Mr. President:
The Business and Labor Committee reports a favorable recommendation on S.B. 186,
CONTRACTOR LICENSING AND CONTINUING EDUCATION AMENDMENTS, by
Senator W. Harper, with the following amendments:
a
construction
Respectfully,
Curtis S. Bramble
Voting: 6-0-1
1. Page
1, Line 22 through Page 2, Line 31
:
22
Utah Code Sections Affected:
23
AMENDS:
24
58-55-102
, as last amended by Laws of Utah 2013, Chapter 36
25
58-55-302
, as last amended by Laws of Utah 2013, Chapters 57, 426, and 430
26
58-55-303
, as last amended by Laws of Utah 2013, Chapter 57
}
27
58-55-305
, as last amended by Laws of Utah 2013, Chapters 430 and 449
28
58-55-501
, as last amended by Laws of Utah 2013, Chapter 57
}
29
58-55-503
, as last amended by Laws of Utah 2013, Chapter 57
30
31
58-55-302.5
, as last amended by Laws of Utah 2013, Chapter 430
}
2. Page
22, Line 654 through Page 23, Line 695
:
654
Section 3.
Section
58-55-303
is amended to read:
655
58-55-303. Term of license -- Expiration -- Renewal.
656
(1) (a) Each license issued under this chapter shall be issued in accordance with
657
two-year renewal cycle established by rule.
658
(b) The division may by rule extend or shorten a renewal period by as much as one year
659
to stagger the renewal cycle it administers.
660
(c) (i) Notwithstanding a renewal cycle under Subsection (1)(a) or (b), notwithstanding
661
Title 63G, Chapter 4, Administrative Procedures Act, and subject to Subsection (1)(c)(ii), a
662
license is automatically suspended 60 days after the licensee:
663
(A) becomes, after the time of licensing, an unincorporated entity that is subject to the
664
ownership status report filing requirements of Subsection
665
(B) transfers its license to an unincorporated entity that is subject to the ownership
666
status report filing requirements of Subsection
58-55-302
(10)(a)(i).
667
(ii) An automatic suspension does not occur under Subsection (1)(c)(i) if, before the
668
expiration of the 60-day period in Subsection (1)(c)(i):
669
(A) the licensee submits an application for renewal of the license; and
670
(B) the division renews the licensee's license pursuant to the licensee's application for
671
renewal.
672
(iii) Within 30 days after the effective date of a suspension under Subsection (1)(c)(i),
673
the commission shall, in accordance with Title 63G, Chapter 4, Administrative Procedures Act,
674
make a final determination concerning the suspension.
675
(2) At the time of renewal, the licensee shall show satisfactory evidence of:
676
(a) continuing financial responsibility as required under Section
58-55-306
; and
677
[(b) for a contractor licensee, completion of six hours of approved continuing
678
education, as required in Section
58-55-302.5
; and]
679
[(c)] (b) if the licensee is an apprentice electrician or plumber, journeyman electrician
680
or plumber, master electrician or plumber, residential journeyman electrician or plumber, or
681
residential master electrician or plumber, completion of the number of hours of continuing
682
education specified under Section
58-55-302.7
.
683
(3) Each license automatically expires on the expiration date shown on the license
684
unless the licensee renews the license in accordance with Section
58-1-308
.
685
(4) The requirements of Subsection
58-55-302
(9) shall also apply to applicants seeking
686
to renew or reinstate a license.
687
(5) In addition to any other requirements imposed by law, if a license has been
688
suspended or revoked for any reason, the applicant:
689
(a) shall pay in full all fines imposed by the division;
690
(b) resolve any outstanding citations or disciplinary actions with the division;
691
(c) satisfy any Section
58-55-503
judgment and sentence or nontrial resolution;
692
(d) complete a new financial responsibility review as required under Section
693
58-55-306
, using only titled assets; and
694
(e) pay in full any reimbursement amount as provided in Title 38, Chapter 11,
695
Residence Lien Restriction and Lien Recovery Fund Act.
}
Renumber remaining sections accordingly.
3. Page
27, Line 833 through Page 31, Line 941
:
Section 5.
Section
58-55-501
is amended to read:
834
58-55-501. Unlawful conduct.
835
Unlawful conduct includes:
836
(1) engaging in a construction trade, acting as a contractor, an alarm business
or
837
company, or an alarm company agent, or representing oneself to be engaged in a
construction
838
trade or to be acting as a contractor in a construction trade requiring licensure,
unless the
839
person doing any of these is appropriately licensed or exempted from licensure
under this
840
chapter;
841
(2) acting in a construction trade, as an alarm business or company, or as an
alarm
842
company agent beyond the scope of the license held;
843
(3) hiring or employing in any manner an unlicensed person, other than an
employee
844
for wages who is not required to be licensed under this chapter, to engage in a
construction
845
trade for which licensure is required or to act as a contractor or subcontractor in a
846
trade requiring licensure;
847
(4) applying for or obtaining a building permit either for oneself or another
when not
848
licensed or exempted from licensure as a contractor under this chapter;
849
(5) issuing a building permit to any person for whom there is no evidence of a
current
850
license or exemption from licensure as a contractor under this chapter;
851
(6) applying for or obtaining a building permit for the benefit of or on behalf of
any
852
other person who is required to be licensed under this chapter but who is not
licensed or is
853
otherwise not entitled to obtain or receive the benefit of the building permit;
854
(7) failing to obtain a building permit when required by law or rule;
855
(8) submitting a bid for any work for which a license is required under this
chapter by a
856
person not licensed or exempted from licensure as a contractor under this chapter;
857
(9) willfully or deliberately misrepresenting or omitting a material fact in
connection
858
with an application to obtain or renew a license under this chapter;
859
(10) allowing one's license to be used by another except as provided by statute
or rule;
860
(11) doing business under a name other than the name appearing on the
license, except
861
as permitted by statute or rule;
862
(12) if licensed as a specialty contractor in the electrical trade or plumbing
trade,
863
journeyman plumber, residential journeyman plumber, journeyman electrician,
master
864
electrician, or residential electrician, failing to directly supervise an apprentice
under one's
865
supervision or exceeding the number of apprentices one is allowed to have under the
speciality
866
contractor's supervision;
867
(13) if licensed as a contractor or representing oneself to be a contractor,
receiving any
868
funds in payment for a specific project from an owner or any other person, which
funds are to
869
pay for work performed or materials and services furnished for that specific
project, and after
870
receiving the funds to exercise unauthorized control over the funds by failing to pay
the full
871
amounts due and payable to persons who performed work or furnished materials or
services
872
within a reasonable period of time;
873
(14) employing an unlicensed alarm business or company or an unlicensed
individual
874
as an alarm company agent, except as permitted under the exemption from licensure
provisions
875
under Section
58-1-307
;
876
(15) if licensed as an alarm company or alarm company agent, filing with the
division
877
fingerprint cards for an applicant which are not those of the applicant, or are in any
other way
878
false or fraudulent and intended to mislead the division in its consideration of the
applicant for
879
licensure;
880
(16) if licensed under this chapter, willfully or deliberately disregarding or
violating:
881
(a) the building or construction laws of this state or any political subdivision;
882
(b) the safety and labor laws applicable to a project;
883
(c) any provision of the health laws applicable to a project;
884
(d) the workers' compensation insurance laws of the state applicable to a
project;
885
(e) the laws governing withholdings for employee state and federal income
taxes,
886
unemployment taxes, Social Security payroll taxes, or other required withholdings;
or
887
(f) reporting, notification, and filing laws of this state or the federal
government;
888
(17) aiding or abetting any person in evading the provisions of this chapter or
rules
889
established under the authority of the division to govern this chapter;
890
(18) engaging in the construction trade or as a contractor for the construction
of
891
residences of up to two units when not currently registered or exempt from
registration as a
892
qualified beneficiary under Title 38, Chapter 11, Residence Lien Restriction and
Lien Recovery
893
Fund Act;
894
(19) failing, as an original contractor, as defined in Section
38-11-102
, to
include in a
895
written contract the notification required in Section
38-11-108
;
896
(20) wrongfully filing a preconstruction or construction lien in violation of
Section
897
38-1a-308
;
898
[(21) if licensed as a contractor, not completing the approved continuing
education
899
required under Section
58-55-302.5
;]
900
[(22)] (21) an alarm company allowing an employee with a temporary license
under
901
Section
58-55-312
to engage in conduct on behalf of the company outside the scope
of the
902
temporary license, as provided in Subsection
58-55-312
(3)(a)(ii);
903
[(23)] (22) an alarm company agent under a temporary license under Section
58-55-312
904
engaging in conduct outside the scope of the temporary license, as provided in
Subsection
905
58-55-312
(3)(a)(ii);
906
[(24)] (23) (a) an unincorporated entity licensed under this chapter having an
individual
907
who owns an interest in the unincorporated entity engage in a construction trade in
Utah while
908
not lawfully present in the United States; or
909
(b) an unincorporated entity providing labor to an entity licensed under this
chapter by
910
providing an individual who owns an interest in the unincorporated entity to engage
in a
911
construction trade in Utah while not lawfully present in the United States;
912
[(25)] (24) an unincorporated entity failing to provide the following for an
individual
913
who engages, or will engage, in a construction trade in Utah for the unincorporated
entity, or
914
for an individual who engages, or will engage, in a construction trade in Utah for a
separate
915
entity for which the unincorporated entity provides the individual as labor:
916
(a) workers' compensation coverage:
917
(i) to the extent required by Title 34A, Chapter 2, Workers' Compensation Act,
and
918
Title 34A, Chapter 3, Utah Occupational Disease Act; or
919
(ii) that would be required under the chapters listed in Subsection [(25)]
(24)(a)(i) if
920
the unincorporated entity were licensed under this chapter; and
921
(b) unemployment compensation in accordance with Title 35A, Chapter 4,
922
Employment Security Act, for an individual who owns, directly or indirectly, less
than an 8%
923
interest in the unincorporated entity, as defined by rule made by the division in
accordance with
924
Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
925
[(26)] (25) the failure of a sign installation contractor or nonelectrical outdoor
926
advertising sign contractor, as classified and defined in division rules, to:
927
(a) display the contractor's license number prominently on a vehicle that:
928
(i) the contractor uses; and
929
(ii) displays the contractor's business name; or
930
(b) carry a copy of the contractor's license in any other vehicle that the
contractor uses
931
at a job site, whether or not the vehicle is owned by the contractor;
932
[(27)] (26) (a) an unincorporated entity licensed under this chapter having an
individual
933
who owns an interest in the unincorporated entity engage in a construction trade in
the state
934
while the individual is using a Social Security number that does not belong to that
individual;
935
or
936
(b) an unincorporated entity providing labor to an entity licensed under this
chapter by
937
providing an individual, who owns an interest in the unincorporated entity, to
engage in a
938
construction trade in the state while the individual is using a Social Security number
that does
939
not belong to that individual; or
940
[(28)] (27) a contractor failing to comply with a requirement imposed by a
political
941
subdivision, state agency, or board of education under Section
58-55-310
.
}
Renumber remaining sections accordingly.
4. Page
35, Lines 1052 through 1055
:
1052
Section 7. Repealer.
1053
This bill repeals:
1054
Section
58-55-302.5
, Continuing education requirements of contractor licensees
--
1055
Continuing education courses.
}
Committee Chair
3 SB0186.SC1.wpd bhowe/BRH PLA/BNC 2/18/14 2:54 pm
Bill Number