H.B. 39

This document includes House Committee Amendments incorporated into the bill on Mon, Feb 9, 2004 at 10:59 AM by chopkin. --> 1

SPECIAL FUNCTIONS OFFICERS FOR THE
2 DIVISION OF OCCUPATIONAL AND
3 PROFESSIONAL LICENSING
4 2004 GENERAL SESSION
5 STATE OF UTAH
6 Sponsor: J. Morgan Philpot
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions of the Division of Occupational and Professional
11 Licensing Act related to employment of staff.
12 Highlighted Provisions:
13 This bill:
14 . allows the director, with approval of the executive director, to appoint investigators
15 designated as special function officers; and
16 . makes certain technical changes.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 58-1-105, as renumbered and amended by Chapter 297, Laws of Utah 1993
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 58-1-105 is amended to read:
27 58-1-105. Employment of staff.

28 (1) The director, with the approval of the executive director, may employ necessary
29 staff, including investigators, specialists, and professionals, to assist [him] the director in
30 performing the duties, functions, and responsibilities of the division.
31 (2) An investigator employed under Subsection (1) is a special function officer, as
32 defined in Section 53-13-105 , but is not eligible for retirement benefits under the Public Safety
33 Noncontributory Retirement System.
33a H (3)(a) IT IS NOT THE INTENT OF THE LEGISLATURE TO DESIGNATE THE DIVISION AS AN
33b AGENCY WHOSE PRIMARY PURPOSE WOULD BE THAT OF GENERAL LAW ENFORCEMENT.
33c (b) THE PRIMARY PURPOSE OF THE DIVISION IS TO ADMINISTER AND ENFORCE THE
33d PROVISIONS OF TITLE 58, OCCUPATIONS AND PROFESSIONS. h



Legislative Review Note
as of 10-30-03 10:34 AM

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

Office of Legislative Research and General Counsel