H.B. 209 Enrolled

LICENSING OF PLUMBING AND
ELECTRICAL TRADES
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Stephen D. Clark

LONG TITLE
General Description:
This bill modifies provisions of the Utah Construction Trades Licensing Act related to
the Construction Services Commission.
Highlighted Provisions:
This bill:
. modifies the functions of the Construction Services Commission to include making
rules for examination requirements and the administration of examinations to
licensee applicants;
. increases the commission's membership from seven to nine members; and
. makes certain technical changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-55-103, as enacted by Chapter 241, Laws of Utah 2002

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 58-55-103 is amended to read:
58-55-103. Construction Services Commission created -- Functions --
Appointment -- Qualifications and terms of members -- Vacancies -- Expenses _

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

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Licensing Board shall continue as they serve on the commission. [The]
(c) Beginning July 1, 2004, the commission shall be comprised of [seven] nine members
appointed by the executive director with the approval of the governor from the following groups:
[(a)] (i) one member shall be a licensed general engineering contractor;
[(b)] (ii) one member shall be a licensed general building contractor;
[(c)] (iii) two members shall be licensed residential and small commercial contractors;
[(d) two] (iv) three members shall be [two of] the three chair persons from the Plumbers
Licensing Board, the Alarm System Security and Licensing Board, and the Electricians Licensing
Board[, with the contingency that they will rotate in succession every two years among the three
chair persons]; and
[(e) one member] (v) two members shall be from the general public, provided, however
that the certified public accountant on the Contractors Licensing Board will continue to serve
until the current term expires, after which [this one member] both members under this Subsection
(2)(c)(v) shall be appointed from the general public.
(3) (a) Except as required by Subsection (3)(b), as terms of current commission members
expire, the [governor] executive director with the approval of the governor shall appoint each
new member or reappointed member to a four-year term ending June 30.
(b) Notwithstanding the requirements of Subsection (3)(a), the [governor] executive
director with the approval of the governor shall, at the time of appointment or reappointment,
adjust the length of terms to stagger the terms of commission members so that approximately
[one-half] 1/2 of the commission members are appointed every two years.
(c) A commission member may not serve more than two consecutive terms.
(4) The commission shall elect annually one of its members as chair, for a term of one
year.
(5) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(6) (a) Members [shall] may not receive [no] compensation or benefits for their services,
but may receive per diem and expenses incurred in the performance of the members' official duties

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at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(b) Members may decline to receive per diem and expenses for their service.
(7) (a) The commission shall meet at least monthly unless the director determines
otherwise.
(b) The director may call additional meetings at the director's discretion, upon the request
of the chair, or upon the written request of [three] four or more commission members.
(8) (a) [Four] Five members constitute a quorum for the transaction of business.
(b) If a quorum is present when a vote is taken, the affirmative vote of commission
members present is the act of the commission.
(9) The commission shall comply with the procedures and requirements of Title 13,
Chapter 1, Department of Commerce, and Title 63, Chapter 46b, Administrative Procedures Act,
in all of its adjudicative proceedings.

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