Enrolled Copy H.B. 19 1 Child Labor Amendments 2025 GENERAL SESSION STATE OF UTAH Chief Sponsor: Melissa G. Ballard Senate Sponsor: Heidi Balderree 2 3 LONG TITLE 4 General Description: 5 This bill amends provisions relating to the employment of minors. 6 Highlighted Provisions: 7 This bill: 8 ▸ classifies child-labor related acts as different crimes; 9 ▸ requires that the Labor Commission report a suspected criminal act to the State Bureau of 10 Investigation under certain circumstances; 11 ▸ permits the State Bureau of Investigation to investigate or forward a suspected criminal 12 act to law enforcement or a state agency with jurisdiction over the reported criminal act; 13 ▸ allows the commission to share information with law enforcement under certain 14 circumstances; and 15 ▸ makes technical and conforming changes. 16 Money Appropriated in this Bill: 17 None 18 Other Special Clauses: 19 None 20 Utah Code Sections Affected: 21 AMENDS: 22 34-23-402, as last amended by Laws of Utah 2009, Chapter 347 23 24 Be it enacted by the Legislature of the state of Utah: 25 Section 1. Section 34-23-402 is amended to read: 26 34-23-402 . Violation -- Criminal penalty. 27 (1)(a) The commission may prosecute a misdemeanor criminal action in the name of the H.B. 19 Enrolled Copy 28 state. 29 (b) The county attorney, district attorney, or attorney general shall provide assistance in 30 prosecutions under this section at the request of the commission. 31 (2) [It is a class B misdemeanor for a person] A person, whether individually or as an 32 officer, agent, or employee of any person, firm, or corporation[ to] , violates this section 33 by: 34 (a) knowingly [employ] employing a minor or [permit] permitting a minor to work in a 35 repeated violation of this chapter; 36 (b) [refuse] refusing or knowingly [neglect] neglecting to furnish to the commission, any 37 information requested by the commission under this chapter; 38 (c) [refuse] refusing access to that person's place of business or employment to the 39 commission or [its] the commission's authorized representative when access has been 40 requested in conjunction with an investigation related to this section; 41 (d) [hinder] hindering the commission or [its] the commission's authorized representative 42 in the securing of any information authorized by this section; 43 (e) [refuse] refusing or knowingly [omit] omitting or [neglect] neglecting to keep any of 44 the records required by this chapter; 45 (f) knowingly [make any] making a false statement, representation, or certification in any 46 application, record, report, plan, or other document filed or required to be maintained 47 under this chapter; 48 (g) [discharge] discharging an employee or [threaten] threatening to or [retaliate] 49 retaliating against an employee because: 50 (i) the employee has testified; 51 (ii) is about to testify; or 52 (iii) the employer believes that the employee may testify in [any] an investigation or [ 53 proceedings] proceeding relative to the enforcement of this chapter; [and] or 54 (h) willfully [violate any] violating an order issued under this chapter. 55 (3)(a) Except as provided in Subsection (3)(b) or (3)(c), a violation of Subsection (2) 56 is a class B misdemeanor. 57 (b) A violation of Subsection (2) is a class A misdemeanor if the person has previously 58 been convicted of a violation of Subsection (2). 59 (c) A violation of Subsection (2) is a third degree felony if the person has previously 60 been convicted of a violation of Subsection (2) two or more times. 61 (4)(a) If the commission has reasonable suspicion that a person under investigation for a - 2 - Enrolled Copy H.B. 19 62 violation of this section may have committed other criminal acts, the commission 63 shall report the commission's observations to the State Bureau of Investigation. 64 (b) The State Bureau of Investigation may: 65 (i) investigate a reported violation described in Subsection (4)(a); or 66 (ii) forward a reported violation described in Subsection (4)(a) to a law enforcement 67 or a state agency with jurisdiction over the reported violation. 68 (c) The commission shall share any information relating to an offense described in this 69 section with law enforcement. 70 [(3)] (5) This section does not apply to [violations] a violation of Section 34-23-301. 71 Section 2. Effective date. 72 This bill takes effect on May 7, 2025. - 3 -