S.B. 71 Enrolled

OCCUPATIONAL AND PROFESSIONAL
LICENSURE REVIEW COMMITTEE
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: L. Alma Mansell
AN ACT RELATING TO THE LEGISLATURE; CREATING THE OCCUPATIONAL AND
PROFESSIONAL LICENSURE REVIEW COMMITTEE; PROVIDING FOR MEMBERSHIP;
DELINEATING RESPONSIBILITIES AND PROCEDURES; AND SETTING REVIEW
CRITERIA FOR OCCUPATIONS OR PROFESSIONS SEEKING LICENSURE,
REGULATION, OR REAUTHORIZATION.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
36-23-101, Utah Code Annotated 1953
36-23-102, Utah Code Annotated 1953
36-23-103, Utah Code Annotated 1953
36-23-104, Utah Code Annotated 1953
36-23-105, Utah Code Annotated 1953
36-23-106, Utah Code Annotated 1953
36-23-107, Utah Code Annotated 1953
36-23-108, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 36-23-101 is enacted to read:
CHAPTER 23. OCCUPATIONAL AND PROFESSIONAL LICENSURE
REVIEW COMMITTEE ACT
36-23-101. Title.
This chapter is known as the "Occupational and Professional Licensure Review Committee
Act."
Section 2. Section 36-23-102 is enacted to read:
36-23-102. Occupational and Professional Licensure Review Committee -- Definition

-- Membership -- Chairs.
(1) There is created the Occupational and Professional Licensure Review Committee.
(2) As used in this chapter, "committee" means the Occupational and Professional Licensure
Review Committee.
(3) The committee consists of 13 members appointed as follows:
(a) three members of the House of Representatives, appointed by the speaker of the House,
no more than two from the same political party;
(b) three members of the Senate, appointed by the president of the Senate, no more than two
from the same political party; and
(c) seven public members appointed jointly by the speaker of the House and the president
of the Senate as follows:
(i) four members who have previously served, but are no longer serving, on any of the
advisory boards created under Title 58; and
(ii) three members from the general public who do not hold any type of license issued by the
Division of Occupational and Professional Licensing.
(4) (a) The speaker of the House of Representatives shall designate a member of the House
of Representatives appointed under Subsection(3)(a) as a cochair of the committee.
(b) The president of the Senate shall designate a member of the Senate appointed under
Subsection (3)(b) as a cochair of the committee.
Section 3. Section 36-23-103 is enacted to read:
36-23-103. Terms -- Vacancies.
(1) Legislators serving on the committee shall serve two-year terms or until their successors
are appointed.
(2) (a) Except as provided in Subsection (2)(b), public members shall serve up to three-year
terms or until their successors are appointed.
(b) The speaker of the House and the president of the Senate shall, at the time of
appointment or reappointment, adjust the length of terms of the public members to ensure that
approximately one-third of the public members are appointed every year.

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(3) A vacancy exists whenever a committee member ceases to be a member of the
Legislature or when a member resigns from the committee. Vacancies shall be filled by the
appointing authority, and the replacement member shall serve for the remaining unexpired term.
Section 4. Section 36-23-104 is enacted to read:
36-23-104. Meetings -- Compensation -- Quorum -- Rules.
(1) The committee may meet as needed, at the call of the committee chairs, to carry out the
duties set forth in Section 36-23-106 .
(2) (a) Legislators on the committee receive compensation and expenses as provided by law
and legislative rule.
(b) (i) Public members on the committee receive no compensation or benefits for their
service, but may receive per diem and expenses incurred in the performance of the members' official
duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Public members may decline to receive per diem and expenses for their service.
(3) Seven members of the committee constitute a quorum.
(4) In conducting all its business, the committee shall comply with the rules of legislative
interim committees regarding motions.
Section 5. Section 36-23-105 is enacted to read:
36-23-105. Applications -- Fees.
(1) Representatives of occupations or professions who desire to have their occupation or
profession licensed or regulated by the state may, prior to the introduction of any proposed
legislation, submit an application for sunrise review to the Office of Legislative Research and
General Counsel in a form approved by the committee.
(2) Applicants shall submit a nonrefundable fee of $500 with each application. All
application fees shall be deposited in the General Fund.
Section 6. Section 36-23-106 is enacted to read:
36-23-106. Duties.
The committee shall:
(1) receive applications from representatives of professions or occupations which are seeking

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legislation to license or regulate that profession or occupation;
(2) hold public hearings to review applications received under Subsection (1) and to
determine, based upon the criteria in Section 36-23-107 , if the profession or occupation should be
licensed or regulated by the state;
(3) conduct sunset reviews, based upon the criteria in Section 36-23-107 , Title 63, Chapter
55, Legislative Oversight and Sunset Act, and other appropriate criteria, for any occupational or
professional license classifications which are referred to the committee by any other legislative
committee; and
(4) submit a written report to the speaker of the House of Representatives and the president
of the Senate of all findings and recommendations made by the committee under Subsections (2) and
(3).
Section 7. Section 36-23-107 is enacted to read:
36-23-107. Review criteria.
When reviewing applications received under Subsection 36-23-106 (2) and when conducting
sunset reviews under Subsection 36-23-106 (3), the committee shall use the following criteria to
determine whether or not the occupation or profession should be licensed or regulated by the state:
(1) whether the unregulated practice of the occupation or profession has clearly harmed or
may harm or endanger the health, safety, or welfare of the public, and whether the potential for harm
is easily recognizable and not remote;
(2) whether the public needs, and can reasonably be expected to benefit from, an assurance
of initial and continuing professional or occupational competence;
(3) whether regulation of the profession or occupation imposes significant new economic
hardship on the public, significantly diminishes the supply of qualified practitioners, or otherwise
creates barriers to service that are not consistent with the public welfare or interest;
(4) whether the occupation requires possession of knowledge, skills, and abilities that are
both teachable and testable;
(5) whether the occupation is clearly distinguishable from other occupations that are already
regulated;

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(6) whether the occupational or professional group has an established code of ethics, a
voluntary certification program, or other measures to ensure a minimum quality of service;
(7) whether the public can be adequately protected by means other than regulation; and
(8) other appropriate criteria as determined by the committee.
Section 8. Section 36-23-108 is enacted to read:
36-23-108. Staff support.
The Office of Legislative Research and General Counsel shall provide staff services to the
committee.

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