Chief Sponsor: Norman K. Thurston

Senate Sponsor: ____________


8     General Description:
9          This bill modifies provisions of the Occupational and Professional Licensure Review
10     Committee Act.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires certain state agencies to provide a report reviewing occupational and
14     professional licenses administered by each agency to the Occupational and
15     Professional Licensure Review Committee;
16          ▸     describes the contents of the report;
17          ▸     provides a sunset date; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          36-23-109, as last amended by Laws of Utah 2017, Chapters 133, 272 and last amended
26     by Coordination Clause, Laws of Utah 2017, Chapter 272
27          63I-2-236, as last amended by Laws of Utah 2017, Chapter 90


29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 36-23-109 is amended to read:
31          36-23-109. Review of state regulation of occupations.
32          (1) As part of the annual report described in Section 36-23-106, the committee shall
33     study and make recommendations regarding potentially less restrictive alternatives to licensing
34     for the regulation of lawful occupations, including registration, certification, or exemption, if
35     appropriate, that would avoid unnecessary regulation while still protecting the health and safety
36     of the public.
37          (2) The committee shall study and make recommendations regarding lawful
38     occupations that require a license in the state so that each licensed lawful occupation is
39     reviewed every 10 years.
40          (3) (a) The following state agencies shall complete a one-time written study and
41     analysis of each occupational or professional license or certification that their agency
42     administers to ensure that state regulation of the occupation or profession, including state
43     statute, administrative rule, and agency policy, is narrowly tailored to protect the health and
44     safety of the public and does not consist of excessive, unnecessary, or outdated government
45     interference:
46          (i) the Department of Agriculture and Food, created in Section 4-2-102;
47          (ii) the Department of Commerce, created in Section 13-1-2;
48          (iii) the Department of Environmental Quality, created in Section 19-1-104;
49          (iv) the Department of Financial Institutions, created in Section 7-1-201;
50          (v) the Department of Health, created in Section 26-1-4;
51          (vi) the Department of Human Services, created in Section 62A-1-102;
52          (vii) the Department of Public Safety, created in Section 53-1-103;
53          (viii) the Department of Workforce Services, created in Section 35A-1-103;
54          (ix) the Insurance Department, described in Section 31A-2-101;
55          (x) the State Board of Education; and
56          (xi) the State Tax Commission.
57          (b) The study and analysis from each agency shall include:
58          (i) a list of each occupational or professional license or certification administered by

59     the agency;
60          (ii) the number of active licenses or certifications issued by the agency;
61          (iii) a complete citation of each state statute, administrative rule, and agency policy that
62     apply to the occupational or professional license or certification administered by the agency;
63          (iv) an analysis of whether each statutory provision, administrative rule, and agency
64     policy is necessary to protect the health and safety of the public;
65          (v) an analysis of whether less restrictive regulation of the occupation or profession
66     would still protect the health and safety of the public; and
67          (vi) a recommendation to the committee regarding which statutory language,
68     administrative rules, or agency policies could be repealed or modified to be less restrictive
69     while still adequately protecting the health and safety of the public.
70          (c) On or before July 1, 2019, each agency listed in Subsection (3)(a) shall provide the
71     agency's written study and analysis to the committee.
72          Section 2. Section 63I-2-236 is amended to read:
73          63I-2-236. Repeal dates -- Title 36.
74          [Section 36-29-102 is repealed July 1, 2016.]
75          Subsection 36-23-109(3) is repealed July 1, 2020.

Legislative Review Note
Office of Legislative Research and General Counsel