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7 LONG TITLE
8 General Description:
9 This bill enacts provisions relating to labor provided by an apprentice for a public
10 works project.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ makes technical and conforming changes; and
15 ▸ for certain public works projects:
16 • requires that a specified amount of labor be performed by an apprentice;
17 • establishes other requirements for a contract between a government entity and a
18 contractor relating to labor provided by an apprentice; and
19 • provides exceptions to the apprentice labor requirement under certain
20 circumstances.
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 RENUMBERS AND AMENDS:
30 34-30-101, (Renumbered from 34-30-1, as enacted by Laws of Utah 1969, Chapter 85)
31 34-30-102, (Renumbered from 34-30-8, as enacted by Laws of Utah 1969, Chapter 85)
32 34-30-103, (Renumbered from 34-30-9, as last amended by Laws of Utah 2018,
33 Chapter 148)
34 34-30-104, (Renumbered from 34-30-13, as last amended by Laws of Utah 2016,
35 Chapter 348)
36 34-30-105, (Renumbered from 34-30-14, as last amended by Laws of Utah 2007,
37 Chapter 329)
38
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 34-30-101, which is renumbered from Section 34-30-1 is
41 renumbered and amended to read:
42
43 [
44 included in contracts.
45 (1) In employing workmen in the construction of public works by the state or
46 any county or municipality, or by persons contracting with the state or any county or
47 municipality, preference shall be given citizens of the United States, or those having declared
48 their intention of becoming citizens.
49 (2) In each contract for the construction of public works a provision shall be inserted to
50 the effect that, if the provisions of this section are not complied with, the contract shall be void.
51 Section 2. Section 34-30-102, which is renumbered from Section 34-30-8 is
52 renumbered and amended to read:
53 [
54 regular rate.
55 (1) Forty hours shall constitute a working week on all works and undertakings carried
56 on by the state, county, or municipal governments, or by any officer of the state or of any
57 county or municipal government.
58 (2) Any persons, corporation, firm, contractor, agent, manager, or foreman, who shall
59 require or contract with any person to work upon such works or undertakings longer than 40
60 hours in one week shall pay such employees at a rate not less than one and one-half times the
61 regular rate at which he is employed.
62 Section 3. Section 34-30-103, which is renumbered from Section 34-30-9 is
63 renumbered and amended to read:
64 [
65 records -- Misdemeanor.
66 Any officer, agent or representative of the state, or of any political subdivision, district
67 or municipality of it who shall violate, or omit to comply with any of the provisions of this
68 chapter, and any contractor or subcontractor, or agent or representative thereof, doing such
69 public work, who shall neglect to keep, or cause to be kept, an accurate record of the names,
70 occupation and actual wages paid to each laborer, workman and mechanic employed by him or
71 her, in connection with this public work or who shall refuse to allow access to same at any
72 reasonable hour to any person authorized to inspect same under this chapter is guilty of a class
73 B misdemeanor.
74 Section 4. Section 34-30-104, which is renumbered from Section 34-30-13 is
75 renumbered and amended to read:
76 [
77 Notwithstanding any other provision in this chapter to the contrary, the governor of the
78 state of Utah may, in the governor's discretion, elect to suspend the provisions of this chapter in
79 whole or in part if it becomes necessary to do so in order to comply with requirements imposed
80 by the government of the United States, in order for the state of Utah to remain eligible for
81 participation in programs which are financed in whole or in part by the United States
82 government.
83 Section 5. Section 34-30-105, which is renumbered from Section 34-30-14 is
84 renumbered and amended to read:
85 [
86 (1) For purposes of this section:
87 (a) "Political subdivision" means a county, city, town, school district, local district,
88 special service district, public corporation, institution of higher education of the state, public
89 agency of any political subdivision, or other entity that expends public funds for construction,
90 maintenance, repair or improvement of public works.
91 (b) "Public works" or "public works project" means a building, road, street, sewer,
92 storm drain, water system, irrigation system, reclamation project, or other facility owned or to
93 be contracted for by the state or a political subdivision, and that is to be paid for in whole or in
94 part with tax revenue paid by residents of the state.
95 (2) (a) Except as provided in Subsection (2)(b) or as required by federal or state law,
96 the state or any political subdivision that contracts for the construction, maintenance, repair, or
97 improvement of public works may not require that a contractor, subcontractor, or material
98 supplier or carrier engaged in the construction, maintenance, repair, or improvement of public
99 works pay its employees:
100 (i) a predetermined amount of wages or wage rate; or
101 (ii) a type, amount, or rate of employee benefits.
102 (b) Subsection (2)(a) does not apply when federal law requires the payment of
103 prevailing or minimum wages to persons working on projects funded in whole or in part by
104 federal funds.
105 (3) The state or any political subdivision that contracts for the construction,
106 maintenance, repair, or improvement of public works may not require that a contractor,
107 subcontractor, or material supplier or carrier engaged in the construction, maintenance, repair
108 or improvement of public works execute or otherwise become a party to any project labor
109 agreement, collective bargaining agreement, prehire agreement, or any other agreement with
110 employees, their representatives, or any labor organization as a condition of bidding,
111 negotiating, being awarded, or performing work on a public works project.
112 (4) This section applies to any contract executed after May 1, 1995.
113 Section 6. Section 34-30-201 is enacted to read:
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115 34-30-201. Definitions.
116 As used in this part:
117 (1) "Apprentice" means the same as that term is defined in Section 35A-6-102.
118 (2) "Apprenticeship utilization requirement" means a requirement related to the amount
119 of labor performed by an apprentice.
120 (3) "Governmental entity" means:
121 (a) a political subdivision; or
122 (b) the state.
123 (4) (a) "Labor hour" means an hour of construction work performed by an individual
124 receiving an hourly wage.
125 (b) "Labor hour" includes an hour of work performed by:
126 (i) an individual employed by the contractor; or
127 (ii) an individual employed by a subcontractor.
128 (c) "Labor hour" does not include an hour of work performed by:
129 (i) a foreman;
130 (ii) a superintendent; or
131 (iii) the company owner of a general contractor or subcontractor.
132 (5) "Political subdivision" means the same as that term is defined in Section 34-30-14.
133 (6) "Public works project" means the same as that term is defined in Section 34-30-14.
134 (7) "Short-term project" means a project that is scheduled to be completed within three
135 months after the day on which work begins on the project.
136 Section 7. Section 34-30-202 is enacted to read:
137 34-30-202. Labor provided by an apprentice.
138 (1) Subsection (2) applies to each public works project:
139 (a) for which a governmental entity enters into a contract on or after July 1, 2023; and
140 (b) that is estimated to cost $500,000 or more.
141 (2) Except as provided in Subsection (3)(a), a governmental entity shall include in a
142 contract for a public works project described in Subsection (1):
143 (a) an apprenticeship utilization requirement that requires apprentices complete at least
144 10% of:
145 (i) the total labor hours performed by workers from each trade; and
146 (ii) the total labor hours performed by each contractor and subcontractor; and
147 (b) that each contractor and subcontractor provide to the governmental entity quarterly
148 or, if a short-term project, at completion of the short-term project, a payroll report that certifies:
149 (i) for each worker performing one or more labor hours:
150 (A) the worker's name and trade;
151 (B) the number of hours the worker worked; and
152 (C) whether the worker is a journey-level worker or an apprentice; and
153 (ii) for the quarter or the short-term project, the percentage of the total labor hours
154 completed by the contractor's or subcontractor's apprentices:
155 (A) from each trade; and
156 (B) from all trades.
157 (3) Subsection (2)(a) does not apply to a public works project if:
158 (a) the site of the public works project is in a geographic area in which there is a lack
159 of available apprentices;
160 (b) the public works project meets the cost threshold described in Subsection (1)(b) due
161 to high material costs, but requires limited labor hours; or
162 (c) the governmental entity demonstrates a good faith effort to comply with the
163 requirements described in Subsection (2)(a).