1     
APPRENTICESHIP UTILIZATION ACT

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: David P. Hinkins

5     
House Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill enacts provisions related to labor for public works projects provided by an
10     apprentice.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     for certain public works projects:
15               •     requires that at least a specified amount of labor be performed by an apprentice;
16     and
17               •     establishes other requirements for a contract between a government entity and a
18     contractor related to apprentices; and
19          ▸     provides exceptions to the minimum amount of labor for a public works project that
20     is required to be performed by an apprentice.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     ENACTS:
27          34-30-201, Utah Code Annotated 1953

28          34-30-202, Utah Code Annotated 1953
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 34-30-201 is enacted to read:
32     
Part 2. Apprenticeships

33          34-30-201. Definitions.
34          As used in this part:
35          (1) "Apprentice" means the same as that term is defined in Section 35A-6-102.
36          (2) "Apprenticeship utilization requirement" means a requirement related to the amount
37     of labor performed by an apprentice.
38          (3) "Government entity" means:
39          (a) a political subdivision; or
40          (b) the state.
41          (4) (a) "Labor hour" means an hour of work on the site of a public works project
42     performed by an individual receiving an hourly wage to provide construction work on the site,
43     including:
44          (i) an individual employed by the contractor; or
45          (ii) an individual employed by a subcontractor.
46          (b) "Labor hour" does not include an hour of work performed by:
47          (i) a foreman;
48          (ii) a superintendent; or
49          (iii) the company owner of a general contractor or subcontractor.
50          (5) "Political subdivision" means the same as that term is defined in Section 34-30-14.
51          (6) "Public works" or "public works project" means the same as that term is defined in
52     Section 34-30-14.
53          Section 2. Section 34-30-202 is enacted to read:
54          34-30-202. Labor provided by an apprentice.
55          (1) A government entity is subject to Subsection (2) for each public works project:
56          (a) for which the government entity enters into a contract on or after July 1, 2020; and
57          (b) that is estimated to cost $500,000 or more.
58          (2) For a public works project described in Subsection (1), a government entity shall

59     require in a contract for the public works project that:
60          (a) except as provided in Subsection (3)(a), apprentices complete at least 15% of:
61          (i) the total labor hours performed by workers from each trade; and
62          (ii) the total labor hours performed by each contractor and subcontractor; and
63          (b) each contractor and subcontractor provide to the government entity a payroll report
64     at least monthly that certifies, for each worker performing one or more labor hours, the
65     worker's:
66          (i) name;
67          (ii) trade;
68          (iii) number of hours worked; and
69          (iv) whether the worker is a journey-level worker or an apprentice.
70          (3) A government entity is exempt from:
71          (a) the requirements described in Subsection (2)(a) for a specific public works project
72     if:
73          (i) the site of the public works projects is in a geographic area in which there is a lack
74     of available apprentices;
75          (ii) the public works project meets the cost threshold described in Subsection (1)(b)
76     due to high materials costs, but requires limited labor hours; or
77          (iii) the government entity demonstrates a good faith effort to comply with the
78     requirements described in this section; and
79          (b) the requirements described in this section, if the government entity has an
80     apprenticeship utilization requirement for a public works project that is equal to or exceeds the
81     apprenticeship utilization requirement described in this section.