This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Thu, Feb 28, 2019 at 11:33 AM by lpoole.
Senator Daniel Hemmert proposes the following substitute bill:


1     
PROFESSIONAL LICENSING AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mike Schultz

5     
Senate Sponsor: Daniel Hemmert

6     Cosponsor:
Mike Winder

7     

8     LONG TITLE
9     General Description:
10          This bill modifies provisions of the Division of Occupational and Professional
11     Licensing Act (the act).
12     Highlighted Provisions:
13          This bill:
14          ▸     modifies licensing by endorsement provisions of the act;
15          ▸     modifies testing, course work, experience, and continuing education requirements
16     for certain contractor licenses;
17          ▸     modifies direct supervision requirements and other licensing requirements for
18     apprentice plumbers and electricians;
19          ▸     authorizes certain surcharge fees for applying for, renewing, or reinstating certain
20     licenses; and
21          ▸     makes technical changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:

25          None
26     Utah Code Sections Affected:
27     AMENDS:
28          58-1-302, as last amended by Laws of Utah 2018, Chapter 198
29          58-55-102, as last amended by Laws of Utah 2018, Chapter 281
30          58-55-201, as last amended by Laws of Utah 2008, Chapter 215
31          58-55-302, as last amended by Laws of Utah 2017, Chapter 411
32          58-55-302.5, as last amended by Laws of Utah 2017, Chapters 363 and 411
33          58-55-305, as last amended by Laws of Utah 2018, Chapter 318
34          63J-1-602.1, as last amended by Laws of Utah 2018, Chapters 114, 347, 430 and
35     repealed and reenacted by Laws of Utah 2018, Chapter 469
36     ENACTS:
37          58-3a-105, Utah Code Annotated 1953
38          58-22-104, Utah Code Annotated 1953
39          58-55-104, Utah Code Annotated 1953
40          58-55-105, Utah Code Annotated 1953
41          58-55-106, Utah Code Annotated 1953
42          58-56-3.5, Utah Code Annotated 1953
43     

44     Be it enacted by the Legislature of the state of Utah:
45          Section 1. Section 58-1-302 is amended to read:
46          58-1-302. License by endorsement.
47          [(1) As used in this section:]
48          [(a) "Domicile" means the place where an individual has a fixed permanent home.]
49          [(b) "Resident" means an individual who:]
50          [(i) has established a domicile in this state;]
51          [(ii) engages in a trade, profession, or occupation in this state, or who accepts
52     employment in other than seasonal work in this state, and who does not commute into the state;
53     and]
54          [(iii) holds an unexpired Utah driver license issued under Title 53, Chapter 3, Part 2,
55     Driver Licensing Act, or an unexpired Utah identification card issued under Title 53, Chapter

56     3, Part 8, Identification Card Act.]
57          [(2)] (1) Subject to Subsections [(3), (4), and (5)] (2), (3), and (4), the division may
58     issue a license without examination to a [resident] person who has been licensed in a state,
59     district, or territory of the United States or in a foreign country if:
60          (a) the division determines the education, experience, and examination requirements of
61     the state, district, or territory of the United States or the foreign country, at the time the license
62     was issued, were substantially equal to the current requirements of this state; or
63          (b) after being licensed outside of this state, the [resident] person has at least one year
64     of experience in the state, district, or territory of the United States where the license was issued,
65     and the division determines the [resident] person has the education, experience, and skills
66     necessary to demonstrate competency in the occupation or profession for which licensure is
67     sought.
68           [(3)] (2) The division, in consultation with the applicable licensing board, may make
69     rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
70     prescribing the requirements of Subsection [(2)] (1).
71          [(4)] (3) Before a resident may be issued a license under this section, the resident shall:
72          (a) pay a fee determined by the department under Section 63J-1-504; and
73          (b) produce satisfactory evidence of the resident's identity, qualifications, and good
74     standing in the occupation or profession for which licensure is sought.
75          [(5)] (4) In accordance with Section 58-1-107, licensure endorsement provisions in this
76     section may be supplemented or altered by licensure endorsement provisions or multistate
77     licensure compacts in specific chapters of this title.
78          Section 2. Section 58-3a-105 is enacted to read:
79          58-3a-105. Surcharge fee.
80          (1) In addition to any other fees authorized by this chapter or by the division in
81     accordance with Section 63J-1-504, the division shall require each applicant for an initial
82     license, renewal of a license, or reinstatement of a license under this chapter to pay a $1
83     surcharge fee.
84          (2) The surcharge fee shall be used by the division to provide each licensee under this
85     chapter with access to an electronic reference library that provides web-based access to
86     national, state, and local building codes and standards.

87          Section 3. Section 58-22-104 is enacted to read:
88          58-22-104. Surcharge fee.
89          (1) In addition to any other fees authorized by this chapter or by the division in
90     accordance with Section 63J-1-504, the division shall require each applicant for an initial
91     license, renewal of a license, or reinstatement of a license under this chapter to pay a $1
92     surcharge fee.
93          (2) The surcharge fee shall be used by the division to provide each licensee under this
94     chapter with access to an electronic reference library that provides web-based access to
95     national, state, and local building codes and standards.
96          Section 4. Section 58-55-102 is amended to read:
97          58-55-102. Definitions.
98          In addition to the definitions in Section 58-1-102, as used in this chapter:
99          (1) (a) "Alarm business or company" means a person engaged in the sale, installation,
100     maintenance, alteration, repair, replacement, servicing, or monitoring of an alarm system,
101     except as provided in Subsection (1)(b).
102          (b) "Alarm business or company" does not include:
103          (i) a person engaged in the manufacture or sale of alarm systems unless:
104          (A) that person is also engaged in the installation, maintenance, alteration, repair,
105     replacement, servicing, or monitoring of alarm systems;
106          (B) the manufacture or sale occurs at a location other than a place of business
107     established by the person engaged in the manufacture or sale; or
108          (C) the manufacture or sale involves site visits at the place or intended place of
109     installation of an alarm system; or
110          (ii) an owner of an alarm system, or an employee of the owner of an alarm system who
111     is engaged in installation, maintenance, alteration, repair, replacement, servicing, or monitoring
112     of the alarm system owned by that owner.
113          (2) "Alarm company agent":
114          (a) except as provided in Subsection (2)(b), means any individual employed within this
115     state by an alarm business; and
116          (b) does not include an individual who:
117          (i) is not engaged in the sale, installation, maintenance, alteration, repair, replacement,

118     servicing, or monitoring of an alarm system; and
119          (ii) does not, during the normal course of the individual's employment with an alarm
120     business, use or have access to sensitive alarm system information.
121          (3) "Alarm system" means equipment and devices assembled for the purpose of:
122          (a) detecting and signaling unauthorized intrusion or entry into or onto certain
123     premises; or
124          (b) signaling a robbery or attempted robbery on protected premises.
125          (4) "Apprentice electrician" means a person licensed under this chapter as an
126     apprentice electrician who is learning the electrical trade under the immediate supervision of a
127     master electrician, residential master electrician, a journeyman electrician, or a residential
128     journeyman electrician.
129          (5) "Apprentice plumber" means a person licensed under this chapter as an apprentice
130     plumber who is learning the plumbing trade under the immediate supervision of a master
131     plumber, residential master plumber, journeyman plumber, or a residential journeyman
132     plumber.
133          (6) "Approved continuing education" means instruction provided through courses
134     under a program established under Subsection 58-55-302.5(2).
135          (7) (a) "Approved prelicensure course provider" means a provider that is Ŝ→ [
approved by
136     the commission with the concurrence of the director
] the Associated General Contractors of Utah,

136a     the Utah Chapter of the Associated Builders and Contractors, or the Home Builders
136b     Association ←Ŝ , and that meets the requirements
137     established by rule by the commission with the concurrence of the director, to teach the
138     25-hour course described in Subsection 58-55-302(1)(e)(iii).
139          (b) "Approved prelicensure course provider" may only include a provider that, in
140     addition to any other locations, offers the 25-hour course described in Subsection
141     58-55-302(1)(e)(iii) at least six times each year in one or more counties other than Salt Lake
142     County, Utah County, Davis County, or Weber County.
143          (8) "Board" means the Electrician Licensing Board, Alarm System Security and
144     Licensing Board, or Plumbers Licensing Board created in Section 58-55-201.
145          (9) "Combustion system" means an assembly consisting of:
146          (a) piping and components with a means for conveying, either continuously or
147     intermittently, natural gas from the outlet of the natural gas provider's meter to the burner of the
148     appliance;

149          (b) the electric control and combustion air supply and venting systems, including air
150     ducts; and
151          (c) components intended to achieve control of quantity, flow, and pressure.
152          (10) "Commission" means the Construction Services Commission created under
153     Section 58-55-103.
154          (11) "Construction trade" means any trade or occupation involving:
155          (a) (i) construction, alteration, remodeling, repairing, wrecking or demolition, addition
156     to, or improvement of any building, highway, road, railroad, dam, bridge, structure, excavation
157     or other project, development, or improvement to other than personal property; and
158          (ii) constructing, remodeling, or repairing a manufactured home or mobile home as
159     defined in Section 15A-1-302; or
160          (b) installation or repair of a residential or commercial natural gas appliance or
161     combustion system.
162          (12) "Construction trades instructor" means a person licensed under this chapter to
163     teach one or more construction trades in both a classroom and project environment, where a
164     project is intended for sale to or use by the public and is completed under the direction of the
165     instructor, who has no economic interest in the project.
166          (13) (a) "Contractor" means any person who for compensation other than wages as an
167     employee undertakes any work in the construction, plumbing, or electrical trade for which
168     licensure is required under this chapter and includes:
169          (i) a person who builds any structure on the person's own property for the purpose of
170     sale or who builds any structure intended for public use on the person's own property;
171          (ii) any person who represents that the person is a contractor, or will perform a service
172     described in this Subsection (13), by advertising on a website or social media, or any other
173     means;
174          (iii) any person engaged as a maintenance person, other than an employee, who
175     regularly engages in activities set forth under the definition of "construction trade";
176          (iv) any person engaged in, or offering to engage in, any construction trade for which
177     licensure is required under this chapter; or
178          (v) a construction manager, construction consultant, construction assistant, or any other
179     person who, for a fee:

180          (A) performs or offers to perform construction consulting;
181          (B) performs or offers to perform management of construction subcontractors;
182          (C) provides or offers to provide a list of subcontractors or suppliers; or
183          (D) provides or offers to provide management or counseling services on a construction
184     project.
185          (b) "Contractor" does not include:
186          (i) an alarm company or alarm company agent; or
187          (ii) a material supplier who provides consulting to customers regarding the design and
188     installation of the material supplier's products.
189          (14) (a) "Electrical trade" means the performance of any electrical work involved in the
190     installation, construction, alteration, change, repair, removal, or maintenance of facilities,
191     buildings, or appendages or appurtenances.
192          (b) "Electrical trade" does not include:
193          (i) transporting or handling electrical materials;
194          (ii) preparing clearance for raceways for wiring; [or]
195          (iii) work commonly done by unskilled labor on any installations under the exclusive
196     control of electrical utilities[.];
197          (iv) work involving cable-type wiring that does not pose a shock or fire-initiation
198     hazard; or
199          (v) work involving class two or class three power-limited circuits as defined in the
200     National Electrical Code.
201          [(c) For purposes of Subsection (14)(b):]
202          [(i) no more than one unlicensed person may be so employed unless more than five
203     licensed electricians are employed by the shop; and]
204          [(ii) a shop may not employ unlicensed persons in excess of the five-to-one ratio
205     permitted by this Subsection (14)(c).]
206          (15) "Elevator" means the same as that term is defined in Section 34A-7-202, except
207     that for purposes of this chapter it does not mean a stair chair, a vertical platform lift, or an
208     incline platform lift.
209          (16) "Elevator contractor" means a sole proprietor, firm, or corporation licensed under
210     this chapter that is engaged in the business of erecting, constructing, installing, altering,

211     servicing, repairing, or maintaining an elevator.
212          (17) "Elevator mechanic" means an individual who is licensed under this chapter as an
213     elevator mechanic and who is engaged in erecting, constructing, installing, altering, servicing,
214     repairing, or maintaining an elevator under the immediate supervision of an elevator contractor.
215          (18) "Employee" means an individual as defined by the division by rule giving
216     consideration to the definition adopted by the Internal Revenue Service and the Department of
217     Workforce Services.
218          (19) "Engage in a construction trade" means to:
219          (a) engage in, represent oneself to be engaged in, or advertise oneself as being engaged
220     in a construction trade; or
221          (b) use the name "contractor" or "builder" or in any other way lead a reasonable person
222     to believe one is or will act as a contractor.
223          (20) (a) "Financial responsibility" means a demonstration of a current and expected
224     future condition of financial solvency evidencing a reasonable expectation to the division and
225     the board that an applicant or licensee can successfully engage in business as a contractor
226     without jeopardy to the public health, safety, and welfare.
227          (b) Financial responsibility may be determined by an evaluation of the total history
228     concerning the licensee or applicant including past, present, and expected condition and record
229     of financial solvency and business conduct.
230          (21) "Gas appliance" means any device that uses natural gas to produce light, heat,
231     power, steam, hot water, refrigeration, or air conditioning.
232          (22) (a) "General building contractor" means a person licensed under this chapter as a
233     general building contractor qualified by education, training, experience, and knowledge to
234     perform or superintend construction of structures for the support, shelter, and enclosure of
235     persons, animals, chattels, or movable property of any kind or any of the components of that
236     construction except plumbing, electrical work, mechanical work, work related to the operating
237     integrity of an elevator, and manufactured housing installation, for which the general building
238     contractor shall employ the services of a contractor licensed in the particular specialty, except
239     that a general building contractor engaged in the construction of single-family and multifamily
240     residences up to four units may perform the mechanical work and hire a licensed plumber or
241     electrician as an employee.

242          (b) The division may by rule exclude general building contractors from engaging in the
243     performance of other construction specialties in which there is represented a substantial risk to
244     the public health, safety, and welfare, and for which a license is required unless that general
245     building contractor holds a valid license in that specialty classification.
246          (23) (a) "General electrical contractor" means a person licensed under this chapter as a
247     general electrical contractor qualified by education, training, experience, and knowledge to
248     perform the fabrication, construction, and installation of generators, transformers, conduits,
249     raceways, panels, switch gear, electrical wires, fixtures, appliances, or apparatus that uses
250     electrical energy.
251          (b) The scope of work of a general electrical contractor may be further defined by rules
252     made by the commission, with the concurrence of the director, in accordance with Title 63G,
253     Chapter 3, Utah Administrative Rulemaking Act.
254          (24) (a) "General engineering contractor" means a person licensed under this chapter as
255     a general engineering contractor qualified by education, training, experience, and knowledge to
256     perform construction of fixed works in any of the following: irrigation, drainage, water, power,
257     water supply, flood control, inland waterways, harbors, railroads, highways, tunnels, airports
258     and runways, sewers and bridges, refineries, pipelines, chemical and industrial plants requiring
259     specialized engineering knowledge and skill, piers, and foundations, or any of the components
260     of those works.
261          (b) A general engineering contractor may not perform construction of structures built
262     primarily for the support, shelter, and enclosure of persons, animals, and chattels.
263          (25) (a) "General plumbing contractor" means a person licensed under this chapter as a
264     general plumbing contractor qualified by education, training, experience, and knowledge to
265     perform the fabrication or installation of material and fixtures to create and maintain sanitary
266     conditions in a building by providing permanent means for a supply of safe and pure water, a
267     means for the timely and complete removal from the premises of all used or contaminated
268     water, fluid and semi-fluid organic wastes and other impurities incidental to life and the
269     occupation of such premises, and a safe and adequate supply of gases for lighting, heating, and
270     industrial purposes.
271          (b) The scope of work of a general plumbing contractor may be further defined by rules
272     made by the commission, with the concurrence of the director, in accordance with Title 63G,

273     Chapter 3, Utah Administrative Rulemaking Act.
274          (26) "Immediate supervision" means reasonable direction, oversight, inspection, and
275     evaluation of the work of a person:
276          (a) as the division specifies in rule;
277          (b) by, as applicable, a qualified electrician or plumber;
278          (c) as part of a planned program of training; and
279          (d) to ensure that the end result complies with applicable standards.
280          (27) "Individual" means a natural person.
281          (28) "Journeyman electrician" means a person licensed under this chapter as a
282     journeyman electrician having the qualifications, training, experience, and knowledge to wire,
283     install, and repair electrical apparatus and equipment for light, heat, power, and other purposes.
284          (29) "Journeyman plumber" means a person licensed under this chapter as a
285     journeyman plumber having the qualifications, training, experience, and technical knowledge
286     to engage in the plumbing trade.
287          (30) "Master electrician" means a person licensed under this chapter as a master
288     electrician having the qualifications, training, experience, and knowledge to properly plan,
289     layout, and supervise the wiring, installation, and repair of electrical apparatus and equipment
290     for light, heat, power, and other purposes.
291          (31) "Master plumber" means a person licensed under this chapter as a master plumber
292     having the qualifications, training, experience, and knowledge to properly plan and layout
293     projects and supervise persons in the plumbing trade.
294          (32) "Person" means a natural person, sole proprietorship, joint venture, corporation,
295     limited liability company, association, or organization of any type.
296          (33) (a) "Plumbing trade" means the performance of any mechanical work pertaining to
297     the installation, alteration, change, repair, removal, maintenance, or use in buildings, or within
298     three feet beyond the outside walls of buildings, of pipes, fixtures, and fittings for the:
299          (i) delivery of the water supply;
300          (ii) discharge of liquid and water carried waste;
301          (iii) building drainage system within the walls of the building; and
302          (iv) delivery of gases for lighting, heating, and industrial purposes.
303          (b) "Plumbing trade" includes work pertaining to the water supply, distribution pipes,

304     fixtures and fixture traps, soil, waste and vent pipes, the building drain and roof drains, and the
305     safe and adequate supply of gases, together with their devices, appurtenances, and connections
306     where installed within the outside walls of the building.
307          (34) [(a)] "Ratio of apprentices" means[, for the purpose of determining compliance
308     with the requirements for planned programs of training and electrician apprentice licensing
309     applications, the shop ratio of apprentice electricians to journeyman or master electricians shall
310     be one journeyman or master electrician to one apprentice on industrial and commercial work,
311     and one journeyman or master electrician to three apprentices on residential work. (b)
312     On-the-job training shall be under circumstances in which the ratio of apprentices to
313     supervisors is in accordance with a ratio of one-to-one on nonresidential work and up to three
314     apprentices to one supervisor on residential projects.] the number of licensed plumber
315     apprentices or licensed electrician apprentices that are allowed to be under the immediate
316     supervision of a licensed supervisor as established by the provisions of this chapter and by
317     rules made by the commission, with the concurrence of the director, in accordance with Title
318     63G, Chapter 3, Utah Administrative Rulemaking Act.
319          (35) "Residential and small commercial contractor" means a person licensed under this
320     chapter as a residential and small commercial contractor qualified by education, training,
321     experience, and knowledge to perform or superintend the construction of single-family
322     residences, multifamily residences up to four units, and commercial construction of not more
323     than three stories above ground and not more than 20,000 square feet, or any of the components
324     of that construction except plumbing, electrical work, mechanical work, and manufactured
325     housing installation, for which the residential and small commercial contractor shall employ
326     the services of a contractor licensed in the particular specialty, except that a residential and
327     small commercial contractor engaged in the construction of single-family and multifamily
328     residences up to four units may perform the mechanical work and hire a licensed plumber or
329     electrician as an employee.
330          (36) "Residential building," as it relates to the license classification of residential
331     journeyman plumber and residential master plumber, means a single or multiple family
332     dwelling of up to four units.
333          (37) (a) "Residential electrical contractor" means a person licensed under this chapter
334     as a residential electrical contractor qualified by education, training, experience, and

335     knowledge to perform the fabrication, construction, and installation of services, disconnecting
336     means, grounding devices, panels, conductors, load centers, lighting and plug circuits,
337     appliances, and fixtures in a residential unit.
338          (b) The scope of work of a residential electrical contractor may be further defined by
339     rules made by the commission, with the concurrence of the director, in accordance with Title
340     63G, Chapter 3, Utah Administrative Rulemaking Act.
341          (38) "Residential journeyman electrician" means a person licensed under this chapter
342     as a residential journeyman electrician having the qualifications, training, experience, and
343     knowledge to wire, install, and repair electrical apparatus and equipment for light, heat, power,
344     and other purposes on buildings using primarily nonmetallic sheath cable.
345          (39) "Residential journeyman plumber" means a person licensed under this chapter as a
346     residential journeyman plumber having the qualifications, training, experience, and knowledge
347     to engage in the plumbing trade as limited to the plumbing of residential buildings.
348          (40) "Residential master electrician" means a person licensed under this chapter as a
349     residential master electrician having the qualifications, training, experience, and knowledge to
350     properly plan, layout, and supervise the wiring, installation, and repair of electrical apparatus
351     and equipment for light, heat, power, and other purposes on residential projects.
352          (41) "Residential master plumber" means a person licensed under this chapter as a
353     residential master plumber having the qualifications, training, experience, and knowledge to
354     properly plan and layout projects and supervise persons in the plumbing trade as limited to the
355     plumbing of residential buildings.
356          (42) (a) "Residential plumbing contractor" means a person licensed under this chapter
357     as a residential plumbing contractor qualified by education, training, experience, and
358     knowledge to perform the fabrication or installation of material and fixtures to create and
359     maintain sanitary conditions in residential buildings by providing permanent means for a
360     supply of safe and pure water, a means for the timely and complete removal from the premises
361     of all used or contaminated water, fluid and semi-fluid organic wastes and other impurities
362     incidental to life and the occupation of such premises, and a safe and adequate supply of gases
363     for lighting, heating, and industrial purposes.
364          (b) The scope of work of a residential plumbing contractor may be further defined by
365     rules made by the commission, with the concurrence of the director, in accordance with Title

366     63G, Chapter 3, Utah Administrative Rulemaking Act.
367          (43) "Residential project," as it relates to an electrician or electrical contractor, means
368     buildings primarily wired with nonmetallic sheathed cable, in accordance with standard rules
369     and regulations governing this work, including the National Electrical Code, and in which the
370     voltage does not exceed 250 volts line to line and 125 volts to ground.
371          (44) "Sensitive alarm system information" means:
372          (a) a pass code or other code used in the operation of an alarm system;
373          (b) information on the location of alarm system components at the premises of a
374     customer of the alarm business providing the alarm system;
375          (c) information that would allow the circumvention, bypass, deactivation, or other
376     compromise of an alarm system of a customer of the alarm business providing the alarm
377     system; and
378          (d) any other similar information that the division by rule determines to be information
379     that an individual employed by an alarm business should use or have access to only if the
380     individual is licensed as provided in this chapter.
381          (45) (a) "Specialty contractor" means a person licensed under this chapter under a
382     specialty contractor classification established by rule, who is qualified by education, training,
383     experience, and knowledge to perform those construction trades and crafts requiring
384     specialized skill, the regulation of which are determined by the division to be in the best
385     interest of the public health, safety, and welfare.
386          (b) A specialty contractor may perform work in crafts or trades other than those in
387     which the specialty contractor is licensed if they are incidental to the performance of the
388     specialty contractor's licensed craft or trade.
389          (46) "Unincorporated entity" means an entity that is not:
390          (a) an individual;
391          (b) a corporation; or
392          (c) publicly traded.
393          (47) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501
394     and 58-55-501.
395          (48) "Unprofessional conduct" means the same as that term is defined in Sections
396     58-1-501 and 58-55-502 and as may be further defined by rule.

397          (49) "Wages" means amounts due to an employee for labor or services whether the
398     amount is fixed or ascertained on a time, task, piece, commission, or other basis for calculating
399     the amount.
400          Section 5. Section 58-55-104 is enacted to read:
401          58-55-104. Electrician Education Fund.
402          (1) There is created an expendable special revenue fund known as the Electrician
403     Education Fund.
404          (2) The fund consists of money from a surcharge fee, established by the division in
405     accordance with Section 63J-1-504, placed on initial, renewal, and reinstatement licensure fees
406     for an apprentice electrician, journeyman electrician, master electrician, residential journeyman
407     electrician, and residential master electrician.
408          (3) The surcharge fee described in Subsection (2) may not be more than $5.
409          (4) The fund shall earn interest and all interest earned on fund money shall be
410     deposited into the fund.
411          (5) The director may, with the concurrence of the commission, make distributions from
412     the fund for the following purposes:
413          (a) education and training of licensees under this chapter who are practicing in the
414     electrical trade; and
415          (b) education and training of other licensees under this chapter or the public in matters
416     concerning electrical laws and practices.
417          (6) If the balance in the fund is more than $100,000 at the end of any fiscal year, the
418     excess amount shall be transferred to the General Fund.
419          (7) The division shall report annually to the Business, Economic Development, and
420     Labor Appropriations Subcommittee regarding the balance in the fund and how the fund is
421     being used.
422          Section 6. Section 58-55-105 is enacted to read:
423          58-55-105. Plumber Education Fund.
424          (1) There is created an expendable special revenue fund known as the Plumber
425     Education Fund.
426          (2) The fund consists of money from a surcharge fee, established by the division in
427     accordance with Section 63J-1-504, placed on initial, renewal, and reinstatement licensure fees

428     for apprentice plumbers, journeyman plumbers, master plumbers, residential journeyman
429     plumbers, and residential master plumbers.
430          (3) The surcharge fee described in Subsection (2) may not be more than $5.
431          (4) The fund shall earn interest and all interest earned on fund money shall be
432     deposited into the fund.
433          (5) The director may, with the concurrence of the commission, make distributions from
434     the fund for the following purposes:
435          (a) education and training of licensees under this chapter who are licensed in the
436     professions described in Subsection (2); and
437          (b) education and training of other licensees under this chapter or the public in matters
438     concerning plumbing laws and practices.
439          (6) If the balance in the fund is more than $100,000 at the end of any fiscal year, the
440     excess amount shall be transferred to the General Fund.
441          (7) The division shall report annually to the Business, Economic Development, and
442     Labor Appropriations Subcommittee regarding the balance in the fund and how the fund is
443     being used.
444          Section 7. Section 58-55-106 is enacted to read:
445          58-55-106. Surcharge fee.
446          (1) In addition to any other fees authorized by this chapter or by the division in
447     accordance with Section 63J-1-504, the division shall require each applicant for an initial
448     license, renewal of a license, or reinstatement of a license under this chapter to pay a $1
449     surcharge fee.
450          (2) The surcharge fee shall be used by the division to provide each licensee under this
451     chapter with access to an electronic reference library that provides web-based access to
452     national, state, and local building codes and standards.
453          Section 8. Section 58-55-201 is amended to read:
454          58-55-201. Boards created -- Duties.
455          (1) There is created a Plumbers Licensing Board, an Alarm System Security and
456     Licensing Board, and an Electricians Licensing Board. Members of the boards shall be
457     selected to provide representation as follows:
458          (a) The Plumbers Licensing Board consists of five members as follows:

459          (i) two members shall be licensed from among the license classifications of master or
460     journeyman plumber;
461          (ii) two members shall be licensed plumbing contractors; and
462          (iii) one member shall be from the public at large with no history of involvement in the
463     construction trades.
464          (b) (i) The Alarm System Security and Licensing Board consists of five members as
465     follows:
466          (A) three individuals who are officers or owners of a licensed alarm business;
467          (B) one individual from among nominees of the Utah Peace Officers Association; and
468          (C) one individual representing the general public.
469          (ii) The Alarm System Security and Licensing Board shall designate one of its
470     members on a permanent or rotating basis to:
471          (A) assist the division in reviewing complaints concerning the unlawful or
472     unprofessional conduct of a licensee; and
473          (B) advise the division in its investigation of these complaints.
474          (iii) A board member who has, under this Subsection (1)(b)(iii), reviewed a complaint
475     or advised in its investigation is disqualified from participating with the board when the board
476     serves as a presiding officer in an adjudicative proceeding concerning the complaint.
477          (c) The Electricians Licensing Board consists of five members as follows:
478          (i) two members shall be licensed from among the license classifications of master or
479     journeyman electrician, of whom one shall represent a union organization and one shall be
480     selected having no union affiliation;
481          (ii) two shall be licensed electrical contractors of whom one shall represent a union
482     organization and one shall be selected having no union affiliation; and
483          (iii) one member shall be from the public at large with no history of involvement in the
484     construction trades or union affiliation.
485          (2) The duties, functions, and responsibilities of each board include the following:
486          (a) recommending to the commission appropriate rules;
487          (b) recommending to the commission policy and budgetary matters;
488          (c) approving and establishing a passing score for applicant examinations;
489          (d) overseeing the screening of applicants for licensing, renewal, reinstatement, and

490     relicensure;
491          (e) assisting the commission in establishing standards of supervision for students or
492     persons in training to become qualified to obtain a license in the occupation or profession it
493     represents; and
494          (f) acting as presiding officer in conducting hearings associated with the adjudicative
495     proceedings and in issuing recommended orders when so authorized by the commission.
496          (3) The division in collaboration with the Plumbers Licensing Board and the
497     Electricians Licensing Board shall provide a preliminary report on or before October 1, 2019,
498     and a final written report on or before June 1, 2020, to the Business and Labor Interim
499     Committee and the Occupational and Professional Licensure Review Committee that provides
500     recommendations for consistent educational and training standards for plumber and electrician
501     apprentice programs in the state, including recommendations for education and training
502     provided by all providers, including institutions of higher education and technical colleges.
503          Section 9. Section 58-55-302 is amended to read:
504          58-55-302. Qualifications for licensure.
505          (1) Each applicant for a license under this chapter shall:
506          (a) submit an application prescribed by the division;
507          (b) pay a fee as determined by the department under Section 63J-1-504;
508          (c) [(i)] meet the examination requirements established by this section and by rule by
509     the commission with the concurrence of the director, [except that no examination, other than an
510     examination as part of a 25-hour course described in Subsection (1)(e)(iii), is required for
511     licensure as an apprentice electrician, apprentice plumber, or specialty contractor; or] which
512     requirements include:
513          (i) for licensure as an apprentice electrician, apprentice plumber, or specialty
514     contractor, no division-administered examination is required;
515          (ii) for licensure as a general building contractor, general engineering contractor,
516     residential and small commercial contractor, general plumbing contractor, residential plumbing
517     contractor, general electrical contractor, or residential electrical contractor, the only required
518     division-administered examination is a division-administered examination that covers
519     information from the 25-hour course described in Subsection (1)(e)(iii), which course may
520     have been previously completed as part of applying for any other license under this chapter,

521     and, if the 25-hour course was completed on or after July 1, 2019, the five-hour business law
522     course described in Subsection (1)(e)(iv); and
523          [(ii)] (iii) if required in Section 58-55-304, [the] an individual qualifier must pass the
524     required division-administered examination if the applicant is a business entity;
525          (d) if an apprentice, identify the proposed supervisor of the apprenticeship;
526          (e) if an applicant for a contractor's license:
527          (i) produce satisfactory evidence of financial responsibility, except for a construction
528     trades instructor for whom evidence of financial responsibility is not required;
529          (ii) produce satisfactory evidence of:
530          (A) except as provided in Subsection (2)(a), and except that no employment experience
531     is required for licensure as a specialty contractor, two years full-time paid employment
532     experience in the construction industry, which employment experience [may be related to any
533     contracting classification unless more specifically described in this section], unless more
534     specifically described in this section, may be related to any contracting classification and does
535     not have to include supervisory experience; and
536          (B) knowledge of the principles of the conduct of business as a contractor, reasonably
537     necessary for the protection of the public health, safety, and welfare;
538          (iii) except as otherwise provided by rule by the commission with the concurrence of
539     the director, complete a 25-hour course established by rule by the commission with the
540     concurrence of the director, which is taught by an approved prelicensure course provider, and
541     which course may include:
542          (A) construction business practices;
543          (B) bookkeeping fundamentals;
544          (C) mechanics lien fundamentals;
545          (D) other aspects of business and construction principles considered important by the
546     commission with the concurrence of the director; and
547          (E) for no additional fee, [an] a provider-administered examination at the end of the
548     25-hour course;
549          (iv) complete a five-hour business and law course established by rule by the
550     commission with the concurrence of the director, which is taught by an approved prelicensure
551     course provider, if an applicant for licensure as a general building contractor, general

552     engineering contractor, residential and small commercial contractor, general plumbing
553     contractor, residential plumbing contractor, general electrical contractor, or residential
554     electrical contractor, except that if the 25-hour course described in Subsection (1)(e)(iii) was
555     completed before July 1, 2019, the applicant does not need to take the business and law course;
556          [(iv)] (v) (A) be a licensed master electrician if an applicant for an electrical
557     contractor's license or a licensed master residential electrician if an applicant for a residential
558     electrical contractor's license;
559          (B) be a licensed master plumber if an applicant for a plumbing contractor's license or
560     a licensed master residential plumber if an applicant for a residential plumbing contractor's
561     license; or
562          (C) be a licensed elevator mechanic and produce satisfactory evidence of three years
563     experience as an elevator mechanic if an applicant for an elevator contractor's license; and
564          [(v)] (vi) when the applicant is an unincorporated entity, provide a list of the one or
565     more individuals who hold an ownership interest in the applicant as of the day on which the
566     application is filed that includes for each individual:
567          (A) the individual's name, address, birth date, and social security number; and
568          (B) whether the individual will engage in a construction trade; and
569          (f) if an applicant for a construction trades instructor license, satisfy any additional
570     requirements established by rule.
571          (2) (a) If the applicant for a contractor's license described in Subsection (1) is a
572     building inspector, the applicant may satisfy Subsection (1)(e)(ii)(A) by producing satisfactory
573     evidence of two years full-time paid employment experience as a building inspector, which
574     shall include at least one year full-time experience as a licensed combination inspector.
575          (b) After approval of an applicant for a contractor's license by the applicable board and
576     the division, the applicant shall file the following with the division before the division issues
577     the license:
578          (i) proof of workers' compensation insurance which covers employees of the applicant
579     in accordance with applicable Utah law;
580          (ii) proof of public liability insurance in coverage amounts and form established by rule
581     except for a construction trades instructor for whom public liability insurance is not required;
582     and

583          (iii) proof of registration as required by applicable law with the:
584          (A) Department of Commerce;
585          (B) Division of Corporations and Commercial Code;
586          (C) Unemployment Insurance Division in the Department of Workforce Services, for
587     purposes of Title 35A, Chapter 4, Employment Security Act;
588          (D) State Tax Commission; and
589          (E) Internal Revenue Service.
590          (3) In addition to the general requirements for each applicant in Subsection (1),
591     applicants shall comply with the following requirements to be licensed in the following
592     classifications:
593          (a) (i) A master plumber shall produce satisfactory evidence that the applicant:
594          (A) has been a licensed journeyman plumber for at least two years and had two years of
595     supervisory experience as a licensed journeyman plumber in accordance with division rule;
596          (B) has received at least an associate of applied science degree or similar degree
597     following the completion of a course of study approved by the division and had one year of
598     supervisory experience as a licensed journeyman plumber in accordance with division rule; or
599          (C) meets the qualifications [determined by the division in collaboration with the board
600     to be equivalent to Subsection (3)(a)(i)(A) or (B).] for expedited licensure as established by
601     rules made by the commission, with the concurrence of the director, in accordance with Title
602     63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant
603     has the knowledge and skills to be a licensed master plumber.
604          (ii) An individual holding a valid Utah license as a journeyman plumber, based on at
605     least four years of practical experience as a licensed apprentice under the supervision of a
606     licensed journeyman plumber and four years as a licensed journeyman plumber, in effect
607     immediately prior to May 5, 2008, is on and after May 5, 2008, considered to hold a current
608     master plumber license under this chapter, and satisfies the requirements of this Subsection
609     (3)(a) for the purpose of renewal or reinstatement of that license under Section 58-55-303.
610          (iii) An individual holding a valid plumbing contractor's license or residential
611     plumbing contractor's license, in effect immediately prior to May 5, 2008, is on or after May 5,
612     2008:
613          (A) considered to hold a current master plumber license under this chapter if licensed

614     as a plumbing contractor and a journeyman plumber, and satisfies the requirements of this
615     Subsection (3)(a) for purposes of renewal or reinstatement of that license under Section
616     58-55-303; and
617          (B) considered to hold a current residential master plumber license under this chapter if
618     licensed as a residential plumbing contractor and a residential journeyman plumber, and
619     satisfies the requirements of this Subsection (3)(a) for purposes of renewal or reinstatement of
620     that license under Section 58-55-303.
621          (b) A master residential plumber applicant shall produce satisfactory evidence that the
622     applicant:
623          (i) has been a licensed residential journeyman plumber for at least two years and had
624     two years of supervisory experience as a licensed residential journeyman plumber in
625     accordance with division rule; or
626          (ii) [meets the qualifications determined by the division in collaboration with the board
627     to be equivalent to Subsection (3)(b)(i).] meets the qualifications for expedited licensure as
628     established by rules made by the commission, with the concurrence of the director, in
629     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly
630     demonstrate the applicant has the knowledge and skills to be a licensed master residential
631     plumber.
632          (c) A journeyman plumber applicant shall produce satisfactory evidence of:
633          (i) successful completion of the equivalent of at least four years of full-time training
634     and instruction as a licensed apprentice plumber under supervision of a licensed master
635     plumber or journeyman plumber and in accordance with a planned program of training
636     approved by the division;
637          (ii) at least eight years of full-time experience approved by the division in collaboration
638     with the Plumbers Licensing Board; or
639          (iii) [satisfactory evidence of meeting the qualifications determined by the board to be
640     equivalent to Subsection (3)(c)(i) or (c)(ii).] meeting the qualifications for expedited licensure
641     as established by rules made by the commission, with the concurrence of the director, in
642     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly
643     demonstrate the applicant has the knowledge and skills to be a licensed journeyman plumber.
644          (d) A residential journeyman plumber shall produce satisfactory evidence of:

645          (i) completion of the equivalent of at least three years of full-time training and
646     instruction as a licensed apprentice plumber under the supervision of a licensed residential
647     master plumber, licensed residential journeyman plumber, or licensed journeyman plumber in
648     accordance with a planned program of training approved by the division;
649          (ii) completion of at least six years of full-time experience in a maintenance or repair
650     trade involving substantial plumbing work; or
651          (iii) [meeting the qualifications determined by the board to be equivalent to Subsection
652     (3)(d)(i) or (d)(ii).] meeting the qualifications for expedited licensure as established by rules
653     made by the commission, with the concurrence of the director, in accordance with Title 63G,
654     Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the
655     knowledge and skills to be a licensed residential journeyman plumber.
656          (e) The conduct of licensed apprentice plumbers and their licensed supervisors shall be
657     in accordance with the following:
658          (i) while engaging in the trade of plumbing, a licensed apprentice plumber shall be
659     under the immediate supervision of a licensed master plumber, licensed residential master
660     plumber, licensed journeyman plumber, or [a] licensed residential journeyman plumber; [and]
661          (ii) beginning in a licensed apprentice plumber's fourth year of training, a licensed
662     apprentice plumber [in the fourth through tenth year of training] may work without supervision
663     for a period not to exceed eight hours in any 24-hour period[, but if the apprentice does not
664     become a licensed journeyman plumber or licensed residential journeyman plumber by the end
665     of the tenth year of apprenticeship, this nonsupervision provision no longer applies.]; and
666          (iii) rules made by the commission, with the concurrence of the director, in accordance
667     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the ratio of
668     apprentices allowed under the immediate supervision of a licensed supervisor, including the
669     ratio of apprentices in their fourth year of training or later that are allowed to be under the
670     immediate supervision of a licensed supervisor.
671          (f) A master electrician applicant shall produce satisfactory evidence that the applicant:
672          (i) is a graduate electrical engineer of an accredited college or university approved by
673     the division and has one year of practical electrical experience as a licensed apprentice
674     electrician;
675          (ii) is a graduate of an electrical trade school, having received an associate of applied

676     sciences degree following successful completion of a course of study approved by the division,
677     and has two years of practical experience as a licensed journeyman electrician;
678          (iii) has four years of practical experience as a journeyman electrician; or
679          (iv) [meets the qualifications determined by the board to be equivalent to Subsection
680     (3)(f)(i), (ii), or (iii).] meets the qualifications for expedited licensure as established by rules
681     made by the commission, with the concurrence of the director, in accordance with Title 63G,
682     Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the
683     knowledge and skills to be a licensed master electrician.
684          (g) A master residential electrician applicant shall produce satisfactory evidence that
685     the applicant:
686          (i) has at least two years of practical experience as a residential journeyman electrician;
687     or
688          (ii) [meets the qualifications determined by the board to be equivalent to this practical
689     experience.] meets the qualifications for expedited licensure as established by rules made by
690     the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
691     Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
692     and skills to be a master residential electrician.
693          (h) A journeyman electrician applicant shall produce satisfactory evidence that the
694     applicant:
695          (i) has successfully completed at least four years of full-time training and instruction as
696     a licensed apprentice electrician under the supervision of a master electrician or journeyman
697     electrician and in accordance with a planned training program approved by the division;
698          (ii) has at least eight years of full-time experience approved by the division in
699     collaboration with the Electricians Licensing Board; or
700          (iii) [meets the qualifications determined by the board to be equivalent to Subsection
701     (3)(h)(i) or (ii).] meets the qualifications for expedited licensure as established by rules made
702     by the commission, with the concurrence of the director, in accordance with Title 63G, Chapter
703     3, Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the
704     knowledge and skills to be a licensed journeyman electrician.
705          (i) A residential journeyman electrician applicant shall produce satisfactory evidence
706     that the applicant:

707          (i) has successfully completed two years of training in an electrical training program
708     approved by the division;
709          (ii) has four years of practical experience in wiring, installing, and repairing electrical
710     apparatus and equipment for light, heat, and power under the supervision of a licensed master,
711     journeyman, residential master, or residential journeyman electrician; or
712          (iii) [meets the qualifications determined by the division and applicable board to be
713     equivalent to Subsection (3)(i)(i) or (ii).] meets the qualifications for expedited licensure as
714     established by rules made by the commission, with the concurrence of the director, in
715     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly
716     demonstrate the applicant has the knowledge and skills to be a licensed residential journeyman
717     electrician.
718          (j) The conduct of licensed apprentice electricians and their licensed supervisors shall
719     be in accordance with the following:
720          (i) A licensed apprentice electrician shall be under the immediate supervision of a
721     licensed master, journeyman, residential master, or residential journeyman electrician[. An
722     apprentice in the fourth year of training];
723          (ii) beginning in a licensed apprentice electrician's fourth year of training, a licensed
724     apprentice electrician may work without supervision for a period not to exceed eight hours in
725     any 24-hour period[.];
726          [(ii) A licensed master, journeyman, residential master, or residential journeyman
727     electrician may have under immediate supervision on a residential project up to three licensed
728     apprentice electricians.]
729          [(iii) A licensed master or journeyman electrician may have under immediate
730     supervision on nonresidential projects only one licensed apprentice electrician.]
731          (iii) rules made by the commission, with the concurrence of the director, in accordance
732     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the ratio of
733     apprentices allowed under the immediate supervision of a licensed supervisor, including the
734     ratio of apprentices in their fourth year of training or later that are allowed to be under the
735     immediate supervision of a licensed supervisor; and
736          (iv) a licensed supervisor may have up to three licensed apprentice electricians on a
737     residential project, or more if established by rules made by the commission, in concurrence

738     with the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
739     Act.
740          (k) An alarm company applicant shall:
741          (i) have a qualifying agent who is an officer, director, partner, proprietor, or manager of
742     the applicant who:
743          (A) demonstrates 6,000 hours of experience in the alarm company business;
744          (B) demonstrates 2,000 hours of experience as a manager or administrator in the alarm
745     company business or in a construction business; and
746          (C) passes an examination component established by rule by the commission with the
747     concurrence of the director;
748          (ii) if a corporation, provide:
749          (A) the names, addresses, dates of birth, social security numbers, and fingerprint cards
750     of all corporate officers, directors, and those responsible management personnel employed
751     within the state or having direct responsibility for managing operations of the applicant within
752     the state; and
753          (B) the names, addresses, dates of birth, social security numbers, and fingerprint cards
754     of all shareholders owning 5% or more of the outstanding shares of the corporation, except this
755     shall not be required if the stock is publicly listed and traded;
756          (iii) if a limited liability company, provide:
757          (A) the names, addresses, dates of birth, social security numbers, and fingerprint cards
758     of all company officers, and those responsible management personnel employed within the
759     state or having direct responsibility for managing operations of the applicant within the state;
760     and
761          (B) the names, addresses, dates of birth, social security numbers, and fingerprint cards
762     of all individuals owning 5% or more of the equity of the company;
763          (iv) if a partnership, provide the names, addresses, dates of birth, social security
764     numbers, and fingerprint cards of all general partners, and those responsible management
765     personnel employed within the state or having direct responsibility for managing operations of
766     the applicant within the state;
767          (v) if a proprietorship, provide the names, addresses, dates of birth, social security
768     numbers, and fingerprint cards of the proprietor, and those responsible management personnel

769     employed within the state or having direct responsibility for managing operations of the
770     applicant within the state;
771          (vi) if a trust, provide the names, addresses, dates of birth, social security numbers, and
772     fingerprint cards of the trustee, and those responsible management personnel employed within
773     the state or having direct responsibility for managing operations of the applicant within the
774     state;
775          (vii) be of good moral character in that officers, directors, shareholders described in
776     Subsection (3)(k)(ii)(B), partners, proprietors, trustees, and responsible management personnel
777     have not been convicted of a felony, a misdemeanor involving moral turpitude, or any other
778     crime that when considered with the duties and responsibilities of an alarm company is
779     considered by the board to indicate that the best interests of the public are served by granting
780     the applicant a license;
781          (viii) document that none of the applicant's officers, directors, shareholders described
782     in Subsection (3)(k)(ii)(B), partners, proprietors, trustees, and responsible management
783     personnel have been declared by any court of competent jurisdiction incompetent by reason of
784     mental defect or disease and not been restored;
785          (ix) document that none of the applicant's officers, directors, shareholders described in
786     Subsection (3)(k)(ii)(B), partners, proprietors, and responsible management personnel are
787     currently suffering from habitual drunkenness or from drug addiction or dependence;
788          (x) file and maintain with the division evidence of:
789          (A) comprehensive general liability insurance in form and in amounts to be established
790     by rule by the commission with the concurrence of the director;
791          (B) workers' compensation insurance that covers employees of the applicant in
792     accordance with applicable Utah law; and
793          (C) registration as is required by applicable law with the:
794          (I) Division of Corporations and Commercial Code;
795          (II) Unemployment Insurance Division in the Department of Workforce Services, for
796     purposes of Title 35A, Chapter 4, Employment Security Act;
797          (III) State Tax Commission; and
798          (IV) Internal Revenue Service; and
799          (xi) meet with the division and board.

800          (l) Each applicant for licensure as an alarm company agent shall:
801          (i) submit an application in a form prescribed by the division accompanied by
802     fingerprint cards;
803          (ii) pay a fee determined by the department under Section 63J-1-504;
804          (iii) be of good moral character in that the applicant has not been convicted of a felony,
805     a misdemeanor involving moral turpitude, or any other crime that when considered with the
806     duties and responsibilities of an alarm company agent is considered by the board to indicate
807     that the best interests of the public are served by granting the applicant a license;
808          (iv) not have been declared by any court of competent jurisdiction incompetent by
809     reason of mental defect or disease and not been restored;
810          (v) not be currently suffering from habitual drunkenness or from drug addiction or
811     dependence; and
812          (vi) meet with the division and board if requested by the division or the board.
813          (m) (i) Each applicant for licensure as an elevator mechanic shall:
814          (A) provide documentation of experience and education credits of not less than three
815     years work experience in the elevator industry, in construction, maintenance, or service and
816     repair; and
817          (B) satisfactorily complete a written examination administered by the division
818     established by rule under Section 58-1-203; or
819          (C) provide certificates of completion of an apprenticeship program for elevator
820     mechanics, having standards substantially equal to those of this chapter and registered with the
821     United States Department of Labor Bureau Apprenticeship and Training or a state
822     apprenticeship council.
823          (ii) (A) If an elevator contractor licensed under this chapter cannot find a licensed
824     elevator mechanic to perform the work of erecting, constructing, installing, altering, servicing,
825     repairing, or maintaining an elevator, the contractor may:
826          (I) notify the division of the unavailability of licensed personnel; and
827          (II) request the division issue a temporary elevator mechanic license to an individual
828     certified by the contractor as having an acceptable combination of documented experience and
829     education to perform the work described in this Subsection (3)(m)(ii)(A).
830          (B) (I) The division may issue a temporary elevator mechanic license to an individual

831     certified under Subsection (3)(m)(ii)(A)(II) upon application by the individual, accompanied by
832     the appropriate fee as determined by the department under Section 63J-1-504.
833          (II) The division shall specify the time period for which the license is valid and may
834     renew the license for an additional time period upon its determination that a shortage of
835     licensed elevator mechanics continues to exist.
836          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
837     division may make rules establishing when Federal Bureau of Investigation records shall be
838     checked for applicants as an alarm company or alarm company agent.
839          (5) To determine if an applicant meets the qualifications of Subsections (3)(k)(vii) and
840     (3)(l)(iii), the division shall provide an appropriate number of copies of fingerprint cards to the
841     Department of Public Safety with the division's request to:
842          (a) conduct a search of records of the Department of Public Safety for criminal history
843     information relating to each applicant for licensure as an alarm company or alarm company
844     agent and each applicant's officers, directors, shareholders described in Subsection
845     (3)(k)(ii)(B), partners, proprietors, and responsible management personnel; and
846          (b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
847     requiring a check of records of the Federal Bureau of Investigation for criminal history
848     information under this section.
849          (6) The Department of Public Safety shall send to the division:
850          (a) a written record of criminal history, or certification of no criminal history record, as
851     contained in the records of the Department of Public Safety in a timely manner after receipt of
852     a fingerprint card from the division and a request for review of Department of Public Safety
853     records; and
854          (b) the results of the Federal Bureau of Investigation review concerning an applicant in
855     a timely manner after receipt of information from the Federal Bureau of Investigation.
856          (7) (a) The division shall charge each applicant for licensure as an alarm company or
857     alarm company agent a fee, in accordance with Section 63J-1-504, equal to the cost of
858     performing the records reviews under this section.
859          (b) The division shall pay the Department of Public Safety the costs of all records
860     reviews, and the Department of Public Safety shall pay the Federal Bureau of Investigation the
861     costs of records reviews under this section.

862          (8) Information obtained by the division from the reviews of criminal history records of
863     the Department of Public Safety and the Federal Bureau of Investigation shall be used or
864     disseminated by the division only for the purpose of determining if an applicant for licensure as
865     an alarm company or alarm company agent is qualified for licensure.
866          (9) (a) An application for licensure under this chapter shall be denied if:
867          (i) the applicant has had a previous license, which was issued under this chapter,
868     suspended or revoked within two years before the date of the applicant's application;
869          (ii) (A) the applicant is a partnership, corporation, or limited liability company; and
870          (B) any corporate officer, director, shareholder holding 25% or more of the stock in the
871     applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
872     status, performing similar functions, or directly or indirectly controlling the applicant has
873     served in any similar capacity with any person or entity which has had a previous license,
874     which was issued under this chapter, suspended or revoked within two years before the date of
875     the applicant's application;
876          (iii) (A) the applicant is an individual or sole proprietorship; and
877          (B) any owner or agent acting as a qualifier has served in any capacity listed in
878     Subsection (9)(a)(ii)(B) in any entity which has had a previous license, which was issued under
879     this chapter, suspended or revoked within two years before the date of the applicant's
880     application; or
881          (iv) (A) the applicant includes an individual who was an owner, director, or officer of
882     an unincorporated entity at the time the entity's license under this chapter was revoked; and
883          (B) the application for licensure is filed within 60 months after the revocation of the
884     unincorporated entity's license.
885          (b) An application for licensure under this chapter shall be reviewed by the appropriate
886     licensing board prior to approval if:
887          (i) the applicant has had a previous license, which was issued under this chapter,
888     suspended or revoked more than two years before the date of the applicant's application;
889          (ii) (A) the applicant is a partnership, corporation, or limited liability company; and
890          (B) any corporate officer, director, shareholder holding 25% or more of the stock in the
891     applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
892     status, performing similar functions, or directly or indirectly controlling the applicant has

893     served in any similar capacity with any person or entity which has had a previous license,
894     which was issued under this chapter, suspended or revoked more than two years before the date
895     of the applicant's application; or
896          (iii) (A) the applicant is an individual or sole proprietorship; and
897          (B) any owner or agent acting as a qualifier has served in any capacity listed in
898     Subsection (9)(b)(ii)(B) in any entity which has had a previous license, which was issued under
899     this chapter, suspended or revoked more than two years before the date of the applicant's
900     application.
901          (10) (a) (i) A licensee that is an unincorporated entity shall file an ownership status
902     report with the division every 30 days after the day on which the license is issued if the licensee
903     has more than five owners who are individuals who:
904          (A) own an interest in the contractor that is an unincorporated entity;
905          (B) own, directly or indirectly, less than an 8% interest, as defined by rule made by the
906     division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in the
907     unincorporated entity; and
908          (C) engage, or will engage, in a construction trade in the state as owners of the
909     contractor described in Subsection (10)(a)(i)(A).
910          (ii) If the licensee has five or fewer owners described in Subsection (10)(a)(i), the
911     licensee shall provide the ownership status report with an application for renewal of licensure.
912          (b) An ownership status report required under this Subsection (10) shall:
913          (i) specify each addition or deletion of an owner:
914          (A) for the first ownership status report, after the day on which the unincorporated
915     entity is licensed under this chapter; and
916          (B) for a subsequent ownership status report, after the day on which the previous
917     ownership status report is filed;
918          (ii) be in a format prescribed by the division that includes for each owner, regardless of
919     the owner's percentage ownership in the unincorporated entity, the information described in
920     Subsection(1)(e)[(v)](vi);
921          (iii) list the name of:
922          (A) each officer or manager of the unincorporated entity; and
923          (B) each other individual involved in the operation, supervision, or management of the

924     unincorporated entity; and
925          (iv) be accompanied by a fee set by the division in accordance with Section 63J-1-504
926     if the ownership status report indicates there is a change described in Subsection (10)(b)(i).
927          (c) The division may, at any time, audit an ownership status report under this
928     Subsection (10):
929          (i) to determine if financial responsibility has been demonstrated or maintained as
930     required under Section 58-55-306; and
931          (ii) to determine compliance with Subsection 58-55-501(24), (25), or (27) or
932     Subsection 58-55-502(8) or (9).
933          (11) (a) An unincorporated entity that provides labor to an entity licensed under this
934     chapter by providing an individual who owns an interest in the unincorporated entity to engage
935     in a construction trade in Utah shall file with the division:
936          (i) before the individual who owns an interest in the unincorporated entity engages in a
937     construction trade in Utah, a current list of the one or more individuals who hold an ownership
938     interest in the unincorporated entity that includes for each individual:
939          (A) the individual's name, address, birth date, and social security number; and
940          (B) whether the individual will engage in a construction trade; and
941          (ii) every 30 days after the day on which the unincorporated entity provides the list
942     described in Subsection (11)(a)(i), an ownership status report containing the information that
943     would be required under Subsection (10) if the unincorporated entity were a licensed
944     contractor.
945          (b) When filing an ownership list described in Subsection (11)(a)(i) or an ownership
946     status report described in Subsection (11)(a)(ii), an unincorporated entity shall pay a fee set by
947     the division in accordance with Section 63J-1-504.
948          (12) This chapter may not be interpreted to create or support an express or implied
949     independent contractor relationship between an unincorporated entity described in Subsection
950     (10) or (11) and the owners of the unincorporated entity for any purpose, including income tax
951     withholding.
952          (13) A social security number provided under Subsection (1)(e)[(v)](vi) is a private
953     record under Subsection 63G-2-302(1)(i).
954          Section 10. Section 58-55-302.5 is amended to read:

955          58-55-302.5. Continuing education requirements for contractor licensees --
956     Continuing education courses.
957          (1) (a) Each contractor licensee under a license issued under this chapter shall complete
958     six hours of approved continuing education during each two-year renewal cycle established by
959     rule under Subsection 58-55-303(1).
960          (b) Each contractor licensee who has a renewal cycle that ends on or after January 1,
961     2020, shall complete one hour of approved continuing education on energy conservation as part
962     of the six required hours.
963          (2) (a) The commission shall, with the concurrence of the division, establish by rule a
964     program of approved continuing education for contractor licensees.
965          (b) Except as provided in Subsection (2)(e), beginning on or after June 1, 2015, only
966     courses offered by any of the following may be included in the program of approved continuing
967     education for contractor licensees:
968          (i) the Associated General Contractors of Utah;
969          (ii) Associated Builders and Contractors, Utah Chapter;
970          (iii) the Home Builders Association of Utah;
971          (iv) the National Electrical Contractors Association Intermountain Chapter;
972          (v) the Utah Plumbing & Heating Contractors Association;
973          (vi) the Independent Electrical Contractors of Utah;
974          (vii) the Rocky Mountain Gas Association;
975          (viii) the Utah Mechanical Contractors Association;
976          (ix) the Sheet Metal Contractors Association;
977          (x) the Intermountain Electrical Association;
978          (xi) the Builders Bid Service of Utah; or
979          (xii) Utah Roofing Contractors Association.
980          (c) An approved continuing education program for a contractor licensee may include a
981     course approved by an entity described in Subsections (2)(b)(i) through (2)(b)(iii).
982          (d) (i) Except as provided in Subsections (2)(d)(ii) and (iii), an entity listed in
983     Subsections (2)(b)(iv) through (2)(b)(xii) may only offer and market continuing education
984     courses to a licensee who is a member of the entity.
985          (ii) An entity described in Subsection (2)(b)(iv), (vi), or (x) may offer and market a

986     continuing education course that the entity offers to satisfy the continuing education
987     requirement described in Subsection 58-55-302.7(2)(a) to a contractor in the electrical trade.
988          (iii) An entity described in Subsection (2)(b)(v) or (viii) may offer and market a
989     continuing education course that the entity offers to satisfy the continuing education
990     requirement described in Subsection 58-55-302.7(2)(b) to a contractor in the plumbing trade.
991          (e) On or after June 1, 2015, an approved continuing education program for a
992     contractor licensee may include a course offered and taught by:
993          (i) a state executive branch agency;
994          (ii) the workers' compensation insurance carrier that provides workers' compensation
995     insurance under Section 31A-22-1001; or
996          (iii) a nationally or regionally accredited college or university that has a physical
997     campus in the state.
998          (f) On or after June 1, 2017, for a contractor licensee that is licensed in the specialty
999     contractor classification of HVAC contractor, at least three of the six hours described in
1000     Subsection (1) shall include continuing education directly related to the installation, repair, or
1001     replacement of a heating, ventilation, or air conditioning system.
1002          (3) The division may contract with a person to establish and maintain a continuing
1003     education registry to include:
1004          (a) a list of courses that the division has approved for inclusion in the program of
1005     approved continuing education; and
1006          (b) a list of courses that:
1007          (i) a contractor licensee has completed under the program of approved continuing
1008     education; and
1009          (ii) the licensee may access to monitor the licensee's compliance with the continuing
1010     education requirement established under Subsection (1).
1011          (4) The division may charge a fee, as established by the division under Section
1012     63J-1-504, to administer the requirements of this section.
1013          Section 11. Section 58-55-305 is amended to read:
1014          58-55-305. Exemptions from licensure.
1015          (1) In addition to the exemptions from licensure in Section 58-1-307, the following
1016     persons may engage in acts or practices included within the practice of construction trades,

1017     subject to the stated circumstances and limitations, without being licensed under this chapter:
1018          (a) an authorized representative of the United States government or an authorized
1019     employee of the state or any of its political subdivisions when working on construction work of
1020     the state or the subdivision, and when acting within the terms of the person's trust, office, or
1021     employment;
1022          (b) a person engaged in construction or operation incidental to the construction and
1023     repair of irrigation and drainage ditches of regularly constituted irrigation districts, reclamation
1024     districts, and drainage districts or construction and repair relating to farming, dairying,
1025     agriculture, livestock or poultry raising, metal and coal mining, quarries, sand and gravel
1026     excavations, well drilling, as defined in Section 73-3-25, hauling to and from construction
1027     sites, and lumbering;
1028          (c) public utilities operating under the rules of the Public Service Commission on work
1029     incidental to their own business;
1030          (d) sole owners of property engaged in building:
1031          (i) no more than one residential structure per year and no more than three residential
1032     structures per five years on their property for their own noncommercial, nonpublic use; except,
1033     a person other than the property owner or individuals described in Subsection (1)(e), who
1034     engages in building the structure must be licensed under this chapter if the person is otherwise
1035     required to be licensed under this chapter; or
1036          (ii) structures on their property for their own noncommercial, nonpublic use which are
1037     incidental to a residential structure on the property, including sheds, carports, or detached
1038     garages;
1039          (e) (i) a person engaged in construction or renovation of a residential building for
1040     noncommercial, nonpublic use if that person:
1041          (A) works without compensation other than token compensation that is not considered
1042     salary or wages; and
1043          (B) works under the direction of the property owner who engages in building the
1044     structure; and
1045          (ii) as used in this Subsection (1)(e), "token compensation" means compensation paid
1046     by a sole owner of property exempted from licensure under Subsection (1)(d) to a person
1047     exempted from licensure under this Subsection (1)(e), that is:

1048          (A) minimal in value when compared with the fair market value of the services
1049     provided by the person;
1050          (B) not related to the fair market value of the services provided by the person; and
1051          (C) is incidental to the providing of services by the person including paying for or
1052     providing meals or refreshment while services are being provided, or paying reasonable
1053     transportation costs incurred by the person in travel to the site of construction;
1054          (f) a person engaged in the sale or merchandising of personal property that by its design
1055     or manufacture may be attached, installed, or otherwise affixed to real property who has
1056     contracted with a person, firm, or corporation licensed under this chapter to install, affix, or
1057     attach that property;
1058          (g) a contractor submitting a bid on a federal aid highway project, if, before
1059     undertaking construction under that bid, the contractor is licensed under this chapter;
1060          (h) (i) subject to Subsection 58-1-401(2) and Sections 58-55-501 and 58-55-502, a
1061     person engaged in the alteration, repair, remodeling, or addition to or improvement of a
1062     building with a contracted or agreed value of less than $3,000, including both labor and
1063     materials, and including all changes or additions to the contracted or agreed upon work; and
1064          (ii) notwithstanding Subsection (1)(h)(i) and except as otherwise provided in this
1065     section:
1066          (A) work in the plumbing and electrical trades on a Subsection (1)(h)(i) project within
1067     any six month period of time:
1068          (I) must be performed by a licensed electrical or plumbing contractor, if the project
1069     involves an electrical or plumbing system; and
1070          (II) may be performed by a licensed journeyman electrician or plumber or an individual
1071     referred to in Subsection (1)(h)(ii)(A)(I), if the project involves a component of the system
1072     such as a faucet, toilet, fixture, device, outlet, or electrical switch;
1073          (B) installation, repair, or replacement of a residential or commercial gas appliance or a
1074     combustion system on a Subsection (1)(h)(i) project must be performed by a person who has
1075     received certification under Subsection 58-55-308(2) except as otherwise provided in
1076     Subsection 58-55-308(2)(d) or 58-55-308(3);
1077          (C) installation, repair, or replacement of water-based fire protection systems on a
1078     Subsection (1)(h)(i) project must be performed by a licensed fire suppression systems

1079     contractor or a licensed journeyman plumber;
1080          (D) work as an alarm business or company or as an alarm company agent shall be
1081     performed by a licensed alarm business or company or a licensed alarm company agent, except
1082     as otherwise provided in this chapter;
1083          (E) installation, repair, or replacement of an alarm system on a Subsection (1)(h)(i)
1084     project must be performed by a licensed alarm business or company or a licensed alarm
1085     company agent;
1086          (F) installation, repair, or replacement of a heating, ventilation, or air conditioning
1087     system (HVAC) on a Subsection (1)(h)(i) project must be performed by an HVAC contractor
1088     licensed by the division;
1089          (G) installation, repair, or replacement of a radon mitigation system or a soil
1090     depressurization system must be performed by a licensed contractor; and
1091          (H) if the total value of the project is greater than $1,000, the person shall file with the
1092     division a one-time affirmation, subject to periodic reaffirmation as established by division
1093     rule, that the person has:
1094          (I) public liability insurance in coverage amounts and form established by division
1095     rule; and
1096          (II) if applicable, workers compensation insurance which would cover an employee of
1097     the person if that employee worked on the construction project;
1098          (i) a person practicing a specialty contractor classification or construction trade which
1099     the director does not classify by administrative rule as significantly impacting the public's
1100     health, safety, and welfare;
1101          (j) owners and lessees of property and persons regularly employed for wages by owners
1102     or lessees of property or their agents for the purpose of maintaining the property, are exempt
1103     from this chapter when doing work upon the property;
1104          (k) (i) a person engaged in minor plumbing work that is incidental, as defined by the
1105     division by rule, to the replacement or repair of a fixture or an appliance in a residential or
1106     small commercial building, or structure used for agricultural use, as defined in Section
1107     15A-1-202, provided that no modification is made to:
1108          (A) existing culinary water, soil, waste, or vent piping; or
1109          (B) a gas appliance or combustion system; and

1110          (ii) except as provided in Subsection (1)(e), installation for the first time of a fixture or
1111     an appliance is not included in the exemption provided under Subsection (1)(k)(i);
1112          (l) a person who ordinarily would be subject to the plumber licensure requirements
1113     under this chapter when installing or repairing a water conditioner or other water treatment
1114     apparatus if the conditioner or apparatus:
1115          (i) meets the appropriate state construction codes or local plumbing standards; and
1116          (ii) is installed or repaired under the direction of a person authorized to do the work
1117     under an appropriate specialty contractor license;
1118          (m) a person who ordinarily would be subject to the electrician licensure requirements
1119     under this chapter when employed by:
1120          (i) railroad corporations, telephone corporations or their corporate affiliates, elevator
1121     contractors or constructors, or street railway systems; or
1122          (ii) public service corporations, rural electrification associations, or municipal utilities
1123     who generate, distribute, or sell electrical energy for light, heat, or power;
1124          (n) a person involved in minor electrical work incidental to a mechanical or service
1125     installation, including the outdoor installation of an above-ground, prebuilt hot tub;
1126          (o) a person who ordinarily would be subject to the electrician licensure requirements
1127     under this chapter but who during calendar years 2009, 2010, or 2011 was issued a specialty
1128     contractor license for the electrical work associated with the installation, repair, or maintenance
1129     of solar energy panels, may continue the limited electrical work for solar energy panels under a
1130     specialty contractor license;
1131          (p) a student participating in construction trade education and training programs
1132     approved by the commission with the concurrence of the director under the condition that:
1133          (i) all work intended as a part of a finished product on which there would normally be
1134     an inspection by a building inspector is, in fact, inspected and found acceptable by a licensed
1135     building inspector; and
1136          (ii) a licensed contractor obtains the necessary building permits;
1137          (q) a delivery person when replacing any of the following existing equipment with a
1138     new gas appliance, provided there is an existing gas shutoff valve at the appliance:
1139          (i) gas range;
1140          (ii) gas dryer;

1141          (iii) outdoor gas barbeque; or
1142          (iv) outdoor gas patio heater;
1143          (r) a person performing maintenance on an elevator as defined in Subsection
1144     58-55-102[(14)](15), if the maintenance is not related to the operating integrity of the elevator;
1145     and
1146          (s) an apprentice or helper of an elevator mechanic licensed under this chapter when
1147     working under the general direction of the licensed elevator mechanic.
1148          (2) A compliance agency as defined in Section 15A-1-202 that issues a building permit
1149     to a person requesting a permit as a sole owner of property referred to in Subsection (1)(d) shall
1150     notify the division, in writing or through electronic transmission, of the issuance of the permit.
1151          Section 12. Section 58-56-3.5 is enacted to read:
1152          58-56-3.5. Surcharge fee.
1153          (1) In addition to any other fees authorized by this chapter or by the division in
1154     accordance with Section 63J-1-504, the division shall require each applicant for an initial
1155     license, renewal of a license, or reinstatement of a license under this chapter to pay a $1
1156     surcharge fee.
1157          (2) The surcharge fee shall be used by the division to provide each licensee under this
1158     chapter with access to an electronic reference library that provides web-based access to
1159     national, state, and local building codes and standards.
1160          Section 13. Section 63J-1-602.1 is amended to read:
1161          63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
1162          Appropriations made from the following accounts or funds are nonlapsing:
1163          (1) The Utah Intracurricular Student Organization Support for Agricultural Education
1164     and Leadership Restricted Account created in Section 4-42-102.
1165          (2) The Native American Repatriation Restricted Account created in Section 9-9-407.
1166          (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
1167     Section 9-18-102.
1168          (4) The National Professional Men's Soccer Team Support of Building Communities
1169     Restricted Account created in Section 9-19-102.
1170          (5) Funds collected for directing and administering the C-PACE district created in
1171     Section 11-42a-302.

1172          (6) Award money under the State Asset Forfeiture Grant Program, as provided under
1173     Section 24-4-117.
1174          (7) Funds collected from the program fund for local health department expenses
1175     incurred in responding to a local health emergency under Section 26-1-38.
1176          (8) Funds collected from the emergency medical services grant program, as provided in
1177     Section 26-8a-207.
1178          (9) The Prostate Cancer Support Restricted Account created in Section 26-21a-303.
1179          (10) The Children with Cancer Support Restricted Account created in Section
1180     26-21a-304.
1181          (11) State funds for matching federal funds in the Children's Health Insurance Program
1182     as provided in Section 26-40-108.
1183          (12) The Children with Heart Disease Support Restricted Account created in Section
1184     26-58-102.
1185          (13) The Nurse Home Visiting Restricted Account created in Section 26-62-601.
1186          (14) The Technology Development Restricted Account created in Section 31A-3-104.
1187          (15) The Criminal Background Check Restricted Account created in Section
1188     31A-3-105.
1189          (16) The Captive Insurance Restricted Account created in Section 31A-3-304, except
1190     to the extent that Section 31A-3-304 makes the money received under that section free revenue.
1191          (17) The Title Licensee Enforcement Restricted Account created in Section
1192     31A-23a-415.
1193          (18) The Health Insurance Actuarial Review Restricted Account created in Section
1194     31A-30-115.
1195          (19) The Insurance Fraud Investigation Restricted Account created in Section
1196     31A-31-108.
1197          (20) The Underage Drinking Prevention Media and Education Campaign Restricted
1198     Account created in Section 32B-2-306.
1199          (21) The School Readiness Restricted Account created in Section 35A-3-210.
1200          (22) The Youth Development Organization Restricted Account created in Section
1201     35A-8-1903.
1202          (23) The Youth Character Organization Restricted Account created in Section

1203     35A-8-2003.
1204          (24) Money received by the Utah State Office of Rehabilitation for the sale of certain
1205     products or services, as provided in Section 35A-13-202.
1206          (25) The Oil and Gas Conservation Account created in Section 40-6-14.5.
1207          (26) The Electronic Payment Fee Restricted Account created by Section 41-1a-121 to
1208     the Motor Vehicle Division.
1209          (27) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
1210     created by Section 41-3-110 to the State Tax Commission.
1211          (28) The Utah Law Enforcement Memorial Support Restricted Account created in
1212     Section 53-1-120.
1213          (29) The State Disaster Recovery Restricted Account to the Division of Emergency
1214     Management, as provided in Section 53-2a-603.
1215          (30) The Department of Public Safety Restricted Account to the Department of Public
1216     Safety, as provided in Section 53-3-106.
1217          (31) The Utah Highway Patrol Aero Bureau Restricted Account created in Section
1218     53-8-303.
1219          (32) The DNA Specimen Restricted Account created in Section 53-10-407.
1220          (33) The Canine Body Armor Restricted Account created in Section 53-16-201.
1221          (34) A certain portion of money collected for administrative costs under the School
1222     Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
1223          (35) The Public Utility Regulatory Restricted Account created in Section 54-5-1.5,
1224     subject to Subsection 54-5-1.5(4)(d).
1225          (36) Funds collected from a surcharge fee to provide certain licensees with access to an
1226     electronic reference library, as provided in Section 58-3a-105.
1227          [(36)] (37) Certain fines collected by the Division of Occupational and Professional
1228     Licensing for violation of unlawful or unprofessional conduct that are used for education and
1229     enforcement purposes, as provided in Section 58-17b-505.
1230          (38) Funds collected from a surcharge fee to provide certain licensees with access to an
1231     electronic reference library, as provided in Section 58-22-104.
1232          (39) Funds collected from a surcharge fee to provide certain licensees with access to an
1233     electronic reference library, as provided in Section 58-55-106.

1234          (40) Funds collected from a surcharge fee to provide certain licensees with access to an
1235     electronic reference library, as provided in Section 58-56-3.5.
1236          [(37)] (41) Certain fines collected by the Division of Occupational and Professional
1237     Licensing for use in education and enforcement of the Security Personnel Licensing Act, as
1238     provided in Section 58-63-103.
1239          [(38)] (42) The Relative Value Study Restricted Account created in Section 59-9-105.
1240          [(39)] (43) The Cigarette Tax Restricted Account created in Section 59-14-204.
1241          [(40)] (44) Funds paid to the Division of Real Estate for the cost of a criminal
1242     background check for a mortgage loan license, as provided in Section 61-2c-202.
1243          [(41)] (45) Funds paid to the Division of Real Estate for the cost of a criminal
1244     background check for principal broker, associate broker, and sales agent licenses, as provided
1245     in Section 61-2f-204.
1246          [(42)] (46) Certain funds donated to the Department of Human Services, as provided in
1247     Section 62A-1-111.
1248          [(43)] (47) The National Professional Men's Basketball Team Support of Women and
1249     Children Issues Restricted Account created in Section 62A-1-202.
1250          [(44)] (48) Certain funds donated to the Division of Child and Family Services, as
1251     provided in Section 62A-4a-110.
1252          [(45)] (49) The Choose Life Adoption Support Restricted Account created in Section
1253     62A-4a-608.
1254          [(46)] (50) Funds collected by the Office of Administrative Rules for publishing, as
1255     provided in Section 63G-3-402.
1256          [(47)] (51) The Immigration Act Restricted Account created in Section 63G-12-103.
1257          [(48)] (52) Money received by the military installation development authority, as
1258     provided in Section 63H-1-504.
1259          [(49)] (53) The Computer Aided Dispatch Restricted Account created in Section
1260     63H-7a-303.
1261          [(50)] (54) The Unified Statewide 911 Emergency Service Account created in Section
1262     63H-7a-304.
1263          [(51)] (55) The Utah Statewide Radio System Restricted Account created in Section
1264     63H-7a-403.

1265          [(52)] (56) The Employability to Careers Program Restricted Account created in
1266     Section 63J-4-703.
1267          [(53)] (57) The Motion Picture Incentive Account created in Section 63N-8-103.
1268          [(54)] (58) Certain money payable for expenses of the Pete Suazo Utah Athletic
1269     Commission, as provided under Section 63N-10-301.
1270          [(55)] (59) Funds collected by the housing of state probationary inmates or state parole
1271     inmates, as provided in Subsection 64-13e-104(2).
1272          [(56)] (60) Certain forestry and fire control funds utilized by the Division of Forestry,
1273     Fire, and State Lands, as provided in Section 65A-8-103.
1274          [(57)] (61) Certain funds received by the Office of the State Engineer for well drilling
1275     fines or bonds, as provided in Section 73-3-25.
1276          [(58)] (62) The Water Resources Conservation and Development Fund, as provided in
1277     Section 73-23-2.
1278          [(59)] (63) Funds donated or paid to a juvenile court by private sources, as provided in
1279     Subsection 78A-6-203(1)(c).
1280          [(60)] (64) Fees for certificate of admission created under Section 78A-9-102.
1281          [(61)] (65) Funds collected for adoption document access as provided in Sections
1282     78B-6-141, 78B-6-144, and 78B-6-144.5.
1283          [(62)] (66) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades
1284     State Park, Jordan River State Park, and Green River State Park, as provided under Section
1285     79-4-403.
1286          [(63)] (67) Certain funds received by the Division of Parks and Recreation from the
1287     sale or disposal of buffalo, as provided under Section 79-4-1001.
1288          [(64)] (68) Funds collected for indigent defense as provided in Title 77, Chapter 32,
1289     Part 8, Utah Indigent Defense Commission.