administration of this part shall be paid by the administrator of the workers' compensation bureau from the employee misclassification education and enforcement fund. Moneys remaining in the fund after such payment may be expended, subject to appropriation by the general assembly, at the direction of the administrator of the workers' compensation bureau for the purchase of computer software and hardware designed to identify potential employee misclassification activity, for the hiring of additional employees to investigate potential employee misclassification activity, for education of employers and employees regarding the requirements of this part and in support of the ongoing investigation and prosecution of employee misclassification. Any amount in the employee misclassification education and enforcement fund at the end of any fiscal year shall not revert to the general fund, but shall remain available for the purposes set forth in subsection (b). Interest accruing on investments and deposits of the employee misclassification education and enforcement fund shall be credited to such account, shall not revert to the general fund, and shall be carried forward into each subsequent fiscal year. Acts 2010, ch. 1149, § 13; 2013, ch. 282, § 1; 2013, ch. 424, § 2; 2015, ch. 341, § 15. Compiler's Notes. Acts 2010, ch. 1149, § 17 provided that the provisions of the act, which enacted this part, shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the general appropriations act. Acts 2010, ch. 1149, § 19, provided in part that: The secretary of state is authorized to promulgate rules and regulations to effectuate the purposes of the act, which added this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; provided, that the secretary of state shall permit: Construction services providers not currently licensed by the board for licensing contractors, but who qualify for a construction services provider registration, to apply for a workers' compensation exemption on or after January 1, 2011; and Construction services providers licensed by the board for licensing contractors to apply for a workers' compensation exemption on or after February 1, 2011. Acts 2013, ch. 424, § 3 provided that the act, which amended subsection (b), shall apply to violations occurring on or after July 1, 2013. Amendments. The 2013 amendment by ch. 282, effective July 1, 2014, substituted “administrator of the workers' compensation division” for “commissioner of labor and workforce development” in the last sentence of (a) and in (b). The 2015 amendment substituted “bureau” for “division” in the last sentence of (a) and in (b). Effective Dates. Acts 2013, ch. 282, § 10. July 1, 2014. Acts 2015, ch. 341, § 19. May 4, 2015.