2021 UTAH LEGISLATIVE SESSION BILL TRACKER

NUMBERTITLESPONSORSUMMARYSTATUSUMCA POSITION
HB 71Lien Restriction and Recovery Fund amend.Rep. MossThis bill:
          
▸     adds "condominium unit" to the definition of "residence" for purposes of the  Residence Lien Restriction and Lien Recovery Fund Act and Title 38, Chapter 1a,  Part 7, Enforcement of Preconstruction and Construction Liens; and
▸     makes technical and conforming changes.
Did not passNEUTRAL
HB 98 4th SubLocal Government Building Regulation ActRep. PaulThis bill:
 
▸     allows a building permit applicant to opt out of certain local building inspection and plan review requirements;[if applicant engages a licensed building inspector to complete all required inspections of the construction project on the applicant’s behalf if the construction project is for a one to two family dwelling or townhome]
  
▸     allows an independent building inspector to issue a certificate of occupancy to a building permit applicant in certain circumstances;
  
▸     exempts a construction project involving repairs to a building damaged by a natural disaster from certain State Construction Code and building permit requirements;
  
▸     prohibits a municipality or county from regulating certain building design elements;  and
  
▸     makes technical and conforming changes.
PassedNEUTRAL
HB 183Professional Licensing Amendments
Rep. Birkeland
This bill provides:
 the division shall issue a license  without examination to a person if:
      
(a) the person has at least three years of experience in an occupation or profession outside of this state in a state, district, or territory of the United States that does not require a  professional license to practice the occupation or profession, but where this state does require a
license to practice the occupation or profession;
      
(b) the person has no previous or pending criminal indictments or civil actions against  the person related to the person's practice of the occupation or profession for which licensure is  sought; and
      
(c) the division determines that:
          (i) the person's education and training are similar in scope to the requirements to qualify to receive a license in this state; and
          
(ii) the person's scope of practice while completing the experience required by Subsection (2)(a) encompasses a similar scope of practice as the license sought in this state
Did not pass
NO POSITION TAKEN
HB 355 1st Sub.
Worker’s Comp. Revisions
Rep. Hawkes
This bill has been amended to restore provisions of the Worker’s Comp Act by removing the deleted third party recovery limitations set forth in the original bill.
PassedNO POSITION TAKEN
HB 357
Written Agreements Amendments
Rep Abbot
This bill creates new requirements for amending written contracts.

  15-11-201. Written agreements and oral modifications.
  The following applies to a written agreement entered into on or after May 5, 2021.
          (1) A signed, written agreement that prohibits modification or rescission except by a signed writing may not be modified or rescinded by a means other than a signed writing.
         (2) The requirements of Title 25, Chapter 5, Statute of Frauds, must be satisfied if the written agreement as modified is within the provisions of Title 25, Chapter 5, Statute of Frauds.
         (3) Although an attempt to modify or rescind a written agreement described in  Subsection (1) does not satisfy the requirements of Subsection (1) or (2), the attempt to modify or rescind may operate as a waiver.
         (4) This section does not apply to an agreement governed by Title 70A, Uniform Commercial Code.
Did not Pass
NO POSITION TAKEN
HB 361
Minimum Wage Amendments
Rep. Matthews
This bilI:
• Increase the minimum wage to $7.75 and $7.50, depending upon locality, commencing July l, 2021.
• Sets the minimum wage for minors to be the same as for adults;
• Sets a schedule for annual increases in the minimum wage at least through 2021.
Did not Pass
NO POSITION TAKEN
SB 33
Uniform Building Code Amendments
Sens. Bramble and Schultz
 This bill:
 
▸     adopts the 2020 edition of the National Electrical Code;

▸     amends statewide amendments to the International Building Code and the International Residential Code to reference the 2020 edition of the National Electrical Code;

▸     amends statewide amendments to the National Electrical Code to update the reference of a deleted section;
PassedSUPPORT
SB 46
Post -Employment Restriction Amendments
Sen Cullimore
 This bill:
modifies the permissible scope of a post-employment restrictive covenant.
[This bill remains limited to the Broadcast industry. Monitor for expansion of scope to other industries]
Did not Pass
OPPOSED
SB 89
Pre Construction and Construction Lien Amendments
Sen. McKell
This bill:
 
▸     defines terms; "Progress waiver" means a form that complies with Subsection 38-1a-802(4)(b)
▸     removes the requirement that an owner file a notice of intent to obtain final completion; [But the published bill does not delete that section]
• Leaves Section 38-1-603 in effect for financing that would take priority over construction liens without limiting the use of funds for the construction process.
▸   Enacts new Section 38-1a-605 which amends provisions regarding a notice of intent to finance and enacts provisions regarding a notice of intent to finance construction or advance construction funds; adding that if the financing does not occur within 30 days of the notice, ) a final lien waiver or progress waiver filed in connection with the notice of intent to finance shall automatically have no effect.

▸   provides that a subcontractor may file with the registry a final lien waiver[.]:
       (a) within five days after the day on which the project property's owner or owner's agent files:
         (i) a notice of intent to finance under Section 38-1a-603; or
         (ii) a notice of intent to finance construction or advance construction funds under Section 38-1a-605; or
       (b) at any time before the project property's owner or owner's agent files a notice described in Subsection (1)(a). 

• Adds New section 38-1a-606 which Provides that A subcontractor that files a preliminary notice pertaining to a project property may file with the registry a progress waiver:
     (1) within five days after the day on which the project property's owner or owner's agent files:

          (a) a notice of intent to finance under Section 38-1a-603 on the project property; or
          (b) a notice of intent to finance construction or advance construction funds under Section 38-1a-605 on the project property; and
      (2) if the subcontractor:
          (a) is owed money under the original contract; or
          (b) anticipates performing additional services under the original contract.
• Provides that the waiver and release may be in substantially the [statutory form] if the claimant is  required to execute a waiver and release in exchange for or to induce the payment of a progress
 billing, and shall be in the following form if the waiver is a progress waiver filed under the new Section  38-1a-606:

• Amends Section 38-1a-805 regarding Petition to nullify lien by specifying failure to provide timely preliminary notice under Subsection 38-1a-401(1) or  38-1a-501(1), as applicable.
Did not Pass
OPPOSED
SB 188
Procurement Code Revisions
Sen. Owens
This Bill:
• Adds elements for consideration for award of bid to include:
-(b) to achieve the greatest long-term value to the state and the procurement unit.
Adds the following:
63G-6a-1206.5. Change in contract price.
     (1) As used in this section, "contract price":
          (a) means the price under an existing contract between a procurement unit and a contractor; and
          (b) does not include a proposed price or cost contained in a solicitation response or any other bid, proposal, or offer submitted by a person other than the contractor under the existing contract.
Passed
SUPPORT

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