2018 Legislative Session Heating Up

The Utah State Legislature kicked off its 2018 Session on January 22nd and it is off to a sprinting start.  There are currently 13 bills open that will be filed this session for review that we are watching.  Some of the major issues so far include social services, education, and infrastructure.  The UMCA is closely monitoring a handful of bills that may impact our members and will be actively involved in protecting the interests of our members this legislative session.  In an effort to give you up-to-date information on bills the UMCA is tracking this session, the UMCA Website features a “Bill Tracker” that will be updated multiple times a week.  The Bill Tracker features information about the different bills including summaries of the bills, the current status of the bills, and the UMCA’s Official Position on the bills.  We encourage all of our members to review the Bill Tracker and to contact the UMCA Office with any questions you might have about this legislative session and how we might better serve you.

HB 32, 3rd SubstituteUniform Construction Code AmendmentsSchultzThis bill:
• adds the definition of an "injection well" to the International Plumbing Code;
• adds a section regarding the prohibition of motor vehicle waste disposal wells to the International Plumbing Code;
• amends the International Residential Code;
• incorporates by reference the 2017 edition of the National Electrical Code;
• amends incorporated provisions of the National Electrical Code; and
• makes technical changes.
HB 37, 1st SubstituteOccupational and Professional Licensing AmendmentsDunniganThis Bill:
• modifies DOPL's authority to share certain licensee information;
• modifies provisions related to unlawful and unprofessional conduct by making “a person subject to any of the unlawful and unprofessional conduct provisions ...strictly liable for each violation”.
• modifies certain exemption from contractor licensing requirements for handyman by making the exemption subject to unlawful conduct provisions of sections 501 and 502; and 58-1-401 re: disciplinary proceedings.
• makes technical changes.
HB 117Hourly Wage IncreaseHemingwayThis bill:
• defines the term "minor" as used in the Utah Minimum Wage Act;
• increases the minimum wage for a private or public employee within the state as follows: from 7/1/2018 to 7/1/2022--$10.25 per hour; After 7/1/2022 --$12.00 per hour.
• provides for future increases of the minimum wage obligation;
• contains various exemptions but none for Construction trades;
• limits the Labor Commission's oversight of the minimum wage; and
• makes technical and conforming changes.
House Bus. & Labor Comm. 2/16/18 Nor ConsideredOppose
HB 173Occupational Licensing Requirement AmendmentsMaloyThis Bill:
• modifies the authority of DOPL to issue licenses to persons who have been previously licensed in another state, district, or territory of the United States as follows: after being licensed outside of this state, the person has at least one year of experience in the state, district, or territory of the United States where the license was issued, and the division determines the person has the education, experience, and skills necessary to demonstrate competency in the occupation or profession for which licensure is sought.
HB 192Professional Licensing Board AmendmentsWebbThis bill:
• permits occupational and professional licensing boards to make a recommendation to the Legislature concerning proposed amendments to licensing acts
HB 279
1st Sub
Design Professionals Liability AmendmentsChristofferson• Bill amended to apply only to government projects
• prohibits a provision in a design professional
services contract that requires a design
professional to indemnify, hold harmless, or
reimburse a person for attorney fees or other
costs, except in the case of:
• the design professional's breach of contract, negligence, recklessness, or intentional misconduct; or
• the design professional's subconsultant's
• prohibits a provision in a design professional services contract that requires a design professional to defend a person against a claim alleging liability for damages;
• establishes a standard of care for design professionals; and
• prohibits a person from establishing a different standard of care for a design professional in a design professional services contract.
HB 280Occupational Licensing AmendmentsThurstonThis bill:
• requires certain state agencies to provide a report reviewing occupational and professional licenses administered by each agency to the Occupational and Professional Licensure Review Committee;
• describes the contents of the report;
• provides a sunset date; and
• makes technical changes.
HB 283Workplace Protection AmendmentsEdwardsThis bill:
• amends the definition of employer;
• requires certain claims involving employers with fewer than 15 employees to proceed to an evidentiary hearing without a division investigation;
• provides additional state remedies for claims involving employers with fewer than 15 employees; and
• makes technical changes.
HB 288Workers' Compensation Claims AmendmentsIvoryThis bill:
• makes it unlawful for a person to interfere with an employee's ability to seek workers' compensation benefits; or
• retaliate against an employee for seeking workers' compensation benefits; and
• provides penalties for violating a provision of this bill.

HB 310Professional Licensing AmendmentsSchultzThis bill:
• repeals the Residence Lien Restriction and Lien Recovery Fund Act and related provisions;
• modifies provisions related to the Building Inspector and Factory Built Housing Licensing Act; and
• makes technical changes
HB 445Design and Construction AmendmentsMcKellThis bill:
sets up an overall method for allocation of damages/fault in design and construction cases. It provides:
(b) "Damages" means costs, expenses, or other financial or economic losses, including:
(i) lost profit;
(ii) lost opportunity costs;
(iii) delay;
(iv) acceleration or disruption costs;
(v) liquidated damages;
(vi) loss of bonding capacity;
(vii) diminution in value;
(viii) remediation or repair costs; or
(ix) other additional or unexpected design, construction, maintenance, repair, testing.

The Bill provides for comparative fauIt allocation as follows:
(a) A participant or other party to an action may not be held liable for damages in an
amount in excess of the percentage or proportion of damages caused by:
(i) the participant or party; or
(ii) another person for whose conduct or actions the participant or party is contractually or legally responsible, including an employee, subcontractor, consultant, or supplier of the participant or party, regardless of tier.

But, the bill limits its application by providing that:
(3) This section does not create a cause of action.
(4) This section does not apply to an action:
(a) for death or bodily injury;
(b) for physical damage to property other than the improvement to real property; or
(c) involving an improvement to real property as to which one or more participants
have contracted with each other before May 8, 2018.
SB 40Workers' Compensation Dependent Benefit AmendmentsMayneThis bill:
• Modifies the calculation of benefits paid to one or more dependents of an employee with a disability under the Workers' Compensation Act by increasing the benefit from $5 per week to $20 per week for spouses and for dependent Children.
SB 53Workers' Compensation Coordination of Benefits AmendmentsMayneThis bill:
• Eliminates language that provides for a repeal of provisions related to the coordination between workers' compensation benefits and health benefit plans.
SB 75Workers’ Compensation Penalty AmendmentsHemmertThis bill:
• provides the circumstances under which the Division of Industrial Accidents may waive or reduce a penalty against an employer for conducting business without securing workers' compensation benefits for the employer's employees for first noncompliance period of less than 180 days, where employer current in compliance with no pending reported injury to employees; and
• makes technical and conforming changes.
SB 92Procurement Code AmendmentsMayneThis bill:
• provides that to the extent allowed by court rule, an employee may be awarded reasonable attorney fees in an adjudication of a medical benefits claim; and
• deletes provisions for awarding attorney fees for reexamination of total disability finding; and
• makes technical and conforming changes.
SB 103Strategic Workforce InvestmentsMillnerThis bill:
• defines terms;
• amends the definition of an eligible partnership to include a statewide partnership;
• requires the Governor's Office of Economic Development to report to the Legislature, the State Board of Regents, and the Utah System of Technical Colleges Board of Trustees;
• amends provisions related to a proposal for strategic workforce investment funding;
• places restrictions on the use of an appropriation for strategic workforce investment.
SB 133Design and Build AmendmentsMayneThis bill:
amends the definition of a design-build project; and
• makes technical and conforming changes.
SB 231State Building Code AmendmentsMayneThis bill:
• amends a provision of the International Building Code to provide that an individual who performs fireproof coating may obtain certain certification;
• amends a provision of the International Residential Code regarding when a drainage system is not required; and
• makes technical and conforming changes.
SB 243Construction Trades Licensing AmendmentsMayneThis bill:
• defines terms;
• creates new trade license classifications and requirements for: an automatic fire sprinkler contractor; a journeyman automatic sprinkler contractor; and An automatic fire sprinkler apprentice;
• creates an Automatic Fire Sprinkler Licensing Board; and
• makes technical changes.

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