H.B. 288 Workers' Compensation Claims Amendments

Bill Sponsor:

Rep. Ivory, Ken
Floor Sponsor:

Sen. Mayne, Karen
  • Drafting Attorney: Christine R. Gilbert
  • Fiscal Analyst: Thomas E. Young
  • Information
    • Last Action: 19 Mar 2018, Governor Signed
    • Last Location: Lieutenant Governor's office for filing
    • Effective Date: 8 May 2018
    • Session Law Chapter: 225

H.B. 288

1     
WORKERS' COMPENSATION CLAIMS AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ken Ivory

5     
Senate Sponsor: Karen Mayne

6     

7     LONG TITLE
8     General Description:
9          This bill enacts provisions related to claiming workers' compensation benefits.
10     Highlighted Provisions:
11          This bill:
12          ▸     makes it unlawful for an employer to:
13               •     interfere with an employee's ability to seek workers' compensation benefits; or
14               •     retaliate against an employee for seeking workers' compensation benefits; and
15          ▸     provides penalties for violating a provision of this bill.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     ENACTS:
22          34A-2-114, Utah Code Annotated 1953
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 34A-2-114 is enacted to read:
26          34A-2-114. Unlawful interference -- Penalties.
27          (1) An employer may not knowingly or intentionally:
28          (a) impede or diminish an employee's efforts to make a claim or receive workers'
29     compensation benefits under this chapter or Chapter 3, Utah Occupational Disease Act; or
30          (b) intimidate, coerce, or harass an employee with the intent of preventing the
31     employee from making a claim or receiving workers' compensation benefits under this chapter
32     or Chapter 3, Utah Occupational Disease Act.
33          (2) An employer may not suspend, discharge, discipline, threaten to discharge or
34     discipline, or otherwise retaliate against an employee solely because the employee:
35          (a) claims or attempts to claim workers' compensation benefits under this chapter or
36     Chapter 3, Utah Occupational Disease Act;
37          (b) reports an employer's noncompliance with a provision of this chapter or Chapter 3,
38     Utah Occupational Disease Act; or
39          (c) testifies or intends to testify in a workers' compensation proceeding.
40          (3) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the
41     division may impose a fine of up to $5,000 against an employer for each violation of
42     Subsection (1) or (2).
43          (4) The division shall deposit any money collected under this section into the
44     Uninsured Employers' Fund created in Section 34A-2-704.
45          (5) This section does not affect the rights or obligations of an employee or employer
46     under common law.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
DateActionLocationVote
1/31/2018 Bill Numbered but not DistributedLegislative Research and General Counsel
1/31/2018 Numbered Bill Publicly DistributedLegislative Research and General Counsel
2/1/2018 House/ received bill from Legislative ResearchClerk of the House
2/1/2018 House/ 1st reading (Introduced)House Rules Committee
2/5/2018 House/ received fiscal note from Fiscal AnalystHouse Rules Committee
2/6/2018 House/ to standing committeeHouse Business and Labor Committee
2/12/2018 LFA/ fiscal note sent to sponsorHouse Business and Labor Committee
2/12/2018 House/ to Printing with fiscal noteHouse Business and Labor Committee
2/12/2018 House Comm - Substitute Recommendation from # 0 to # 1House Business and Labor Committee9 0 4
2/12/2018 House Comm - Amendment Recommendation # 1House Business and Labor Committee9 0 4
2/12/2018 House Comm - Favorable RecommendationHouse Business and Labor Committee9 0 4
2/12/2018 House Comm - Consent Calendar RecommendationHouse Business and Labor Committee9 0 4
2/13/2018 (10:18:41 AM)House/ comm rpt/ substitute/ amended/ Consent CalHouse Business and Labor Committee
2/13/2018 (10:18:42 AM)House/ 2nd readingHouse Consent Calendar
2/15/2018 (10:28:03 AM)House/ 3rd readingHouse Consent Calendar
2/15/2018 (10:30:58 AM)House/ passed 3rd readingSenate Secretary65 0 10
2/15/2018 (10:31:00 AM)House/ to SenateSenate Secretary
2/16/2018 Senate/ received from HouseWaiting for Introduction in the Senate
2/16/2018 Senate/ 1st reading (Introduced)Senate Rules Committee
2/20/2018 Senate/ to standing committeeSenate Business and Labor Committee
2/21/2018 Senate Comm - Favorable RecommendationSenate Business and Labor Committee5 0 3
2/22/2018 (10:13:49 AM)Senate/ committee report favorableSenate Business and Labor Committee
2/22/2018 (10:13:50 AM)Senate/ placed on 2nd Reading CalendarSenate 2nd Reading Calendar
3/6/2018 (9:45:17 AM)Senate/ 2nd readingSenate 2nd Reading Calendar
3/6/2018 (9:45:36 AM)Senate/ circledSenate 2nd Reading CalendarVoice vote
3/6/2018 (10:02:05 AM)Senate/ uncircledSenate 2nd Reading CalendarVoice vote
3/6/2018 (10:06:11 AM)Senate/ passed 2nd readingSenate 3rd Reading Calendar23 1 5
3/7/2018 (5:04:11 PM)Senate/ 3rd readingSenate 3rd Reading Calendar
3/7/2018 (5:06:07 PM)Senate/ passed 3rd readingSenate President22 0 7
3/7/2018 (5:06:08 PM)Senate/ signed by President/ returned to HouseHouse Speaker
3/7/2018 (5:06:09 PM)Senate/ to HouseHouse Speaker
3/7/2018 House/ received from SenateHouse Speaker
3/7/2018 House/ signed by Speaker/ sent for enrollingLegislative Research and General Counsel / Enrolling
3/13/2018 Bill Received from House for EnrollingLegislative Research and General Counsel / Enrolling
3/13/2018 Draft of Enrolled Bill PreparedLegislative Research and General Counsel / Enrolling
3/15/2018 Enrolled Bill Returned to House or SenateClerk of the House
3/15/2018 House/ enrolled bill to PrintingClerk of the House
3/16/2018 House/ to GovernorExecutive Branch - Governor
3/19/2018 Governor SignedLieutenant Governor's office for filing