Utah 2026 General Session Status: Enacted 1 R cosponsors

HB 396 — Public Project Subcontractor Amendments

Last action — Governor Signed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 27, 2026. Enacted.

Signed by Governor Spencer Cox (Republican) on March 19, 2026.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 54% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

537 added · 526 removed

Plain-language change summary

The updated version of Bill HB 396 includes new provisions that authorize the Division of Professional Licensing to make audit recommendations to the State Tax Commission and establishes subcontractor requirements. Additionally, it now contains a coordination clause to better align this bill with amendments made in another related bill, H.B. 40. These changes are important because they help streamline licensing processes and ensure that regulations are consistent across related legislation, which can improve compliance and oversight.

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HB0396S02 compared with HB0396 {Omitted text} shows text that was in HB0396 but was omitted in HB0396S02 inserted text shows text that was not in HB0396 but was inserted into HB0396S02 DISCLAIMER:
Enrolled Copy H.B.
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396 Public Project Subcontractor Amendments GENERAL SESSION STATE OF UTAH Chief Sponsor:
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{Public } Special Project Subcontractor Amendments GENERAL SESSION STATE OF UTAH Chief Sponsor:
Burton Senate Sponsor:Brady Brammer 3 LONG TITLE General Description:
Burton Senate Sponsor:
Brady Brammer 3 LONG TITLE General Description:
▸ creates new compliance and disclosure obligations for a subcontractor working on a {Hublic } special construction project, including employee reporting and zero estimated exposure policy B disclosures;
▸ creates new compliance and disclosure obligations for a subcontractor working on a public construction project, including employee reporting and zero estimated exposure policy disclosures;
3 ▸ 9 HB0396 compared with HB0396S02 requires a subcontractor on a {public } special project to provide employee information to the division;
▸ requires a subcontractor on a public project to provide employee information to the division;
{and} ▸ provides a coordination clause to substantively and technically coordinate changes between this bill and H.B.
▸ provides a coordination clause to substantively and technically coordinate changes H.B.
396 Enrolled Copy between this bill and H.B.
35A-4-305 , as last amended by Laws of Utah 2024, Chapter 110 58-55-502 , as last amended by Laws of Utah 2022, Chapter 415 ENACTS:
35A-4-305, as last amended by Laws of Utah 2024, Chapter 110 58-55-502, as last amended by Laws of Utah 2022, Chapter 415 ENACTS:
31A-22-1017 , Utah Code Annotated 1953 58-55-313 , Utah Code Annotated 1953 Utah Code Sections affected by Coordination Clause:
31A-22-1017, Utah Code Annotated 1953 58-55-313, Utah Code Annotated 1953 Utah Code Sections affected by Coordination Clause:
58-55-202 , as enacted by H.B.
58-55-202, as enacted by H.B.
40 (2026) 58-55-213 , Utah Code Annotated 1953 58-55-313 , Utah Code Annotated 1953 58-55-603 , as last amended by Laws of Utah 2025, Chapter 302 Be it enacted by the Legislature of the state of Utah:
40 (2026) 58-55-213, Utah Code Annotated 1953 58-55-313, Utah Code Annotated 1953 58-55-603, as last amended by Laws of Utah 2025, Chapter 302 Be it enacted by the Legislature of the state of Utah:
Section 1 is enacted to read:
Section 31A-22-1017 is enacted to read:
31A-22-1017.
31A-22-1017 .
- 2 - HB0396 compared with HB0396S02 (1) As used in this section, "zero estimated exposure policy" means a policy of insurance that an employer obtains to cover the employer's liability to pay compensation under Title 34A, Chapter 2, Workers' Compensation Act, or Title 34A, Chapter 3, Utah Occupational Disease Act, after reporting the employer's total estimated exposure is zero.
(1) As used in this section, "zero estimated exposure policy" means a policy of insurance that an employer obtains to cover the employer's liability to pay compensation under Title 34A, Chapter 2, Workers' Compensation Act, or Title 34A, Chapter 3, Utah Occupational Disease Act, after reporting the employer's total estimated exposure is zero.
(2) An insurer shall require each applicant for a zero estimated exposure policy to sign an attestation in capital letters with substantially the following form and content "I ATTEST THAT ALL INFORMATION PROVIDED IN THIS APPLICATION IS CURRENT, TRUE, ACCURATE, AND COMPLETE TO THE BEST OF MY KNOWLEDGE AND BELIEF.
(2) An insurer shall require each applicant for a zero estimated exposure policy to sign an attestation in capital letters with substantially the following form and content:
"I ATTEST THAT ALL INFORMATION PROVIDED IN THIS APPLICATION IS CURRENT, TRUE, ACCURATE, AND COMPLETE TO THE BEST OF MY KNOWLEDGE AND BELIEF.
IF I EMPLOY ANY EMPLOYEES DURING THE POLICY PERIOD, I SHALL PROVIDE WRITTEN NOTICE TO MY WORKERS' COMPENSATION INSURER WITHIN 60 DAYS AFTER THE EMPLOYMENT BEGINS, AND INCLUDE THE ESTIMATED PAYROLL AND CLASSIFICATION CODES FOR THOSE EMPLOYEES.
IF I EMPLOY ANY EMPLOYEES DURING THE POLICY PERIOD, I SHALL PROVIDE WRITTEN - 2 - Enrolled Copy H.B.
396 NOTICE TO MY WORKERS' COMPENSATION INSURER WITHIN 60 DAYS AFTER THE EMPLOYMENT BEGINS, AND INCLUDE THE ESTIMATED PAYROLL AND CLASSIFICATION CODES FOR THOSE EMPLOYEES.
35A-4-305.
35A-4-305 .
(1) (a) Contributions unpaid on the date on which [they] the contributions are due and payable, as [prescribed by the division] the division determines, shall bear interest at [the rate of 1% per month] a rate the division determines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, from and after that date until the division receives payment plus accrued interest[ is received by the division].
(1)(a) Contributions unpaid on the date on which [they] the contributions are due and payable, as [prescribed by the division] the division determines, shall bear interest at [ the rate of 1% per month] a rate the division determines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, from and after that date until the division receives payment plus accrued interest[ is received by the division].
(b) (i) Contribution reports not made and filed by the date on which [they] the contribution reports are due as [prescribed by the division] the division determines are subject to a penalty the division determines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to be assessed and collected in the same manner as contributions due under this section[ equal to 5% of the contribution due if the failure to file on time was not more than days, with an additional 5% for each additional 15 days or fraction thereof during which the - 3 - HB0396 compared with HB0396S02 failure continued, but not to exceed 25% in the aggregate and not less than $25 with respect to each reporting period].
(b)(i) Contribution reports not made and filed by the date on which [they] the contribution reports are due as [prescribed by the division] the division determines are subject to a penalty the division determines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to be assessed and collected in the same manner as contributions due under this section[ equal to 5% of the contribution due if the failure to file on time was not more than 15 days, with an additional 5% for each additional 15 days or fraction thereof during which the failure continued, but not to exceed 25% in the aggregate and not less than $25 with respect to each reporting period].
(ii) If a report is filed after the required time and [it is shown to the satisfaction of the division or its] the division or the division's authorized representative determines that the failure to file was due to a reasonable cause and not to willful neglect, no [addition shall be made to the contribution] penalty may be assessed.
(ii) If a report is filed after the required time and [it is shown to the satisfaction of the division or its] the division or the division's authorized representative determines that the failure to file was due to a reasonable cause and not to willful neglect, no [ addition shall be made to the contribution] penalty may be assessed.
(c) (i) If contributions are unpaid after 10 days from the date [of the mailing or personal delivery by the division or its authorized representative, of] the division or the division's authorized representative mails or personally delivers a written demand for payment, there shall attach to the contribution, to be assessed and collected in the same manner as contributions due under this section, a penalty [equal to 5% of the contribution due] the division determines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c)(i) If contributions are unpaid after 10 days from the date [of the mailing or personal delivery by the division or its authorized representative, of] the division or the division's authorized representative mails or personally delivers a written demand for payment, there shall attach to the contribution, to be assessed and collected in the same manner as contributions due under this section, a penalty [ equal to 5% of the contribution due] the division determines by rule the division - 3 - H.B.
396 Enrolled Copy makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
- 4 - HB0396 compared with HB0396S02 (g) [Action required for the collection of sums] The division may bring an action to collect a sum due under this chapter [is ]subject to [the applicable limitations of actions under ]Title 78B, Chapter 2, Statutes of Limitations.
(g) [Action required for the collection of sums] The division may bring an action to collect a sum due under this chapter [is ]subject to [the applicable limitations of actions under ]Title 78B, Chapter 2, Statutes of Limitations.
(2) (a) If an employer fails to file a report when [prescribed by the division] the division prescribes for the purpose of determining the amount of the employer's contribution due under this chapter, or if the report when filed is incorrect or insufficient or is not satisfactory to the division, the division may determine the amount of wages paid for employment during the period or periods with respect to which the reports were or should have been made and the amount of contribution due from the employer on the basis of any information [it] the division may [be able to ]obtain.
(2)(a) If an employer fails to file a report when [prescribed by the division] the division prescribes for the purpose of determining the amount of the employer's contribution due under this chapter, or if the report when filed is incorrect or insufficient or is not satisfactory to the division, the division may determine the amount of wages paid for employment during the period or periods with respect to which the reports were or should have been made and the amount of contribution due from the employer on the basis of any information [it] the division may [be able to ]obtain.
(c) The determination is considered correct unless:
- 4 - Enrolled Copy H.B.
396 (c) The determination is considered correct unless:
(3) (a) If, after due notice, an employer defaults in the payment of contributions, interest, or penalties on the contributions, or a claimant defaults in a repayment of benefit overpayments and penalties on the overpayments, the amount due shall be collectible by civil action in the name of the division, and the employer adjudged in default shall pay the costs of the action.
(3)(a) If, after due notice, an employer defaults in the payment of contributions, interest, or penalties on the contributions, or a claimant defaults in a repayment of benefit overpayments and penalties on the overpayments, the amount due shall be collectible by civil action in the name of the division, and the employer adjudged in default shall pay the costs of the action.
and - 5 - HB0396 compared with HB0396S02 (B) cases arising under the workers' compensation law of this state.
and (B) cases arising under the workers' compensation law of this state.
(c) (i) (A) To collect contributions, interest, or penalties, or benefit overpayments and penalties due from employers or claimants located outside Utah, the division may employ private collectors providing debt collection services outside Utah.
(c)(i)(A) To collect contributions, interest, or penalties, or benefit overpayments and penalties due from employers or claimants located outside Utah, the division may employ private collectors providing debt collection services outside Utah.
(ii) (A) A private collector may receive as compensation up to 25% of the lesser of the amount collected or the amount due, plus the costs and fees of any civil action or postjudgment remedy instituted by the private collector with the approval of the division.
(ii)(A) A private collector may receive as compensation up to 25% of the lesser of - 5 - H.B.
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396 Enrolled Copy the amount collected or the amount due, plus the costs and fees of any civil action or postjudgment remedy instituted by the private collector with the approval of the division.
(iv) (A) [A civil action may not be maintained by a] A private collector may not maintain a civil action without specific prior written approval [of] from the division.
(iv)(A) [A civil action may not be maintained by a] A private collector may not maintain a civil action without specific prior written approval [of] from the division.
(d) (i) Notwithstanding Section 35A-4-312, the division may disclose the contribution, interest, penalties or benefit overpayments and penalties, costs due, the name of the employer or claimant, and the employer's or claimant's address and telephone number when any collection matter is referred to a private collector under Subsection (3)(c).
(d)(i) Notwithstanding Section 35A-4-312, the division may disclose the contribution, interest, penalties or benefit overpayments and penalties, costs due, the name of the employer or claimant, and the employer's or claimant's address and telephone number when any collection matter is referred to a private collector under Subsection (3)(c).
- 6 - HB0396 compared with HB0396S02 (ii) A private collector is subject to the confidentiality requirements and penalty provisions provided in Sections 35A-4-312 and 76-8-1304, except to the extent disclosure is necessary in a civil action to enforce collection of the amounts due.
(ii) A private collector is subject to the confidentiality requirements and penalty provisions provided in Sections 35A-4-312 and 76-8-1304, except to the extent disclosure is necessary in a civil action to enforce collection of the amounts due.
(4) (a) In the event of a distribution of an employer's assets under an order of a court under the laws of Utah, including a receivership, assignment for benefits of creditors, adjudicated insolvency, composition, or similar proceedings, contributions then or thereafter due shall be paid in full prior to all other claims except taxes and claims for wages of not more than $400 to each claimant, earned within five months of the commencement of the proceeding.
(4)(a) In the event of a distribution of an employer's assets under an order of a court under the laws of Utah, including a receivership, assignment for benefits of creditors, adjudicated insolvency, composition, or similar proceedings, contributions then or thereafter due shall be paid in full prior to all other claims except taxes and claims for wages of not more than $400 to each claimant, earned within five months of the commencement of the proceeding.
(5) (a) In addition and as an alternative to any other remedy [provided by this chapter] this chapter provides, and provided that no appeal or other proceeding for review [provided by this chapter] this chapter provides is [then ]pending and the time for taking it has expired, the division may issue a warrant in duplicate, under [its] the division's official seal, directed to the sheriff of any county of the state, commanding the sheriff to levy upon and sell the real and personal property of a delinquent employer or claimant found within the sheriff's county for the payment of the contributions due, with the added penalties, interest, or benefit overpayment and penalties, and costs, and to return the warrant to the division and pay into the fund the money collected by virtue of the warrant by a time to be specified in the warrant, not more than 60 days from the date of the warrant.
- 6 - Enrolled Copy H.B.
(b) (i) Immediately upon receipt of the warrant in duplicate, the sheriff shall file the duplicate with the clerk of the district court in the sheriff's county.
396 (5)(a) In addition and as an alternative to any other remedy [provided by this chapter] this chapter provides, and provided that no appeal or other proceeding for review [ provided by this chapter] this chapter provides is [then ]pending and the time for taking it has expired, the division may issue a warrant in duplicate, under [its] the division's official seal, directed to the sheriff of any county of the state, commanding the sheriff to levy upon and sell the real and personal property of a delinquent employer or claimant found within the sheriff's county for the payment of the contributions due, with the added penalties, interest, or benefit overpayment and penalties, and costs, and to return the warrant to the division and pay into the fund the money collected by virtue of the warrant by a time to be specified in the warrant, not more than 60 days from the date of the warrant.
- 7 - HB0396 compared with HB0396S02 (ii) The clerk shall enter in the judgment docket, in the column for judgment debtors, the name of the delinquent employer or claimant mentioned in the warrant, and in appropriate columns the amount of the contribution, penalties, interest, or benefit overpayment and penalties, and costs, for which the warrant is issued and the date when the duplicate is filed.
(b)(i) Immediately upon receipt of the warrant in duplicate, the sheriff shall file the duplicate with the clerk of the district court in the sheriff's county.
(ii) The clerk shall enter in the judgment docket, in the column for judgment debtors, the name of the delinquent employer or claimant mentioned in the warrant, and in appropriate columns the amount of the contribution, penalties, interest, or benefit overpayment and penalties, and costs, for which the warrant is issued and the date when the duplicate is filed.
(6) (a) Contributions [imposed by this chapter] this chapter imposes are a lien upon the property of an employer liable for the contribution required to be collected under this section who shall sell out the employer's business or stock of goods or shall quit business, if the employer fails to make a final report and payment on the date [subsequent to] after the date of selling or quitting business on which [they] the contributions are due and payable as prescribed by rule.
(6)(a) Contributions [imposed by this chapter] this chapter imposes are a lien upon the property of an employer liable for the contribution required to be collected under this section who shall sell out the employer's business or stock of goods or shall quit business, if the employer fails to make a final report and payment on the date [ subsequent to] after the date of selling or quitting business on which [they] the - 7 - H.B.
(b) (i) An employer's successor, successors, or assigns, if any, are required to withhold sufficient of the purchase money to cover the amount of the [contributions and interest or penalties] contributions, interest, and penalties due and payable until the former owner produces a receipt from the division showing that [they] the contributions, interest, and penalties have been paid or a certificate stating that no amount is due.
396 Enrolled Copy contributions are due and payable as prescribed by rule.
(b)(i) An employer's successor, successors, or assigns, if any, are required to withhold sufficient of the purchase money to cover the amount of the [ contributions and interest or penalties] contributions, interest, and penalties due and payable until the former owner produces a receipt from the division showing that [they] the contributions, interest, and penalties have been paid or a certificate stating that no amount is due.
- 8 - HB0396 compared with HB0396S02 (7) (a) If an employer is delinquent in the payment of a contribution, the division may give notice of the amount of the delinquency by registered mail to all persons having in their possession or under their control, any credits or other personal property belonging to the employer, or owing any debts to the employer at the time of the receipt by them of the notice.
(7)(a) If an employer is delinquent in the payment of a contribution, the division may give notice of the amount of the delinquency by registered mail to all persons having in their possession or under their control, any credits or other personal property belonging to the employer, or owing any debts to the employer at the time of the receipt by them of the notice.
(8) (a) (i) Each employer shall furnish the division necessary information for the proper administration of this chapter and shall include wage information for each employee, for each calendar quarter.
(8)(a)(i) Each employer shall furnish the division necessary information for the proper administration of this chapter and shall include wage information for each employee, for each calendar quarter.
(b) (i) Each employer shall furnish each individual worker who is separated that information as the department may by rule require, and shall furnish within 48 hours of the receipt of a request from the division a report of the earnings of any individual during the individual's base-period.
(b)(i) Each employer shall furnish each individual worker who is separated that information as the department may by rule require, and shall furnish within 48 - 8 - Enrolled Copy H.B.
396 hours of the receipt of a request from the division a report of the earnings of any individual during the individual's base-period.
(c) (i) For each failure by an employer to conform to this Subsection (8) the division shall, unless good cause is shown, assess a [$50 penalty if the filing was not more than 15 days late] penalty that - 9 - HB0396 compared with HB0396S02 the division determines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c)(i) For each failure by an employer to conform to this Subsection (8) the division shall, unless good cause is shown, assess a [$50 penalty if the filing was not more than 15 days late] penalty that the division determines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
[(ii) If the filing is more than 15 days late, the division shall assess an additional penalty of $50 for each days, or a fraction of the 15 days that the filing is late, not to exceed $250 per filing.] [(iii)] (ii) The penalty is to be collected in the same manner as contributions due under this chapter.
[(ii) If the filing is more than 15 days late, the division shall assess an additional penalty of $50 for each 15 days, or a fraction of the 15 days that the filing is late, not to exceed $250 per filing.] [(iii)] (ii) The penalty is to be collected in the same manner as contributions due under this chapter.
[(d) (i) The division shall prescribe rules providing standards for determining which contribution reports shall be filed on magnetic or electronic media or in other machine-readable form.] [(ii) In prescribing these rules, the division:] [(A) may not require an employer to file contribution reports on magnetic or electronic media unless the employer is required to file wage data on at least 250 employees during any calendar quarter or is an authorized employer representative who files quarterly tax reports on behalf of 100 or more employers during any calendar quarter;] [(B) shall take into account, among other relevant factors, the ability of the employer to comply at reasonable cost with the requirements of the rules;
[(d)(i) The division shall prescribe rules providing standards for determining which contribution reports shall be filed on magnetic or electronic media or in other machine-readable form.] [(ii) In prescribing these rules, the division:] [(A) may not require an employer to file contribution reports on magnetic or electronic media unless the employer is required to file wage data on at least 250 employees during any calendar quarter or is an authorized employer representative who files quarterly tax reports on behalf of 100 or more employers during any calendar quarter;] [(B) shall take into account, among other relevant factors, the ability of the employer to comply at reasonable cost with the requirements of the rules;
and] [(C) may require an employer to post a bond for failure to comply with the rules required by this Subsection (8)(d).] (9) (a) (i) An employer liable for payments in lieu of contributions shall file Reimbursable Employment and Wage Reports.
and] [(C) may require an employer to post a bond for failure to comply with the rules required by this Subsection (8)(d).] (9)(a)(i) An employer liable for payments in lieu of contributions shall file Reimbursable Employment and Wage Reports.
(b) (i) Unless the employer can show good cause, the division shall assess a [$50 penalty ] penalty that the division determines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, against an employer who does not file Reimbursable Employment and Wage Reports within the time limits set out in Subsection (9)(a) if the filing was not more than days late.
(b)(i) Unless the employer can show good cause, the division shall assess a [$50 penalty ] penalty that the division determines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, - 9 - H.B.
- 10 - HB0396 compared with HB0396S02 [(ii) If the filing is more than 15 days late, the division shall assess an additional penalty of $50 for each days, or a fraction of the 15 days that the filing is late, not to exceed $250 per filing.] [(iii)] (ii) The division shall assess and collect the penalties referred to in this Subsection (9)(b) in the same manner as prescribed in Sections 35A-4-309 and 35A-4-311.
396 Enrolled Copy against an employer who does not file Reimbursable Employment and Wage Reports within the time limits set out in Subsection (9)(a) if the filing was not more than 15 days late.
[(ii) If the filing is more than 15 days late, the division shall assess an additional penalty of $50 for each 15 days, or a fraction of the 15 days that the filing is late, not to exceed $250 per filing.] [(iii)] (ii) The division shall assess and collect the penalties referred to in this Subsection (9)(b) in the same manner as prescribed in Sections 35A-4-309 and 35A-4-311.
(11) (a) The lien imposed by Subsection (10) arises at the time the assessment, as defined in the department rules, is made and continues until the liability for the amount assessed, or a judgment against the taxpayer arising out of the liability, is satisfied.
(11)(a) The lien imposed by Subsection (10) arises at the time the assessment, as defined in the department rules, is made and continues until the liability for the amount assessed, or a judgment against the taxpayer arising out of the liability, is satisfied.
(b) (i) The lien imposed by Subsection (10) is not valid as against a purchaser, holder of a security interest, mechanics' lien holder, or judgment lien creditor until the division files a warrant with the clerk of the district court.
(b)(i) The lien imposed by Subsection (10) is not valid as against a purchaser, holder of a security interest, mechanics' lien holder, or judgment lien creditor until the division files a warrant with the clerk of the district court.
A person has a lien on the earliest date the lien becomes valid against subsequent purchasers without actual notice, but not before the person begins to furnish the services, labor, or materials.
A person has a lien on the earliest date the lien becomes valid - 10 - Enrolled Copy H.B.
396 against subsequent purchasers without actual notice, but not before the person begins to furnish the services, labor, or materials.
- 11 - HB0396 compared with HB0396S02 (II) a trust;
(II) a trust;
(12) (a) Except in cases involving a violation of unemployment compensation provisions under Sections 76-8-1301, 76-8-1302, 76-8-1303, 76-8-1304, Subsection 35A-4-304(5), or Subsection 35A-4-405(5), and at the discretion of the division, the division may accept an offer in compromise from an employer or claimant to reduce past due debt arising from contributions or benefit overpayments imposed under this chapter.
(12)(a) Except in cases involving a violation of unemployment compensation provisions under Sections 76-8-1301, 76-8-1302, 76-8-1303, 76-8-1304, Subsection 35A-4-304(5), or Subsection 35A-4-405(5), and at the discretion of the division, the division may accept an offer in compromise from an employer or claimant to reduce past due debt arising from contributions or benefit overpayments imposed under this chapter.
Section 3.
The following section is affected by a coordination clause at the end of this bill.
Section 3 is enacted to read:
- 11 - H.B.
58-55-313.
396 Enrolled Copy Section 3.
Section 58-55-313 is enacted to read:
58-55-313 .
{(b) {"Public project" means the contract is with or authorized by a public entity as defined in Section 63G-6a-103.} } - 12 - HB0396 compared with HB0396S02 (c){(b)} "Second-tier subcontractor" means a subcontractor that contracts with a subcontractor.
(b) "Public project" means the contract is with or authorized by a public entity as defined in Section 63G-6a-103.
(c) "Special project" means:
(c) "Second-tier subcontractor" means a subcontractor that contracts with a subcontractor.
(i) the contract is with or authorized by a public entity as defined in Section 63G-6a-103;
(d)(i) "Subcontractor" means a person under contract with a general contractor or another subcontractor to provide services or labor for the construction, installation, or repair of an improvement to real property.
or (ii) the prime contract is in an aggregate amount of $5,000,000 or more.
(d) (i) "Subcontractor" means a person under contract with a general contractor or another subcontractor to provide services or labor for the construction, installation, or repair of an improvement to real property.
(2) Before engaging in a construction trade on a {public } special project, a subcontractor shall:
(2) Before engaging in a construction trade on a public project, a subcontractor shall:
(b) provide the general contractor and the property owner the second-tier subcontractor's name and the second-tier subcontractor's license number if the subcontractor intends to accept a contract with a second-tier subcontractor related to construction trade on a {public } special project;
(b) provide the general contractor and the property owner the second-tier subcontractor's name and the second-tier subcontractor's license number if the subcontractor intends to accept a contract with a second-tier subcontractor related to construction trade on a public project;
(c) if the subcontractor holds a zero estimated exposure policy, provide to a person that contracts with the subcontractor for construction trade on a {public } special project:
(c) if the subcontractor holds a zero estimated exposure policy, provide to a person that contracts with the subcontractor for construction trade on a public project:
and (e) provide to the general contractor and the property owner the estimated number of labor hours for their portion of the project.
and (e) provide to the general contractor and the property owner the estimated number of - 12 - Enrolled Copy H.B.
396 labor hours for their portion of the project.
- 13 - HB0396 compared with HB0396S02 (b) the last four digits of the social security number of the employee;
(b) the last four digits of the social security number of the employee;
(4) (a) The general contractor and the property owner shall retain the information the subcontractor provides for three years from the day after the day on which the general contractor and the property owner receive the information from the subcontractor.
(4)(a) The general contractor and the property owner shall retain the information the subcontractor provides for three years from the day after the day on which the general contractor and the property owner receive the information from the subcontractor.
58-55-502.
58-55-502 .
(4) contract violations that pose a threat or potential threat to the public health, safety, and welfare including:
(4) contract violations that pose a threat or potential threat to the public health, safety, and - 13 - H.B.
(a) willful, deliberate, or grossly negligent departure from or disregard for plans or specifications, or abandonment or failure to complete a project without the consent of the owner or the owner's duly - 14 - HB0396 compared with HB0396S02 authorized representative or the consent of any other person entitled to have the particular project completed in accordance with the plans, specifications, and contract terms;
396 Enrolled Copy welfare including:
(a) willful, deliberate, or grossly negligent departure from or disregard for plans or specifications, or abandonment or failure to complete a project without the consent of the owner or the owner's duly authorized representative or the consent of any other person entitled to have the particular project completed in accordance with the plans, specifications, and contract terms;
(a) workers' compensation coverage to the extent required by Title 34A, Chapter 2, Workers' Compensation Act, and Title 34A, Chapter 3, Utah Occupational Disease Act;
(a) workers' compensation coverage to the extent required by Title 34A, Chapter 2, Workers' Compensation Act, and Title 34A, Chapter 3, Utah Occupational Disease - 14 - Enrolled Copy H.B.
396 Act;
- 15 - HB0396 compared with HB0396S02 (10) the failure of an alarm company or alarm company agent to inform a potential customer, before the customer's purchase of an alarm system or alarm service from the alarm company, of the policy of the county, city, or town within which the customer resides relating to priority levels for responding to an alarm signal transmitted by the alarm system that the alarm company provides the customer;[ or] (11) failing to continuously maintain insurance and registration as required under Subsection 58-55-302(2)[.] ;
(10) the failure of an alarm company or alarm company agent to inform a potential customer, before the customer's purchase of an alarm system or alarm service from the alarm company, of the policy of the county, city, or town within which the customer resides relating to priority levels for responding to an alarm signal transmitted by the alarm system that the alarm company provides the customer;[ or] (11) failing to continuously maintain insurance and registration as required under Subsection 58-55-302(2)[.] ;
Effective date.
396, Special Project Subcontractor Amendments, and H.B.
396, Public Project Subcontractor Amendments, and H.B.
(b) ""Second-tier subcontractor" means a subcontractor that contracts with a subcontractor." (c) ""Special project" means:
(b) ""Public project" means the contract is with or authorized by a public entity as defined in Section 63G-6a-103.";
(i) the contract is with or authorized by a public entity as defined in Section 63G-6a-103;
(c) ""Second-tier subcontractor" means a subcontractor that contracts with a subcontractor.
or (ii) the prime contract is in an aggregate amount of $5,000,000 or more." (d) "(a) "Subcontractor" means a person under contract with a general contractor or another subcontractor to provide services or labor for the construction, installation, or repair of an improvement to real property.
(d) "(a) "Subcontractor" means a person under contract with a general contractor or another subcontractor to provide services or labor for the construction, installation, or repair of an improvement to real property.
(d) "Subcontractor" does not include a supplier that provides only materials, equipment, or - 16 - HB0396 compared with HB0396S02 supplies to a general contractor or subcontractor.";
(d) "Subcontractor" does not include a supplier that provides only materials, equipment, or - 15 - H.B.
396 Enrolled Copy supplies to a general contractor or subcontractor.";
Special project subcontractors.
Public Project Subcontractors.
(1) Before engaging in a construction trade on a special project, a subcontractor shall:
(1) Before engaging in a construction trade on a public project, a subcontractor shall:
(b) provide the general contractor and the property owner the second-tier subcontractor's name and the second-tier subcontractor's license number if the subcontractor intends to accept a contract with a second-tier subcontractor related to construction trade on a special project;
(b) provide the general contractor and the property owner the second-tier subcontractor's name and the second-tier subcontractor's license number if the subcontractor intends to accept a contract with a second-tier subcontractor related to construction trade on a public project;
(c) if the subcontractor holds a zero estimated exposure policy, provide to a person that contracts with the subcontractor for construction trade on a special project:
(c) if the subcontractor holds a zero estimated exposure policy, provide to a person that contracts with the subcontractor for construction trade on a public project:
(b) the last four digits of the social security number of the employee;
and (b) if the employee possesses a professional license, the professional license number of the employee.
and (c) if the employee possesses a professional license, the professional license number of the employee.
(b) The general contractor and the property owner shall provide the information the general - 17 - HB0396 compared with HB0396S02 contractor and the property owner receive from a subcontractor to the division at the division's request.
(b) The general contractor and the property owner shall provide the information the general contractor and the property owner receive from a subcontractor to the division at the division's request.
and (b) provide information obtained in accordance with this section to the State Tax Commission.".
and - 16 - Enrolled Copy H.B.
2-24-26 2:52 PM - 18 -
396 (b) provide information obtained in accordance with this section to the State Tax Commission.".
- 17 -
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Amendments

1 amendment

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Action History

  1. Governor Signed

  2. House/ to Governor

  3. House/ received enrolled bill from Printing

  4. House/ enrolled bill to Printing

  5. Enrolled Bill Returned to House or Senate

  6. Draft of Enrolled Bill Prepared

  7. Bill Received from House for Enrolling

  8. House/ signed by Speaker/ sent for enrolling

  9. House/ received from Senate

  10. Senate/ to House

  11. Senate/ signed by President/ returned to House

  12. Senate/ received from House

  13. House/ to Senate

  14. House/ concurs with Senate amendment

  15. House/ placed on Concurrence Calendar

  16. House/ received from Senate

  17. Senate/ to House with amendments

  18. Senate/ passed 2nd & 3rd readings/ suspension

  19. Senate/ floor amendment

  20. Senate/ 2nd & 3rd readings/ suspension

  21. Senate/ Rules to 2nd Reading Calendar

  22. Senate/ 2nd Reading Calendar to Rules [Senate Rules Committee]

  23. Senate/ placed on 2nd Reading Calendar

  24. Senate/ comm rpt/ substituted [Senate Government Operations and Political Subdivisions Committee]

  25. Senate Comm - Favorable Recommendation [Senate Government Operations and Political Subdivisions Committee]

  26. Senate Comm - Substitute Recommendation [Senate Government Operations and Political Subdivisions Committee]

  27. LFA/ fiscal note publicly available for HB0396S02

  28. Senate/ to standing committee [Senate Government Operations and Political Subdivisions Committee]

  29. LFA/ fiscal note sent to sponsor for HB0396S02

  30. LFA/ bill sent to agencies for fiscal input for HB0396S02

  31. LFA/ bill assigned to staff for fiscal analysis for HB0396S02

  32. LFA/ fiscal note publicly available for HB0396S01

  33. LFA/ fiscal note sent to sponsor for HB0396S01

  34. LFA/ bill sent to agencies for fiscal input for HB0396S01

  35. LFA/ bill assigned to staff for fiscal analysis for HB0396S01

  36. Senate/ 1st reading (Introduced)

  37. Senate/ received from House

  38. House/ to Senate

  39. House/ passed 3rd reading

  40. House/ 3rd reading

  41. House/ 2nd reading

  42. House/ committee report favorable [House Government Operations Committee]

  43. House Comm - Favorable Recommendation [House Government Operations Committee]

  44. House/ to standing committee [House Government Operations Committee]

  45. House/ received fiscal note from Fiscal Analyst

  46. LFA/ fiscal note publicly available for HB0396

  47. LFA/ fiscal note sent to sponsor for HB0396

  48. House/ 1st reading (Introduced)

  49. House/ received bill from Legislative Research

  50. LFA/ bill sent to agencies for fiscal input for HB0396

  51. LFA/ bill assigned to staff for fiscal analysis for HB0396

  52. Numbered Bill Publicly Distributed

  53. Bill Numbered but not Distributed

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 102 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (102)

102 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

Who sponsors HB 396?
HB 396 is sponsored by Brady Brammer (Republican) and Burton, J..
What is the current status of HB 396?
This bill has been enacted into law. Introduced January 27, 2026. Enacted.
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