2017 UTAH LEGISLATIVE SESSION BILL TRACKER

The Utah State Legislature wrapped the 2017 General Legislative Session on March 9th with no shortage of proposals affecting the construction industry. All told, some 740 pieces of legislation proposed this session were closely scrutinized. The UMCA was actively engaged this session with 18 pieces of legislation being lobbied or tracked throughout the 45 days. Of the 18 bills, the UMCA supported nine that passed, opposed two that failed and remained neutral on seven with four passing and three failing. To review a detailed summary and status of these bills please (click here). The UMCA appreciates the efforts and dedication of Rob Jolley & Jodi Hart of RRJ Consulting, John L. Young of Young-Hoffman LLC and Robert Bergman.

NUMBERTITLESPONSORSUMMARYSTATUSUMCA POSITION
HB 37 S01State Construction Code AmendmentsSchultzThis bill:
• amends a provision related to residential installation of electrical outlets;
• amends a provision related to drainage systems;
• amends a provision related to the installation of passive radon controls; and
• amends a provision related to natural gas-fired water heater emissions.
PASSEDSUPPORT
HB 81Post Employment Restrictive CovenantsGreeneThis Bill restricts employment restrictive covenants as follows :
• On or after May 10, 2016, an employer and an employee may not enter into a post-employment restrictive covenant for a period of more than one year from the day on which the employee is no longer employed by the employer.
• An employer may not enforce a post-employment restrictive covenant against an employee if:
(i) at the time the post-employment restrictive covenant is executed, the employee:
(A) is employed by the employer; and
(B) does not receive new consideration such as an increase in wages or a promotion; or
(ii) without cause, the employer terminates the employment of the employee within one year of the date on which the employee executes the post-employment restrictive covenant.
• Continuation of employment of an existing employee is not consideration for a post-employment restrictive covenant.
• If the employer commences an action to enforce the Agreement and does not prevail, the employer is liable to the employee for all costs, attorney’s fees and three time actual damages.
FAILEDOPPOSE
HB 153Uninsured and Underinsured Motorist Coverage AmendmentsKennedyThis bill:
• disallows a person from rejecting uninsured and underinsured motorist coverage if that person:
• employs an employee; and
• the employee drives a vehicle insured by the employer; and
• makes technical changes.
FAILEDOPPOSE
HB 273Construction Trades Licensing Penalty Periods AmendmentsRayThis Bill amends the provisions related to Unlawful Conduct by adding:
• Notwithstanding Subsection (1), (2), (3), or (4), the division may not take an enforcement action against a licensee under this section, on the basis that the division previously issued the licensee a citation for unlawful conduct under Subsection 58-55-501(3), five years or more after the day on which the division issued the citation.
PASSEDNEUTRAL
HB 281Construction and Fire Codes AmendmentsRayThis bill:
• repeals, for certain municipalities in the state, provisions related to structural requirements for fire safety, fire notification systems, and fire suppression systems; (ii) If a political subdivision adopts International Fire Code Appendix B, the political subdivision may not require: (A) a subdivision of structures built in accordance with the International Residential Code to have a fire flow rate that is greater than 2000 gallons per minute;(B) an individual structure built in accordance with the International Residential Code to have a fire flow rate greater than that required under Subsection 15A-5-203(1)(a); or (C) a one- or two-family dwelling or a town home to have a fire sprinkler system, except in accordance with Section 15A-5-203.
• Repeals a provision in Section 15A-4-105 for Park City that required Approved automatic sprinkler systems in new buildings and structures having three(3) or more dwelling units rented or leased, including condominiums or other separate ownership.
• Amends Section 15A-4-107 applicable to Sandy City by providing that One and two-family dwellings are exempt from installation of fire suppression systems if built in accordance with Section 15A-5-203."
• repeals, for certain municipalities in the state, a provision related to structures intended to store farm animals.
PASSEDNEUTRAL
HB 313Licensure ChangesSchultzThis bill:
• defines terms related to certain plumbing and electrical contractors under the act;
• No exam required for licensure of apprentice electrician, plumber or specialty contractor;
• No employment experience required for licensure of specialty contractor;
• modifies the testing and work experience requirements for licensure as a specialty Contractor under the act; and
• makes technical changes
PASSED SUPPORT
HB 331Occupational Licensing AmendmentsThurstonThis 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 or in another country;
• It provides that the Division can issue a license if:
• (a) the division determines the education, experience, and examination requirements
[are, or were] of the state, district, or territory of the United States or the foreign country, at the
time the license was issued, were substantially equal to the current requirements of this state[.];
or
(b) 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 or in the foreign country 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.

FAILEDNEUTRAL
HB 351Continuing Education AmendmentsDuckworthThis bill:
• provides that approved continuing education courses for contractors may include certain out-of-state courses.
FAILEDNEUTRAL
HB 398Procurement Code AmendmentsFroerer• This bill:
• modifies the stated purposes of the Utah Procurement Code;
• enacts and modifies definitions applicable to the Utah Procurement Code including: (17) "Construction subcontractor" (a) means a person under contract with a contractor or another subcontractor to provide services or labor for construction design or construction;
(b) includes a trade contractor or specialty contractor; and
(c) does not include a supplier who provides only materials, equipment, or supplies to a contractor or subcontractor for a construction project.
• modifies a provision relating to public notice, including: (7) (a) It is the responsibility of a person seeking information provided by a public notice under this section to seek out, find, and respond to a public notice issued by a procurement unit.
(b) As a courtesy and in order to promote competition, a procurement unit may provide, but is not required to provide, individual notice.
• modifies minimum experience requirements for the chief procurement officer;
• modifies language relating to the bidding process and request for proposals process, including: (2) An invitation for bids shall:
(a) state the period of time during which bids will be accepted;
(b) describe the manner in which a bid shall be submitted;
(c) state the place where a bid shall be submitted; and
(d) include, or incorporate by reference:
(i) to the extent practicable, a full description of the procurement items sought and the full scope of work ;
• clarifies the use of multiple award contracts in the bidding process and request for proposals process;
• clarifies provisions involving the terms "responsible" and "responsive";
• modifies language relating to the situations where the use of a request for proposals process is appropriate, including: 63G-6a-702. Contracts awarded by request for proposals.
(1) The division or a procurement unit with independent procurement authority may award a contract for a procurement item by the request for proposals process, in accordance
with the rules of the applicable rulemaking authority.
(2) (a) The request for proposals [standard procurement] process is appropriate for a
procurement unit to use [for] in selecting the proposal that provides the best value or is the
most advantageous to the procurement unit, including when :
(i) the procurement involves a contract whose terms and conditions are to be negotiated
in order to achieve the result that is the most advantageous to the procurement unit;
• (b) The types of procurements for which it is appropriate to use the request for proposals process include:
(i) a procurement of professional services; and
(ii) a procurement of design-build or construction manager/general contractor services.
• repeals and reenacts a provision relating to best and final offers including:
• Best and Final Offer:
(a) may be used only in a request for proposals process, whether the request for proposals process is used independently or after the establishment of an approved vendor list through the approved vendor list process; and
(b) may not be used in any other standard procurement process, whether the other
standard procurement process is used independently or after the establishment of an approved vendor list through the approved vendor list process.
• modifies a provision relating to a determination concerning a contract extension;
• modifies a provision relating to a determination of nonresponsibility;
• eliminates an appeal to the procurement appeals panel for a debarment or suspension;
• modifies provisions relating to protests and appeals of protestdecisions;
• makes it unlawful for a person to divide a single procurement in order to avoid the Use of a standard procurement process and for a person to harass a public officer or employee involved in the procurement process;
• modifies language relating to the consequence of failing to report unlawful conduct and
• makes technical changes.
PASSEDSUPPORT
SB 47Continuing Education or ContractorsMayneThis bill modifies the list of approved providers to include the Masonry CouncilFAILEDNEUTRAL
SB 53Lis PendinsWeilerThis bill amends the Lis Pendins statute to exclude construction and oil, gas, and mining liens from the general lis pendins requirements due to notice requirements specified within those statutes..
• [Under present law, when a lien foreclosure action is filed in court, contractors must simultaneously file with the County Recorder a Notice of Lis Pendins, which provides record title notice of the pending litigation]
PASSEDNEUTRAL
SB 62Worker's Compensation WaiversMayneThis bill adds alternative documents that may be filed with the application for a waiver to include an advertisement of services showing the business entity's name and contact information:
(i) in a newspaper of general circulation
(ii) in a telephone directory
(iii) on a website or social media; or
(iv) in a trade magazine.
PASSEDSUPPORT
SB 92Worker's Compensation Fund RevisionsBrambleThis bill:
repeals the statute creating the Workers' Compensation Fund; removes statutory references to the Workers' Compensation Fund; addresses the obligation to write workers' compensation insurance and residual market mechanisms; provides for the Workers' Compensation Fund's transition to a mutual corporation; modifies membership on the workers' compensation advisory council; addresses methods to obtain workers' compensation insurance; amends the provision addressing penalty for failure to obtain workers' compensation; modifies the provision addressing exemptions for employees temporarily in state; addresses continuing education requirements for contractor licensees; and makes technical and conforming amendments.
PASSEDSUPPORT
SB 133Procurement Fund RevisionsBrambleThis bill:
repeals the statute creating the Workers' Compensation Fund; removes statutory references to the Workers' Compensation Fund; addresses the obligation to write workers' compensation insurance and residual market mechanisms; provides for the Workers' Compensation Fund's transition to a mutual corporation; modifies membership on the workers' compensation advisory council; addresses methods to obtain workers' compensation insurance; amends the provision addressing penalty for failure to obtain workers' compensation; modifies the provision addressing exemptions for employees temporarily in state; addresses continuing education requirements for contractor licensees; and makes technical and conforming amendments.
PASSEDSUPPORT
SB 170Workers Compensation WorkgroupMayneThis bill:
creates the Workers' Compensation Workgroup;

establishes the workgroup's membership, chair, and duties;

addresses member compensation; and

requires the workgroup to present a final report.
PASSEDSUPPORT
SB 184Division of Occupational and Professional LicensingIpsonThis bill:
• Applies to Professional engineers;
• provides rulemaking authority to the Division of Occupational and Professional Licensing (DOPL) related to defining unprofessional conduct under the act;
• modifies DOPL's citation authority to include unprofessional conduct under the act's.
PASSEDSUPPORT
SB 187 1st Sub.Construction Trade AmendmentsBuxtonThe Bill amend the Utah Retention statue [13-8-5] by:
• Adding a definition "Construction project" means an improvement to real property that is the subject of
a construction contract.
• Amends time when retention is to be relaesed in section 5(c) as follows: (5) Any retention proceeds retained or withheld pursuant to this section and any
accrued interest shall be released pursuant to a billing statement from the contractor within 45 days from the later of: (c) the date that a public agency or building inspector that has the authority to issue a certificate of occupancy does not issue the certificate but permits partial or complete occupancy or use of a construction project;
• And amends section 6 as follows: (6) If only partial occupancy of a construction project is permitted, any retention proceeds withheld and retained pursuant to this section and any accrued interest shall be partially released within 45 days under the same conditions as provided in Subsection (5) in direct proportion to the value of the part of the construction project occupied or used.
• The Bill amends the Construction lien statute by adopting the interest rate recoverable on lien claims to be as set forth in UCA 15-1-1(2).
• (1) Subject to Subsection (2), the interest rate that applies to a lawful contract for preconstruction service or construction work on or for a project property, or to a lien claimed under this chapter against the project property, is, unless otherwise provided in the lawful contract, the rate described in Subsection 15-1-1(2).
• (2) If a person that claims a lien against project property under this chapter is not in privity of contract with the owner or owner-builder, the interest rate that applies to the person's lien may not exceed the rate described in Subsection 15-1-1(2).

PASSEDSUPPORT
SB 212Professional Licensing AmendmentsHarperThis bill:
• defines terms;
• modifies the responsibilities of the Occupational and Professional Licensure Review Committee; and 15
• makes technical changes.
PASSEDNEUTRAL

iStock_000022091255_Double_med

Top Issues for the 2017 Utah Legislative Session will be identified as the session approaches.


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 *