2020 UTAH LEGISLATIVE SESSION BILL TRACKER

NUMBERTITLESPONSORSUMMARYSTATUSUMCA POSITION
S.B. 23 2nd Sub.DOPL Licensing AmendmentsSen. BrambleThis bill:
Amends the Plumbers Licensing Board membership:

(a) The Plumbers Licensing Board consists of [five] seven members as follows:
(i) [two] three members shall be licensed from among the license classifications of master or journeyman plumber, of whom at least one shall represent a union organization and at least one shall be selected having no union affiliation;
(ii) [two] three members shall be licensed plumbing contractors, of whom at least one shall represent a union organization and at least one shall be selected having no union affiliation; and
(iii) one member shall be from the public at large with no history of involvement in the construction trades.

Removes good moral character provisions for many licensed professions;
• modifies the citation authority of the division;
• (b) Unless a specific fine amount is specified elsewhere in this title, the director or the director's designee may assess an administrative fine of up to $1,000 for each instance of unprofessional or unlawful conduct defined in this title

• Adds requirements for email addresses:
(c) In addition to providing a mailing address, an applicant, licensee, or certificate holder [may] shall provide to the division, in a form [required] approved by the division, an email address.

• Adds additional exemptions for licensure:
(4) Upon the declaration of a national, state, or local emergency, a public health emergency as defined in Section 26-23b-102, or a declaration by the president of the United States or other federal official requesting public health-related activities, the division in collaboration with the relevant board may:
• exempt or modify the requirements for licensure of an individual engaged in one or more of the construction trades described in Chapter 55, Utah Construction Trades Licensing Act.
PASSED UMCA AMENDED
SUPPORT
S.B. 215Prevailing Wages on State Construction ProjectsSen. MayneThis bill:
requires workers on a state construction project to be paid a prevailing wage;
▸ provides for the determination of a prevailing wage;
▸ authorizes the Labor Commission to investigate alleged violations of the prevailing wage provisions;
▸ creates a criminal penalty and provides for a civil action for a violation of the prevailing wage requirements; and
▸ requires bids issued by a procurement unit and contracts resulting from those bids to comply with the prevailing wage requirements.
FAILEDNEUTRAL
S.B. 90 1st SubProcurement Code AmendmentsSen. BuxtonThis Bill is a major revision of the procurement code. Among many changes, It:
modifies and enacts definitions applicable to the Utah Procurement Code;
▸ modifies provisions relating to procurement units with independent procurement authority;
▸ reorganizes and modifies provisions relating to the applicability of and exemptions from the Utah Procurement Code;
▸ modifies provisions relating to the request for statement of qualifications process;
▸ modifies small purchase provisions;
▸ modifies provisions relating to the approved vendor list process;
▸ modifies provisions relating to the invitation for bids process;
▸ modifies and enacts provisions relating to the request for proposals process;
▸ modifies provisions relating to trial use contracts;
▸ authorizes a procurement unit to procure professional services by using the design professional procurement process;
▸ modifies records retention provisions;
▸ modifies provisions relating to agreements and purchases between public entities;
▸ repeals provisions relating to:
• the bidding process; and
• the request for proposals process

Note: This bills changes procedures but does not appear to be in need of discussion. Neutral.
PASSEDNEUTRAL
S.B. 153Business Payroll Practices AmendmentsSen. MayneThis bill amends provisions of the Utah Construction Trades Licensing Act regarding unlawful conduct.
• Adds violations of Subsection 58-55-501(16)(e) [the laws governing withholdings for employee state and federal income taxes, unemployment taxes, Social Security payroll taxes, or other required withholdings] to be guilty of a class A misdemeanor.
• Except as provided in Subsection (5), if a person violates Subsection 58-55-501(16)(e), (17), or (29), the director or the director's designee shall assess a fine in accordance with the following:
(A) for a first offense handled pursuant to Subsection (4)(a), a fine of up to $2,000;
(B) for a second offense handled pursuant to Subsection (4)(a), a fine of up to $4,000;
and
(C) for any subsequent offense handled pursuant to Subsection (4)(a), a fine of up to $4,000 for each day of continued offense.

Note: This bill increases the penalties involved with violation of payroll laws, etc. This may be of interest and should be discussed.
PASSEDSUPPORT
H.B. 29 1st SubBuilding Code AmendmentsRep. Schultz and Sen. BrambleThis bill:
▸ adopts and amends the residential provisions of the 2018 edition of the International Swimming Pool and Spa Code;
▸ under certain conditions, exempts airport hangars from having a fire-resistance exterior wall rating of not less than two hours;
▸ amends citations in amendments to the International Plumbing Code;
▸ amends a citation in an amendment to the International Mechanical Code;
▸ amends provisions in the International Existing Building Code;
PASSEDSUPPORT
H.B. 63Workers Comp. AmendmentsRep. ShippThis bill:
▸ provides that, under certain circumstances, a partnership or sole proprietorship may elect not to provide workers' compensation coverage for a minor employee who is a child of a partner of the partnership or an owner of the sole proprietorship;
FAILEDOPPOSED
H.B. 68 1st SubApprenticeship and Work-Based LearningRep. Gibson This bill:
▸ provides that the Talent Ready Utah Center may award funding for apprenticeship programs and work-based learning programs, subject to legislative appropriation;
▸ describes the entities that may partner to submit a proposal for funding for an apprentice program or work-based learning program;
▸ describes the requirements for receiving funding for an apprentice program or work-based learning program;
▸ describes the Talent Ready Utah Center's duties and reporting requirements related to administering funding for apprenticeship programs and work-based learning programs
PASSEDSUPPORT
H.B. 69Sick Leave AmendmentsRep. Arent This bill:
▸ defines terms;
▸ requires certain employers to allow an employee to use accrued sick leave to care for an immediate family member under certain conditions;
▸ prohibits an employer from taking adverse action against an employee for using sick leave in accordance with this bill;
▸ allows an employee to file a written complaint with the Division of Antidiscrimination and Labor for an alleged violation of this bill;
▸ grants the division enforcement and rulemaking authority to implement the provisions of this bill; and
This bill:
▸ defines terms;
▸ requires certain employers to allow an employee to use accrued sick leave to care for an immediate family member under certain conditions;
▸ prohibits an employer from taking adverse action against an employee for using sick leave in accordance with this bill;
▸ allows an employee to file a written complaint with the Division of Antidiscrimination and Labor for an alleged violation of this bill;
▸ grants the division enforcement and rulemaking authority to implement the provisions of this bill; and
▸ provides that this bill does not extend the maximum period of leave available to an employee under specified federal law.

NOTE: See attached.
FAILED OPPOSED
H.B. 140Employment Selection Procedures ActRep. WheatleyThis Bill provides that: An employer may not seek information regarding an applicant's compensation history from the applicant, the applicant's current or former employer, or an employee of the applicant's current or former employer.
▸ gives the Labor Commission's Division of Antidiscrimination and Labor enforcement power;
▸ permits an aggrieved individual to file a request for agency action;

"Employer" means a person employing 15 or more employees within the state for each working day in each of 20 calendar weeks or more in the current or preceding calendar year.

Violation of Prohibition on Inquiry into Compensation History, the
division shall:
(A) for the first offense, issue a warning;
(B) for the second offense, order that the employer pay a penalty of $500; and
(C) for the third or subsequent offense, order that the employer pay a penalty of $1,500.

Note: Not sure how this bill affects union employees and the ability for UMCA Contractors to share information. Need to discuss.
FAILEDOPPOSED
H.B. 159 2nd SubInsurance Coverage RevisionsRep. McKellThis bill provides that:

7) (a) A policy of motor vehicle coverage may limit coverage to the policy minimum limits under Section 31A-22-304 if the policy or a specifically reduced premium was extended to the insured upon express written declaration executed by the insured that the insured motor vehicle would not be operated by a person described in Subsection (7)(c) operating in a manner described in Subsection (7)(b)(i).
(b) (i) A policy of motor vehicle liability coverage may limit coverage as described in Subsection (7)(a) if the insured motor vehicle is operated by an individual described in Subsection (7)(c) if the individual described in Subsection (7)(c) is guilty of:
(A) driving under the influence as described in Section 41-6a-502;
(B) impaired driving as described in Section 41-6a-502.5; or
(C) operating a vehicle with a measurable controlled substance in the individual's body as described in Section 41-6a-517.
(ii) An individual's refusal to submit to a chemical test as described in Section 41-6a-520 is admissible evidence, but not conclusive, that the individual is guilty of an offense described in Subsection (7)(b)(i).
(c) A reduction in coverage as described in Subsection (7)(a) applies to the following individuals:
(i) the insured;
(ii) the spouse of the insured; or
(iii) if the individual has a separate policy as a secondary source of coverage, and:
(A) the individual is over the age of 21 and resides in the household of the insured; or
(B) the individual is a permissible user of the motor vehicle.
(d) A reduction in coverage as described in Subsection (7)(a) does not apply to an individual under the age of 21 who is a relative of the insured and a resident of the insured's household.

Note: This bill exposes a person injured by the insured that is under the influence to very limited ability to recover for the loss of injury.
PASSEDNEUTRAL
H.B 223Statutes of Repose and Limitations AmendmentsRep. Musselman This bill:
▸ modifies the definition of an action and a provider for actions related to improvements in real property;
▸ provides a three-year statute of limitations for certain contract or warranty actions involving improvements on real property within the six-year statute of repose for contract and warranty actions;
▸ provides a two-year statute of limitations for certain contract or warranty actions involving improvements on real property that occur beyond the six-year statute of repose for contract and warranty actions;
• Definition of "Provider" now includes any person:
providing or contributing materials, products, or equipment that is incorporated into an improvement.

Repeals the six year statute of limitations for claims based on contract or warranty and replaces it with :
(a) An action by or against a provider based in contract or warranty shall be commenced within three years after day on which the breach of the contract or warranty is discovered or should have been discovered through reasonable diligence.
(b) Notwithstanding Subsection (3)(a), and except as provided in Subsection (3)(c), an action by or against a provider based in contract or warranty may not be commenced more than six years after the date of completion or abandonment of an improvement.
(c) If a provider is required by an express term of a contract or warranty to perform an obligation later than the six-year period described in Subsection (3)(b), and the provider fails to perform the obligation as required, an action for that breach of the contract or warranty shall be
commenced within two years after the day on which the breach is discovered or should have been discovered.
(d) If a contract or warranty expressly establishes a different period of limitations than this section, the action shall be commenced within that limitations period.
PASSEDSUPPORT
H.B. 251School Construction Project AmendmentsRep. BallardThis bill:
▸ requires a local education agency (LEA) to appoint an employee of the LEA or a contracted person to oversee a school construction project;
▸ provides requirements for a person who oversees a school construction project;
▸ requires an LEA to receive at least three proposals for an architect and three bids for a contractor for a school construction project;
▸ prohibits an LEA from issuing a single contract for design services and contractor services for a school construction project with certain exceptions;
▸ requires the State Board of Education to make rules
FAILEDNO POSITION
H.B. 308Lien AmendmentsRep. McKellThis bill:
▸ extends the number of days from 90 days to 180 days within which a person has to dispute the correctness of a preconstruction or construction lien.
PASSEDSUPPORT
H.B. 368Building Code ModificationsRep. LymanThis bill exempts the following from licensure requirements:

a public [utilities] utility operating under the rules of the Public Service Commission on work incidental to [their] the public utility's own business;

a sole [owners] owner of property engaged in [building]:
(i) building no more than one residential structure per year and no more than three residential structures per five years on [their] the property owner's property for [their] the property owner's own noncommercial, nonpublic use; except, a person other than the property owner or [individuals] an individual described in Subsection (1)(e)[,] who engages in building the structure must be licensed under this chapter if the person is otherwise required to be licensed under this chapter; [or]
(ii) building structures, including sheds, carports, or detached garages:
(A) on [their] the property owner's residential property;
(B) for [their] the property owner's own noncommercial, nonpublic use; and
(C) [which] that are incidental to a residential structure on the property[, including sheds, carports, or detached garages];
(iii) building structures, including sheds, carports, or detached garages:
(A) on the property owner's commercial property;
(B) for the property owner's own noncommercial, nonpublic use;
(C) that are incidental to a commercial structure on the property; and
(D) when the total value of the building project is $50,000 or less; or
________________________________________
(iv) remodeling or renovating an existing commercial structure on the property owner's property when the total value of the remodeling or renovation project is $50,000 or less;
FAILEDOPPOSED
H.B. 422Preconstruction and Construction Lien AmendmentsRep. RobertsThis bill:
-adds a definition for “Construction Modification” relating to changing terms of a Construction Loan relating to Interest rates, maturity date, advances of additional funds, removes collateral, removes borrowers.
▸ amends provisions related to the relation back and priority of liens by adding recorded notice of Construction Modification;
▸ removes the requirement that an owner file a notice of intent to obtain final completion by changing “shall” to “may.”;
▸ amends provisions regarding a notice of intent to finance and enacts provisions regarding a notice of intent to finance construction;
▸ enacts provisions related to a notice of progress and a notice of final lien by providing that;
• (1) After a notice of intent to finance construction is filed,. . . a
subcontractor that files a preliminary notice pertaining to the project property may file with the registry a progress waiver, if the subcontractor:
(a) is owed money under the original contract; or
(b) anticipates performing additional services under the original contract.
(2) A progress waiver described in Subsection (1) may state that no amount is currently owed.
▸ amends provisions regarding a failure to provide notice regarding Petition to nullify preconstruction or
construction lien -- Expedited proceeding.:
• (b) If the court finds that a petition meets the requirements described in Subsection (3) the court shall schedule an expedited hearing to determine whether the preconstruction lien or the construction lien is invalid because [the lien claimant failed to file a notice of preconstruction service or a preliminary notice,] the notice of preconstruction service or preliminary notice is not filed within the time period described in Subsection 38-1a-401(1) or 38-1a-501(1), as applicable.
FAILEDUMCA AMENDED
SUPPORT

iStock_000022091255_Double_med


Click Here to Visit the Utah State Legislature Website

Click Here to Find Your Elected Officials

Leave a Reply

Your email address will not be published. Required fields are marked *