Representative A. Cory Maloy proposes the following substitute bill:


1     
OCCUPATIONAL LICENSING REQUIREMENT AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: A. Cory Maloy

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the responsibilities of the Division of Occupational and Professional
10     Licensing (DOPL).
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     modifies the authority of DOPL to issue licenses to individuals who have been
15     previously licensed in another state, district, or territory of the United States; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          58-1-302, as last amended by Laws of Utah 2016, Chapter 238
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 58-1-302 is amended to read:
27          58-1-302. License by endorsement.
28          (1) As used in this section:
29          (a) "Domicile" means the place where an individual has a fixed permanent home.
30          (b) "Resident" means an individual who:
31          (i) has established a domicile in this state;
32          (ii) engages in a trade, profession, or occupation in this state, or who accepts
33     employment in other than seasonal work in this state, and who does not commute into the state;
34     and
35          (iii) holds an unexpired Utah driver license issued under Title 53, Chapter 3, Part 2,
36     Driver Licensing Act, or an unexpired Utah identification card issued under Title 53, Chapter
37     3, Part 8, Identification Card Act.
38          [(1)] (2) [(a) The division may] Subject to Subsections (3) and (4), the division may
39     issue a license without examination to a [person] resident who has been licensed in a state,
40     district, or territory of the United States[,] or in a foreign country[, where] if:
41          (a) the division determines the education, experience, and examination requirements
42     [are, or were] of the state, district, or territory of the United States or the foreign country, at the
43     time the license was issued, were substantially equal to the current requirements of this state[.];
44     or
45          (b) after being licensed outside of this state, the resident has at least one year of
46     experience in the state, district, or territory of the United States where the license was issued,
47     and the division determines the resident has the education, experience, and skills necessary to
48     demonstrate competency in the occupation or profession for which licensure is sought.
49           [(b)] (3) The division, in consultation with the applicable licensing board, may make
50     rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
51     prescribing the requirements of [this] Subsection [(1)] (2).
52          [(2)] (4) Before a [person] resident may be issued a license under this section, the
53     [person] resident shall:
54          (a) pay a fee determined by the department under Section 63J-1-504; and
55          (b) produce satisfactory evidence of the [person's] resident's identity, qualifications, and
56     good standing in the occupation or profession for which licensure is sought.