2016 Legislative Bill Tracker

2016 UTAH LEGISLATIVE SESSION BILL TRACKER

I00004z1pMToTZ2sThe 2016 Utah Legislature is now out of the gate and running, with expectations https://umca21.wpengine.com/wp-admin/edit.php?post_type=pageof addressing more than 1,100 bills that will be filed during this session. Major issues facing the Legislature this session include funding for education, addressing air pollution and medical care for senior and disabled citizens.

For over 20 years I have identified, analyzed and tracked legislative bills that affect the construction industry, specifically UMCA members.  When needed, I join with UMCA Executive Vice President Robert Bergman and UMCA Lobbyists Rob Jolley and Jodi Hart to answer questions from Legislators about these bills. The UMCA is already tracking several bills identified in the Bill Tracker below. It is updated often as bills of interest are added and the status of each bill changes in order to keep UMCA members informed of potentially impactful legislation.

– John Young, Young Hoffman, LLC

Last Updated: March 31, 2016

NUMBERTITLESPONSORSUMMARYSTATUSUMCA POSITION
HB 88Noncompetition Agreement AmendmentsGreeneThis bill:
a. This bill defines a noncompetition agreement as an agreement between an employer and employee under which the employee agrees that the employee, either alone or as an employee of another person, will not compete with the employer in providing products, processes, or services that are similar to the employer's products, processes, or services for a period of time or within a specified geographic area after termination of employment
b. The bill restricts enforcement of the agreement by:
(1) An employer may not enforce a noncompetition agreement against an employee if: (a) at the time the noncompetition agreement is executed, the employee: (i) is employed by the employer; and (ii) does not receive new consideration such as an increase in wages or a promotion; or (b) without cause, the employer terminates the employment of the employee within one year of the date on which the employee executes the noncompetition agreement.
(2) For purposes of Subsection (1)(a)(ii), continuation of employment of an existing employee is not new consideration for a noncompetition agreement.
FAILEDOppose

This bill is likely to be pulled by reason of H.B. 251
HB 108Licensing AmendmentsCoxThis Bill:
• Provides that if an applicant for license is receiving public assistance from Workforce Services, the fees for the application can be deferred if the applicant agrees to pay the fees within 6 months of licensure.

FAILEDOppose
HB 109Construction Trades Education AmendmentsCoxThis Bill:
• This bill restricts programs to only include courses related to health, safety and welfare of the public; and
• Adds the AIA and the Inter. Code Council as approved providers.
FAILEDOppose
HB 112
1st Sub.		Continuing Education For Contractor Licensing 2 AmendmentsSandall• This bill provides that an approved contractor continuing education program may include a course offered by: a state executive branch agency; the Workers' Compensation Fund; or a state or nationally accredited college or university with a campus in the state;
• provides that certain entities may offer and market to a contractor in the electrical trade, a continuing education course offered by certain electrical trade organizations; and
• provides that certain entities may market, to a contractor in the plumbing trade, a continuing education course offered by certain plumbing trade organizations.		PASSEDSupport
HB 121Building Code AmendmentsCox• This bill adds the “International Existing Building Code” to the list of codes, adds extensive provisions regarding Carbon Monoxide alarm systems, air duct leakage testing, eliminates various requirements of the International Plumbing Code, etc.FAILED
Neutral
HB 122Sales Tax Exemption For Public Building ContractorsPowel• This bill amends the sales and use tax exemption for construction materials purchased by or on behalf of the state, its institutions, or its political subdivisions. The existing statue provided that the exemption did not apply to construction materials purchased by the state, its institutions, or political subdivisions where it is installed by employees of the state, its institutions or political subdivisions. The bill eliminates this exception. FAILEDSupport
HB 171Apprentice Authorization ActAnderegg• This bill: defines terms; creates the Apprenticeship Executive Board within the Utah Department of Workforce Services; provides duties for the Apprenticeship Executive Board; establishes a process for an employer to become a certified apprenticeship sponsor; and establishes a process and certain exemptions for a student entering into an apprenticeship agreement with a certified apprenticeship sponsor.FAILEDNeutral/Oppose
HB 203Continuing Education Hours AmendmentsDuckworth• This bill: permits a contractor licensee to fulfill continuing education hours offered by certain out-of-state organizations; that are sister organizations to those organizations specifically listed in the statute and makes technical changes.FAILEDSupport
HB 251
2nd Sub		Post-Employment Restrictions AmendmentsSchultz• This bill: adopts certain post-employment restrictions prohibiting employers from limiting future competitive employment by employees.
"Post-employment restrictive covenant" is defined as follows:
"Post-employment restrictive covenant," also known as a "covenant not to compete" or "noncompete agreement," means an agreement, written or oral, between an employer and employee under which the employee agrees that the employee, either alone or as an employee of another person, will not compete with the employer in providing products, processes, or services that are similar to the employer's products, processes, or services.

This Bill:

1. Does not apply to non-competition agreements entered into prior to May 16, 2016.
2. Allows non-competition agreements for a period of one year following termination of employment.
3. Does not apply to non-solicitation, non-disclosure and confidentiality agreements.
4. Allows non-competition agreement as part of a severance agreement entered into at or after termination of employment.
5. Requires employer to pay all costs, attorneys fees and actual damages incurred by employee if the employer unsuccessfully seeks legal enforcement of the non-competition agreement.


PASSEDOppose
HB 316
6th Sub		Building Code Review and Adoption AmendmentsWilson• This bill: modifies the process by which the Legislature adopts new versions of the State Construction Code and the State Fire Code;
• addresses the ability of state and local entities to adopt a rule or ordinance that is different from the State Construction Code or the State Fire Code;
• adopts, with amendments: the 2015 International Building Code;
• the International Residential Code;
• the 2015 International Plumbing Code;
• the 2015 International Mechanical Code;
• the 2015 International Fuel Gas Code;
• the 2014 National Electric Code;
• the 2015 International Energy Conservation Code; and
• the 2015 International Existing Building Code;
• updates provisions to coordinate with the newly adopted international codes;
________________________________________
• amends provisions related to the amount of fireworks a person may store in a building equipped with an approved sprinkler system;
• amends provisions related to carbon monoxide alarm installation;
• amends provisions related to supplying toilet facilities during building construction;
• provides an alternative means of complying with the International EnergyConservation Code;
• amends provisions related to air duct leakage testing;
• modifies the amount of allowed air duct leakage;
• modifies energy rating index compliance requirements;
• modifies installation requirements for potable water supply protection;
• modifies electrical wiring requirements for a basement, garage, or accessory building;
• deletes a requirement in the International Plumbing Code that trenching parallel to a footing or wall not extend into the bearing plane of the footing or wall;
• deletes an International Plumbing Code requirement for installation of a temperature
• limiting device in a footbath, pedicure bath, or head shampoo sink;
• deletes an International Plumbing Code requirement for multiple-compartment
• limiting device in a footbath, pedicure bath, or head shampoo sink;
• deletes an International Plumbing Code requirement for multiple-compartment
• sinks that discharge independently to a waste receptor;
• provides an alternative method for storm drain installation;
• provides for the use of a gray water recycling system in a single family residential area;
• provides an alternative compliance method related to embedded joints;
• provides an alternative method for installing an overcurrent device;
• provides emission requirements for certain natural gas-fired water heaters; and
• amends provisions to coordinate with newly adopted codes and related Utah Code sections.		PASSEDNeutral
HB 319Safety Inspection AmendmentsThurston• This bill repeals the requirement that commercial vehicles obtain a safety inspection certificate on order to be registered and to operate on a highway; allows re-registration of vehicles without emission inspection if within 11 months of last emission inspection certificate, and make technical changes.FAILED Support
SB 33Occupational Safety And Health AmendmentsMayne• This bill prohibits employer termination or retaliation against an employee who files a complaint or institutes a proceeding under or related to this Chapter, or testifies in a proceeding under or related to this Chapter, or exercises any right under or related to this Chapter.
• The Division is required to investigate complaints filed under this Chapter. If it finds a violation, the Division must defend the finding on any appeal/review. If it does not find a violation, the Division may not appear in the appeal/review process.
• What is the reason for the Division being precluded from appeal where no violation had been found?		2/3 PASSEDSupport
SB 136Division of Occupational and Professional Licensing AmendmentsVickers• This bill: amends the Residence Lien Recovery Fund Act as follows:
• A payment of any claim upon the fund may not be made to an assignee or transferee unless an order issued by the director finds that:
(i) the claim is assigned or transferred to a person who is a qualified beneficiary; and
(ii) the person assigning or transferring the claim:
(A) was a qualified beneficiary during the construction on a residence; and
(B) provided the qualified services that are the basis of the claim.

Amends other Contractors Licensing requirements as follow:
• provides that the Division of Occupational and Professional Licensing (DOPL) shall comply with the Open and Public Meetings Act;
• modifies provisions related to the reinstatement of licenses that were not timely renewed, and provisions for denying licenses for violations of Professional Conduct rules.
• modifies provisions related to access to information in the controlled substance database;
PASSEDNeutral
SB 148Workforce Services Revisions Wiler• This bill:
• creates the State Workforce Development Board and describes its membership and duties;
• makes the Department of Workforce Services' Code consistent with the federal Workforce Innovation and Opportunity Act;		PASSEDSupport