2019 UTAH LEGISLATIVE SESSION BILL TRACKER

NUMBERTITLESPONSORSUMMARYSTATUSUMCA POSITION
H.B. 56Employer’s Reinsurance Funds Amendment Rep Dunnigan and Rep MayneThis bill:
provides that after the state pays all liabilities to be paid from the Employers' Reinsurance Fund, the Division of Finance shall transfer any remaining assets to the
Uninsured Employers' Fund
PASSED
H.B. 57Electronic Information or Data PrivacyRep. HallThis bill:
• requires issuance of a search warrant to obtain certain electronic information or data;
• government entity may not obtain
without a search warrant issued by a court upon probable cause:
(i) the location information, stored data, or transmitted data of an electronic device
(ii) electronic information or data transmitted by the owner of the electronic information or data to a remote computing service.
• addresses notification that electronic information or data was obtained;
• provides for transmission of electronic information or data to a remote computing service, including restrictions on government entities;
• provides that the individual who transmits electronic information or data is the presumed owner of the electronic information or data
Held in House Judiciary Committee
H.B. 160Workers Compensation AmendmentsRep. ShippThis bill:
provides that a partnership or a sole proprietorship is not required 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
House Business & Labor
1st Sub vbH.B. 187Prof. Licensing AmendmentsRep. SchultzOriginal bill:
modifies testing, course work, and experience requirements for certain contractor licenses, including:
- for licensure as an apprentice electrician, apprentice plumber, or specialty contractor, no division-administered examination is required;.
- for licensure as a general building contractor, general engineering contractor,residential and small commercial contractor, general plumbing contractor, residential plumbing contractor, general electrical contractor, or residential electrical contractor, the only required division-administered examination is a division-administered examination that covers information from the 25-hour course described in Subsection (1)(e)(iii), which course may have been previously completed as part of applying for any other license under this chapter,
- and the five-hour business law course

1st Sub bill provides:
-The division in collaboration with the Plumbers Licensing Board and the Electricians Licensing Board shall provide a preliminary report on or before October 1, 2019, and a final written report on or before June 1, 2020, to the Business and Labor Interim Committee and the Occupational and Professional Licensure Review Committee that provides recommendations for consistent educational and training standards for plumber and electrician apprentice programs in the state, including recommendations for education and training provided by all providers, including institutions of higher education and technical colleges.
- the number of licensed plumber apprentices or licensed electrician apprentices that are allowed to be under the immediate supervision of a licensed supervisor as established by the provisions of this chapter and by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act

-A master plumber shall produce satisfactory evidence that the applicant: (A) has been a licensed journeyman plumber for at least two years and had two years of supervisory experience as a licensed journeyman plumber in accordance with division rule; (B) has received at least an associate of applied science degree or similar degree following the completion of a course of study approved by the division and had one year of supervisory experience as a licensed journeyman plumber in accordance with division rule; or (C) meets the qualifications [determined by the division in collaboration with the board to be equivalent to Subsection (3)(a)(i)(A) or (B).] for expedited licensure as established by rules made by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge and skills to be a licensed master plumber. –
-

-58-55-302.5. Continuing education requirements for contractor licensees -- Continuing education courses. (1) (a) Each contractor licensee under a license issued under this chapter shall complete six hours of approved continuing education during each two-year renewal cycle established by rule under Subsection 58-55-303(1). (b) Each contractor licensee who has a renewal cycle that ends on or after January 1, 2020, shall complete one hour of approved continuing education on energy conservation as part of the six required hours. (2) (a) The commission shall, with the concurrence of the division, establish by rule a program of approved continuing education for contractor licensees. (b) Except as provided in Subsection (2)(e), beginning on or after June 1, 2015, only courses offered by any of the following may be included in the program of approved continuing education for contractor licensees: (i) the Associated General Contractors of Utah; (ii) Associated Builders and Contractors, Utah Chapter; (iii) the Home Builders Association of Utah; (iv) the National Electrical Contractors Association Intermountain Chapter; (v) the Utah Plumbing & Heating Contractors Association; (vi) the Independent Electrical Contractors of Utah; (vii) the Rocky Mountain Gas Association; (viii) the Utah Mechanical Contractors Association; - 29 - HB0187S01 compared with HB0187 (ix) the Sheet Metal Contractors Association; (x) the Intermountain Electrical Association; (xi) the Builders Bid Service of Utah; or (xii) Utah Roofing Contractors Association
Senate First Reading
2nd Sub H.B. 218Building Code AmendmentsRep. Schultz This bill:
▸ incorporates statewide amendments as part of the construction code;
▸ adopts Appendix Q of the 2018 International Residential Code;
▸ adopts, statewide with amendments:
• the 2018 International Building Code, including Appendix J;
• the 2018 International Plumbing Code;
• the 2018 International Mechanical Code;
• the 2018 International Fuel Gas Code;
• the commercial provisions of the 2018 International Energy Conservation Code;
and
• the 2018 International Existing Building Code;
▸ amends statewide amendments to the International Residential Code; and
▸ amends local amendments to the International Building Code for Sandy City.
Senate Rules
H.B. 226Professional Licensing AmendmentsRep. ThurstonThis bill:
• defines terms, including "competency-based licensing requirement";
• allows the director of DOPL to implement competency-based licensing requirements under certain circumstances;
• (i) (A) "Competency-based licensing requirement" means a practical assessment of knowledge and skills that clearly demonstrate a person is prepared to engage in an occupation or profession regulated by this title, and which the director determines is at least as effective as a time-based licensing requirement at demonstrating proficiency and protecting the health and safety of the public.
• (B) "Competency-based licensing requirement" may include any combination of training, experience, testing, or observation.

• For an occupation or profession regulated by this title that has a time-based licensing requirement, the director, after consultation with the appropriate board, may by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, allow an applicant to complete a competency-based licensing requirement as an alternative to completing the time-based licensing requirement.

House 3rd Reading
H.B. 280 1st Sub.Apprenticeship Opportunity AwarenessRep. WinderThis bill:
• creates the position of Commissioner of Apprenticeship Programs within the Department of Workforce Services;
• describes the duties of the commissioner.
• (1) Apprentice" means an individual who has entered into: (a) a written agreement approved by the [Bureau of Apprenticeship and Training] Office of Apprenticeship with an employer or the employer's agent, an association of employers, an organization of employees, or a joint committee representing employers and employees; [or] (b) an apprenticeship that meets [Bureau of Apprenticeship and Training Standards.] Office of Apprenticeship Standards; or (c) an apprenticeship that can be completed at no charge to the participant where the participant learns and works to learn a set of skills that result in the participant qualifying for a state license or certification or earning industry recognized credentials at the completion of the apprenticeship.
• (2) "Commissioner" means the Commissioner of Apprenticeship Programs described in Section 35A-6-105.
• (4) The commissioner shall: (a) promote and educate the public, including high school guidance counselors and potential participants in apprenticeship programs, about apprenticeship programs offered in the state, including apprenticeship programs offered by private sector businesses, trade groups, labor unions, partnerships with educational institutions, and other associations in the state; and cooperate with other state agencies including DOPL.
• Coordinate stakeholders, including the Utah System of Technical Colleges, union and nonunion apprenticeship programs, the Office of Apprenticeship, the State Board of Education, the Utah System of Higher Education, the Department of Commerce, the Division of Occupational and Professional {Licensure}Licensing, and the Governor's Office of Economic Development to improve and promote apprenticeship opportunities in the state;
House 3rd Reading calendar
H.B. 349State Building AmendmentsRep. ChristoffersonThis bill:
▸ shifts responsibility for prioritizing capital improvements in state buildings from the State Building Board to the Division of Facilities Construction and Management;
- allows the director of the Division of Facilities Construction and Management to use project reserve funds for emergency capital improvement projects;
▸ enacts provisions relating to the Division of Facilities Construction and Management's:
• prioritization of capital improvement requests from state agencies which includes:
In prioritizing capital improvements, the division shall allocate at least 90% of the funds that the Legislature appropriates for capital improvements to:
(i) projects that address:
(A) a structural issue;
(B) fire safety;
(C) a code violation; or
(D) any issue that impacts health and safety;
(ii) projects that upgrade:
(A) an HVAC system;
(B) an electrical system;
(C) essential equipment;
(D) an essential building component; or
(E) infrastructure, including a utility tunnel, water line, gas line, sewer line, roof,parking lot, or road
• establishing and charging lease rates for state agencies' use and occupancy of state buildings;
▸ enacts provisions relating to the establishment of line items for money appropriated to state agencies for lease payments; and
▸ repeals obsolete language.
House Rules
H.B. 390Workplace Protection AmendmentsRep. Hutchings This bill:
▸ amends the definition of "employer" as “ a person employing [15] one 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”.;
▸ permits certain claims involving employers with fewer than 15 employees to proceed to an evidentiary hearing without a division investigation;
▸ provides additional remedies for claims involving employers with fewer than 15 employees, including: “(8) If, upon reviewing all the evidence at the hearing, the presiding officer finds that a respondent has engaged in a discriminatory or prohibited employment practice, the presiding officer shall issue an order requiring the respondent to:
(a) cease any discriminatory or prohibited employment practice; and
(b) provide relief to the complaining party, including:
(i) (A) reinstatement; or
(B) front pay for up to two years, if the respondent employs fewer than 15 employees
and the front pay is awarded in lieu of reinstatement;
(ii) back pay and benefits;
(iii) attorney fees; [and]
(iv) costs[.]; and
(v) if the respondent employs fewer than 15 employees, additional damages described under 42 U.S.C. Sec. 1981a, in an amount not to exceed $25,000.;
▸ removes provisions establishing an exclusive remedy for certain employment discrimination claims, including deletion of
▸ permits certain people to commence an action for civil enforcement of a final order under the Utah Antidiscrimination Act including:
(1) The commission or the attorney general at the request of the commission shall, or a person whose interests are directly impaired or threatened by the failure of the commission to enforce an order may, commence an action under Section 63G-4-501 for civil enforcement of a final order of the commission issued under Section 34A-5-107
Leg. Research
H.B. 395State Construction Registry AmendmentsRep. RobertsThis bill:
amends and enacts provisions related to notices filed with the State Construction Registry.
Highlighted Provisions:
This bill:
▸ amends definitions;
▸ expands the applicability of a notice of intent to complete to include additional construction projects;
▸ creates a new filing with the registry for a notice of intent to finance;
▸ creates new registry filings of a progress waiver and a final lien waiver for a subcontractor to respond to a notice of intent to finance, specifically requires:
(1) Within seven business days after a notice of intent to finance is filed under Section 38-1a-603 on a project property, each subcontractor that has filed a preliminary notice pertaining to the project property shall file with the registry:
(a) a progress waiver, if the subcontractor is owed money under the contract, or if the subcontractor anticipates performing additional services under the contract; or
(b) a final lien waiver, if the subcontractor has performed all anticipated services under the contract, and has been paid for all services performed under the contract.
(2) (a) A progress waiver under Subsection (1) shall include the amount owed to the subcontractor as of the date of the filing.
(b) The progress waiver shall state whether the amount indicated is an estimate or the final amount owed, plus any retainage amount.
(c) The progress waiver may state that no amount is currently owed.
(3) The final lien waiver under Subsection (1) shall:
(a) include a statement that all anticipated services under the contract have been completed;
(b) that no amount is owed under the contract; and
(c) whether any retainage amount is outstanding.
(4) If a subcontractor fails to file a progress waiver or final lien waiver as required in this section, the subcontractor is precluded from claiming or recording a lien against the subject property.
S.B, 41Interest Deduction AmendmentsSen. McCayThis bill:
enacts a subtraction to unadjusted income of a corporate taxpayer, adjusted gross
income of an individual income taxpayer, and unadjusted income of a resident or
nonresident estate or trust for the amount of any business interest to the extent the
amount is not allowed as a deduction on a federal income tax return for the taxable
year;
enacts an addition to unadjusted income of a corporate taxpayer, adjusted gross
income of an individual income taxpayer, and unadjusted income of a resident or
nonresident estate or trust for the amount of any business interest that has been
deducted on a Utah tax return to the extent the amount is carried forward to a
succeeding taxable year as a deduction on a federal income tax return;
Senate Revenue and Taxation Committee
S.B, 76Worker’s Compensation AmendmentsSen. Mayne This bill:
repeals provisions authorizing the Labor Commission to award attorney fees;
defines terms;
• in certain workers' compensation cases, authorizes the Labor Commission to award an add-on fee to a claimant to be paid by the workers' compensation insurance carrier; and
• if the Labor Commission awards an add-on fee, establishes the amount of the add-on fee as follows:
• (a) the Lessor of 25% of the medical expenses the commission awards to the claimant, or $25,000 for a case that is resolved at the commission level;
• (b) the lessor of 30% of the medical expenses the Utah Court of Appeals awards to the claimant, or $30,000 for a case that is resolved on appeal before the Utah Court of Appeals; or
• (c) the lessor of 35% of the medical expenses that the Utah Supreme Court awards to the claimant, or $35,000 for a case that is resolved on appeal before the Utah Supreme Court.
PASSED
Sen. 133Oppressive Conduct in Closely Held CorporationSen. CullimoreThis bill:
▸     creates a cause of action for oppressive conduct toward a shareholder of a closely
 held corporation; and
▸     establishes a remedy.
 (1) "Oppressive conduct" means a continuing course of conduct, a significant action, or
a series of actions that substantially interferes with the interests of a shareholder as a
 shareholder.
 (2) "Oppressive conduct" may include:
       (a) termination of a shareholder's employment; or
       (b) limitations on a shareholder's employment benefits to the extent that the limitations interfere with distributions or other shareholder interests disproportionately as to the affected shareholder.
 (3) "Oppressive conduct" does not include an action allowed by an agreement, the
 corporation's articles of incorporation, the corporation's bylaws, or a consistently applied
 written corporate policy or procedure.

 Creates a private cause of action remedy.
Sen. 2nd Reading Calendar
S.B. 136Scholarships for Career and Technical EducationSen. GroverThis bill:
- creates a scholarship for individuals to enroll in career and technical education programs at certain institutions of higher education;
▸ enacts provisions related to a scholarship, including provisions related to:
• eligibility for a scholarship;
• the amount of a scholarship; and
• the duration of a scholarship, including the circumstances under which an institution of higher education may cancel a scholarship; and
▸ requires the State Board of Regents to:
• make rules; and
• designate certain programs as high demand programs.
Senate 2nd Reading Calendar
S.B. 138Utah Apprenticeship ActSen. Anderegg This bill:
▸     modifies the membership of the Talent Ready Utah Board;
▸     creates an apprentice pilot program in the Talent Ready Utah Center;
▸     describes the elements and reporting requirements of an apprentice program

-adds Director of DOPL to the Board;

 (2) The elements of an apprentice program described in this part may include:
       (a) partnering with private businesses to offer apprentice positions to high school
 students;

      (b) the center soliciting participation from businesses in various sectors, such as
advanced manufacturing, information technology, financial services, business operations, and health care;
       (c) the center in partnership with the State Board of Education soliciting the participation of local education agencies and students;
      (d) students selected for apprentice positions spending part of the students' week
learning at school and part of the week learning at a job with a private business;
      (e) the center in partnership with the State Board of Education collaborating with
private businesses to ensure that offered apprenticeships provide career competencies and stackable credentials so that the skills apprentices are developing prepare them for the job market;
Senate 2nd Reading Calendar
S.B. 156Construction Trade Licensing AmendmentsSen. MayneThis bill:
▸ creates a certification for fire sprinkler fitting granted by the Division of Occupational and Professional Licensing;
▸ describes the requirements to receive a certification in fire sprinkler fitting;
The work and scope of practice is the
installation, repair, maintenance, or replacement of an automatic fire sprinkler system. Before a licensee may perform the work described in Subsection (4)(a), the licensee shall obtain a certification in fire sprinkler fitting from thedivision by providing evidence to the division that the licensee has met the following requirements:
(i) (A) completing a Department of Labor federally approved apprentice training program; or
(B) completing two-years experience under the immediate supervision of a licensee who has obtained a certification in fire sprinkler fitting; and
(ii) passing the Star fire sprinkle fitting mastery examination offered by the National Inspection Testing and Certification Corporation or an equivalent examination approved by the division.
Senate 2nd Reading
S.B. 158Occupational and Professional LicensureSen. HarperThis bill:
▸ defines "health or safety of the public" to include protecting against physical injury, property damage, or financial harm of the public
Sen. 2nd Reading
Sen. 159Workforce Services AmendmentsSen. WeilerThis bill:
▸ gives the Office of Child Care rulemaking authority to govern the funds given for subsidy payments on behalf of eligible children and funds given to child care
providers;
▸ modifies requirements related to the Permanent Community Impact Fund;
▸ broadens the rulemaking authority of the Permanent Community Impact Fund Board;
▸ eliminates two restricted accounts no longer in use;
▸ extends the repeal data of a provision allowing the sharing of certain information with the Wage and Hour Division of the United States Department of Labor.
Sen. Consent Calendar

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