H.B. 368

1

SPECIAL FUNCTION OFFICERS FOR
2 DIVISION OF OCCUPATIONAL AND
3 PROFESSIONAL LICENSING
4 2005 GENERAL SESSION
5 STATE OF UTAH
6 Sponsor: Neal B. Hendrickson
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions of the Division of Occupational and Professional
11 Licensing Act related to the employment of staff.
12 Highlighted Provisions:
13 This bill:
14 . allows the director of the division to employ and designate investigators as special
15 function officers.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 58-1-105, as renumbered and amended by Chapter 297, Laws of Utah 1993
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 58-1-105 is amended to read:
26 58-1-105. Employment of staff.
27 (1) The director, with the approval of the executive director, may employ necessary

28 staff, including investigators, specialists, and professionals, to assist [him] the director in
29 performing the duties, functions, and responsibilities of the division.
30 (2) An investigator employed under Subsection (1) shall be designated a special
31 function officer, as defined in Section 53-13-105 , but:
32 (a) is not eligible for retirement benefits under the Public Safety Noncontributory
33 Retirement System; and
34 (b) may not be authorized by the director to carry a firearm as a special function officer
35 employed by the division.




Legislative Review Note
as of 1-31-05 2:09 PM

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