S.B. 71

1

OCCUPATIONAL AND PROFESSIONAL
2 LICENSURE REVIEW COMMITTEE
3 1999 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: L. Alma Mansell
6 AN ACT RELATING TO THE LEGISLATURE; CREATING THE OCCUPATIONAL AND
7 PROFESSIONAL LICENSURE REVIEW COMMITTEE; PROVIDING FOR MEMBERSHIP;
8 DELINEATING RESPONSIBILITIES AND PROCEDURES; AND SETTING REVIEW
9 CRITERIA FOR OCCUPATIONS OR PROFESSIONS SEEKING LICENSURE,
10 REGULATION, OR REAUTHORIZATION.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 ENACTS:
13 36-23-101, Utah Code Annotated 1953
14 36-23-102, Utah Code Annotated 1953
15 36-23-103, Utah Code Annotated 1953
16 36-23-104, Utah Code Annotated 1953
17 36-23-105, Utah Code Annotated 1953
18 36-23-106, Utah Code Annotated 1953
19 36-23-107, Utah Code Annotated 1953
20 36-23-108, Utah Code Annotated 1953
21 Be it enacted by the Legislature of the state of Utah:
22 Section 1. Section 36-23-101 is enacted to read:
23 CHAPTER 23. OCCUPATIONAL AND PROFESSIONAL LICENSURE
24 REVIEW COMMITTEE ACT
25 36-23-101. Title.
26 This chapter is known as the "Occupational and Professional Licensure Review Committee
27 Act."

28 Section 2. Section 36-23-102 is enacted to read:
29 36-23-102. Occupational and Professional Licensure Review Committee -- Definition
30 -- Membership -- Chairs.
31 (1) There is created the Occupational and Professional Licensure Review Committee.
32 (2) As used in this chapter, "committee" means the Occupational and Professional
33 Licensure Review Committee.
34 (3) The committee consists of 13 members appointed as follows:
35 (a) three members of the House of Representatives, appointed by the speaker of the House,
36 no more than two from the same political party;
37 (b) three members of the Senate, appointed by the president of the Senate, no more than
38 two from the same political party; and
39 (c) seven public members appointed jointly by the speaker of the House and the president
40 of the Senate as follows:
41 (i) four members who have previously served, but are no longer serving, on any of the
42 advisory boards created under Title 58; and
43 (ii) three members from the general public who do not hold any type of license issued by
44 the Division of Occupational and Professional Licensing.
45 (4) (a) The speaker of the House of Representatives shall designate a member of the House
46 of Representatives appointed under Subsection(3)(a) as a cochair of the committee.
47 (b) The president of the Senate shall designate a member of the Senate appointed under
48 Subsection (3)(b) as a cochair of the committee.
49 Section 3. Section 36-23-103 is enacted to read:
50 36-23-103. Terms -- Vacancies.
51 (1) Legislators serving on the committee shall serve two-year terms or until their
52 successors are appointed.
53 (2) (a) Except as provided in Subsection (2)(b), public members shall serve up to
54 three-year terms or until their successors are appointed.
55 (b) The speaker of the House and the president of the Senate shall, at the time of
56 appointment or reappointment, adjust the length of terms of the public members to ensure that
57 approximately one-third of the public members are appointed every year.
58 (3) A vacancy exists whenever a committee member ceases to be a member of the

59 Legislature or when a member resigns from the committee. Vacancies shall be filled by the
60 appointing authority, and the replacement member shall serve for the remaining unexpired term.
61 Section 4. Section 36-23-104 is enacted to read:
62 36-23-104. Meetings -- Compensation -- Quorum -- Rules.
63 (1) The committee may meet as needed, at the call of the committee chairs, to carry out
64 the duties set forth in Section 36-23-106 .
65 (2) (a) Legislators on the committee receive compensation and expenses as provided by
66 law and legislative rule.
67 (b) (i) Public members on the committee receive no compensation or benefits for their
68 service, but may receive per diem and expenses incurred in the performance of the members'
69 official duties at the rates established by the Division of Finance under Sections 63A-3-106 and
70 63A-3-107 .
71 (ii) Public members may decline to receive per diem and expenses for their service.
72 (3) Seven members of the committee constitute a quorum.
73 (4) In conducting all its business, the committee shall comply with the rules of legislative
74 interim committees regarding motions and voting.
75 Section 5. Section 36-23-105 is enacted to read:
76 36-23-105. Applications -- Fees.
77 (1) Representatives of occupations or professions who desire to have their occupation or
78 profession licensed or regulated by the state may, prior to the introduction of any proposed
79 legislation, submit an application for sunrise review to the Office of Legislative Research and
80 General Counsel in a form approved by the committee.
81 (2) Applicants shall submit a nonrefundable fee of $500 with each application. All
82 application fees shall be deposited in the General Fund.
83 Section 6. Section 36-23-106 is enacted to read:
84 36-23-106. Duties.
85 The committee shall:
86 (1) receive applications from representatives of professions or occupations which are
87 seeking legislation to license or regulate that profession or occupation;
88 (2) hold public hearings to review applications received under Subsection (1) and to
89 determine, based upon the criteria in Section 36-23-107 , if the profession or occupation should be

90 licensed or regulated by the state;
91 (3) conduct sunset reviews, based upon the criteria in Section 36-23-107 and other
92 appropriate criteria, for any occupational or professional license classifications which are referred
93 to the committee by any other legislative committee; and
94 (4) submit a written report to the Legislature of all findings and recommendations made
95 by the committee under Subsections (2) and (3).
96 Section 7. Section 36-23-107 is enacted to read:
97 36-23-107. Review criteria.
98 When reviewing applications received under Subsection 36-23-106 (2) and when
99 conducting sunset reviews under Subsection 36-23-106 (3), the committee shall use the following
100 criteria to determine whether or not the occupation or profession should be licensed or regulated
101 by the state:
102 (1) whether the unregulated practice of the occupation or profession has clearly harmed
103 or may harm or endanger the health, safety, or welfare of the public, and whether the potential for
104 harm is easily recognizable and not remote;
105 (2) whether the public needs, and can reasonably be expected to benefit from, an assurance
106 of initial and continuing professional or occupational competence;
107 (3) whether regulation of the profession or occupation imposes significant new economic
108 hardship on the public, significantly diminishes the supply of qualified practitioners, or otherwise
109 creates barriers to service that are not consistent with the public welfare or interest;
110 (4) whether the occupation requires possession of knowledge, skills, and abilities that are
111 both teachable and testable;
112 (5) whether the occupation is clearly distinguishable from other occupations that are
113 already regulated;
114 (6) whether the occupational or professional group has an established code of ethics, a
115 voluntary certification program, or other measures to ensure a minimum quality of service;
116 (7) whether the public can be adequately protected by means other than regulation; and
117 (8) other appropriate criteria as determined by the committee.
118 Section 8. Section 36-23-108 is enacted to read:
119 36-23-108. Staff support.
120 The Office of Legislative Research and General Counsel shall provide staff services to the

121 committee.




Legislative Review Note
as of 11-20-98 2:26 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

Committee Note

The Business, Labor, and Economic Development Interim Committee recommended this bill.