Utah 2025 Regular Session

Utah House Bill HB0019 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 19
	1	+	02-05 16:05 1st Sub. (Buff) H.B. 19
	2	+	Melissa G. Ballard proposes the following substitute bill:
2	3		1
3	4		Child Labor Amendments
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Melissa G. Ballard
7	8		Senate Sponsor: Heidi Balderree
8	9		2
9	10
10	11		3
11	12		LONG TITLE
12	13		4
13	14		General Description:
14	15		5
15	16		This bill amends provisions relating to the employment of minors.
16	17		6
17	18		Highlighted Provisions:
18	19		7
19	20		This bill:
20	21		8
21	22		▸ classifies child-labor related acts as different crimes;
22	23		9
23	24		▸ requires that the Labor Commission report a suspected criminal act to the State Bureau of
24	25		10
25	26		Investigation under certain circumstances;
26	27		11
27	28		▸ permits the State Bureau of Investigation to investigate or forward a suspected criminal
28	29		12
29	30		act to law enforcement or a state agency with jurisdiction over the reported criminal act;
30	31		13
31	32		▸ allows the commission to share information with law enforcement under certain
32	33		14
33	34		circumstances; and
34	35		15
35	36		▸ makes technical and conforming changes.
36	37		16
37	38		Money Appropriated in this Bill:
38	39		17
39	40		None
40	41		18
41	42		Other Special Clauses:
42	43		19
43	44		None
44	45		20
45	46		Utah Code Sections Affected:
46	47		21
47	48		AMENDS:
48	49		22
49	50		34-23-402, as last amended by Laws of Utah 2009, Chapter 347
50	51		23
51	52
52	53		24
53	54		Be it enacted by the Legislature of the state of Utah:
54	55		25
55	56		Section 1. Section 34-23-402 is amended to read:
56	57		26
57	58		34-23-402 . Violation -- Criminal penalty.
58	59		27
59		-	(1)(a) The commission may prosecute a misdemeanor criminal action in the name of the ~~H.B. 19 Enrolled Copy~~
	60	+	(1)(a) The commission may prosecute a misdemeanor criminal action in the name of the
60	61		28
61	62		state.
	63	+	1st Sub. H.B. 19 1st Sub. (Buff) H.B. 19 02-05 16:05
62	64		29
63	65		(b) The county attorney, district attorney, or attorney general shall provide assistance in
64	66		30
65	67		prosecutions under this section at the request of the commission.
66	68		31
67	69		(2) [It is a class B misdemeanor for a person] A person, whether individually or as an
68	70		32
69	71		officer, agent, or employee of any person, firm, or corporation[ to] , violates this section
70	72		33
71	73		by:
72	74		34
73	75		(a) knowingly [employ] employing a minor or [permit] permitting a minor to work in a
74	76		35
75	77		repeated violation of this chapter;
76	78		36
77	79		(b) [refuse] refusing or knowingly [neglect] neglecting to furnish to the commission, any
78	80		37
79	81		information requested by the commission under this chapter;
80	82		38
81	83		(c) [refuse] refusing access to that person's place of business or employment to the
82	84		39
83	85		commission or [its] the commission's authorized representative when access has been
84	86		40
85	87		requested in conjunction with an investigation related to this section;
86	88		41
87	89		(d) [hinder] hindering the commission or [its] the commission's authorized representative
88	90		42
89	91		in the securing of any information authorized by this section;
90	92		43
91	93		(e) [refuse] refusing or knowingly [omit] omitting or [neglect] neglecting to keep any of
92	94		44
93	95		the records required by this chapter;
94	96		45
95	97		(f) knowingly [make any] making a false statement, representation, or certification in any
96	98		46
97	99		application, record, report, plan, or other document filed or required to be maintained
98	100		47
99	101		under this chapter;
100	102		48
101	103		(g) [discharge] discharging an employee or [threaten] threatening to or [retaliate]
102	104		49
103	105		retaliating against an employee because:
104	106		50
105	107		(i) the employee has testified;
106	108		51
107	109		(ii) is about to testify; or
108	110		52
109	111		(iii) the employer believes that the employee may testify in [any] an investigation or [
110	112		53
111	113		proceedings] proceeding relative to the enforcement of this chapter; [and] or
112	114		54
113	115		(h) willfully [violate any] violating an order issued under this chapter.
114	116		55
115		-	(3)(a) Except as provided in Subsection (3)(b) or (3)(c), a violation of Subsection (2)
	117	+	(3) Ĥ→ (a) Except as provided in Subsection (3)(b) or (3)(c), [A] a ←Ĥ violation of
	118	+	55a
	119	+	Subsection (2) is Ĥ→ a class B misdemeanor[:] .
116	120		56
117		-	is a class B misdemeanor.
	121	+	[(a) a class B misdemeanor on the first offense;] ←Ĥ
118	122		57
119		-	(b) A violation of Subsection (2) is a class A misdemeanor if the person has previously
	123	+	(b) Ĥ→ A violation of Subsection (2) is ←Ĥ a class A misdemeanor Ĥ→ [on the second
	124	+	offense] if the
	125	+	57a
	126	+	person has previously been convicted of a violation of Subsection (2)[; or] . ←Ĥ
120	127		58
121		-	been convicted of a violation of Subsection (2).
	128	+	(c) Ĥ→ A violation of Subsection (2) is ←Ĥ a third degree felony Ĥ→ [on the third or
	129	+	subsequent
	130	+	- 2 - 02-05 16:05 1st Sub. (Buff) H.B. 19
	131	+	58a
	132	+	offense] if the person has previously been convicted of a violation of Subsection (2)
	133	+	58b
	134	+	two or more times ←Ĥ .
122	135		59
123		-	(c) A violation of Subsection (2) is a third degree felony if the person has previously
	136	+	(4)(a) If the commission has reasonable suspicion that Ĥ→ [an individual] a person ←Ĥ under
	137	+	59a
	138	+	investigation
124	139		60
125		-	~~been convicted of~~ a violation of ~~Subsection (2) two or more times.~~
	140	+	for a violation of this section may have committed other criminal acts, the
126	141		61
127		-	(4)(a) If the commission has reasonable suspicion that a person under investigation for a
128		-	- 2 - Enrolled Copy H.B. 19
	142	+	commission shall report the commission's observations to the State Bureau of
129	143		62
130		-	~~violation of this section may have committed other criminal acts, the commission~~
	144	+	Investigation.
131	145		63
132		-	~~shall report the commission's observations to~~ the State Bureau of Investigation.
	146	+	(b) The State Bureau of Investigation may:
133	147		64
134		-	(b) ~~The State Bureau of Investigation may:~~
	148	+	(i) investigate a reported violation described in Subsection (4)(a); or
135	149		65
136		-	(i) ~~investigate~~ a reported violation described in Subsection (4)(a)~~; or~~
	150	+	(ii) forward a reported violation described in Subsection (4)(a) to a law enforcement
137	151		66
138		-	~~(ii) forward~~ a reported violation ~~described in Subsection (4)(a) to a law enforcement~~
	152	+	or a state agency with jurisdiction over the reported violation.
139	153		67
140		-	~~or a state agency with jurisdiction over~~ the ~~reported violation.~~
	154	+	(c) The commission shall share any information relating to an offense described in this
141	155		68
142		-	~~(c) The commission shall share any information relating to an offense described in this~~
	156	+	section with law enforcement.
143	157		69
144		-	section ~~with law enforcement~~.
	158	+	[(3)] (5) This section does not apply to [violations] a violation of Section 34-23-301.
145	159		70
146		-	~~[(3)] (5) This~~ section ~~does not apply to [violations] a violation of Section 34-23-301~~.
	160	+	Section 2. Effective date.
147	161		71
148		-	Section 2. Effective date.
149		-	72
150	162		This bill takes effect on May 7, 2025.
151	163		- 3 -