1     
BUSINESS AND LABOR REPORTING REQUIREMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Joel Ferry

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     Committee Note:
9          The Business and Labor Interim Committee recommended this bill.
10               Legislative Vote:     14 voting for     0 voting against     7 absent
11     General Description:
12          This bill removes expired reporting requirements.
13     Highlighted Provisions:
14          This bill:
15          ▸     removes expired reporting requirements related to:
16               •     the Inland Port Authority community enhancement program;
17               •     the cost of insulin manufacturing and factors that determine the price of insulin;
18               •     hospital costs and workers' compensation;
19               •     the effectiveness of the Labor Commission and state law in addressing
20     discrimination in matters of compensation; and
21               •     education and training standards for state plumber and electrician apprenticeship
22     programs; and
23          ▸     makes technical and conforming changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:
30          11-58-202, as last amended by Laws of Utah 2020, Chapters 126 and 263
31          34A-2-107, as last amended by Laws of Utah 2020, Chapter 156
32          34A-2-705, as last amended by Laws of Utah 2018, Chapters 268 and 319
33          34A-5-104, as last amended by Laws of Utah 2018, Chapter 317
34          58-55-201, as last amended by Laws of Utah 2020, Chapters 154 and 339
35     REPEALS:
36          31A-22-626.5, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 11-58-202 is amended to read:
40          11-58-202. Port authority powers and duties.
41          (1) The authority has exclusive jurisdiction, responsibility, and power to coordinate the
42     efforts of all applicable state and local government entities, property owners and other private
43     parties, and other stakeholders to:
44          (a) develop and implement a business plan for the authority jurisdictional land, to
45     include an environmental sustainability component, developed in conjunction with the Utah
46     Department of Environmental Quality, incorporating policies and best practices to meet or
47     exceed applicable federal and state standards, including:
48          (i) emissions monitoring and reporting; and
49          (ii) strategies that use the best available technology to mitigate environmental impacts
50     from development and uses on the authority jurisdictional land;
51          (b) plan and facilitate the development of inland port uses on authority jurisdictional
52     land and on land in other authority project areas;
53          (c) manage any inland port located on land owned or leased by the authority; and
54          (d) establish a foreign trade zone, as provided under federal law, covering some or all
55     of the authority jurisdictional land or land in other authority project areas.
56          (2) The authority may:
57          (a) facilitate and bring about the development of inland port uses on land that is part of
58     the authority jurisdictional land or that is in other authority project areas, including engaging in
59     marketing and business recruitment activities and efforts to encourage and facilitate:
60          (i) the development of an inland port on the authority jurisdictional land; and
61          (ii) other development of the authority jurisdictional land consistent with the policies
62     and objectives described in Subsection 11-58-203(1);
63          (b) facilitate and provide funding for the development of the authority jurisdictional
64     land and land in other authority project areas, including the development of publicly owned
65     infrastructure and improvements and other infrastructure and improvements on or related to the
66     authority jurisdictional land;
67          (c) engage in marketing and business recruitment activities and efforts to encourage
68     and facilitate development of the authority jurisdictional land;
69          (d) apply for and take all other necessary actions for the establishment of a foreign
70     trade zone, as provided under federal law, covering some or all of the authority jurisdictional
71     land;
72          (e) as the authority considers necessary or advisable to carry out any of its duties or
73     responsibilities under this chapter:
74          (i) buy, obtain an option upon, or otherwise acquire any interest in real or personal
75     property;
76          (ii) sell, convey, grant, dispose of by gift, or otherwise dispose of any interest in real or
77     personal property; or
78          (iii) enter into a lease agreement on real or personal property, either as lessee or lessor;
79          (f) sue and be sued;
80          (g) enter into contracts generally;
81          (h) provide funding for the development of publicly owned infrastructure and
82     improvements or other infrastructure and improvements on or related to the authority
83     jurisdictional land or other authority project areas;
84          (i) exercise powers and perform functions under a contract, as authorized in the
85     contract;
86          (j) receive the property tax differential, as provided in this chapter;
87          (k) accept financial or other assistance from any public or private source for the
88     authority's activities, powers, and duties, and expend any funds so received for any of the
89     purposes of this chapter;
90          (l) borrow money, contract with, or accept financial or other assistance from the federal
91     government, a public entity, or any other source for any of the purposes of this chapter and
92     comply with any conditions of the loan, contract, or assistance;
93          (m) issue bonds to finance the undertaking of any development objectives of the
94     authority, including bonds under Chapter 17, Utah Industrial Facilities and Development Act,
95     bonds under Chapter 42, Assessment Area Act, and bonds under Chapter 42a, Commercial
96     Property Assessed Clean Energy Act;
97          (n) hire employees, including contract employees;
98          (o) transact other business and exercise all other powers provided for in this chapter;
99          (p) engage one or more consultants to advise or assist the authority in the performance
100     of the authority's duties and responsibilities;
101          (q) work with other political subdivisions and neighboring property owners and
102     communities to mitigate potential negative impacts from the development of authority
103     jurisdictional land;
104          (r) own and operate an intermodal facility if the authority considers the authority's
105     ownership and operation of an intermodal facility to be necessary or desirable;
106          (s) own and operate publicly owned infrastructure and improvements in a project area
107     outside the authority jurisdictional land; and
108          (t) exercise powers and perform functions that the authority is authorized by statute to
109     exercise or perform.
110          (3) (a) Beginning April 1, 2020, the authority shall:
111          (i) be the repository of the official delineation of the boundary of the authority
112     jurisdictional land, identical to the boundary as delineated in the shapefile that is the electronic
113     component of H.B. 2001, Utah Inland Port Authority Amendments, 2018 Second Special
114     Session, subject to Subsection (3)(b) and any later changes to the boundary enacted by the
115     Legislature; and
116          (ii) maintain an accurate digital file of the boundary that is easily accessible by the
117     public.
118          (b) (i) As used in this Subsection (3)(b), "split property" means a piece of land:
119          (A) with a single tax identification number; and
120          (B) that is partly included within and partly excluded from the authority jurisdictional
121     land by the boundary delineated in the shapefile described in Subsection 11-58-102(2).
122          (ii) With the consent of the mayor of the municipality in which the split property is
123     located, the executive director may adjust the boundary of the authority jurisdictional land to
124     include an excluded portion of a split property or exclude an included portion of a split
125     property.
126          (iii) In adjusting the boundary under Subsection (3)(b)(ii), the executive director shall
127     consult with the county assessor, the county surveyor, the owner of the split property, and the
128     municipality in which the split property is located.
129          (iv) A boundary adjustment under this Subsection (3)(b) affecting the northwest
130     boundary of the authority jurisdictional land shall maintain the buffer area between authority
131     jurisdictional land intended for development and land outside the boundary of the authority
132     jurisdictional land to be preserved from development.
133          (v) Upon completing boundary adjustments under this Subsection (3)(b), the executive
134     director shall cause to be recorded in the county recorder's office a map or other description,
135     sufficient for purposes of the county recorder, of the adjusted boundary of the authority
136     jurisdictional land.
137          (vi) The authority shall modify the official delineation of the boundary of the authority
138     jurisdictional land under Subsection (3)(a) to reflect a boundary adjustment under this
139     Subsection (3)(b).
140          (4) (a) The authority may establish a community enhancement program designed to
141     address the impacts that development or inland port uses within project areas have on adjacent
142     communities.
143          (b) (i) The authority may use authority money to support the community enhancement
144     program and to pay for efforts to address the impacts described in Subsection (4)(a).
145          (ii) Authority money designated for use under Subsection (4)(b)(i) is exempt from
146     execution or any other process in the collection of a judgment against or debt or other
147     obligation of the authority arising out of the authority's activities with respect to the community
148     enhancement program.
149          [(c) On or before October 31, 2020, the authority shall report on the authority's actions
150     under this Subsection (4) to:]
151          [(i) the Business, Economic Development, and Labor Appropriations Subcommittee of
152     the Legislature;]
153          [(ii) the Economic Development and Workforce Services Interim Committee of the
154     Legislature; and]
155          [(iii) the Business and Labor Interim Committee of the Legislature.]
156          (5) An intermodal facility owned by the authority is subject to a privilege tax under
157     Title 59, Chapter 4, Privilege Tax.
158          Section 2. Section 34A-2-107 is amended to read:
159          34A-2-107. Appointment of workers' compensation advisory council --
160     Composition -- Terms of members -- Duties -- Compensation.
161          (1) There is created a workers' compensation advisory council composed of:
162          (a) the following voting members whom the commissioner shall appoint:
163          (i) five employer representatives; and
164          (ii) five employee representatives;
165          (b) the following nonvoting members whom the commissioner shall appoint:
166          (i) a representative of the workers' compensation insurance carrier that provides
167     workers' compensation insurance under Section 31A-22-1001;
168          (ii) a representative of a workers' compensation insurance carrier different from the
169     workers' compensation insurance carrier listed in Subsection (1)(b)(i);
170          (iii) a representative of health care providers;
171          (iv) the Utah insurance commissioner or the insurance commissioner's designee;
172          (v) the commissioner or the commissioner's designee; and
173          (vi) a representative of hospitals; and
174          (c) the following nonvoting members:
175          (i) a member of the Senate whom the president of the Senate shall appoint; and
176          (ii) a member of the House of Representatives whom the speaker of the House of
177     Representatives shall appoint.
178          (2) Employers and employees shall consider nominating members of groups who
179     historically may have been excluded from the council, such as women, minorities, and
180     individuals with disabilities.
181          (3) (a) Except as required by Subsection (3)(b), as terms of current council members
182     expire, the commissioner, the president of the Senate, or the speaker of the House of
183     Representatives shall appoint in accordance with Subsection (1) each new member or
184     reappointed member to a two-year term beginning July 1 and ending June 30.
185          (b) Notwithstanding the requirements of Subsection (3)(a), the commissioner shall, at
186     the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
187     council members are staggered so that approximately half of the council is appointed every two
188     years.
189          (4) (a) When a vacancy occurs in the membership for any reason, the replacement shall
190     be appointed for the unexpired term.
191          (b) The commissioner shall terminate the term of a council member who ceases to be
192     representative as designated by the member's original appointment.
193          (5) The council shall confer at least quarterly for the purpose of advising the
194     commission, the division, and the Legislature on:
195          (a) the Utah workers' compensation and occupational disease laws;
196          (b) the administration of the laws described in Subsection (5)(a); and
197          (c) rules related to the laws described in Subsection (5)(a).
198          (6) Regarding workers' compensation, rehabilitation, and reemployment of employees
199     who acquire a disability because of an industrial injury or occupational disease the council
200     shall:
201          (a) offer advice on issues requested by:
202          (i) the commission;
203          (ii) the division; and
204          (iii) the Legislature; and
205          (b) make recommendations to:
206          (i) the commission; and
207          (ii) the division.
208          [(7) (a) The council shall:]
209          [(i) study how to reduce hospital costs for purposes of medical benefits for workers'
210     compensation;]
211          [(ii) study hospital billing and payment trends in the state;]
212          [(iii) study hospital fee schedules used in other states; and]
213          [(iv) collect information from third-party hospital bill review companies in the state or
214     region, to identify an average reimbursement rate that represents the approximate rate at which
215     a workers' compensation insurance carrier or self-insured employer should expect to reimburse
216     a hospital for billed hospital fees for covered medical services in the state.]
217          [(b) In accordance with Section 68-3-14, the council shall submit a written report to the
218     Business and Labor Interim Committee no later than September 1, 2019, 2020, and 2021. Each
219     written report shall include:]
220          [(i) recommendations on how to reduce hospital costs for purposes of medical benefits
221     for workers' compensation;]
222          [(ii) aggregate data on hospital billing and payment trends in the state;]
223          [(iii) the results of the council's study of hospital fee schedules from other states; and]
224          [(iv) the approximate rate at which a workers' compensation insurance carrier or
225     self-insured employer should expect to reimburse a hospital for billed hospital fees for covered
226     medical services, calculated in accordance with Subsection (7)(a)(iv).]
227          [(c) For each report described in Subsection (7)(b), the commission may contract with
228     a third-party expert to assist with the council's duties described in Subsections (7)(a) and (b).]
229          [(8)] (7) The commissioner or the commissioner's designee shall serve as the chair of
230     the council and call the necessary meetings.
231          [(9)] (8) The commission shall provide staff support to the council.
232          [(10)] (9) (a) Except as provided in Subsections [(10)] (9)(b) and [(10)](c), a member
233     may not receive compensation or benefits for the member's service.
234          (b) A member who is not a legislator may receive per diem and travel expenses in
235     accordance with:
236          (i) Section 63A-3-106;
237          (ii) Section 63A-3-107; and
238          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
239     63A-3-107.
240          (c) A member who is a legislator may receive compensation and travel expenses in
241     accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation
242     and Expenses.
243          Section 3. Section 34A-2-705 is amended to read:
244          34A-2-705. Industrial Accident Restricted Account.
245          (1) As used in this section:
246          (a) "Account" means the Industrial Accident Restricted Account created by this
247     section.
248          (b) "Advisory council" means the state workers' compensation advisory council created
249     under Section 34A-2-107.
250          (2) There is created in the General Fund a restricted account known as the "Industrial
251     Accident Restricted Account."
252          (3) (a) The account is funded from:
253          (i) .5% of the premium income remitted to the state treasurer and credited to the
254     account pursuant to Subsection 59-9-101(2)(c)(iv); and
255          (ii) amounts deposited under Section 34A-2-1003.
256          (b) If the balance in the account exceeds $500,000 at the close of a fiscal year, the
257     excess shall be transferred to the Uninsured Employers' Fund created under Section 34A-2-704.
258          (4) (a) From money appropriated by the Legislature from the account to the
259     commission and subject to the requirements of this section, the commission may fund:
260          (i) the activities of the Division of Industrial Accidents described in Section
261     34A-1-202;
262          (ii) the activities of the Division of Adjudication described in Section 34A-1-202; and
263          (iii) the activities of the commission described in Section 34A-2-1005[; and].
264          [(iv) the activities of the commission described in Subsection 34A-2-107(7)(c), up to
265     $50,000 for each of the three reports described in Subsection 34A-2-107(7)(b).]
266          (b) The money deposited in the account may not be used for a purpose other than a
267     purpose described in this Subsection (4), including an administrative cost or another activity of
268     the commission unrelated to the account.
269          (5) (a) Each year before the public hearing required by Subsection 59-9-101(2)(d)(i),
270     the commission shall report to the advisory council regarding:
271          (i) the commission's budget request to the governor for the next fiscal year related to:
272          (A) the Division of Industrial Accidents; and
273          (B) the Division of Adjudication;
274          (ii) the expenditures of the commission for the fiscal year in which the commission is
275     reporting related to:
276          (A) the Division of Industrial Accidents; and
277          (B) the Division of Adjudication;
278          (iii) revenues generated from the premium assessment under Section 59-9-101 on an
279     admitted insurer writing workers' compensation insurance in this state and on a self-insured
280     employer under Section 34A-2-202; and
281          (iv) money deposited under Section 34A-2-1003.
282          (b) The commission shall annually report to the governor and the Legislature
283     regarding:
284          (i) the use of the money appropriated to the commission under this section;
285          (ii) revenues generated from the premium assessment under Section 59-9-101 on an
286     admitted insurer writing workers' compensation insurance in this state and on a self-insured
287     employer under Section 34A-2-202; and
288          (iii) money deposited under Section 34A-2-1003.
289          Section 4. Section 34A-5-104 is amended to read:
290          34A-5-104. Powers.
291          (1) (a) The commission has jurisdiction over the subject of employment practices and
292     discrimination made unlawful by this chapter.
293          (b) The commission may adopt, publish, amend, and rescind rules, consistent with, and
294     for the enforcement of this chapter.
295          (2) The division may:
296          (a) appoint and prescribe the duties of an investigator, other employee, or agent of the
297     commission that the commission considers necessary for the enforcement of this chapter;
298          (b) receive, reject, investigate, and pass upon complaints alleging:
299          (i) discrimination in:
300          (A) employment;
301          (B) an apprenticeship program;
302          (C) an on-the-job training program; or
303          (D) a vocational school; or
304          (ii) the existence of a discriminatory or prohibited employment practice by:
305          (A) a person;
306          (B) an employer;
307          (C) an employment agency;
308          (D) a labor organization;
309          (E) an employee or member of an employment agency or labor organization;
310          (F) a joint apprenticeship committee; and
311          (G) a vocational school;
312          (c) investigate and study the existence, character, causes, and extent of discrimination
313     in employment, apprenticeship programs, on-the-job training programs, and vocational schools
314     in this state by:
315          (i) employers;
316          (ii) employment agencies;
317          (iii) labor organizations;
318          (iv) joint apprenticeship committees; and
319          (v) vocational schools;
320          (d) formulate plans for the elimination of discrimination by educational or other
321     means;
322          (e) issue publications and reports of investigations and research that:
323          (i) promote good will among the various racial, religious, and ethnic groups of the
324     state; and
325          (ii) minimize or eliminate discrimination in employment because of race, color, sex,
326     religion, national origin, age, disability, sexual orientation, or gender identity;
327          (f) prepare and transmit to the governor, at least once each year, reports describing:
328          (i) division proceedings and investigations;
329          (ii) decisions the division renders; and
330          (iii) other work performed by the division;
331          (g) recommend policies to the governor, and submit recommendation to employers,
332     employment agencies, and labor organizations to implement those policies;
333          (h) recommend legislation to the governor that the division considers necessary
334     concerning discrimination because of:
335          (i) race;
336          (ii) sex;
337          (iii) color;
338          (iv) national origin;
339          (v) religion;
340          (vi) age;
341          (vii) disability;
342          (viii) sexual orientation; or
343          (ix) gender identity; and
344          (i) within the limits of appropriations made for the division's operation, cooperate with
345     other agencies or organizations, both public and private, in the planning and conducting of
346     educational programs designed to eliminate discriminatory practices prohibited under this
347     chapter.
348          (3) In addition to processing complaints made in accordance with this chapter, the
349     division shall investigate an alleged discriminatory practice involving an officer or employee of
350     state government when requested by the Career Service Review Office.
351          (4) (a) In an investigation held under this chapter, the division may subpoena a person
352     to compel the person to:
353          (i) cooperate and participate in an interview; or
354          (ii) produce for examination a book, paper, or other information relating to the matters
355     raised by the complaint.
356          (b) If a person fails or refuses to obey a subpoena issued by the division, the division
357     may petition the district court to enforce the subpoena.
358          (c) If a person asserts a privilege against self-incrimination, testimony and evidence
359     from the witness may be compelled pursuant to Title 77, Chapter 22b, Grants of Immunity.
360          [(5) In 2018, before November 1, the division shall submit, in accordance with Section
361     68-3-14, a written report to the Business and Labor Interim Committee on the effectiveness of
362     the commission and state law in addressing discrimination in matters of compensation. ]
363          Section 5. Section 58-55-201 is amended to read:
364          58-55-201. Boards created -- Duties.
365          (1) There is created the Plumbers Licensing Board consisting of seven members as
366     follows:
367          (a) three members shall be licensed from among the license classifications of master or
368     journeyman plumber, of whom at least one shall represent a union organization and at least one
369     shall be selected having no union affiliation;
370          (b) three members shall be licensed plumbing contractors, of whom at least one shall
371     represent a union organization and at least one shall be selected having no union affiliation;
372     and
373          (c) one member shall be from the public at large with no history of involvement in the
374     construction trades.
375          (2) (a) There is created the Alarm System Security and Licensing Board consisting of
376     five members as follows:
377          (i) three individuals who are officers or owners of a licensed alarm business;
378          (ii) one individual from among nominees of the Utah Peace Officers Association; and
379          (iii) one individual representing the general public.
380          (b) The Alarm System Security and Licensing Board shall designate one of its
381     members on a permanent or rotating basis to:
382          (i) assist the division in reviewing complaints concerning the unlawful or
383     unprofessional conduct of a licensee; and
384          (ii) advise the division in its investigation of these complaints.
385          (c) A board member who has, under this Subsection (2)(c), reviewed a complaint or
386     advised in its investigation is disqualified from participating with the board when the board
387     serves as a presiding officer in an adjudicative proceeding concerning the complaint.
388          (3) There is created the Electricians Licensing Board consisting of seven members as
389     follows:
390          (a) three members shall be licensed from among the license classifications of master or
391     journeyman electrician, of whom at least one shall represent a union organization and at least
392     one shall be selected having no union affiliation;
393          (b) three members shall be licensed electrical contractors, of whom at least one shall
394     represent a union organization and at least one shall be selected having no union affiliation;
395     and
396          (c) one member shall be from the public at large with no history of involvement in the
397     construction trades or union affiliation.
398          (4) The duties, functions, and responsibilities of each board described in Subsections
399     (1) through (3) include the following:
400          (a) recommending to the commission appropriate rules;
401          (b) recommending to the commission policy and budgetary matters;
402          (c) approving and establishing a passing score for applicant examinations;
403          (d) overseeing the screening of applicants for licensing, renewal, reinstatement, and
404     relicensure;
405          (e) assisting the commission in establishing standards of supervision for students or
406     persons in training to become qualified to obtain a license in the occupation or profession the
407     board represents; and
408          (f) acting as presiding officer in conducting hearings associated with the adjudicative
409     proceedings and in issuing recommended orders when so authorized by the commission.
410          [(5) The division, in collaboration with the Plumbers Licensing Board and the
411     Electricians Licensing Board, shall provide a preliminary report on or before October 1, 2019,
412     and a final written report on or before June 1, 2020, to the Business and Labor Interim
413     Committee and the Occupational and Professional Licensure Review Committee that provides
414     recommendations for consistent educational and training standards for plumber and electrician
415     apprentice programs in the state, including recommendations for education and training
416     provided by all providers, including institutions of higher education and technical colleges.]
417          Section 6. Repealer.
418          This bill repeals:
419          Section 31A-22-626.5, Affordable insulin study.