§ 31A-40-211. Employment related economic incentives -- Employment information -- Client's status.

(1) Notwithstanding the other provisions of this chapter, for purposes of determining eligibility for an employment related economic incentive, a covered employee is considered only an employee of the client.

(2)

(a) If eligibility for an employment related economic incentive relates to a covered employee, the client is entitled to the employment related economic incentive if the client is otherwise eligible for the employment related economic incentive.

(b) A professional employer organization is not eligible for an employment related economic incentive described in Subsection (2)(a).

(3) If eligibility for or the amount of an employment related economic incentive is determined on the basis of the number of employees, a client is treated as employing only:

(a) a covered employee coemployed by the client under the professional employer agreement; or

(b) an employee solely employed by the client.

(4) Subject to a confidentiality provision in federal or state law, a professional employer organization shall provide employment information:

(a) upon the request of:

(i) the client; or

(ii) the governmental entity administering an employment related economic incentive; and

(b) reasonably required for:

(i) administration of an employment related economic incentive; or

(ii) necessary to support any of the following by a client seeking an employment related economic incentive:

(A) a request;

(B) a claim;

(C) an application; or

(D) another action.

(5) With respect to a bid, contract, purchase order, or agreement entered into with the state or a political subdivision of the state, the fact that the client enters into a professional employer agreement does not affect the client's status or certification as a:

(a) small business;

(b) minority-owned business;

(c) disadvantaged business;

(d) woman-owned business; or

(e) historically underutilized business.

Enacted by Chapter 318, 2008 General Session