2nd Sub.
H.B.
75
OCCUPATIONAL AND PROFESSIONAL LICENSING AMENDMENTS
House Floor
Amendments
Amendment 4 March 5, 2013 2:32 PM
Representative Rebecca P. Edwards
proposes the following amendments:
1. Page
1, Line 24 through Page 2, Line 36
:
24
. consider whether state licensing of the profession is necessary to address a
25
compelling state interest in protecting against present, recognizable, and
26
significant harm to the health
,
{
or
}
safety
, or welfare
of the public;
27
. if the committee determines that state licensing of the profession is not
28
necessary to protect the health H. [or] , .H safety H. , or welfare .H of the public,
28a
recommend to the
29
Legislature that the state refrain from licensing the profession;
30
. if the committee determines that state licensing of the profession is necessary to
31
protect the health
,
{
or
}
safety
, or welfare
of the public, consider whether the proposed or
32
existing statute is narrowly tailored to protect the health
,
{
or
}
safety
, or welfare
of the public;
33
and
34
. recommend to the Legislature any changes to the proposed or existing statute to
35
ensure it is narrowly tailored to protect the health
,
{
or
}
safety
, or welfare
of the public;
36
. requires the committee to study alternatives to professional licensing in 2013,
2. Page
5, Lines 125 through 127
:
125
36-23-104. Committee meetings -- Compensation -- Quorum -- Legislative rules.
126
(1) The committee [may] shall meet
{
as needed
}
at least twice before November 1 of each
year
, at the call of the committee chairs, to
127
carry out the duties [set forth] described in [Section
36-23-106
] this chapter.
3. Page
6, Lines 153 through 157
:
153
(1) The committee shall:
154
(a)
for each application submitted in accordance with Section 36-23-105,
conduct a sunrise
review in accordance with Section
36-23-107
[for all
155
applications]
{
, within 12 months, for each application submitted in accordance with Section
156
36-23-105
;
}
before November 1:
(i) of the year in which the application is submitted, if the application is submitted on or before July 1;
or
(ii) of the year following the year in which the application is submitted, if the application is submitted
after July 1;
(b) (i) conduct a sunset review for [an occupational or professional license
4. Page
6, Lines 171 through 172
:
171
(ii) conduct a sunset review under this Subsection (1)(b)
before November 1 of the year
prior to
the last general
172
session of the Legislature that is scheduled to meet before the scheduled termination date; and
5. Page
8, Lines 218 through 234
House Floor Amendments
3-5-2013
:
218
(2) When conducting a sunrise review or sunset review under this chapter, the
219
committee shall [use the following criteria]:
220
(a) consider whether state regulation of the occupation or profession is necessary to
221
address a compelling state interest in protecting against present, recognizable, and significant
222
harm to the health H. [or] , .H safety H. , or welfare .H of the public;
223
(b) if the committee determines that state regulation of the occupation or profession is
224
not necessary to protect against present, recognizable, and significant harm to the health
,
{
or
}
225
safety
, or welfare
of the public, recommend to the Legislature that the state not regulate the profession;
226
(c) if the committee determines that state regulation of the occupation or profession is
227
necessary in protecting against present, recognizable, and significant harm to the health
,
{
or
}
228
safety
, or welfare
of the public, consider whether the proposed or existing statute is narrowly tailored to
229
protect against present, recognizable, and significant harm to the health
,
{
or
}
safety
, or welfare
of the public;
230
and
231
(d) recommend to the Legislature any necessary changes to the proposed or existing
232
statute to ensure it is narrowly tailored to protect against present, recognizable, and significant
233
harm to the health
,
{
or
}
safety
, or welfare
of the public.
234
(3) In its performance of each sunrise review or sunset review, the committee may
6. Page
9, Lines 268 through 273
House Floor Amendments
3-5-2013
:
268
36-23-109. Review of state regulation of occupations and professions.
269
Before the annual written report described in Section
36-23-107
is submitted for 2013,
270
the committee shall study potentially less restrictive alternatives to licensing for the regulation
271
of occupations and professions, including registration and certification if appropriate, that
272
would better avoid unnecessary regulation and intrusion upon individual liberties by the state,
273
while still protecting the health H. [and] , .H safety H. ,
{
or
}
and
welfare .H of the public.
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