01-28 13:44 1st Sub. (Buff) H.B. 19
Melissa G. Ballard proposes the following substitute bill:
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Child Labor Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Melissa G. Ballard
Senate Sponsor: Heidi Balderree
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LONG TITLE
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General Description:
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This bill amends provisions relating to the employment of minors.
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Highlighted Provisions:
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This bill:
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▸ classifies child-labor related acts as different crimes;
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▸ requires that the Labor Commission report a suspected criminal act to the State Bureau of
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Investigation under certain circumstances;
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▸ permits the State Bureau of Investigation to investigate or forward a suspected criminal
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act to law enforcement or a state agency with jurisdiction over the reported criminal act;
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▸ allows the commission to share information with law enforcement under certain
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circumstances; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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34-23-402, as last amended by Laws of Utah 2009, Chapter 347
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 34-23-402 is amended to read:
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34-23-402 . Violation -- Criminal penalty.
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(1)(a) The commission may prosecute a misdemeanor criminal action in the name of the
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state.
1st Sub. H.B. 19 1st Sub. (Buff) H.B. 19 01-28 13:44
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(b) The county attorney, district attorney, or attorney general shall provide assistance in
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prosecutions under this section at the request of the commission.
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(2) [It is a class B misdemeanor for a person] A person, whether individually or as an
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officer, agent, or employee of any person, firm, or corporation[ to] , violates this section
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by:
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(a) knowingly [employ] employing a minor or [permit] permitting a minor to work in a
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repeated violation of this chapter;
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(b) [refuse] refusing or knowingly [neglect] neglecting to furnish to the commission, any
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information requested by the commission under this chapter;
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(c) [refuse] refusing access to that person's place of business or employment to the
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commission or [its] the commission's authorized representative when access has been
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requested in conjunction with an investigation related to this section;
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(d) [hinder] hindering the commission or [its] the commission's authorized representative
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in the securing of any information authorized by this section;
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(e) [refuse] refusing or knowingly [omit] omitting or [neglect] neglecting to keep any of
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the records required by this chapter;
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(f) knowingly [make any] making a false statement, representation, or certification in any
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application, record, report, plan, or other document filed or required to be maintained
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under this chapter;
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(g) [discharge] discharging an employee or [threaten] threatening to or [retaliate]
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retaliating against an employee because:
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(i) the employee has testified;
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(ii) is about to testify; or
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(iii) the employer believes that the employee may testify in [any] an investigation or [
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proceedings] proceeding relative to the enforcement of this chapter; [and] or
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(h) willfully [violate any] violating an order issued under this chapter.
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(3) A violation of Subsection (2) is:
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(a) a class B misdemeanor on the first offense;
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(b) a class A misdemeanor on the second offense; or
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(c) a third degree felony on the third or subsequent offense.
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(4)(a) If the commission has reasonable suspicion that an individual under investigation
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for a violation of this section may have committed other criminal acts, the
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commission shall report the commission's observations to the State Bureau of
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Investigation.
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(b) The State Bureau of Investigation may:
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(i) investigate a reported violation described in Subsection (4)(a); or
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(ii) forward a reported violation described in Subsection (4)(a) to a law enforcement
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or a state agency with jurisdiction over the reported violation.
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(c) The commission shall share any information relating to an offense described in this
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section with law enforcement.
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[(3)] (5) This section does not apply to [violations] a violation of Section 34-23-301.
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Section 2. Effective date.
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This bill takes effect on May 7, 2025.
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