Enrolled Copy H.B. 442
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Construction Trades Licensing Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Thomas W. Peterson
Senate Sponsor: Calvin R. Musselman
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LONG TITLE
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General Description:
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This bill modifies requirements for construction trade licenses.
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Highlighted Provisions:
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This bill:
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▸ provides requirements for a general engineering contractor license for electrical utilities;
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▸ allows an applicant with sufficient experience to obtain a general engineering contractor
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license;
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▸ grants rulemaking authority to the division to establish by rule sufficient experience for
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an applicant with a journeyman lineman license from another jurisdiction; and
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▸ provides the requirements for an HVAC contractor license.
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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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58-55-102, as last amended by Laws of Utah 2024, Chapter 507
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58-55-301, as last amended by Laws of Utah 2017, Chapter 411
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58-55-302, as last amended by Laws of Utah 2024, Chapter 507
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 58-55-102 is amended to read:
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58-55-102 . Definitions.
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In addition to the definitions in Section 58-1-102, as used in this chapter: H.B. 442 Enrolled Copy
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(1)(a) "Alarm business" or "alarm company" means a person engaged in the sale,
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installation, maintenance, alteration, repair, replacement, servicing, or monitoring of
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an alarm system, except as provided in Subsection (1)(b).
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(b) "Alarm business" or "alarm company" does not include:
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(i) a person engaged in the manufacture or sale of alarm systems unless:
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(A) that person is also engaged in the installation, maintenance, alteration, repair,
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replacement, servicing, or monitoring of alarm systems;
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(B) the manufacture or sale occurs at a location other than a place of business
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established by the person engaged in the manufacture or sale; or
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(C) the manufacture or sale involves site visits at the place or intended place of
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installation of an alarm system; or
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(ii) an owner of an alarm system, or an employee of the owner of an alarm system
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who is engaged in installation, maintenance, alteration, repair, replacement,
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servicing, or monitoring of the alarm system owned by that owner.
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(2) "Alarm company agent":
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(a) except as provided in Subsection (2)(b), means any individual employed within this
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state by an alarm business; and
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(b) does not include an individual who:
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(i) is not engaged in the sale, installation, maintenance, alteration, repair,
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replacement, servicing, or monitoring of an alarm system; and
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(ii) does not, during the normal course of the individual's employment with an alarm
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business, use or have access to sensitive alarm system information.
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(3) "Alarm company officer" means:
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(a) a governing person, as defined in Section 48-3a-102, of an alarm company;
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(b) an individual appointed as an officer of an alarm company that is a corporation in
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accordance with Section 16-10a-830;
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(c) a general partner, as defined in Section 48-2e-102, of an alarm company; or
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(d) a partner, as defined in Section 48-1d-102, of an alarm company.
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(4) "Alarm company owner" means:
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(a) a shareholder, as defined in Section 16-10a-102, who owns directly, or indirectly
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through an entity controlled by the individual, 5% or more of the outstanding shares
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of an alarm company that:
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(i) is a corporation; and
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(ii) is not publicly listed or traded; or
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(b) an individual who owns directly, or indirectly through an entity controlled by the
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individual, 5% or more of the equity of an alarm company that is not a corporation.
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(5) "Alarm company proprietor" means the sole proprietor of an alarm company that is
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registered as a sole proprietorship with the Division of Corporations and Commercial
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Code.
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(6) "Alarm company trustee" means an individual with control of or power of
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administration over property held in trust.
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(7)(a) "Alarm system" means equipment and devices assembled for the purpose of:
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(i) detecting and signaling unauthorized intrusion or entry into or onto certain
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premises; or
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(ii) signaling a robbery or attempted robbery on protected premises.
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(b) "Alarm system" includes a battery-charged suspended-wire system or fence that is
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part of and interfaces with an alarm system for the purposes of detecting and
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deterring unauthorized intrusion or entry into or onto certain premises.
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(8) "Apprentice electrician" means a person licensed under this chapter as an apprentice
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electrician who is learning the electrical trade under the immediate supervision of a
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master electrician, residential master electrician, a journeyman electrician, or a
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residential journeyman electrician.
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(9) "Apprentice plumber" means a person licensed under this chapter as an apprentice
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plumber who is learning the plumbing trade under the immediate supervision of a master
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plumber, residential master plumber, journeyman plumber, or a residential journeyman
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plumber.
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(10) "Approved continuing education" means instruction provided through courses under a
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program established under Subsection 58-55-302.5(2).
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(11)(a) "Approved prelicensure course provider" means a provider that is the Associated
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General Contractors of Utah, the Utah Chapter of the Associated Builders and
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Contractors, or the Utah Home Builders Association, and that meets the requirements
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established by rule by the commission with the concurrence of the director, to teach
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the 25-hour course described in Subsection 58-55-302(1)(e)(iii).
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(b) "Approved prelicensure course provider" may only include a provider that, in
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addition to any other locations, offers the 25-hour course described in Subsection
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58-55-302(1)(e)(iii) at least six times each year in one or more counties other than
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Salt Lake County, Utah County, Davis County, or Weber County.
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(12) "Board" means the Alarm System Security and Licensing Board or Electricians and
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Plumbers Licensing Board created in Section 58-55-201.
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(13) "Combustion system" means an assembly consisting of:
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(a) piping and components with a means for conveying, either continuously or
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intermittently, natural gas from the outlet of the natural gas provider's meter to the
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burner of the appliance;
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(b) the electric control and combustion air supply and venting systems, including air
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ducts; and
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(c) components intended to achieve control of quantity, flow, and pressure.
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(14) "Commission" means the Construction Services Commission created under Section
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58-55-103.
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(15) "Construction trade" means any trade or occupation involving:
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(a)(i) construction, alteration, remodeling, repairing, wrecking or demolition, addition
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to, or improvement of any building, highway, road, railroad, dam, bridge,
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structure, excavation or other project, development, or improvement to other than
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personal property; and
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(ii) constructing, remodeling, or repairing a manufactured home or mobile home as
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defined in Section 15A-1-302; or
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(b) installation or repair of a residential or commercial natural gas appliance or
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combustion system.
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(16) "Construction trades instructor" means a person licensed under this chapter to teach
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one or more construction trades in both a classroom and project environment, where a
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project is intended for sale to or use by the public and is completed under the direction
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of the instructor, who has no economic interest in the project.
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(17)(a) "Contractor" means any person who for compensation other than wages as an
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employee undertakes any work in the construction, plumbing, or electrical trade for
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which licensure is required under this chapter and includes:
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(i) a person who builds any structure on the person's own property for the purpose of
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sale or who builds any structure intended for public use on the person's own
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property;
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(ii) any person who represents that the person is a contractor, or will perform a
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service described in this Subsection (17) by advertising on a website or social
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media, or any other means;
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(iii) any person engaged as a maintenance person, other than an employee, who
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regularly engages in activities set forth under the definition of "construction trade";
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(iv) any person engaged in, or offering to engage in, any construction trade for which
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licensure is required under this chapter; or
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(v) a construction manager, construction consultant, construction assistant, or any
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other person who, for a fee:
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(A) performs or offers to perform construction consulting;
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(B) performs or offers to perform management of construction subcontractors;
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(C) provides or offers to provide a list of subcontractors or suppliers; or
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(D) provides or offers to provide management or counseling services on a
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construction project.
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(b) "Contractor" does not include:
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(i) an alarm company or alarm company agent; or
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(ii) a material supplier who provides consulting to customers regarding the design
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and installation of the material supplier's products.
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(18)(a) "Electrical trade" means the performance of any electrical work involved in the
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installation, construction, alteration, change, repair, removal, or maintenance of
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facilities, buildings, or appendages or appurtenances.
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(b) "Electrical trade" does not include:
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(i) transporting or handling electrical materials;
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(ii) preparing clearance for raceways for wiring;
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(iii) work commonly done by unskilled labor on any installations under the exclusive
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control of electrical utilities;
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(iv) work involving cable-type wiring that does not pose a shock or fire-initiation
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hazard; or
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(v) work involving class two or class three power-limited circuits as defined in the
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National Electrical Code.
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(19) "Elevator" means the same as that term is defined in Section 34A-7-202, except that
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for purposes of this chapter it does not mean a stair chair, a vertical platform lift, or an
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incline platform lift.
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(20) "Elevator contractor" means a sole proprietor, firm, or corporation licensed under this
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chapter that is engaged in the business of erecting, constructing, installing, altering,
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servicing, repairing, or maintaining an elevator.
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(21) "Elevator mechanic" means an individual who is licensed under this chapter as an
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elevator mechanic and who is engaged in erecting, constructing, installing, altering,
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servicing, repairing, or maintaining an elevator under the immediate supervision of an
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elevator contractor.
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(22) "Employee" means an individual as defined by the division by rule giving
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consideration to the definition adopted by the Internal Revenue Service and the
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Department of Workforce Services.
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(23) "Engage in a construction trade" means to:
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(a) engage in, represent oneself to be engaged in, or advertise oneself as being engaged
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in a construction trade; or
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(b) use the name "contractor" or "builder" or in any other way lead a reasonable person
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to believe one is or will act as a contractor.
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(24)(a) "Financial responsibility" means a demonstration of a current and expected
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future condition of financial solvency evidencing a reasonable expectation to the
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division and the board that an applicant or licensee can successfully engage in
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business as a contractor without jeopardy to the public health, safety, and welfare.
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(b) Financial responsibility may be determined by an evaluation of the total history
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concerning the licensee or applicant including past, present, and expected condition
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and record of financial solvency and business conduct.
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(25) "Gas appliance" means any device that uses natural gas to produce light, heat, power,
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steam, hot water, refrigeration, or air conditioning.
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(26)(a) "General building contractor" means a person licensed under this chapter as a
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general building contractor qualified by education, training, experience, and
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knowledge to perform or superintend construction of structures for the support,
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shelter, and enclosure of persons, animals, chattels, or movable property of any kind
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or any of the components of that construction except plumbing, electrical work,
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mechanical work, work related to the operating integrity of an elevator, and
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manufactured housing installation, for which the general building contractor shall
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employ the services of a contractor licensed in the particular specialty, except that a
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general building contractor engaged in the construction of single-family and
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multifamily residences up to four units may perform the mechanical work and hire a
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licensed plumber or electrician as an employee.
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(b) The division may by rule exclude general building contractors from engaging in the
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performance of other construction specialties in which there is represented a
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substantial risk to the public health, safety, and welfare, and for which a license is
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required unless that general building contractor holds a valid license in that specialty
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classification.
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(27)[(a)] "General electrical contractor" means a person licensed under this chapter as a
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general electrical contractor qualified by education, training, experience, and
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knowledge to perform the fabrication, construction, and installation of generators,
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transformers, conduits, raceways, panels, switch gear, electrical wires, fixtures,
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appliances, [or ]apparatus that uses electrical energy, or any other work the division
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authorizes by rule in accordance with Subsection 58-55-301(4).
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[(b) The scope of work of a general electrical contractor may be further defined by rules
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made by the commission, with the concurrence of the director, in accordance with
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Title 63G, Chapter 3, Utah Administrative Rulemaking Act.]
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(28)(a) "General engineering contractor" means a person licensed under this chapter as a
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general engineering contractor qualified by education, training, experience, and
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knowledge to perform or superintend construction of fixed works, or components of
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fixed works requiring specialized engineering knowledge and skill in[ any of the
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following]:
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[(i) irrigation;]
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[(ii) drainage;]
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[(iii) water power;]
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[(iv) water supply;]
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[(v) flood control;]
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[(vi) an inland waterway;]
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[(vii) a harbor;]
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[(viii) a railroad;]
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[(ix) a highway;]
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[(x) a tunnel;]
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[(xi) an airport;]
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[(xii) an airport runway;]
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[(xiii) a sewer;]
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[(xiv) a bridge;]
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[(xv) a refinery;]
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[(xvi) a pipeline;]
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[(xvii) a chemical plant;]
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[(xviii) an industrial plant;]
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[(xix) a pier;]
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[(xx) a foundation;]
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[(xxi) a power plant;]
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[(xxii) a utility plant or installation; or]
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[(xxiii) an underground electric utility conduit.]
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(i) airports;
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(ii) airport runways;
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(iii) bridges;
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(iv) chemical plants;
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(v) drainage;
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(vi) electrical utilities;
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(vii) flood control;
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(viii) foundations;
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(ix) harbors;
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(x) highways;
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(xi) industrial plants;
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(xii) inland waterways;
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(xiii) irrigation systems;
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(xiv) piers;
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(xv) pipelines;
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(xvi) power plants;
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(xvii) railroads;
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(xviii) refineries;
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(xix) sewers;
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(xx) tunnels;
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(xxi) underground electric utility conduits;
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(xxii) utility plants;
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(xxiii) water power; or
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(xxiv) water supply.
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(b) A general engineering contractor may not perform or superintend:
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(i) construction of a structure built primarily for the support, shelter, and enclosure of
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persons, animals, and chattels;[ or]
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(ii) plumbing work;
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(iii) electrical work beyond underground electric utility conduit or electrical utilities;
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(iv) mechanical work; or
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(v) work where the general engineering contractor does not have the required
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specialized engineering knowledge and skill.
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[(ii) performance of:]
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[(A) plumbing work;]
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[(B) electrical work beyond underground electric utility conduit; or]
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[(C) mechanical work.]
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(29)[(a)] "General plumbing contractor" means a person licensed under this chapter as a
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general plumbing contractor qualified by education, training, experience, and
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knowledge to perform the fabrication or installation of material and fixtures to create
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and maintain sanitary conditions in a building by providing permanent means for a
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supply of safe and pure water, a means for the timely and complete removal from the
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premises of all used or contaminated water, fluid and semi-fluid organic wastes and
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other impurities incidental to life and the occupation of such premises, [and ]a safe
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and adequate supply of gases for lighting, heating, and industrial purposes, or other
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work the division authorizes by rule in accordance with Subsection 58-55-301(4).
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[(b) The scope of work of a general plumbing contractor may be further defined by rules
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made by the commission, with the concurrence of the director, in accordance with
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Title 63G, Chapter 3, Utah Administrative Rulemaking Act.]
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(30) "HVAC" means a heating, ventilation, and air conditioning system and the specific
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components that are a part of the system, including the gas line.
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(31) "HVAC contractor" means a person licensed under this chapter specialized in the
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installation, maintenance, repair, and servicing of heating, ventilation, air conditioning
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systems or any other work the division authorizes by rule in accordance with Subsection
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58-55-301(4).
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[(30)] (32) "Immediate supervision" means reasonable direction, oversight, inspection, and
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evaluation of the work of a person:
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(a) as the division specifies in rule;
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(b) by, as applicable, a qualified electrician or plumber;
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(c) as part of a planned program of training; and
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(d) to ensure that the end result complies with applicable standards.
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[(31)] (33) "Individual" means a natural person.
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(34) "Journeyman lineman" means a person that builds and maintains an electrical power
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system, performs work on transmission lines or distribution lines from power plants to
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customers, and has completed an approved 7,000 hour certified apprenticeship program.
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[(32)] (35) "Journeyman electrician" means a person licensed under this chapter as a
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journeyman electrician having the qualifications, training, experience, and knowledge to
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wire, install, and repair electrical apparatus and equipment for light, heat, power, and
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other purposes.
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[(33)] (36) "Journeyman plumber" means a person licensed under this chapter as a
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journeyman plumber having the qualifications, training, experience, and technical
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knowledge to engage in the plumbing trade.
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[(34)] (37) "Master electrician" means a person licensed under this chapter as a master
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electrician having the qualifications, training, experience, and knowledge to properly
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plan, layout, and supervise the wiring, installation, and repair of electrical apparatus and
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equipment for light, heat, power, and other purposes.
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[(35)] (38) "Master plumber" means a person licensed under this chapter as a master
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plumber having the qualifications, training, experience, and knowledge to properly plan
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and layout projects and supervise persons in the plumbing trade.
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[(36)] (39) "Person" means a natural person, sole proprietorship, joint venture, corporation,
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limited liability company, association, or organization of any type.
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[(37)] (40)(a) "Plumbing trade" means the performance of any mechanical work
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pertaining to the installation, alteration, change, repair, removal, maintenance, or use
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in buildings, or within three feet beyond the outside walls of buildings, of pipes,
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fixtures, and fittings for the:
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(i) delivery of the water supply;
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(ii) discharge of liquid and water carried waste;
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(iii) building drainage system within the walls of the building; and
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(iv) delivery of gases for lighting, heating, and industrial purposes.
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(b) "Plumbing trade" includes work pertaining to the water supply, distribution pipes,
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fixtures and fixture traps, soil, waste and vent pipes, the building drain and roof
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drains, and the safe and adequate supply of gases, together with their devices,
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appurtenances, and connections where installed within the outside walls of the
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building.
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[(38)] (41) "Ratio of apprentices" means the number of licensed plumber apprentices or
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licensed electrician apprentices that are allowed to be under the immediate supervision
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of a licensed supervisor as established by the provisions of this chapter and by rules
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made by the commission, with the concurrence of the director, in accordance with Title
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63G, Chapter 3, Utah Administrative Rulemaking Act.
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[(39)] (42) "Residential and small commercial contractor" means a person licensed under
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this chapter as a residential and small commercial contractor qualified by education,
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training, experience, and knowledge to perform or superintend the construction of
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single-family residences, multifamily residences up to four units, and commercial
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construction of not more than three stories above ground and not more than 20,000
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square feet, or any of the components of that construction except plumbing, electrical
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work, mechanical work, and manufactured housing installation, for which the residential
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and small commercial contractor shall employ the services of a contractor licensed in the
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particular specialty, except that a residential and small commercial contractor engaged in
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the construction of single-family and multifamily residences up to four units may
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perform the mechanical work and hire a licensed plumber or electrician as an employee.
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[(40)] (43) "Residential building," as it relates to the license classification of residential
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journeyman plumber and residential master plumber, means a single or multiple family
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dwelling of up to four units.
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[(41)] (44)[(a)] "Residential electrical contractor" means a person licensed under this
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chapter as a residential electrical contractor qualified by education, training,
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experience, and knowledge to perform the fabrication, construction, and installation
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of services, disconnecting means, grounding devices, panels, conductors, load
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centers, lighting and plug circuits, appliances, and fixtures in a residential unit or any
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other work the division authorizes by rule in accordance with Subsection
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58-55-301(4).
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[(b) The scope of work of a residential electrical contractor may be further defined by
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rules made by the commission, with the concurrence of the director, in accordance
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with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.]
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[(42)] (45) "Residential journeyman electrician" means a person licensed under this chapter
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as a residential journeyman electrician having the qualifications, training, experience,
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and knowledge to wire, install, and repair electrical apparatus and equipment for light,
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heat, power, and other purposes on buildings using primarily nonmetallic sheath cable.
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[(43)] (46) "Residential journeyman plumber" means a person licensed under this chapter as
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a residential journeyman plumber having the qualifications, training, experience, and
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knowledge to engage in the plumbing trade as limited to the plumbing of residential
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buildings.
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[(44)] (47) "Residential master electrician" means a person licensed under this chapter as a
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residential master electrician having the qualifications, training, experience, and
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knowledge to properly plan, layout, and supervise the wiring, installation, and repair of
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electrical apparatus and equipment for light, heat, power, and other purposes on
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residential projects.
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[(45)] (48) "Residential master plumber" means a person licensed under this chapter as a
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residential master plumber having the qualifications, training, experience, and
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knowledge to properly plan and layout projects and supervise persons in the plumbing
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trade as limited to the plumbing of residential buildings.
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[(46)] (49)[(a)] "Residential plumbing contractor" means a person licensed under this
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chapter as a residential plumbing contractor qualified by education, training,
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experience, and knowledge to perform the fabrication or installation of material and
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fixtures to create and maintain sanitary conditions in residential buildings by
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providing permanent means for a supply of safe and pure water, a means for the
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timely and complete removal from the premises of all used or contaminated water,
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fluid and semi-fluid organic wastes and other impurities incidental to life and the
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occupation of such premises, [and ]a safe and adequate supply of gases for lighting,
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heating, and residential purposes, or any other work the division authorizes by rule in
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accordance with Subsection 58-55-301(4).
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[(b) The scope of work of a residential plumbing contractor may be further defined by
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rules made by the commission, with the concurrence of the director, in accordance
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with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.]
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[(47)] (50) "Residential project," as it relates to an electrician or electrical contractor, means
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buildings primarily wired with nonmetallic sheathed cable, in accordance with standard
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rules and regulations governing this work, including the National Electrical Code, and in
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which the voltage does not exceed 250 volts line to line and 125 volts to ground.
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[(48)] (51) "Responsible management personnel" means:
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(a) a qualifying agent;
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(b) an operations manager; or
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(c) a site manager.
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[(49)] (52) "Sensitive alarm system information" means:
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(a) a pass code or other code used in the operation of an alarm system;
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(b) information on the location of alarm system components at the premises of a
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customer of the alarm business providing the alarm system;
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(c) information that would allow the circumvention, bypass, deactivation, or other
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compromise of an alarm system of a customer of the alarm business providing the
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alarm system; and
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(d) any other similar information that the division by rule determines to be information
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that an individual employed by an alarm business should use or have access to only if
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the individual is licensed as provided in this chapter.
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[(50)] (53)(a) "Specialty contractor" means a person licensed under this chapter under a
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specialty contractor classification established by rule, who is qualified by education,
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training, experience, and knowledge to perform those construction trades and crafts
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requiring specialized skill, the regulation of which are determined by the division to
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be in the best interest of the public health, safety, and welfare.
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(b) A specialty contractor may perform work in crafts or trades other than those in which
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the specialty contractor is licensed if they are incidental to the performance of the
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specialty contractor's licensed craft or trade.
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[(51)] (54) "Unincorporated entity" means an entity that is not:
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(a) an individual;
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(b) a corporation; or
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(c) publicly traded.
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[(52)] (55) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501
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and 58-55-501.
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[(53)] (56) "Unprofessional conduct" means the same as that term is defined in Sections
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58-1-501 and 58-55-502 and as may be further defined by rule.
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[(54)] (57) "Wages" means amounts due to an employee for labor or services whether the
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amount is fixed or ascertained on a time, task, piece, commission, or other basis for
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calculating the amount.
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Section 2. Section 58-55-301 is amended to read:
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58-55-301 . License required -- License classifications -- Scope.
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(1)(a) A person engaged in the construction trades licensed under this chapter, as a
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contractor regulated under this chapter, as an alarm business or company, or as an
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alarm company agent, shall become licensed under this chapter before engaging in
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that trade or contracting activity in this state unless specifically exempted from
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licensure under Section 58-1-307 or 58-55-305.
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(b) The license issued under this chapter and the business license issued by the local
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jurisdiction in which the licensee has its principal place of business shall be the only
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licenses required for the licensee to engage in a trade licensed by this chapter, within
434
the state.
435
(c) Neither the state nor any of its political subdivisions may require of a licensee any
- 13 - H.B. 442 Enrolled Copy
436
additional business licenses, registrations, certifications, contributions, donations, or
437
anything else established for the purpose of qualifying a licensee under this chapter to
438
do business in that local jurisdiction, except for contract prequalification procedures
439
required by state agencies, or the payment of any fee for the license, registration, or
440
certification established as a condition to do business in that local jurisdiction.
441
(2) The division shall issue licenses under this chapter to qualified persons in the following
442
classifications:
443
(a) [general engineering contractor;] alarm company;
444
(b) alarm company agent;
445
(c) apprentice electrician;
446
(d) apprentice plumber;
447
(e) construction trades instructor:
448
(i) general building classification;
449
(ii) general engineering classification;
450
(iii) electrical classification;
451
(iv) mechanical classification; and
452
(v) plumbing classification;
453
(f) elevator contractor;
454
(g) elevator mechanic;
455
(h) general building contractor;
456
(i) general electrical contractor;
457
(j) general engineering contractor;
458
(k) general plumbing contractor;
459
(l) HVAC contractor;
460
(m) journeyman electrician;
461
(n) journeyman plumber;
462
(o) master electrician;
463
(p) master plumber;
464
(q) residential and small commercial contractor;
465
(r) residential electrical contractor;
466
(s) residential journeyman electrician;
467
(t) residential journeyman plumber;
468
(u) residential master electrician;
469
(v) residential master plumber;
- 14 - Enrolled Copy H.B. 442
470
(w) residential plumbing contractor; and
471
(x) specialty contractor.
472
[(b) general building contractor;]
473
[(c) residential and small commercial contractor;]
474
[(d) elevator contractor;]
475
[(e) general plumbing contractor;]
476
[(f) residential plumbing contractor;]
477
[(g) general electrical contractor;]
478
[(h) residential electrical contractor;]
479
[(i) specialty contractor;]
480
[(j) master plumber;]
481
[(k) residential master plumber;]
482
[(l) journeyman plumber;]
483
[(m) apprentice plumber;]
484
[(n) residential journeyman plumber;]
485
[(o) master electrician;]
486
[(p) residential master electrician;]
487
[(q) journeyman electrician;]
488
[(r) residential journeyman electrician;]
489
[(s) apprentice electrician;]
490
[(t) construction trades instructor:]
491
[(i) general engineering classification;]
492
[(ii) general building classification;]
493
[(iii) electrical classification;]
494
[(iv) plumbing classification; and]
495
[(v) mechanical classification;]
496
[(u) alarm company;]
497
[(v) alarm company agent; and]
498
[(w) elevator mechanic.]
499
(3)(a) An applicant may apply for a license in one or more classification or specialty
500
contractor subclassification.
501
(b) A license shall be granted in each classification or subclassification for which the
502
applicant qualifies.
503
(c) A separate application and fee must be submitted for each license classification or
- 15 - H.B. 442 Enrolled Copy
504
subclassification.
505
(4) With the concurrence of the director, in accordance with Title 63G, Chapter 3, Utah
506
Administrative Rulemaking Act, the commission may further define the scope of work
507
by rule for:
508
(a) a general electrical contractor;
509
(b) a general plumbing contractor;
510
(c) an HVAC contractor;
511
(d) a residential electrical contractor; and
512
(e) a residential plumbing contractor.
513
Section 3. Section 58-55-302 is amended to read:
514
58-55-302 . Qualifications for licensure.
515
(1) Each applicant for a license under this chapter shall:
516
(a) submit an application prescribed by the division;
517
(b) pay a fee as determined by the department under Section 63J-1-504;
518
(c) meet the examination requirements established by this section and by rule by the
519
commission with the concurrence of the director, which requirements include:
520
(i) for licensure as an apprentice electrician, apprentice plumber, or specialty
521
contractor, no division-administered examination is required;
522
(ii) for licensure as a general building contractor, general engineering contractor,
523
residential and small commercial contractor, general plumbing contractor,
524
residential plumbing contractor, general electrical contractor, or residential
525
electrical contractor, the only required division-administered examination is a
526
division-administered examination that covers information from the 25-hour
527
course described in Subsection (1)(e)(iii), which course may have been previously
528
completed as part of applying for any other license under this chapter, and, if the
529
25-hour course was completed on or after July 1, 2019, the five-hour business law
530
course described in Subsection (1)(e)(iv); and
531
(iii) if required in Section 58-55-304, an individual qualifier must pass the required
532
division-administered examination if the applicant is a business entity;
533
(d) if an apprentice, identify the proposed supervisor of the apprenticeship;
534
(e) if an applicant for a contractor's license:
535
(i) produce satisfactory evidence of financial responsibility, except for a construction
536
trades instructor for whom evidence of financial responsibility is not required;
537
(ii) produce satisfactory evidence of:
- 16 - Enrolled Copy H.B. 442
538
(A) except as provided in Subsection (2)(a), and except that no employment
539
experience is required for licensure as a specialty contractor, two years
540
full-time paid employment experience in the construction industry, which
541
employment experience, unless more specifically described in this section, may
542
be related to any contracting classification and does not have to include
543
supervisory experience; and
544
(B) knowledge of the principles of the conduct of business as a contractor,
545
reasonably necessary for the protection of the public health, safety, and welfare;
546
(iii) except as otherwise provided by rule by the commission with the concurrence of
547
the director, complete a 25-hour course established by rule by the commission
548
with the concurrence of the director, which is taught by an approved prelicensure
549
course provider, and which course may include:
550
(A) construction business practices;
551
(B) bookkeeping fundamentals;
552
(C) mechanics lien fundamentals;
553
(D) other aspects of business and construction principles considered important by
554
the commission with the concurrence of the director; and
555
(E) for no additional fee, a provider-administered examination at the end of the
556
25-hour course;
557
(iv) [complete a five-hour business and law course established by rule by the
558
commission with the concurrence of the director, which is taught by an approved
559
prelicensure course provider, if an applicant for licensure as a general building
560
contractor, general engineering contractor, residential and small commercial
561
contractor, general plumbing contractor, residential plumbing contractor, general
562
electrical contractor, or residential electrical contractor, except that if the 25-hour
563
course described in Subsection (1)(e)(iii) was completed before July 1, 2019, the
564
applicant does not need to take the business and law course;] if the applicant is
565
applying for licensure as a general building contractor, general engineering
566
contractor, residential and small commercial contractor, general plumbing
567
contractor, residential plumbing contractor, general electrical contractor,
568
residential electrical contractor, or HVAC contractor, other than an applicant who
569
completed the 25-hour course described in Subsection (1)(e)(iii) before July 1,
570
2019, complete a five-hour business and law course:
571
(A) that the commission, with the concurrence of the director, establishes by rule;
- 17 - H.B. 442 Enrolled Copy
572
and
573
(B) that is taught by an approved prelicensure course provider;
574
(v)(A) be a licensed master electrician if an applicant for an electrical contractor's
575
license or a licensed master residential electrician if an applicant for a
576
residential electrical contractor's license;
577
(B) be a licensed master plumber if an applicant for a plumbing contractor's
578
license or a licensed master residential plumber if an applicant for a residential
579
plumbing contractor's license; or
580
(C) be a licensed elevator mechanic and produce satisfactory evidence of three
581
years experience as an elevator mechanic if an applicant for an elevator
582
contractor's license; and
583
(vi) when the applicant is an unincorporated entity, provide a list of the one or more
584
individuals who hold an ownership interest in the applicant as of the day on which
585
the application is filed that includes for each individual:
586
(A) the individual's name, address, birth date, and social security number or other
587
satisfactory evidence of the applicant's identity permitted under rules made by
588
the division in accordance with Title 63G, Chapter 3, Utah Administrative
589
Rulemaking Act; and
590
(B) whether the individual will engage in a construction trade; and
591
(f) if an applicant for a construction trades instructor license, satisfy any additional
592
requirements established by rule.
593
(2)(a) If the applicant for a contractor's license described in Subsection (1) is a building
594
inspector, the applicant may satisfy Subsection (1)(e)(ii)(A) by producing satisfactory
595
evidence of two years full-time paid employment experience as a building inspector,
596
which shall include at least one year full-time experience as a licensed combination
597
inspector.
598
(b) The applicant shall file the following with the division before the division issues the
599
license:
600
(i) proof of workers' compensation insurance which covers employees of the
601
applicant in accordance with applicable Utah law;
602
(ii) proof of public liability insurance in coverage amounts and form established by
603
rule except for a construction trades instructor for whom public liability insurance
604
is not required; and
605
(iii) proof of registration as required by applicable law with the:
- 18 - Enrolled Copy H.B. 442
606
(A) Department of Commerce;
607
(B) Division of Corporations and Commercial Code;
608
(C) Unemployment Insurance Division in the Department of Workforce Services,
609
for purposes of Title 35A, Chapter 4, Employment Security Act;
610
(D) State Tax Commission; and
611
(E) Internal Revenue Service.
612
(3) In addition to the general requirements for each applicant in Subsection (1), applicants
613
shall comply with the following requirements to be licensed in the following
614
classifications:
615
(a)(i) A master plumber shall produce satisfactory evidence that the applicant:
616
(A) has been a licensed journeyman plumber for at least two years and had two
617
years of supervisory experience as a licensed journeyman plumber in
618
accordance with division rule;
619
(B) has received at least an associate of applied science degree or similar degree
620
following the completion of a course of study approved by the division and had
621
one year of supervisory experience as a licensed journeyman plumber in
622
accordance with division rule; or
623
(C) meets the qualifications for expedited licensure as established by rules made
624
by the commission, with the concurrence of the director, in accordance with
625
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly
626
demonstrate the applicant has the knowledge and skills to be a licensed master
627
plumber.
628
(ii) An individual holding a valid Utah license as a journeyman plumber, based on at
629
least four years of practical experience as a licensed apprentice under the
630
supervision of a licensed journeyman plumber and four years as a licensed
631
journeyman plumber, in effect immediately prior to May 5, 2008, is on and after
632
May 5, 2008, considered to hold a current master plumber license under this
633
chapter, and satisfies the requirements of this Subsection (3)(a) for the purpose of
634
renewal or reinstatement of that license under Section 58-55-303.
635
(iii) An individual holding a valid plumbing contractor's license or residential
636
plumbing contractor's license, in effect immediately prior to May 5, 2008, is on or
637
after May 5, 2008:
638
(A) considered to hold a current master plumber license under this chapter if
639
licensed as a plumbing contractor and a journeyman plumber, and satisfies the
- 19 - H.B. 442 Enrolled Copy
640
requirements of this Subsection (3)(a) for purposes of renewal or reinstatement
641
of that license under Section 58-55-303; and
642
(B) considered to hold a current residential master plumber license under this
643
chapter if licensed as a residential plumbing contractor and a residential
644
journeyman plumber, and satisfies the requirements of this Subsection (3)(a)
645
for purposes of renewal or reinstatement of that license under Section
646
58-55-303.
647
(b) A master residential plumber applicant shall produce satisfactory evidence that the
648
applicant:
649
(i) has been a licensed residential journeyman plumber for at least two years and had
650
two years of supervisory experience as a licensed residential journeyman plumber
651
in accordance with division rule; or
652
(ii) meets the qualifications for expedited licensure as established by rules made by
653
the commission, with the concurrence of the director, in accordance with Title
654
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate
655
the applicant has the knowledge and skills to be a licensed master residential
656
plumber.
657
(c) A journeyman plumber applicant shall produce satisfactory evidence of:
658
(i) successful completion of the equivalent of at least four years of full-time training
659
and instruction as a licensed apprentice plumber under supervision of a licensed
660
master plumber or journeyman plumber and in accordance with a planned
661
program of training approved by the division;
662
(ii) at least eight years of full-time experience approved by the division in
663
collaboration with the Electricians and Plumbers Licensing Board; or
664
(iii) meeting the qualifications for expedited licensure as established by rules made
665
by the commission, with the concurrence of the director, in accordance with Title
666
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate
667
the applicant has the knowledge and skills to be a licensed journeyman plumber.
668
(d) A residential journeyman plumber shall produce satisfactory evidence of:
669
(i) completion of the equivalent of at least three years of full-time training and
670
instruction as a licensed apprentice plumber under the supervision of a licensed
671
residential master plumber, licensed residential journeyman plumber, or licensed
672
journeyman plumber in accordance with a planned program of training approved
673
by the division;
- 20 - Enrolled Copy H.B. 442
674
(ii) completion of at least six years of full-time experience in a maintenance or repair
675
trade involving substantial plumbing work; or
676
(iii) meeting the qualifications for expedited licensure as established by rules made
677
by the commission, with the concurrence of the director, in accordance with Title
678
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate
679
the applicant has the knowledge and skills to be a licensed residential journeyman
680
plumber.
681
(e) The conduct of licensed apprentice plumbers and their licensed supervisors shall be
682
in accordance with the following:
683
(i) while engaging in the trade of plumbing, a licensed apprentice plumber shall be
684
under the immediate supervision of a licensed master plumber, licensed residential
685
master plumber, licensed journeyman plumber, or licensed residential journeyman
686
plumber;
687
(ii) beginning in a licensed apprentice plumber's fourth year of training, a licensed
688
apprentice plumber may work without supervision for a period not to exceed eight
689
hours in any 24-hour period; and
690
(iii) rules made by the commission, with the concurrence of the director, in
691
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
692
regarding the ratio of apprentices allowed under the immediate supervision of a
693
licensed supervisor, including the ratio of apprentices in their fourth year of
694
training or later that are allowed to be under the immediate supervision of a
695
licensed supervisor.
696
(f) A master electrician applicant shall produce satisfactory evidence that the applicant:
697
(i) is a graduate electrical engineer of an accredited college or university approved by
698
the division and has one year of practical electrical experience as a licensed
699
apprentice electrician;
700
(ii) is a graduate of an electrical trade school, having received an associate of applied
701
sciences degree following successful completion of a course of study approved by
702
the division, and has two years of practical experience as a licensed journeyman
703
electrician;
704
(iii) has four years of practical experience as a journeyman electrician; or
705
(iv) meets the qualifications for expedited licensure as established by rules made by
706
the commission, with the concurrence of the director, in accordance with Title
707
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate
- 21 - H.B. 442 Enrolled Copy
708
the applicant has the knowledge and skills to be a licensed master electrician.
709
(g) A master residential electrician applicant shall produce satisfactory evidence that the
710
applicant:
711
(i) has at least two years of practical experience as a residential journeyman
712
electrician; or
713
(ii) meets the qualifications for expedited licensure as established by rules made by
714
the commission, with the concurrence of the director, in accordance with Title
715
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate
716
the applicant has the knowledge and skills to be a master residential electrician.
717
(h) A journeyman electrician applicant shall produce satisfactory evidence that the
718
applicant:
719
(i) has successfully completed at least four years of full-time training and instruction
720
as a licensed apprentice electrician under the supervision of a master electrician or
721
journeyman electrician and in accordance with a planned training program
722
approved by the division;
723
(ii) has at least eight years of full-time experience approved by the division in
724
collaboration with the Electricians and Plumbers Licensing Board; or
725
(iii) meets the qualifications for expedited licensure as established by rules made by
726
the commission, with the concurrence of the director, in accordance with Title
727
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate
728
the applicant has the knowledge and skills to be a licensed journeyman electrician.
729
(i) A residential journeyman electrician applicant shall produce satisfactory evidence
730
that the applicant:
731
(i) has successfully completed two years of training in an electrical training program
732
approved by the division;
733
(ii) has four years of practical experience in wiring, installing, and repairing electrical
734
apparatus and equipment for light, heat, and power under the supervision of a
735
licensed master, journeyman, residential master, or residential journeyman
736
electrician; or
737
(iii) meets the qualifications for expedited licensure as established by rules made by
738
the commission, with the concurrence of the director, in accordance with Title
739
63G, Chapter 3, Utah Administrative Rulemaking Act, that clearly demonstrate
740
the applicant has the knowledge and skills to be a licensed residential journeyman
741
electrician.
- 22 - Enrolled Copy H.B. 442
742
(j) The conduct of licensed apprentice electricians and their licensed supervisors shall be
743
in accordance with the following:
744
(i) a licensed apprentice electrician shall be under the immediate supervision of a
745
licensed master, journeyman, residential master, or residential journeyman
746
electrician;
747
(ii) beginning in a licensed apprentice electrician's fourth year of training, a licensed
748
apprentice electrician may work without supervision for a period not to exceed
749
eight hours in any 24-hour period;
750
(iii) rules made by the commission, with the concurrence of the director, in
751
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
752
regarding the ratio of apprentices allowed under the immediate supervision of a
753
licensed supervisor, including the ratio of apprentices in their fourth year of
754
training or later that are allowed to be under the immediate supervision of a
755
licensed supervisor; and
756
(iv) a licensed supervisor may have up to three licensed apprentice electricians on a
757
residential project, or more if established by rules made by the commission, in
758
concurrence with the director, in accordance with Title 63G, Chapter 3, Utah
759
Administrative Rulemaking Act.
760
(k) An alarm company applicant shall:
761
(i) have a qualifying agent who:
762
(A) is an alarm company officer, alarm company owner, alarm company
763
proprietor, an alarm company trustee, or other responsible management
764
personnel;
765
(B) demonstrates 6,000 hours of experience in the alarm company business;
766
(C) demonstrates 2,000 hours of experience as a manager or administrator in the
767
alarm company business or in a construction business; and
768
(D) passes an examination [component ]established by rule by the commission
769
with the concurrence of the director;
770
(ii) provide the name, address, date of birth, social security number, fingerprint card,
771
and consent to a background check in accordance with Section 58-55-302.1 and
772
requirements established by division rule made in accordance with Title 63G,
773
Chapter 3, Utah Administrative Rulemaking Act, for each alarm company officer,
774
alarm company owner, alarm company proprietor, alarm company trustee, and
775
responsible management personnel with direct responsibility for managing
- 23 - H.B. 442 Enrolled Copy
776
operations of the applicant within the state;
777
(iii) document that none of the persons described in Subsection (3)(k)(ii):
778
(A) have been declared by any court of competent jurisdiction incompetent by
779
reason of mental defect or disease and not been restored; or
780
(B) are currently suffering from habitual drunkenness or from drug addiction or
781
dependence;
782
(iv) file and maintain with the division evidence of:
783
(A) comprehensive general liability insurance in form and in amounts to be
784
established by rule by the commission with the concurrence of the director;
785
(B) workers' compensation insurance that covers employees of the applicant in
786
accordance with applicable Utah law; and
787
(C) registration as is required by applicable law with the:
788
(I) Division of Corporations and Commercial Code;
789
(II) Unemployment Insurance Division in the Department of Workforce
790
Services, for purposes of Title 35A, Chapter 4, Employment Security Act;
791
(III) State Tax Commission; and
792
(IV) Internal Revenue Service; and
793
(v) meet with the division and board.
794
(l) Each applicant for licensure as an alarm company agent shall:
795
(i) submit an application in a form prescribed by the division accompanied by
796
fingerprint cards;
797
(ii) pay a fee determined by the department under Section 63J-1-504;
798
(iii) submit to and pass a criminal background check in accordance with Section
799
58-55-302.1 and requirements established by division rule made in accordance
800
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
801
(iv) not have been declared by any court of competent jurisdiction incompetent by
802
reason of mental defect or disease and not been restored;
803
(v) not be currently suffering from habitual drunkenness or from drug addiction or
804
dependence; and
805
(vi) meet with the division and board if requested by the division or the board.
806
(m)(i) Each applicant for licensure as an elevator mechanic shall:
807
(A) provide documentation of experience and education credits of not less than
808
three years work experience in the elevator industry, in construction,
809
maintenance, or service and repair; and
- 24 - Enrolled Copy H.B. 442
810
(B) satisfactorily complete a written examination administered by the division
811
established by rule under Section 58-1-203; or
812
(C) provide certificates of completion of an apprenticeship program for elevator
813
mechanics, having standards substantially equal to those of this chapter and
814
registered with the United States Department of Labor Bureau Apprenticeship
815
and Training or a state apprenticeship council.
816
(ii)(A) If an elevator contractor licensed under this chapter cannot find a licensed
817
elevator mechanic to perform the work of erecting, constructing, installing,
818
altering, servicing, repairing, or maintaining an elevator, the contractor may:
819
(I) notify the division of the unavailability of licensed personnel; and
820
(II) request the division issue a temporary elevator mechanic license to an
821
individual certified by the contractor as having an acceptable combination
822
of documented experience and education to perform the work described in
823
this Subsection (3)(m)(ii)(A).
824
(B)(I) The division may issue a temporary elevator mechanic license to an
825
individual certified under Subsection (3)(m)(ii)(A)(II) upon application by
826
the individual, accompanied by the appropriate fee as determined by the
827
department under Section 63J-1-504.
828
(II) The division shall specify the time period for which the license is valid and
829
may renew the license for an additional time period upon its determination
830
that a shortage of licensed elevator mechanics continues to exist.
831
(n) An applicant for licensure as an HVAC contractor shall produce satisfactory
832
evidence to the division that the applicant:
833
(i) completed two years full-time paid employment of HVAC specific experience; and
834
(ii) passed an examination the commission, with the concurrence of the director,
835
established by rule in accordance with Title 63G, Chapter 3, Utah Administrative
836
Rulemaking Act.
837
(o) An applicant for a general engineering contractor's license described in Subsection
838
(1) may satisfy Subsection (1)(e)(ii)(A):
839
(i) by producing satisfactory evidence of four years relevant full-time paid
840
employment experience; or
841
(ii) if the applicant is a licensed journeyman lineman in another jurisdiction, by
842
meeting the requirements the division makes by rule in accordance with Title
843
63G, Chapter 3, Utah Administrative Rulemaking Act.
- 25 - H.B. 442 Enrolled Copy
844
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
845
division may make rules establishing when Federal Bureau of Investigation records shall
846
be checked for applicants as an alarm company or alarm company agent under this
847
section and Section 58-55-302.1.
848
(5)(a) An application for licensure under this chapter shall be denied if:
849
(i) the applicant has had a previous license, which was issued under this chapter,
850
suspended or revoked within two years before the date of the applicant's
851
application;
852
(ii)(A) the applicant is a partnership, corporation, or limited liability company; and
853
(B) any corporate officer, director, shareholder holding 25% or more of the stock
854
in the applicant, partner, member, agent acting as a qualifier, or any person
855
occupying a similar status, performing similar functions, or directly or
856
indirectly controlling the applicant has served in any similar capacity with any
857
person or entity which has had a previous license, which was issued under this
858
chapter, suspended or revoked within two years before the date of the
859
applicant's application;
860
(iii)(A) the applicant is an individual or sole proprietorship; and
861
(B) any owner or agent acting as a qualifier has served in any capacity listed in
862
Subsection (5)(a)(ii)(B) in any entity which has had a previous license, which
863
was issued under this chapter, suspended or revoked within two years before
864
the date of the applicant's application; or
865
(iv)(A) the applicant includes an individual who was an owner, director, or officer
866
of an unincorporated entity at the time the entity's license under this chapter
867
was revoked; and
868
(B) the application for licensure is filed within 60 months after the revocation of
869
the unincorporated entity's license.
870
(b) An application for licensure under this chapter shall be reviewed by the appropriate
871
licensing board prior to approval if:
872
(i) the applicant has had a previous license, which was issued under this chapter,
873
suspended or revoked more than two years before the date of the applicant's
874
application;
875
(ii)(A) the applicant is a partnership, corporation, or limited liability company; and
876
(B) any corporate officer, director, shareholder holding 25% or more of the stock
877
in the applicant, partner, member, agent acting as a qualifier, or any person
- 26 - Enrolled Copy H.B. 442
878
occupying a similar status, performing similar functions, or directly or
879
indirectly controlling the applicant has served in any similar capacity with any
880
person or entity which has had a previous license, which was issued under this
881
chapter, suspended or revoked more than two years before the date of the
882
applicant's application; or
883
(iii)(A) the applicant is an individual or sole proprietorship; and
884
(B) any owner or agent acting as a qualifier has served in any capacity listed in
885
Subsection (5)(a)(ii)(B) in any entity which has had a previous license, which
886
was issued under this chapter, suspended or revoked more than two years
887
before the date of the applicant's application.
888
(6)(a)(i) A licensee that is an unincorporated entity shall file an ownership status
889
report with the division every 30 days after the day on which the license is issued
890
if the licensee has more than five owners who are individuals who:
891
(A) own an interest in the contractor that is an unincorporated entity;
892
(B) own, directly or indirectly, less than an 8% interest, as defined by rule made
893
by the division in accordance with Title 63G, Chapter 3, Utah Administrative
894
Rulemaking Act, in the unincorporated entity; and
895
(C) engage, or will engage, in a construction trade in the state as owners of the
896
contractor described in Subsection (6)(a)(i)(A).
897
(ii) If the licensee has five or fewer owners described in Subsection (6)(a)(i), the
898
licensee shall provide the ownership status report with an application for renewal
899
of licensure.
900
(b) An ownership status report required under this Subsection (6) shall:
901
(i) specify each addition or deletion of an owner:
902
(A) for the first ownership status report, after the day on which the unincorporated
903
entity is licensed under this chapter; and
904
(B) for a subsequent ownership status report, after the day on which the previous
905
ownership status report is filed;
906
(ii) be in a format prescribed by the division that includes for each owner, regardless
907
of the owner's percentage ownership in the unincorporated entity, the information
908
described in Subsection (1)(e)(vi);
909
(iii) list the name of:
910
(A) each officer or manager of the unincorporated entity; and
911
(B) each other individual involved in the operation, supervision, or management
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of the unincorporated entity; and
913
(iv) be accompanied by a fee set by the division in accordance with Section 63J-1-504
914
if the ownership status report indicates there is a change described in Subsection
915
(6)(b)(i).
916
(c) The division may, at any time, audit an ownership status report under this Subsection
917
(6):
918
(i) to determine if financial responsibility has been demonstrated or maintained as
919
required under Section 58-55-306; and
920
(ii) to determine compliance with Subsection 58-55-501(23), (24), or (26) or
921
Subsection 58-55-502(8) or (9).
922
(7)(a) An unincorporated entity that provides labor to an entity licensed under this
923
chapter by providing an individual who owns an interest in the unincorporated entity
924
to engage in a construction trade in Utah shall file with the division:
925
(i) before the individual who owns an interest in the unincorporated entity engages in
926
a construction trade in Utah, a current list of the one or more individuals who hold
927
an ownership interest in the unincorporated entity that includes for each individual:
928
(A) the individual's name, address, birth date, and social security number; and
929
(B) whether the individual will engage in a construction trade; and
930
(ii) every 30 days after the day on which the unincorporated entity provides the list
931
described in Subsection (7)(a)(i), an ownership status report containing the
932
information that would be required under Subsection (6) if the unincorporated
933
entity were a licensed contractor.
934
(b) When filing an ownership list described in Subsection (7)(a)(i) or an ownership
935
status report described in Subsection [(7)(a)(i) ] (7)(a)(ii) an unincorporated entity
936
shall pay a fee set by the division in accordance with Section 63J-1-504.
937
(8) This chapter may not be interpreted to create or support an express or implied
938
independent contractor relationship between an unincorporated entity described in
939
Subsection (6) or (7) and the owners of the unincorporated entity for any purpose,
940
including income tax withholding.
941
(9)(a) A social security number provided under Subsection (1)(e)(vi) or (3)(k)(ii) is a
942
private record under Subsection 63G-2-302(1)(i).
943
(b) The division may designate an applicant's evidence of identity under Subsection
944
(1)(e)(vi) as a private record in accordance with Section 63G-2-302.
945
Section 4. Effective Date.
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946
This bill takes effect on May 7, 2025.
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