H.B. 209

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Feb 18, 2004 at 11:59 AM by rday. --> 1

LICENSING OF PLUMBING AND
2 ELECTRICAL TRADES
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Stephen D. Clark
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions of the Utah Construction Trades Licensing Act related to
10 the Construction Services Commission.
11 Highlighted Provisions:
12 This bill:
13 . modifies the functions of the Construction Services Commission to include making
14 rules for examination requirements and the administration of examinations to
15 licensee applicants;
16 . increases the commission's membership from seven to nine members; and
17 . makes certain technical changes.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 58-55-103, as enacted by Chapter 241, Laws of Utah 2002
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 58-55-103 is amended to read:

28 58-55-103. Construction Services Commission created -- Functions --
29 Appointment -- Qualifications and terms of members -- Vacancies -- Expenses --
30 Meetings.
31 (1) (a) There is created within the division the Construction Services Commission.
32 (b) The commission shall:
33 [(a)] (i) with the concurrence of the director, make reasonable rules under Title 63,
34 Chapter 46a, Utah Administrative Rulemaking Act, to administer and enforce this chapter
35 which are consistent with this chapter including:
36 [(i)] (A) licensing of various licensees;
37 [(ii)] (B) examination requirements and administration of the examinations, to include
38 approving and establishing a passing score for applicant examinations;
39 [(iii)] (C) standards of supervision for students or persons in training to become
40 qualified to obtain a license in the trade they represent; and
41 [(iv)] (D) standards of conduct for various licensees;
42 [(b)] (ii) approve or disapprove fees adopted by the division under Section 63-38-3.2 ;
43 [(c)] (iii) except where the boards conduct them, conduct all administrative hearings not
44 delegated to an administrative law judge relating to the licensing of any applicant;
45 [(d)] (iv) except as otherwise provided in Sections 38-11-207 and 58-55-503 , with the
46 concurrence of the director, impose sanctions against licensees and certificate holders with the
47 same authority as the division under Section 58-1-401 ;
48 [(e)] (v) advise the director on the administration and enforcement of any matters
49 affecting the division and the construction industry;
50 [(f)] (vi) advise the director on matters affecting the division budget;
51 [(g)] (vii) advise and assist trade associations in conducting construction trade seminars
52 and industry education and promotion; and
53 [(h)] (viii) perform other duties as provided by this chapter.
54 (2) (a) Initially the commission shall be comprised of the five members of the
55 Contractors Licensing Board and two of the three chair persons from the Plumbers Licensing
56 Board, the Alarm System Security and Licensing Board, and the Electricians Licensing Board.
57 (b) The terms of office of the commission members who are serving on the Contractors
58 Licensing Board shall continue as they serve on the commission. [The]

59 (c) Beginning July 1, 2004, the commission shall be comprised of [seven] nine
60 members appointed by the executive director with the approval of the governor from the
61 following groups:
62 [(a)] (i) one member shall be a licensed general engineering contractor;
63 [(b)] (ii) one member shall be a licensed general building contractor;
64 [(c)] (iii) two members shall be licensed residential and small commercial contractors;
65 [(d) two] (iv) three members shall be [two of] the three chair persons from the
66 Plumbers Licensing Board, the Alarm System Security and Licensing Board, and the
67 Electricians Licensing Board[, with the contingency that they will rotate in succession every
68 two years among the three chair persons]; and
69 [(e) one member] (v) two members shall be from the general public, provided,
70 however that the certified public accountant on the Contractors Licensing Board will continue
71 to serve until the current term expires, after which [this one member] both members under this
72 Subsection (2)(c)(v) shall be appointed from the general public.
73 (3) (a) Except as required by Subsection (3)(b), as terms of current commission
74 members expire, the [governor] executive director S WITH THE APPROVAL OF THE GOVERNOR s
74a shall appoint each new member or
75 reappointed member to a four-year term ending June 30.
76 (b) Notwithstanding the requirements of Subsection (3)(a), the [governor] executive
77 director S WITH THE APPROVAL OF THE GOVERNOR s shall, at the time of appointment or
77a reappointment, adjust the length of terms to stagger
78 the terms of commission members so that approximately [one-half] 1/2 of the commission
79 members are appointed every two years.
80 (c) A commission member may not serve more than two consecutive terms.
81 (4) The commission shall elect annually one of its members as chair, for a term of one
82 year.
83 (5) When a vacancy occurs in the membership for any reason, the replacement shall be
84 appointed for the unexpired term.
85 (6) (a) Members [shall] may not receive [no] compensation or benefits for their
86 services, but may receive per diem and expenses incurred in the performance of the members'
87 official duties at the rates established by the Division of Finance under Sections 63A-3-106 and
88 63A-3-107 .
89 (b) Members may decline to receive per diem and expenses for their service.

90 (7) (a) The commission shall meet at least monthly unless the director determines
91 otherwise.
92 (b) The director may call additional meetings at the director's discretion, upon the
93 request of the chair, or upon the written request of [three] four or more commission members.
94 (8) (a) [Four] Five members constitute a quorum for the transaction of business.
95 (b) If a quorum is present when a vote is taken, the affirmative vote of commission
96 members present is the act of the commission.
97 (9) The commission shall comply with the procedures and requirements of Title 13,
98 Chapter 1, Department of Commerce, and Title 63, Chapter 46b, Administrative Procedures
99 Act, in all of its adjudicative proceedings.




Legislative Review Note
as of 1-7-04 1:12 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel