§23-2-5c. Statute of limitations; effective date for new payments;
previous payments due not affected.
For payments due after the effective date of the amendment and
reenactment of this section during the year one thousand nine
hundred ninety-three, every action or process to collect any
premium, premium deposit, interest or penalty due from an employer
pursuant to this article by the executive director shall be brought
or issued within five years next after the date on which the
employer is required by the section imposing the premium, premium
deposit, interest or penalty to file a report and pay the amount
due thereunder. The limitation provided by this section shall also
apply to enforcement of the lien, if any, securing the payment of
the premium, premium deposit, interest or penalty, but shall not
apply in the event of fraud or in the event the employer wholly
fails to file the report required by the section imposing the
premium, premium deposit, interest or penalty. For payments that
were due prior to the effective date of this section, there
continues to be no limitation on when actions or processes may be
brought or issued. For every debt collectible under this section
which first becomes due and owing after the effective date of the
amendment and reenactment of this section during the year two
thousand three, every action or process to collect the debt shall
be brought or issued within ten years after the date on which the
employer is required to file a report and pay the amount assessed
or owed to the commission.