H.B. 193

1

DEREGULATION OF GENERAL BUILDING
2 CONTRACTORS
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Gregory H. Hughes
6
7 LONG TITLE
8 General Description:
9 This bill requires the Occupational and Professional Licensure Review Committee to
10 study the deregulation of general building contractors.
11 Highlighted Provisions:
12 This bill:
13 . requires the Occupational and Professional Licensure Review Committee to study
14 the deregulation of general building contractors licensed under the Utah
15 Construction Trades Licensing Act;
16 . requires the committee to consider several options in its study, ranging from total
17 deregulation to maintaining the current licensing program; and
18 . requires the committee to present its findings to the Legislature's Business and
19 Labor Interim Committee by November 30, 2005.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 This bill provides an immediate effective date.
24 Utah Code Sections Affected:
25 AMENDS:
26 36-23-106, as enacted by Chapter 152, Laws of Utah 1999
27 Uncodified Material Affected:

28 ENACTS UNCODIFIED MATERIAL
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 36-23-106 is amended to read:
32 36-23-106. Duties.
33 The committee shall:
34 (1) receive applications from representatives of professions or occupations which are
35 seeking legislation to license or regulate that profession or occupation;
36 (2) hold public hearings to review applications received under Subsection (1) and to
37 determine, based upon the criteria in Section 36-23-107 , if the profession or occupation should
38 be licensed or regulated by the state;
39 (3) conduct sunset reviews, based upon the criteria in Section 36-23-107 , Title 63,
40 Chapter 55, Legislative Oversight and Sunset Act, and other appropriate criteria, for any
41 occupational or professional license classifications which are referred to the committee by [any
42 other] a legislative committee or action of the Legislature; and
43 (4) submit a written report to the speaker of the House of Representatives and the
44 president of the Senate of all findings and recommendations made by the committee under
45 Subsections (2) and (3).
46 Section 2. Licensing study.
47 (1) (a) The Occupational and Professional Licensure Review Committee shall study the
48 deregulation of general building contractors licensed under Title 58, Chapter 55, Utah
49 Construction Trades Licensing Act.
50 (b) As part of its study, the committee shall consider the following options:
51 (i) total deregulation;
52 (ii) modification of licensing requirements and elimination of the licensing board for
53 general building contractors;
54 (iii) transfer of the regulatory responsibility from the Division of Occupational and
55 Professional Licensing to another entity; and
56 (iv) maintaining the current licensing and regulatory program.
57 (2) The committee shall complete the study required under Subsection (1) and present
58 its findings, including any proposed legislation, to the Legislature's Business and Labor Interim

59 Committee by November 30, 2005.
60 Section 3. Effective date.
61 If approved by two-thirds of all the members elected to each house, this bill takes effect
62 upon approval by the governor, or the day following the constitutional time limit of Utah
63 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
64 the date of veto override.




Legislative Review Note
as of 12-10-04 9:35 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel