Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 104 (2017GS)

Sponsor

Sen. Buxton, D. G.

Final action

Governor Signed 3/28/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides that a district court may renew as a judgment of the district court certain final administrative orders related to wage claims and workers' compensation; and
• makes technical changes.

Every vote on this bill

Bill text

LABOR COMMISSION ENFORCEMENT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: D. Gregg Buxton
House Sponsor: 
Jeremy A. Peterson
LONG TITLE
General Description:
This bill modifies provisions related to enforcement of administrative orders from
within the Utah Labor Commission.
Highlighted Provisions:
This bill:
▸ provides that a district court may renew as a judgment of the district court certain
final administrative orders related to wage claims and workers' compensation; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
34-28-9
, as last amended by Laws of Utah 2014, Chapter 188
34A-2-212
, as last amended by Laws of Utah 2014, Chapter 192
34A-6-307
, as last amended by Laws of Utah 2008, Chapter 382
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
34-28-9
 is amended to read:
34-28-9.
Enforcement of chapter -- Rulemaking authority.
(1) (a) The division shall:
(i) ensure compliance with this chapter;
(ii) investigate any alleged violations of this chapter; and
(iii) determine the validity of a claim for any violation of this chapter that is filed with
the division by an employee.
(b) The commission may make rules consistent with this chapter governing wage
claims and payment of wages.
(c) The minimum wage claim that the division may accept is $50.
(d) The maximum wage claim that the division may accept is $10,000.
(e) A wage claim shall be filed within one year after the day on which the wages were
earned.
(2) (a) The division may assess against an employer who fails to pay an employee in
accordance with this chapter, a penalty of 5% of the unpaid wages owing to the employee
which shall be assessed daily until paid for a period not to exceed 20 days.
(b) The division shall:
(i) retain 50% of the money received from a penalty payment under Subsection (2)(a)
for the costs of administering this chapter;
(ii) pay all the sums retained under Subsection (2)(b)(i) to the state treasurer; and
(iii) pay the 50% not retained under Subsection (2)(b)(i) to the employee.
(c) Subsections (2)(a) and (b) do not apply to a violation of Subsection 
34-28-3
(5).
(3) (a) A person who violates Subsection 
34-28-3
(5) is subject to a civil fine of:
(i) $50 for the first violation within a one-year period;
(ii) $100 for the second violation within a one-year period;
(iii) $100 for the third violation within a one-year period; and
(iv) $500 for the fourth violation and each subsequent violation within a one-year
period.
(b) The division shall deposit the money that the division receives under Subsection
(3)(a) into the General Fund as a dedicated credit to the division to pay for the costs of
administering this chapter.
(4) (a) An abstract of any final award under this section may be filed in the office of the
clerk of the district court of any county in the state. If so filed, the abstract shall be docketed in
the judgment docket of that district court.
(b) The time of the receipt of the abstract shall be noted by the clerk and entered in the
judgment docket.
(c) Unless the award was previously satisfied, if an abstract is filed and docketed, the
award constitutes a lien upon the employer's real property that is situated in the county in which
the abstract is filed for a period of eight years after the day on which the award is granted.
(d) [
Execution may be issued
] 
The district court may issue an execution or a renewal
on the [
award
] 
order
 within the same time and in the same manner and with the same effect as
if the [
award
] 
order
 were a judgment [
of
] 
issued by
 the district court.
(5) (a) The commission may employ counsel, appoint a representative, or request the
attorney general, or the county attorney for the county in which the final award is filed and
docketed, to represent the commission on all appeals and to enforce judgments.
(b) The counsel employed by the commission, the attorney general, or the county
representing the commission, shall be awarded:
(i) reasonable attorney fees, as specified by the commission; and
(ii) costs for:
(A) appeals when the plaintiff prevails; and
(B) judgment enforcement proceedings.
(6) (a) The commission may enter into reciprocal agreements with the labor department
or a corresponding agency of any other state or with the person, board, officer, or commission
authorized to act on behalf of that department or agency, for the collection in any other state of
claims or judgments for wages and other demands based upon claims previously assigned to
the commission.
(b) The commission may, to the extent provided by any reciprocal agreement entered
into under Subsection (6)(a), or by the laws of any other state, maintain actions in the courts of
the other states for the collection of any claims for wages, judgments, and other demands and
may assign the claims, judgments, and demands to the labor department or an agency of any
other state for collection to the extent that may be permitted or provided by the laws of that
state or by reciprocal agreement.
(c) The commission may maintain actions in the courts of this state upon assigned
claims for wages, judgments, and demands arising in any other state in the same manner and to
the same extent that the actions by the commission are authorized when arising in this state if:
(i) the labor department or a corresponding agency of any other state or of any person,
board, officer, or commission of that state authorized to act on behalf of the labor department
or corresponding agency requests in writing that the commission commence and maintain the
action; and
(ii) the other state by legislation or reciprocal agreement extends the same comity to
this state.
Section 2. Section 
34A-2-212
 is amended to read:
34A-2-212.
Docketing awards in district court -- Enforcing judgment.
(1) (a) Except as provided in Subsection (3), an abstract of a final order of the
commission providing an award may be filed under this chapter or Chapter 3, Utah
Occupational Disease Act, in the office of the clerk of the district court of any county in the
state when all administrative and appellate remedies are exhausted.
(b) The abstract shall be docketed in the judgment docket of the district court where the
abstract is filed. The time of the receipt of the abstract shall be noted on the abstract by the
clerk of the district court and entered in the docket.
(c) When filed and docketed under Subsections (1)(a) and (b), the order shall constitute
a lien from the time of the docketing upon the real property of the employer situated in the
county, for a period of eight years from the date of the order unless the award provided in the
final order is satisfied during the eight-year period.
(d) [
Execution may be issued on the lien
] 
The district court may issue an execution or a
renewal on the order
 within the same time and in the same manner and with the same effect as
if the [
award
] 
order
 were a judgment [
of
] 
issued by
 the district court.
(2) (a) If the employer was uninsured at the time of the injury, the county attorney for
the county in which the applicant or the employer resides, depending on the district in which
the final order is docketed, shall enforce the judgment when requested by the commission or
division on behalf of the commission.
(b) In an action to enforce an order docketed under Subsection (1), reasonable attorney
fees and court costs shall be allowed in addition to the award.
(3) Unless stayed pursuant to Section 
63G-4-405
, or set aside by the court of appeals, a
preliminary or final decision of the commissioner or Appeals Board awarding permanent total
disability compensation under Section 
34A-2-413
 is enforceable by abstract filed in the office
of the clerk of the district court of any county in the state.
Section 3. Section 
34A-6-307
 is amended to read:
34A-6-307.
Civil and criminal penalties.
(1) The commission may assess civil penalties against any employer who has received
a citation under Section 
34A-6-302
 as follows:
(a) Except as provided in Subsections (1)(b) through (d), the commission may assess
up to $7,000 for each cited violation.
(b) The commission may not assess less than $250 nor more than $7,000 for each cited
serious violation. A violation is serious only if:
(i) it arises from a condition, practice, method, operation, or process in the workplace
of which the employer knows or should know through the exercise of reasonable diligence; and
(ii) there is a substantial possibility that the condition, practice, method, operation, or
process could result in death or serious physical harm.
(c) The commission may not assess less than $5,000 nor more than $70,000 for each
cited willful violation.
(d) The commission may assess up to $70,000 for each cited violation if the employer
has previously been found to have violated the same standards, code, rule, or order.
(e) After the expiration of the time permitted to an employer to correct a cited
violation, the commission may assess up to $7,000 for each day the violation continues
uncorrected.
(2) The commission may assess a civil penalty of up to $7,000 for each violation of any
posting requirement under this chapter.
(3) In deciding the amount to assess for a civil penalty, the commission shall consider
all relevant factors, including:
(a) the size of the employer's business;
(b) the nature of the violation;
(c) the employer's good faith or lack of good faith; and
(d) the employer's previous record of compliance or noncompliance with this chapter.
(4) Any civil penalty collected under this chapter shall be paid into the General Fund.
(5) Criminal penalties under this chapter are as follows:
(a) Any employer who willfully violates any standard, code, rule, or order issued under
Section 
34A-6-202
, or any rule made under this chapter, is guilty of a class A misdemeanor if
the violation caused the death of an employee. If the violation causes the death of more than
one employee, each death is considered a separate offense.
(b) Any person who gives advance notice of any inspection conducted under this
chapter without authority from the administrator or the administrator's representatives is guilty
of a class A misdemeanor.
(c) Any person who knowingly makes a false statement, representation, or certification
in any application, record, report, plan, or other document filed or required to be maintained
under this chapter is guilty of a class A misdemeanor.
(6) After a citation issued under this chapter and an opportunity for a hearing under
Title 63G, Chapter 4, Administrative Procedures Act, the division may file an abstract for any
uncollected citation penalty in the district court. The filed abstract shall have the effect of a
judgment [
of
] 
issued by
 that court. The abstract shall state the amount of the uncollected
citation penalty, reasonable attorneys' fees as set by commission rule, and court costs.