Rep. Norm Thurston — Voting Record

Utah House District 62 · complete roll-call record from le.utah.gov
← All votes

Bill

Construction Trades Licensing Amendments
Number
H.B. 442 (2025GS)
Sponsor
Rep. Peterson, Thomas W.
Final action
Governor Signed 3/25/2025
Outcome
Became law — signed by Gov. Spencer J. Cox

Summary

This bill modifies requirements for construction trade licenses.

What it does

  • This bill:
  • provides requirements for a general engineering contractor license for electrical utilities;
  • allows an applicant with sufficient experience to obtain a general engineering contractor license;
  • grants rulemaking authority to the division to establish by rule sufficient experience for an applicant with a journeyman lineman license from another jurisdiction; and
  • provides the requirements for an HVAC contractor license.

Every vote on this bill

2/10/2025House Comm - Substitute Recommendation
House Economic Development and Workforce Services Committee
7-0-3not eligible / no record
2/10/2025House Comm - Favorable Recommendation
House Economic Development and Workforce Services Committee
7-0-3not eligible / no record
2/18/2025House/ substituted
House 3rd Reading Calendar for House bills
0-0-75not eligible / no record
2/18/2025House/ passed 3rd reading
Senate Secretary
70-0-5YEA
2/25/2025Senate Comm - Amendment Recommendation
Senate Business and Labor Committee
4-0-4not eligible / no record
2/25/2025Senate Comm - Favorable Recommendation
Senate Business and Labor Committee
4-0-4not eligible / no record
3/6/2025Senate/ floor amendment
Senate 2nd Reading Calendar
0-0-29not eligible / no record
3/6/2025Senate/ passed 2nd & 3rd readings/ suspension
Clerk of the House
27-0-2not eligible / no record
3/7/2025House/ refuse to concur with Senate amendment
Senate Secretary
0-0-0not eligible / no record
3/7/2025House Motion to Adopt Joint Conference Comm Rpt
Conference Committee
0-0-75not eligible / no record
3/7/2025House Conference Committee - Final Passage
Senate President
68-0-7YEA
3/7/2025Senate/ refused to recede from Senate amendments
Senate Secretary
0-0-29not eligible / no record
3/7/2025Senate Motion to Adopt Joint Conference Comm Rpt
Conference Committee
0-0-29not eligible / no record
3/7/2025Senate Conference Committee - Final Passage
Conference Committee
26-0-3not eligible / no record

Bill text

enrolled version · official source
13
58-55-102
58-55-301
58-55-302
0
Construction Trades Licensing Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Thomas W. Peterson
Senate Sponsor: Calvin R. Musselman
LONG TITLE
General Description:
This bill modifies requirements for construction trade licenses. 
Highlighted Provisions:
This bill:
provides requirements for a general engineering contractor license for electrical utilities;
allows an applicant with sufficient experience to obtain a general engineering contractor 
license;
grants rulemaking authority to the division to establish by rule sufficient experience for 
an applicant with a journeyman lineman license from another jurisdiction; and
provides the requirements for an HVAC contractor license. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-55-102
, as last amended by Laws of Utah 2024, Chapter 507
58-55-301
, as last amended by Laws of Utah 2017, Chapter 411
58-55-302
, as last amended by Laws of Utah 2024, Chapter 507
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
58-55-102
 is amended to read:
58-55-102
. Definitions.
In addition to the definitions in Section 
58-1-102
, as used in this chapter:
(1)
(a)
"Alarm business" or "alarm company" means a person engaged in the sale, 
installation, maintenance, alteration, repair, replacement, servicing, or monitoring of 
an alarm system, except as provided in Subsection (1)(b).
(b)
"Alarm business" or "alarm company" does not include:
(i)
a person engaged in the manufacture or sale of alarm systems unless:
(A)
that person is also engaged in the installation, maintenance, alteration, repair, 
replacement, servicing, or monitoring of alarm systems;
(B)
the manufacture or sale occurs at a location other than a place of business 
established by the person engaged in the manufacture or sale; or
(C)
the manufacture or sale involves site visits at the place or intended place of 
installation of an alarm system; or
(ii)
an owner of an alarm system, or an employee of the owner of an alarm system 
who is engaged in installation, maintenance, alteration, repair, replacement, 
servicing, or monitoring of the alarm system owned by that owner.
(2)
"Alarm company agent":
(a)
except as provided in Subsection (2)(b), means any individual employed within this 
state by an alarm business; and
(b)
does not include an individual who:
(i)
is not engaged in the sale, installation, maintenance, alteration, repair, 
replacement, servicing, or monitoring of an alarm system; and
(ii)
does not, during the normal course of the individual's employment with an alarm 
business, use or have access to sensitive alarm system information.
(3)
"Alarm company officer" means:
(a)
a governing person, as defined in Section 
48-3a-102
, of an alarm company;
(b)
an individual appointed as an officer of an alarm company that is a corporation in 
accordance with Section 
16-10a-830
;
(c)
a general partner, as defined in Section 
48-2e-102
, of an alarm company; or
(d)
a partner, as defined in Section 
48-1d-102
, of an alarm company.
(4)
"Alarm company owner" means:
(a)
a shareholder, as defined in Section 
16-10a-102
, who owns directly, or indirectly 
through an entity controlled by the individual, 5% or more of the outstanding shares 
of an alarm company that:
(i)
is a corporation; and
(ii)
is not publicly listed or traded; or
(b)
an individual who owns directly, or indirectly through an entity controlled by the 
individual, 5% or more of the equity of an alarm company that is not a corporation.
(5)
"Alarm company proprietor" means the sole proprietor of an alarm company that is 
registered as a sole proprietorship with the Division of Corporations and Commercial 
Code.
(6)
"Alarm company trustee" means an individual with control of or power of 
administration over property held in trust.
(7)
(a)
"Alarm system" means equipment and devices assembled for the purpose of:
(i)
detecting and signaling unauthorized intrusion or entry into or onto certain 
premises; or
(ii)
signaling a robbery or attempted robbery on protected premises.
(b)
"Alarm system" includes a battery-charged suspended-wire system or fence that is 
part of and interfaces with an alarm system for the purposes of detecting and 
deterring unauthorized intrusion or entry into or onto certain premises.
(8)
"Apprentice electrician" means a person licensed under this chapter as an apprentice 
electrician who is learning the electrical trade under the immediate supervision of a 
master electrician, residential master electrician, a journeyman electrician, or a 
residential journeyman electrician.
(9)
"Apprentice plumber" means a person licensed under this chapter as an apprentice 
plumber who is learning the plumbing trade under the immediate supervision of a master 
plumber, residential master plumber, journeyman plumber, or a residential journeyman 
plumber.
(10)
"Approved continuing education" means instruction provided through courses under a 
program established under Subsection 
58-55-302.5
(2).
(11)
(a)
"Approved prelicensure course provider" means a provider that is the Associated 
General Contractors of Utah, the Utah Chapter of the Associated Builders and 
Contractors, or the Utah Home Builders Association, and that meets the requirements 
established by rule by the commission with the concurrence of the director, to teach 
the 25-hour course described in Subsection 
58-55-302
(1)(e)(iii).
(b)
"Approved prelicensure course provider" may only include a provider that, in 
addition to any other locations, offers the 25-hour course described in Subsection 
58-55-302
(1)(e)(iii) at least six times each year in one or more counties other than 
Salt Lake County, Utah County, Davis County, or Weber County.
(12)
"Board" means the Alarm System Security and Licensing Board or Electricians and 
Plumbers Licensing Board created in Section 
58-55-201
.
(13)
"Combustion system" means an assembly consisting of:
(a)
piping and components with a means for conveying, either continuously or 
intermittently, natural gas from the outlet of the natural gas provider's meter to the 
burner of the appliance;
(b)
the electric control and combustion air supply and venting systems, including air 
ducts; and
(c)
components intended to achieve control of quantity, flow, and pressure.
(14)
"Commission" means the Construction Services Commission created under Section 
58-55-103
.
(15)
"Construction trade" means any trade or occupation involving:
(a)
(i)
construction, alteration, remodeling, repairing, wrecking or demolition, addition 
to, or improvement of any building, highway, road, railroad, dam, bridge, 
structure, excavation or other project, development, or improvement to other than 
personal property; and
(ii)
constructing, remodeling, or repairing a manufactured home or mobile home as 
defined in Section 
15A-1-302
; or
(b)
installation or repair of a residential or commercial natural gas appliance or 
combustion system.
(16)
"Construction trades instructor" means a person licensed under this chapter to teach 
one or more construction trades in both a classroom and project environment, where a 
project is intended for sale to or use by the public and is completed under the direction 
of the instructor, who has no economic interest in the project.
(17)
(a)
"Contractor" means any person who for compensation other than wages as an 
employee undertakes any work in the construction, plumbing, or electrical trade for 
which licensure is required under this chapter and includes:
(i)
a person who builds any structure on the person's own property for the purpose of 
sale or who builds any structure intended for public use on the person's own 
property;
(ii)
any person who represents that the person is a contractor, or will perform a 
service described in this Subsection (17)
by advertising on a website or social 
media, or any other means;
(iii)
any person engaged as a maintenance person, other than an employee, who 
regularly engages in activities set forth under the definition of "construction trade";
(iv)
any person engaged in, or offering to engage in, any construction trade for which 
licensure is required under this chapter; or
(v)
a construction manager, construction consultant, construction assistant, or any 
other person who, for a fee:
(A)
performs or offers to perform construction consulting;
(B)
performs or offers to perform management of construction subcontractors;
(C)
provides or offers to provide a list of subcontractors or suppliers; or
(D)
provides or offers to provide management or counseling services on a 
construction project.
(b)
"Contractor" does not include:
(i)
an alarm company or alarm company agent; or
(ii)
a material supplier who provides consulting to customers regarding the design 
and installation of the material supplier's products.
(18)
(a)
"Electrical trade" means the performance of any electrical work involved in the 
installation, construction, alteration, change, repair, removal, or maintenance of 
facilities, buildings, or appendages or appurtenances.
(b)
"Electrical trade" does not include:
(i)
transporting or handling electrical materials;
(ii)
preparing clearance for raceways for wiring;
(iii)
work commonly done by unskilled labor on any installations under the exclusive 
control of electrical utilities;
(iv)
work involving cable-type wiring that does not pose a shock or fire-initiation 
hazard; or
(v)
work involving class two or class three power-limited circuits as defined in the 
National Electrical Code.
(19)
"Elevator" means the same as that term is defined in Section 
34A-7-202
, except that 
for purposes of this chapter it does not mean a stair chair, a vertical platform lift, or an 
incline platform lift.
(20)
"Elevator contractor" means a sole proprietor, firm, or corporation licensed under this 
chapter that is engaged in the business of erecting, constructing, installing, altering, 
servicing, repairing, or maintaining an elevator.
(21)
"Elevator mechanic" means an individual who is licensed under this chapter as an 
elevator mechanic and who is engaged in erecting, constructing, installing, altering, 
servicing, repairing, or maintaining an elevator under the immediate supervision of an 
elevator contractor.
(22)
"Employee" means an individual as defined by the division by rule giving 
consideration to the definition adopted by the Internal Revenue Service and the 
Department of Workforce Services.
(23)
"Engage in a construction trade" means to:
(a)
engage in, represent oneself to be engaged in, or advertise oneself as being engaged 
in a construction trade; or
(b)
use the name "contractor" or "builder" or in any other way lead a reasonable person 
to believe one is or will act as a contractor.
(24)
(a)
"Financial responsibility" means a demonstration of a current and expected 
future condition of financial solvency evidencing a reasonable expectation to the 
division and the board that an applicant or licensee can successfully engage in 
business as a contractor without jeopardy to the public health, safety, and welfare.
(b)
Financial responsibility may be determined by an evaluation of the total history 
concerning the licensee or applicant including past, present, and expected condition 
and record of financial solvency and business conduct.
(25)
"Gas appliance" means any device that uses natural gas to produce light, heat, power, 
steam, hot water, refrigeration, or air conditioning.
(26)
(a)
"General building contractor" means a person licensed under this chapter as a 
general building contractor qualified by education, training, experience, and 
knowledge to perform or superintend construction of structures for the support, 
shelter, and enclosure of persons, animals, chattels, or movable property of any kind 
or any of the components of that construction except plumbing, electrical work, 
mechanical work, work related to the operating integrity of an elevator, and 
manufactured housing installation, for which the general building contractor shall 
employ the services of a contractor licensed in the particular specialty, except that a 
general building contractor engaged in the construction of single-family and 
multifamily residences up to four units may perform the mechanical work and hire a 
licensed plumber or electrician as an employee.
(b)
The division may by rule exclude general building contractors from engaging in the 
performance of other construction specialties in which there is represented a 
substantial risk to the public health, safety, and welfare, and for which a license is 
required unless that general building contractor holds a valid license in that specialty 
classification.
(27)
(a)
"General electrical contractor" means a person licensed under this chapter as a 
general electrical contractor qualified by education, training, experience, and 
knowledge to perform the fabrication, construction, and installation of generators, 
transformers, conduits, raceways, panels, switch gear, electrical wires, fixtures, 
appliances, 
or 
apparatus that uses electrical energy
, or any other work the division 
authorizes by rule in accordance with Subsection 
58-55-301(4)
.
(b)
The scope of work of a general electrical contractor may be further defined by rules 
made by the commission, with the concurrence of the director, in accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(28)
(a)
"General engineering contractor" means a person licensed under this chapter as a 
general engineering contractor qualified by education, training, experience, and 
knowledge to perform or superintend construction of fixed works
,
 or components of 
fixed works requiring specialized engineering knowledge and skill in
 any of the 
following
:
(i)
irrigation;
(ii)
drainage;
(iii)
water power;
(iv)
water supply;
(v)
flood control;
(vi)
an inland waterway;
(vii)
a harbor;
(viii)
a railroad;
(ix)
a highway;
(x)
a tunnel;
(xi)
an airport;
(xii)
an airport runway;
(xiii)
a sewer;
(xiv)
a bridge;
(xv)
a refinery;
(xvi)
a pipeline;
(xvii)
a chemical plant;
(xviii)
an industrial plant;
(xix)
a pier;
(xx)
a foundation;
(xxi)
a power plant;
(xxii)
a utility plant or installation; or
(xxiii)
an underground electric utility conduit.
(i)
airports;
(ii)
airport runways;
(iii)
bridges;
(iv)
chemical plants;
(v)
drainage;
(vi)
electrical utilities;
(vii)
flood control;
(viii)
foundations;
(ix)
harbors;
(x)
highways;
(xi)
industrial plants;
(xii)
inland waterways;
(xiii)
irrigation systems;
(xiv)
piers;
(xv)
pipelines;
(xvi)
power plants;
(xvii)
railroads;
(xviii)
refineries;
(xix)
sewers;
(xx)
tunnels;
(xxi)
underground electric utility conduits;
(xxii)
utility plants;
(xxiii)
water power; or
(xxiv)
water supply.
(b)
A general engineering contractor may not perform or superintend:
(i)
construction of a structure built primarily for the support, shelter, and enclosure of 
persons, animals, and chattels;
 or
(ii)
plumbing work;
(iii)
electrical work beyond underground electric utility conduit or electrical utilities;
(iv)
mechanical work; or
(v)
work where the general engineering contractor does not have the required 
specialized engineering knowledge and skill.
(ii)
performance of:
(A)
plumbing work;
(B)
electrical work beyond underground electric utility conduit; or
(C)
mechanical work.
(29)
(a)
"General plumbing contractor" means a person licensed under this chapter as a 
general plumbing contractor qualified by education, training, experience, and 
knowledge to perform the fabrication or installation of material and fixtures to create 
and maintain sanitary conditions in a building by providing permanent means for a 
supply of safe and pure water, a means for the timely and complete removal from the 
premises of all used or contaminated water, fluid and semi-fluid organic wastes and 
other impurities incidental to life and the occupation of such premises, 
and 
a safe 
and adequate supply of gases for lighting, heating, and industrial purposes
, or other 
work the division authorizes by rule in accordance with Subsection 
58-55-301(4)
.
(b)
The scope of work of a general plumbing contractor may be further defined by rules 
made by the commission, with the concurrence of the director, in accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(30)
"HVAC" means a heating, ventilation, and air conditioning system and the specific 
components that are a part of the system, including the gas line.
(31)
"HVAC contractor" means a person licensed under this chapter specialized in the 
installation, maintenance, repair, and servicing of heating, ventilation, air conditioning 
systems or any other work the division authorizes by rule in accordance with Subsection 
58-55-301(4)
.
(30)
(32)
"Immediate supervision" means reasonable direction, oversight, inspection, and 
evaluation of the work of a person:
(a)
as the division specifies in rule;
(b)
by, as applicable, a qualified electrician or plumber;
(c)
as part of a planned program of training; and
(d)
to ensure that the end result complies with applicable standards.
(31)
(33)
"Individual" means a natural person.
(34)
"Journeyman lineman" means a person that builds and maintains an electrical power 
system, performs work on transmission lines or distribution lines from power plants to 
customers, and has completed an approved 7,000 hour certified apprenticeship program.
(32)
(35)
"Journeyman electrician" means a person licensed under this chapter as a 
journeyman electrician having the qualifications, training, experience, and knowledge to 
wire, install, and repair electrical apparatus and equipment for light, heat, power, and 
other purposes.
(33)
(36)
"Journeyman plumber" means a person licensed under this chapter as a 
journeyman plumber having the qualifications, training, experience, and technical 
knowledge to engage in the plumbing trade.
(34)
(37)
"Master electrician" means a person licensed under this chapter as a master 
electrician having the qualifications, training, experience, and knowledge to properly 
plan, layout, and supervise the wiring, installation, and repair of electrical apparatus and 
equipment for light, heat, power, and other purposes.
(35)
(38)
"Master plumber" means a person licensed under this chapter as a master 
plumber having the qualifications, training, experience, and knowledge to properly plan 
and layout projects and supervise persons in the plumbing trade.
(36)
(39)
"Person" means a natural person, sole proprietorship, joint venture, corporation, 
limited liability company, association, or organization of any type.
(37)
(40)
(a)
"Plumbing trade" means the performance of any mechanical work 
pertaining to the installation, alteration, change, repair, removal, maintenance, or use 
in buildings, or within three feet beyond the outside walls of buildings, of pipes, 
fixtures, and fittings for the:
(i)
delivery of the water supply;
(ii)
discharge of liquid and water carried waste;
(iii)
building drainage system within the walls of the building; and
(iv)
delivery of gases for lighting, heating, and industrial purposes.
(b)
"Plumbing trade" includes work pertaining to the water supply, distribution pipes, 
fixtures and fixture traps, soil, waste and vent pipes, the building drain and roof 
drains, and the safe and adequate supply of gases, together with their devices, 
appurtenances, and connections where installed within the outside walls of the 
building.
(38)
(41)
"Ratio of apprentices" means the number of licensed plumber apprentices or 
licensed electrician apprentices that are allowed to be under the immediate supervision 
of a licensed supervisor as established by the provisions of this chapter and by rules 
made by the commission, with the concurrence of the director, in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act.
(39)
(42)
"Residential and small commercial contractor" means a person licensed under 
this chapter as a residential and small commercial contractor qualified by education, 
training, experience, and knowledge to perform or superintend the construction of 
single-family residences, multifamily residences up to four units, and commercial 
construction of not more than three stories above ground and not more than 20,000 
square feet, or any of the components of that construction except plumbing, electrical 
work, mechanical work, and manufactured housing installation, for which the residential 
and small commercial contractor shall employ the services of a contractor licensed in the 
particular specialty, except that a residential and small commercial contractor engaged in 
the construction of single-family and multifamily residences up to four units may 
perform the mechanical work and hire a licensed plumber or electrician as an employee.
(40)
(43)
"Residential building," as it relates to the license classification of residential 
journeyman plumber and residential master plumber, means a single or multiple family 
dwelling of up to four units.
(41)
(44)
(a)
"Residential electrical contractor" means a person licensed under this 
chapter as a residential electrical contractor qualified by education, training, 
experience, and knowledge to perform the fabrication, construction, and installation 
of services, disconnecting means, grounding devices, panels, conductors, load 
centers, lighting and plug circuits, appliances, and fixtures in a residential unit
 or any 
other work the division authorizes by rule in accordance with Subsection 
58-55-301(4)
.
(b)
The scope of work of a residential electrical contractor may be further defined by 
rules made by the commission, with the concurrence of the director, in accordance 
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(42)
(45)
"Residential journeyman electrician" means a person licensed under this chapter 
as a residential journeyman electrician having the qualifications, training, experience, 
and knowledge to wire, install, and repair electrical apparatus and equipment for light, 
heat, power, and other purposes on buildings using primarily nonmetallic sheath cable.
(43)
(46)
"Residential journeyman plumber" means a person licensed under this chapter as 
a residential journeyman plumber having the qualifications, training, experience, and 
knowledge to engage in the plumbing trade as limited to the plumbing of residential 
buildings.
(44)
(47)
"Residential master electrician" means a person licensed under this chapter as a 
residential master electrician having the qualifications, training, experience, and 
knowledge to properly plan, layout, and supervise the wiring, installation, and repair of 
electrical apparatus and equipment for light, heat, power, and other purposes on 
residential projects.
(45)
(48)
"Residential master plumber" means a person licensed under this chapter as a 
residential master plumber having the qualifications, training, experience, and 
knowledge to properly plan and layout projects and supervise persons in the plumbing 
trade as limited to the plumbing of residential buildings.
(46)
(49)
(a)
"Residential plumbing contractor" means a person licensed under this 
chapter as a residential plumbing contractor qualified by education, training, 
experience, and knowledge to perform the fabrication or installation of material and 
fixtures to create and maintain sanitary conditions in residential buildings by 
providing permanent means for a supply of safe and pure water, a means for the 
timely and complete removal from the premises of all used or contaminated water, 
fluid and semi-fluid organic wastes and other impurities incidental to life and the 
occupation of such premises, 
and 
a safe and adequate supply of gases for lighting, 
heating, and residential purposes
, or any other work the division authorizes by rule in 
accordance with Subsection 
58-55-301(4)
.
(b)
The scope of work of a residential plumbing contractor may be further defined by 
rules made by the commission, with the concurrence of the director, in accordance 
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(47)
(50)
"Residential project," as it relates to an electrician or electrical contractor, means 
buildings primarily wired with nonmetallic sheathed cable, in accordance with standard 
rules and regulations governing this work, including the National Electrical Code, and in 
which the voltage does not exceed 250 volts line to line and 125 volts to ground.
(48)
(51)
"Responsible management personnel" means:
(a)
a qualifying agent;
(b)
an operations manager; or
(c)
a site manager.
(49)
(52)
"Sensitive alarm system information" means:
(a)
a pass code or other code used in the operation of an alarm system;
(b)
information on the location of alarm system components at the premises of a 
customer of the alarm business providing the alarm system;
(c)
information that would allow the circumvention, bypass, deactivation, or other 
compromise of an alarm system of a customer of the alarm business providing the 
alarm system; and
(d)
any other similar information that the division by rule determines to be information 
that an individual employed by an alarm business should use or have access to only if 
the individual is licensed as provided in this chapter.
(50)
(53)
(a)
"Specialty contractor" means a person licensed under this chapter under a 
specialty contractor classification established by rule, who is qualified by education, 
training, experience, and knowledge to perform those construction trades and crafts 
requiring specialized skill, the regulation of which are determined by the division to 
be in the best interest of the public health, safety, and welfare.
(b)
A specialty contractor may perform work in crafts or trades other than those in which 
the specialty contractor is licensed if they are incidental to the performance of the 
specialty contractor's licensed craft or trade.
(51)
(54)
"Unincorporated entity" means an entity that is not:
(a)
an individual;
(b)
a corporation; or
(c)
publicly traded.
(52)
(55)
"Unlawful conduct" means the same as that term is defined in Sections 
58-1-501
and 
58-55-501
.
(53)
(56)
"Unprofessional conduct" means the same as that term is defined in Sections 
58-1-501
 and 
58-55-502
 and as may be further defined by rule.
(54)
(57)
"Wages" means amounts due to an employee for labor or services whether the 
amount is fixed or ascertained on a time, task, piece, commission, or other basis for 
calculating the amount.
Section 2, Section 
58-55-301
 is amended to read:
58-55-301
. License required -- License classifications -- Scope.
(1)
(a)
A person engaged in the construction trades licensed under this chapter, as a 
contractor regulated under this chapter, as an alarm business or company, or as an 
alarm company agent, shall become licensed under this chapter before engaging in 
that trade or contracting activity in this state unless specifically exempted from 
licensure under Section 
58-1-307
 or 
58-55-305
.
(b)
The license issued under this chapter and the business license issued by the local 
jurisdiction in which the licensee has its principal place of business shall be the only 
licenses required for the licensee to engage in a trade licensed by this chapter, within 
the state.
(c)
Neither the state nor any of its political subdivisions may require of a licensee any 
additional business licenses, registrations, certifications, contributions, donations, or 
anything else established for the purpose of qualifying a licensee under this chapter to 
do business in that local jurisdiction, except for contract prequalification procedures 
required by state agencies, or the payment of any fee for the license, registration, or 
certification established as a condition to do business in that local jurisdiction.
(2)
The division shall issue licenses under this chapter to qualified persons in the following 
classifications:
(a)
general engineering contractor;
alarm company;
(b)
alarm company agent;
(c)
apprentice electrician;
(d)
apprentice plumber;
(e)
construction trades instructor:
(i)
general building classification;
(ii)
general engineering classification;
(iii)
electrical classification;
(iv)
mechanical classification; and
(v)
plumbing classification;
(f)
elevator contractor;
(g)
elevator mechanic;
(h)
general building contractor;
(i)
general electrical contractor;
(j)
general engineering contractor; 
(k)
general plumbing contractor;
(l)
HVAC contractor;
(m)
journeyman electrician;
(n)
journeyman plumber;
(o)
master electrician;
(p)
master plumber;
(q)
residential and small commercial contractor;
(r)
residential electrical contractor;
(s)
residential journeyman electrician;
(t)
residential journeyman plumber;
(u)
residential master electrician;
(v)
residential master plumber;
(w)
residential plumbing contractor; and 
(x)
specialty contractor.
(b)
general building contractor;
(c)
residential and small commercial contractor;
(d)
elevator contractor;
(e)
general plumbing contractor;
(f)
residential plumbing contractor;
(g)
general electrical contractor;
(h)
residential electrical contractor;
(i)
specialty contractor;
(j)
master plumber;
(k)
residential master plumber;
(l)
journeyman plumber;
(m)
apprentice plumber;
(n)
residential journeyman plumber;
(o)
master electrician;
(p)
residential master electrician;
(q)
journeyman electrician;
(r)
residential journeyman electrician;
(s)
apprentice electrician;
(t)
construction trades instructor:
(i)
general engineering classification;
(ii)
general building classification;
(iii)
electrical classification;
(iv)
plumbing classification; and
(v)
mechanical classification;
(u)
alarm company;
(v)
alarm company agent; and
(w)
elevator mechanic.
(3)
(a)
An applicant may apply for a license in one or more classification or specialty 
contractor subclassification.
(b)
A license shall be granted in each classification or subclassification for which the 
applicant qualifies.
(c)
A separate application and fee must be submitted for each license classification or 
subclassification.
(4)
With the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, the commission may further define the scope of work 
by rule for:
(a)
a general electrical contractor;
(b)
a general plumbing contractor;
(c)
an HVAC contractor;
(d)
a residential electrical contractor; and
(e)
a residential plumbing contractor.
Section 3, Section 
58-55-302
 is amended to read:
58-55-302
. Qualifications for licensure.
(1)
Each applicant for a license under this chapter shall:
(a)
submit an application prescribed by the division;
(b)
pay a fee as determined by the department under Section 
63J-1-504
;
(c)
meet the examination requirements established by this section and by rule by the 
commission with the concurrence of the director, which requirements include:
(i)
for licensure as an apprentice electrician, apprentice plumber, or specialty 
contractor, no division-administered examination is required;
(ii)
for licensure as a general building contractor, general engineering contractor, 
residential and small commercial contractor, general plumbing contractor, 
residential plumbing contractor, general electrical contractor, or residential 
electrical contractor, the only required division-administered examination is a 
division-administered examination that covers information from the 25-hour 
course described in Subsection (1)(e)(iii), which course may have been previously 
completed as part of applying for any other license under this chapter, and, if the 
25-hour course was completed on or after July 1, 2019, the five-hour business law 
course described in Subsection (1)(e)(iv); and
(iii)
if required in Section 
58-55-304
, an individual qualifier must pass the required 
division-administered examination if the applicant is a business entity;
(d)
if an apprentice, identify the proposed supervisor of the apprenticeship;
(e)
if an applicant for a contractor's license:
(i)
produce satisfactory evidence of financial responsibility, except for a construction 
trades instructor for whom evidence of financial responsibility is not required;
(ii)
produce satisfactory evidence of:
(A)
except as provided in Subsection (2)(a), and except that no employment 
experience is required for licensure as a specialty contractor, two years 
full-time paid employment experience in the construction industry, which 
employment experience, unless more specifically described in this section, may 
be related to any contracting classification and does not have to include 
supervisory experience; and
(B)
knowledge of the principles of the conduct of business as a contractor, 
reasonably necessary for the protection of the public health, safety, and welfare;
(iii)
except as otherwise provided by rule by the commission with the concurrence of 
the director, complete a 25-hour course established by rule by the commission 
with the concurrence of the director, which is taught by an approved prelicensure 
course provider, and which course may include:
(A)
construction business practices;
(B)
bookkeeping fundamentals;
(C)
mechanics lien fundamentals;
(D)
other aspects of business and construction principles considered important by 
the commission with the concurrence of the director; and
(E)
for no additional fee, a provider-administered examination at the end of the 
25-hour course;
(iv)
complete a five-hour business and law course established by rule by the 
commission with the concurrence of the director, which is taught by an approved 
prelicensure course provider, if an applicant for licensure as a general building 
contractor, general engineering contractor, residential and small commercial 
contractor, general plumbing contractor, residential plumbing contractor, general 
electrical contractor, or residential electrical contractor, except that if the 25-hour 
course described in Subsection (1)(e)(iii) was completed before July 1, 2019, the 
applicant does not need to take the business and law course;
if the applicant is 
applying for licensure as a general building contractor, general engineering 
contractor, residential and small commercial contractor, general plumbing 
contractor, residential plumbing contractor, general electrical contractor, 
residential electrical contractor, or HVAC contractor, other than an applicant who 
completed the 25-hour course described in Subsection (1)(e)(iii) before July 1, 
2019, complete a five-hour business and law course:
(A)
that the commission, with the concurrence of the director, establishes by rule; 
and
(B)
that is taught by an approved prelicensure course provider;
(v)
(A)
be a licensed master electrician if an applicant for an electrical contractor's 
license or a licensed master residential electrician if an applicant for a 
residential electrical contractor's license;
(B)
be a licensed master plumber if an applicant for a plumbing contractor's 
license or a licensed master residential plumber if an applicant for a residential 
plumbing contractor's license; or
(C)
be a licensed elevator mechanic and produce satisfactory evidence of three 
years experience as an elevator mechanic if an applicant for an elevator 
contractor's license; and
(vi)
when the applicant is an unincorporated entity, provide a list of the one or more 
individuals who hold an ownership interest in the applicant as of the day on which 
the application is filed that includes for each individual:
(A)
the individual's name, address, birth date, and social security number or other 
satisfactory evidence of the applicant's identity permitted under rules made by 
the division in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act; and
(B)
whether the individual will engage in a construction trade; and
(f)
if an applicant for a construction trades instructor license, satisfy any additional 
requirements established by rule.
(2)
(a)
If the applicant for a contractor's license described in Subsection (1) is a building 
inspector, the applicant may satisfy Subsection (1)(e)(ii)(A) by producing satisfactory 
evidence of two years full-time paid employment experience as a building inspector, 
which shall include at least one year full-time experience as a licensed combination 
inspector.
(b)
The applicant shall file the following with the division before the division issues the 
license:
(i)
proof of workers' compensation insurance which covers employees of the 
applicant in accordance with applicable Utah law;
(ii)
proof of public liability insurance in coverage amounts and form established by 
rule except for a construction trades instructor for whom public liability insurance 
is not required; and
(iii)
proof of registration as required by applicable law with the:
(A)
Department of Commerce;
(B)
Division of Corporations and Commercial Code;
(C)
Unemployment Insurance Division in the Department of Workforce Services, 
for purposes of Title 35A, Chapter 4, Employment Security Act;
(D)
State Tax Commission; and
(E)
Internal Revenue Service.
(3)
In addition to the general requirements for each applicant in Subsection (1), applicants 
shall comply with the following requirements to be licensed in the following 
classifications:
(a)
(i)
A master plumber shall produce satisfactory evidence that the applicant:
(A)
has been a licensed journeyman plumber for at least two years and had two 
years of supervisory experience as a licensed journeyman plumber in 
accordance with division rule;
(B)
has received at least an associate of applied science degree or similar degree 
following the completion of a course of study approved by the division and had 
one year of supervisory experience as a licensed journeyman plumber in 
accordance with division rule; or
(C)
meets the qualifications for expedited licensure as established by rules made 
by the commission, with the concurrence of the director, in accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly 
demonstrate the applicant has the knowledge and skills to be a licensed master 
plumber.
(ii)
An individual holding a valid Utah license as a journeyman plumber, based on at 
least four years of practical experience as a licensed apprentice under the 
supervision of a licensed journeyman plumber and four years as a licensed 
journeyman plumber, in effect immediately prior to May 5, 2008, is on and after 
May 5, 2008, considered to hold a current master plumber license under this 
chapter, and satisfies the requirements of this Subsection (3)(a) for the purpose of 
renewal or reinstatement of that license under Section 
58-55-303
.
(iii)
An individual holding a valid plumbing contractor's license or residential 
plumbing contractor's license, in effect immediately prior to May 5, 2008, is on or 
after May 5, 2008:
(A)
considered to hold a current master plumber license under this chapter if 
licensed as a plumbing contractor and a journeyman plumber, and satisfies the 
requirements of this Subsection (3)(a) for purposes of renewal or reinstatement 
of that license under Section 
58-55-303
; and
(B)
considered to hold a current residential master plumber license under this 
chapter if licensed as a residential plumbing contractor and a residential 
journeyman plumber, and satisfies the requirements of this Subsection (3)(a) 
for purposes of renewal or reinstatement of that license under Section 
58-55-303
.
(b)
A master residential plumber applicant shall produce satisfactory evidence that the 
applicant:
(i)
has been a licensed residential journeyman plumber for at least two years and had 
two years of supervisory experience as a licensed residential journeyman plumber 
in accordance with division rule; or
(ii)
meets the qualifications for expedited licensure as established by rules made by 
the commission, with the concurrence of the director, in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate 
the applicant has the knowledge and skills to be a licensed master residential 
plumber.
(c)
A journeyman plumber applicant shall produce satisfactory evidence of:
(i)
successful completion of the equivalent of at least four years of full-time training 
and instruction as a licensed apprentice plumber under supervision of a licensed 
master plumber or journeyman plumber and in accordance with a planned 
program of training approved by the division;
(ii)
at least eight years of full-time experience approved by the division in 
collaboration with the Electricians and Plumbers Licensing Board; or
(iii)
meeting the qualifications for expedited licensure as established by rules made 
by the commission, with the concurrence of the director, in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate 
the applicant has the knowledge and skills to be a licensed journeyman plumber.
(d)
A residential journeyman plumber shall produce satisfactory evidence of:
(i)
completion of the equivalent of at least three years of full-time training and 
instruction as a licensed apprentice plumber under the supervision of a licensed 
residential master plumber, licensed residential journeyman plumber, or licensed 
journeyman plumber in accordance with a planned program of training approved 
by the division;
(ii)
completion of at least six years of full-time experience in a maintenance or repair 
trade involving substantial plumbing work; or
(iii)
meeting the qualifications for expedited licensure as established by rules made 
by the commission, with the concurrence of the director, in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate 
the applicant has the knowledge and skills to be a licensed residential journeyman 
plumber.
(e)
The conduct of licensed apprentice plumbers and their licensed supervisors shall be 
in accordance with the following:
(i)
while engaging in the trade of plumbing, a licensed apprentice plumber shall be 
under the immediate supervision of a licensed master plumber, licensed residential 
master plumber, licensed journeyman plumber, or licensed residential journeyman 
plumber;
(ii)
beginning in a licensed apprentice plumber's fourth year of training, a licensed 
apprentice plumber may work without supervision for a period not to exceed eight 
hours in any 24-hour period; and
(iii)
rules made by the commission, with the concurrence of the director, in 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
regarding the ratio of apprentices allowed under the immediate supervision of a 
licensed supervisor, including the ratio of apprentices in their fourth year of 
training or later that are allowed to be under the immediate supervision of a 
licensed supervisor.
(f)
A master electrician applicant shall produce satisfactory evidence that the applicant:
(i)
is a graduate electrical engineer of an accredited college or university approved by 
the division and has one year of practical electrical experience as a licensed 
apprentice electrician;
(ii)
is a graduate of an electrical trade school, having received an associate of applied 
sciences degree following successful completion of a course of study approved by 
the division, and has two years of practical experience as a licensed journeyman 
electrician;
(iii)
has four years of practical experience as a journeyman electrician; or
(iv)
meets the qualifications for expedited licensure as established by rules made by 
the commission, with the concurrence of the director, in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate 
the applicant has the knowledge and skills to be a licensed master electrician.
(g)
A master residential electrician applicant shall produce satisfactory evidence that the 
applicant:
(i)
has at least two years of practical experience as a residential journeyman 
electrician; or
(ii)
meets the qualifications for expedited licensure as established by rules made by 
the commission, with the concurrence of the director, in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate 
the applicant has the knowledge and skills to be a master residential electrician.
(h)
A journeyman electrician applicant shall produce satisfactory evidence that the 
applicant:
(i)
has successfully completed at least four years of full-time training and instruction 
as a licensed apprentice electrician under the supervision of a master electrician or 
journeyman electrician and in accordance with a planned training program 
approved by the division;
(ii)
has at least eight years of full-time experience approved by the division in 
collaboration with the Electricians and Plumbers Licensing Board; or
(iii)
meets the qualifications for expedited licensure as established by rules made by 
the commission, with the concurrence of the director, in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate 
the applicant has the knowledge and skills to be a licensed journeyman electrician.
(i)
A residential journeyman electrician applicant shall produce satisfactory evidence 
that the applicant:
(i)
has successfully completed two years of training in an electrical training program 
approved by the division;
(ii)
has four years of practical experience in wiring, installing, and repairing electrical 
apparatus and equipment for light, heat, and power under the supervision of a 
licensed master, journeyman, residential master, or residential journeyman 
electrician; or
(iii)
meets the qualifications for expedited licensure as established by rules made by 
the commission, with the concurrence of the director, in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate 
the applicant has the knowledge and skills to be a licensed residential journeyman 
electrician.
(j)
The conduct of licensed apprentice electricians and their licensed supervisors shall be 
in accordance with the following:
(i)
a licensed apprentice electrician shall be under the immediate supervision of a 
licensed master, journeyman, residential master, or residential journeyman 
electrician;
(ii)
beginning in a licensed apprentice electrician's fourth year of training, a licensed 
apprentice electrician may work without supervision for a period not to exceed 
eight hours in any 24-hour period;
(iii)
rules made by the commission, with the concurrence of the director, in 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
regarding the ratio of apprentices allowed under the immediate supervision of a 
licensed supervisor, including the ratio of apprentices in their fourth year of 
training or later that are allowed to be under the immediate supervision of a 
licensed supervisor; and
(iv)
a licensed supervisor may have up to three licensed apprentice electricians on a 
residential project, or more if established by rules made by the commission, in 
concurrence with the director, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act.
(k)
An alarm company applicant shall:
(i)
have a qualifying agent who:
(A)
is an alarm company officer, alarm company owner, alarm company 
proprietor, an alarm company trustee, or other responsible management 
personnel;
(B)
demonstrates 6,000 hours of experience in the alarm company business;
(C)
demonstrates 2,000 hours of experience as a manager or administrator in the 
alarm company business or in a construction business; and
(D)
passes an examination 
component 
established by rule by the commission 
with the concurrence of the director;
(ii)
provide the name, address, date of birth, social security number, fingerprint card, 
and consent to a background check in accordance with Section 
58-55-302.1
 and 
requirements established by division rule made in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act, for each alarm company officer, 
alarm company owner, alarm company proprietor, alarm company trustee, and 
responsible management personnel with direct responsibility for managing 
operations of the applicant within the state;
(iii)
document that none of the persons described in Subsection (3)(k)(ii):
(A)
have been declared by any court of competent jurisdiction incompetent by 
reason of mental defect or disease and not been restored; or
(B)
are currently suffering from habitual drunkenness or from drug addiction or 
dependence;
(iv)
file and maintain with the division evidence of:
(A)
comprehensive general liability insurance in form and in amounts to be 
established by rule by the commission with the concurrence of the director;
(B)
workers' compensation insurance that covers employees of the applicant in 
accordance with applicable Utah law; and
(C)
registration as is required by applicable law with the:
(I)
Division of Corporations and Commercial Code;
(II)
Unemployment Insurance Division in the Department of Workforce 
Services, for purposes of Title 35A, Chapter 4, Employment Security Act;
(III)
State Tax Commission; and
(IV)
Internal Revenue Service; and
(v)
meet with the division and board.
(l)
Each applicant for licensure as an alarm company agent shall:
(i)
submit an application in a form prescribed by the division accompanied by 
fingerprint cards;
(ii)
pay a fee determined by the department under Section 
63J-1-504
;
(iii)
submit to and pass a criminal background check in accordance with Section 
58-55-302.1
 and requirements established by division rule made in accordance 
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(iv)
not have been declared by any court of competent jurisdiction incompetent by 
reason of mental defect or disease and not been restored;
(v)
not be currently suffering from habitual drunkenness or from drug addiction or 
dependence; and
(vi)
meet with the division and board if requested by the division or the board.
(m)
(i)
Each applicant for licensure as an elevator mechanic shall:
(A)
provide documentation of experience and education credits of not less than 
three years work experience in the elevator industry, in construction, 
maintenance, or service and repair; and
(B)
satisfactorily complete a written examination administered by the division 
established by rule under Section 
58-1-203
; or
(C)
provide certificates of completion of an apprenticeship program for elevator 
mechanics, having standards substantially equal to those of this chapter and 
registered with the United States Department of Labor Bureau Apprenticeship 
and Training or a state apprenticeship council.
(ii)
(A)
If an elevator contractor licensed under this chapter cannot find a licensed 
elevator mechanic to perform the work of erecting, constructing, installing, 
altering, servicing, repairing, or maintaining an elevator, the contractor may:
(I)
notify the division of the unavailability of licensed personnel; and
(II)
request the division issue a temporary elevator mechanic license to an 
individual certified by the contractor as having an acceptable combination 
of documented experience and education to perform the work described in 
this Subsection (3)(m)(ii)(A).
(B)
(I)
The division may issue a temporary elevator mechanic license to an 
individual certified under Subsection (3)(m)(ii)(A)(II) upon application by 
the individual, accompanied by the appropriate fee as determined by the 
department under Section 
63J-1-504
.
(II)
The division shall specify the time period for which the license is valid and 
may renew the license for an additional time period upon its determination 
that a shortage of licensed elevator mechanics continues to exist.
(n)
An applicant for licensure as an HVAC contractor shall produce satisfactory 
evidence to the division that the applicant:
(i)
completed two years full-time paid employment of HVAC specific experience; and
(ii)
passed an examination the commission, with the concurrence of the director, 
established by rule in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act.
(o)
An applicant for a general engineering contractor's license described in Subsection 
(1) may satisfy Subsection (1)(e)(ii)(A):
(i)
by producing satisfactory evidence of four years relevant full-time paid 
employment experience; or
(ii)
if the applicant is a licensed journeyman lineman in another jurisdiction, by 
meeting the requirements the division makes by rule in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act.
(4)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
division may make rules establishing when Federal Bureau of Investigation records shall 
be checked for applicants as an alarm company or alarm company agent under this 
section and Section 
58-55-302.1
.
(5)
(a)
An application for licensure under this chapter shall be denied if:
(i)
the applicant has had a previous license, which was issued under this chapter, 
suspended or revoked within two years before the date of the applicant's 
application;
(ii)
(A)
the applicant is a partnership, corporation, or limited liability company; and
(B)
any corporate officer, director, shareholder holding 25% or more of the stock 
in the applicant, partner, member, agent acting as a qualifier, or any person 
occupying a similar status, performing similar functions, or directly or 
indirectly controlling the applicant has served in any similar capacity with any 
person or entity which has had a previous license, which was issued under this 
chapter, suspended or revoked within two years before the date of the 
applicant's application;
(iii)
(A)
the applicant is an individual or sole proprietorship; and
(B)
any owner or agent acting as a qualifier has served in any capacity listed in 
Subsection (5)(a)(ii)(B) in any entity which has had a previous license, which 
was issued under this chapter, suspended or revoked within two years before 
the date of the applicant's application; or
(iv)
(A)
the applicant includes an individual who was an owner, director, or officer 
of an unincorporated entity at the time the entity's license under this chapter 
was revoked; and
(B)
the application for licensure is filed within 60 months after the revocation of 
the unincorporated entity's license.
(b)
An application for licensure under this chapter shall be reviewed by the appropriate 
licensing board prior to approval if:
(i)
the applicant has had a previous license, which was issued under this chapter, 
suspended or revoked more than two years before the date of the applicant's 
application;
(ii)
(A)
the applicant is a partnership, corporation, or limited liability company; and
(B)
any corporate officer, director, shareholder holding 25% or more of the stock 
in the applicant, partner, member, agent acting as a qualifier, or any person 
occupying a similar status, performing similar functions, or directly or 
indirectly controlling the applicant has served in any similar capacity with any 
person or entity which has had a previous license, which was issued under this 
chapter, suspended or revoked more than two years before the date of the 
applicant's application; or
(iii)
(A)
the applicant is an individual or sole proprietorship; and
(B)
any owner or agent acting as a qualifier has served in any capacity listed in 
Subsection (5)(a)(ii)(B) in any entity which has had a previous license, which 
was issued under this chapter, suspended or revoked more than two years 
before the date of the applicant's application.
(6)
(a)
(i)
A licensee that is an unincorporated entity shall file an ownership status 
report with the division every 30 days after the day on which the license is issued 
if the licensee has more than five owners who are individuals who:
(A)
own an interest in the contractor that is an unincorporated entity;
(B)
own, directly or indirectly, less than an 8% interest, as defined by rule made 
by the division in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, in the unincorporated entity; and
(C)
engage, or will engage, in a construction trade in the state as owners of the 
contractor described in Subsection (6)(a)(i)(A).
(ii)
If the licensee has five or fewer owners described in Subsection (6)(a)(i), the 
licensee shall provide the ownership status report with an application for renewal 
of licensure.
(b)
An ownership status report required under this Subsection (6) shall:
(i)
specify each addition or deletion of an owner:
(A)
for the first ownership status report, after the day on which the unincorporated 
entity is licensed under this chapter; and
(B)
for a subsequent ownership status report, after the day on which the previous 
ownership status report is filed;
(ii)
be in a format prescribed by the division that includes for each owner, regardless 
of the owner's percentage ownership in the unincorporated entity, the information 
described in Subsection (1)(e)(vi);
(iii)
list the name of:
(A)
each officer or manager of the unincorporated entity; and
(B)
each other individual involved in the operation, supervision, or management 
of the unincorporated entity; and
(iv)
be accompanied by a fee set by the division in accordance with Section 
63J-1-504
if the ownership status report indicates there is a change described in Subsection 
(6)(b)(i).
(c)
The division may, at any time, audit an ownership status report under this Subsection 
(6):
(i)
to determine if financial responsibility has been demonstrated or maintained as 
required under Section 
58-55-306
; and
(ii)
to determine compliance with Subsection 
58-55-501
(23), (24), or (26) or 
Subsection 
58-55-502
(8) or (9).
(7)
(a)
An unincorporated entity that provides labor to an entity licensed under this 
chapter by providing an individual who owns an interest in the unincorporated entity 
to engage in a construction trade in Utah shall file with the division:
(i)
before the individual who owns an interest in the unincorporated entity engages in 
a construction trade in Utah, a current list of the one or more individuals who hold 
an ownership interest in the unincorporated entity that includes for each individual:
(A)
the individual's name, address, birth date, and social security number; and
(B)
whether the individual will engage in a construction trade; and
(ii)
every 30 days after the day on which the unincorporated entity provides the list 
described in Subsection (7)(a)(i), an ownership status report containing the 
information that would be required under Subsection (6) if the unincorporated 
entity were a licensed contractor.
(b)
When filing an ownership list described in Subsection (7)(a)(i) or an ownership 
status report described in Subsection 
(7)(a)(i) 
(7)(a)(ii) 
an unincorporated entity 
shall pay a fee set by the division in accordance with Section 
63J-1-504
.
(8)
This chapter may not be interpreted to create or support an express or implied 
independent contractor relationship between an unincorporated entity described in 
Subsection (6) or (7) and the owners of the unincorporated entity for any purpose, 
including income tax withholding.
(9)
(a)
A social security number provided under Subsection (1)(e)(vi) or (3)(k)(ii) is a 
private record under Subsection 
63G-2-302
(1)(i).
(b)
The division may designate an applicant's evidence of identity under Subsection 
(1)(e)(vi) as a private record in accordance with Section 
63G-2-302
.
Section 4. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-12-25 12:57 PM