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S.B. 132
This document includes Senate Committee Amendments incorporated into the bill on
Mon, Feb 2, 2004 at 5:15 PM by smaeser. -->
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UTAH CONSTRUCTION TRADES LICENSING
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ACT - ELECTRICAL LICENSING
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AMENDMENTS
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2004 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Scott K. Jenkins
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LONG TITLE
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General Description:
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This bill modifies provisions of the Utah Construction Trades Licensing Act related to
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the qualifications for licensure as a master electrician and journeyman electrician.
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Highlighted Provisions:
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This bill:
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. removes the eight years of practical experience option to qualify for licensure as a
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master electrician;
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. increases the six years of practical experience option to eight years to qualify for
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licensure as a journeyman electrician; and
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. provides a grandfather clause.
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Monies 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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58-55-302, as last amended by Chapter 241, Laws of Utah 2002
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
58-55-302
is amended to read:
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58-55-302. Qualifications for licensure.
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(1) Each applicant for a license under this chapter shall:
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(a) submit an application prescribed by the division;
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(b) pay a fee as determined by the department under Section
63-38-3.2
;
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(c) (i) meet the examination requirements established by rule by the commission with
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the concurrence of the director, except for the classifications of apprentice plumber, residential
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apprentice plumber, and apprentice electrician for whom no examination is required; or
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(ii) if required in Section
58-55-304
, the individual qualifier must pass the required
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examination if the applicant is a business entity;
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(d) if an apprentice, identify the proposed supervisor of the apprenticeship;
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(e) if an applicant for a contractor's license:
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(i) produce satisfactory evidence of financial responsibility, except for a construction
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trades instructor for whom evidence of financial responsibility is not required;
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(ii) produce satisfactory evidence of knowledge and experience in the construction
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industry and knowledge of the principles of the conduct of business as a contractor, reasonably
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necessary for the protection of the public health, safety, and welfare; and
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(iii) be a licensed master electrician if an applicant for an electrical contractor's license
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or a licensed master residential electrician if an applicant for a residential electrical contractor's
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license; or
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(iv) be a journeyman plumber or residential journeyman plumber if an applicant for a
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plumbing contractor's license; and
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(f) if an applicant for a construction trades instructor license, satisfy any additional
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requirements established by rule.
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(2) After approval of an applicant for a contractor's license by the applicable board and
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the division, the applicant shall file the following with the division before the division issues
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the license:
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(a) proof of workers' compensation insurance which covers employees of the applicant
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in accordance with applicable Utah law;
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(b) proof of public liability insurance in coverage amounts and form established by rule
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except for a construction trades instructor for whom public liability insurance is not required;
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and
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(c) proof of registration as required by applicable law with the:
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(i) Utah Department of Commerce;
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(ii) Division of Corporations and Commercial Code;
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(iii) Division of Workforce Information and Payment Services in the Department of
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Workforce Services, for purposes of Title 35A, Chapter 4, Employment Security Act;
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(iv) State Tax Commission; and
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(v) Internal Revenue Service.
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(3) In addition to the general requirements for each applicant in Subsection (1),
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applicants shall comply with the following requirements to be licensed in the following
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classifications:
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(a) A journeyman plumber applicant shall produce satisfactory evidence of:
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(i) successful completion of the equivalent of at least four years of full-time training
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and instruction as a licensed apprentice plumber under supervision of a licensed journeyman
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plumber and in accordance with a planned program of training approved by the division;
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(ii) at least eight years of full-time experience approved by the division in collaboration
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with the Plumbers Licensing Board; or
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(iii) satisfactory evidence of meeting the qualifications determined by the board to be
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equivalent to Subsection (3)(a)(i) or (a)(ii).
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(b) A residential journeyman plumber shall produce satisfactory evidence of:
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(i) completion of the equivalent of at least three years of full-time training and
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instruction as a licensed apprentice plumber under the supervision of a licensed residential
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journeyman plumber or licensed journeyman plumber in accordance with a planned program of
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training approved by the division;
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(ii) completion of at least six years of full-time experience in a maintenance or repair
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trade involving substantial plumbing work; or
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(iii) meeting the qualifications determined by the board to be equivalent to Subsection
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(3)(b)(i) or (b)(ii).
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(c) (i) A master electrician applicant shall produce satisfactory evidence that the
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applicant:
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[(i)] (A) is a graduate electrical engineer of an accredited college or university
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Senate Committee Amendments 2-2-2004 sm/jlw
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approved by the division and has one year of practical electrical experience as a licensed
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apprentice electrician;
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[(ii)] (B) is a graduate of an electrical trade school, having received an associate of
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applied sciences degree following successful completion of a course of study approved by the
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division, and has two years of practical experience as a licensed journeyman electrician;
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[(iii)] (C) [is a graduate of an electrical trade school, having received a certificate of
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completion following successful completion of a course of study approved by the division,
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and] has four years of practical experience as a journeyman electrician; or
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[(iv) has at least eight years of practical experience under the supervision of a licensed
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journeyman or master electrician; or]
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[(v)] (D) meets the qualifications determined by the board to be equivalent to [these
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qualifications] Subsection (3)(c)(i)(A), (B), or (C).
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(ii) (A) An individual holding a valid Utah license as a master electrician, based on at
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least eight years of practical experience S
AS A LICENSED APPRENTICE
s under the supervision of a
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licensed journeyman or
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master electrician, in effect immediately prior to May 3, 2004, is on and after May 3, 2004,
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considered to hold a current license under this chapter and satisfies the requirements of this
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Subsection (3)(c) for the purpose of renewal or reinstatement of that license under Section
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58-55-303
.
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(B) An individual who has less than four years of practical experience S
AS A LICENSED
108a
APPRENTICE
s under the
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supervision of a licensed journeyman or master electrician prior to May 3, 2004, shall complete
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the education requirements of Subsection (3)(c)(i)(A) S [
,
]
OR
s (B), S [
(C), or (D)
] s to qualify for
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licensing
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as a master S [
residential
] s electrician.
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(C) An individual who has more than four but less than six years of practical
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experience S
AS A LICENSED APPRENTICE
s under the supervision of a licensed journeyman or
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master electrician prior to May 3,
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2004, may satisfy the education requirements of Subsection (3)(c)(i)(A) S [
,
]
OR
s (B) S [
, (C), or
114a
(D)
] s by
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successfully passing a competency placement test approved by the board and administered at a
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Utah state institution of higher education.
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(D) An individual who has more than six but less than eight years of practical
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experience S
AS A LICENSED APPRENTICE
s under the supervision of a licensed journeyman
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or master electrician prior to May 3,
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2004, satisfies the education requirements of this Subsection (3)(c) by completing the
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eight-year term of practical experience within a reasonable time frame subsequent to May 3,
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2004, as established by board rule in accordance with Title 63, Chapter 46a, Utah
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Administrative Rulemaking Act.
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(d) A master residential electrician applicant shall produce satisfactory evidence that
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the applicant:
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(i) has at least two years of practical experience as a residential journeyman electrician;
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or
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(ii) meets the qualifications determined by the board to be equivalent to this practical
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experience.
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(e) (i) A journeyman electrician applicant shall produce satisfactory evidence that the
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applicant:
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[(i)] (A) has successfully completed at least four years of full-time training and
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instruction as a licensed apprentice electrician under the supervision of a master electrician or
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journeyman electrician and in accordance with a planned training program approved by the
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division;
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[(ii) has six years of practical experience in wiring, installing, and repairing electrical
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apparatus and equipment for light, heat, and power under the supervision of a licensed master
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or journeyman electrician; or]
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(B) has at least eight years of full-time experience approved by the division in
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collaboration with the Electricians Licensing Board; or
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[(iii)] (C) meets the qualifications determined by the board to be equivalent to [these
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qualifications] Subsection (3)(e)(i)(A) or (B).
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(ii) An individual holding a valid Utah license as a journeyman electrician, based on at
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least six years of full-time experience approved by the division in collaboration with the
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Electricians Licensing Board in effect immediately prior to May 3, 2004, is on and after May 3,
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2004, considered to hold a current license under this chapter and satisfies the requirements of
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Subsection (3)(e)(i)(B) for the purpose of renewal or reinstatement of that license under
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Section
58-55-303
.
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(iii) An individual who has more than six but less than eight years of full-time
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experience approved by the division in collaboration with the Electricians Licensing Board
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prior to May 3, 2004, satisfies the requirements of Subsection (3)(e)(i) by completing the
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eight-year term of practical experience within a reasonable time frame subsequent to May 3,
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2004, as established by board rule in accordance with Title 63, Chapter 46a, Utah
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Administrative Rulemaking Act.
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(f) A residential journeyman electrician applicant shall produce satisfactory evidence
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that the applicant:
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(i) has successfully completed two years of training in an electrical training program
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approved by the division;
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(ii) has four years of practical experience in wiring, installing, and repairing electrical
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apparatus and equipment for light, heat, and power under the supervision of a licensed master,
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journeyman, residential master, or residential journeyman electrician; or
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(iii) meets the qualifications determined by the division and applicable board to be
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equivalent to Subsection (3)(f)(i) or [(f)](ii).
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(g) The conduct of licensed apprentice electricians and their licensed supervisors shall
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be in accordance with the following:
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(i) A licensed apprentice electrician shall be under the immediate supervision of a
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licensed master, journeyman, residential master, or residential journeyman electrician. An
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apprentice in the fourth year of training may work without supervision for a period not to
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exceed eight hours in any 24-hour period.
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(ii) A licensed master, journeyman, residential master, or residential journeyman
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electrician may have under immediate supervision on a residential project up to three licensed
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apprentice electricians.
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(iii) A licensed master or journeyman electrician may have under immediate
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supervision on nonresidential projects only one licensed apprentice electrician.
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(h) An alarm company applicant shall:
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(i) have a qualifying agent who is an officer, director, partner, proprietor, or manager of
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the applicant who:
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(A) demonstrates 6,000 hours of experience in the alarm company business;
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(B) demonstrates 2,000 hours of experience as a manager or administrator in the alarm
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company business or in a construction business; and
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(C) passes an examination component established by rule by the commission with the
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concurrence of the director;
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(ii) if a corporation, provide:
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(A) the names, addresses, dates of birth, Social Security numbers, and fingerprint cards
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of all corporate officers, directors, and those responsible management personnel employed
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within the state or having direct responsibility for managing operations of the applicant within
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the state; and
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(B) the names, addresses, dates of birth, Social Security numbers, and fingerprint cards
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of all shareholders owning 5% or more of the outstanding shares of the corporation, except this
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shall not be required if the stock is publicly listed and traded;
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(iii) if a limited liability company, provide:
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(A) the names, addresses, dates of birth, Social Security numbers, and fingerprint cards
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of all company officers, and those responsible management personnel employed within the
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state or having direct responsibility for managing operations of the applicant within the state;
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and
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(B) the names, addresses, dates of birth, Social Security numbers, and fingerprint cards
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of all individuals owning 5% or more of the equity of the company;
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(iv) if a partnership, the names, addresses, dates of birth, Social Security numbers, and
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fingerprint cards of all general partners, and those responsible management personnel
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employed within the state or having direct responsibility for managing operations of the
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applicant within the state;
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(v) if a proprietorship, the names, addresses, dates of birth, Social Security numbers,
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and fingerprint cards of the proprietor, and those responsible management personnel employed
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within the state or having direct responsibility for managing operations of the applicant within
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the state;
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(vi) be of good moral character in that officers, directors, shareholders described in
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Subsection (3)(h)(ii)(B), partners, proprietors, and responsible management personnel have not
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been convicted of a felony, a misdemeanor involving moral turpitude, or any other crime that
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when considered with the duties and responsibilities of an alarm company is considered by the
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board to indicate that the best interests of the public are served by granting the applicant a
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license;
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(vii) document that none of the applicant's officers, directors, shareholders described in
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Subsection (3)(h)(ii)(B), partners, proprietors, and responsible management personnel have
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been declared by any court of competent jurisdiction incompetent by reason of mental defect or
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disease and not been restored;
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(viii) document that none of the applicant's officers, directors, shareholders described
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in Subsection (3)(h)(ii)(B), partners, proprietors, and responsible management personnel are
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currently suffering from habitual drunkenness or from drug addiction or dependence;
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(ix) file and maintain with the division evidence of:
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(A) comprehensive general liability insurance in form and in amounts to be established
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by rule by the commission with the concurrence of the director;
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(B) workers' compensation insurance that covers employees of the applicant in
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accordance with applicable Utah law; and
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(C) registration as is required by applicable law with the:
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(I) Division of Corporations and Commercial Code;
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(II) Division of Workforce Information and Payment Services in the Department of
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Workforce Services, for purposes of Title 35A, Chapter 4, Employment Security Act;
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(III) State Tax Commission; and
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(IV) Internal Revenue Service; and
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(x) meet with the division and board.
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(i) Each applicant for licensure as an alarm company agent shall:
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(i) submit an application in a form prescribed by the division accompanied by
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fingerprint cards;
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(ii) pay a fee determined by the department under Section
63-38-3.2
;
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(iii) be of good moral character in that the applicant has not been convicted of a felony,
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a misdemeanor involving moral turpitude, or any other crime that when considered with the
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duties and responsibilities of an alarm company agent is considered by the board to indicate
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that the best interests of the public are served by granting the applicant a license;
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(iv) not have been declared by any court of competent jurisdiction incompetent by
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reason of mental defect or disease and not been restored;
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(v) not be currently suffering from habitual drunkenness or from drug addiction or
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dependence; and
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(vi) meet with the division and board if requested by the division or the board.
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(4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
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division may make rules establishing when Federal Bureau of Investigation records shall be
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checked for applicants as an alarm company or alarm company agent.
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(5) To determine if an applicant meets the qualifications of Subsections (3)(h)(vi) and
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(3)(i)(iii), the division shall provide an appropriate number of copies of fingerprint cards to the
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Department of Public Safety with the division's request to:
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(a) conduct a search of records of the Department of Public Safety for criminal history
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information relating to each applicant for licensure as an alarm company or alarm company
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agent and each applicant's officers, directors, shareholders described in Subsection
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(3)(h)(ii)(B), partners, proprietors, and responsible management personnel; and
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(b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
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requiring a check of records of the F.B.I. for criminal history information under this section.
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(6) The Department of Public Safety shall send to the division:
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(a) a written record of criminal history, or certification of no criminal history record, as
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contained in the records of the Department of Public Safety in a timely manner after receipt of
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a fingerprint card from the division and a request for review of Department of Public Safety
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records; and
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(b) the results of the F.B.I. review concerning an applicant in a timely manner after
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receipt of information from the F.B.I.
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(7) (a) The division shall charge each applicant for licensure as an alarm company or
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alarm company agent a fee, in accordance with Section
63-38-3.2
, equal to the cost of
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performing the records reviews under this section.
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(b) The division shall pay the Department of Public Safety the costs of all records
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reviews, and the Department of Public Safety shall pay the F.B.I. the costs of records reviews
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under this section.
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(8) Information obtained by the division from the reviews of criminal history records of
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the Department of Public Safety and the F.B.I. shall be used or disseminated by the division
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only for the purpose of determining if an applicant for licensure as an alarm company or alarm
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company agent is qualified for licensure.
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(9) (a) An application for licensure under this chapter shall be denied if:
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(i) the applicant has had a previous license, which was issued under this chapter,
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suspended or revoked within one year prior to the date of the applicant's application;
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(ii) (A) the applicant is a partnership, corporation, or limited liability company; and
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(B) any corporate officer, director, shareholder holding 25% or more of the stock in the
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applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
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status, performing similar functions, or directly or indirectly controlling the applicant has
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served in any similar capacity with any person or entity which has had a previous license,
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which was issued under this chapter, suspended or revoked within one year prior to the date of
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the applicant's application; or
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(iii) (A) the applicant is an individual or sole proprietorship; and
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(B) any owner or agent acting as a qualifier has served in any capacity listed in
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Subsection (9)(a)(ii)(B) in any entity which has had a previous license, which was issued under
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this chapter, suspended or revoked within one year prior to the date of the applicant's
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application.
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(b) An application for licensure under this chapter shall be reviewed by the appropriate
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licensing board prior to approval if:
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(i) the applicant has had a previous license, which was issued under this chapter,
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suspended or revoked more than one year prior to the date of the applicant's application;
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(ii) (A) the applicant is a partnership, corporation, or limited liability company; and
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(B) any corporate officer, director, shareholder holding 25% or more of the stock in the
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applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
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status, performing similar functions, or directly or indirectly controlling the applicant has
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served in any similar capacity with any person or entity which has had a previous license,
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which was issued under this chapter, suspended or revoked more than one year prior to the date
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of the applicant's application; or
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(iii) (A) the applicant is an individual or sole proprietorship; and
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(B) any owner or agent acting as a qualifier has served in any capacity listed in
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Subsection (9)(b)(ii)(B) in any entity which has had a previous license, which was issued under
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this chapter, suspended or revoked more than one year prior to the date of the applicant's
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application.
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Legislative Review Note
as of 1-7-04 10:40 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.