1     
LICENSING STANDARDS FOR MILITARY SPOUSES

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd Weiler

5     
House Sponsor: Brian M. Greene

6     

7     LONG TITLE
8     General Description:
9          This bill modifies occupational and professional licensing requirements for certain
10     individuals serving in the military and for certain spouses of individuals serving in the
11     military.
12     Highlighted Provisions:
13          This bill:
14          ▸     provides certain exemptions from occupational and professional licensure in a
15     variety of occupations and professions, including for:
16               •     an individual serving in the military if the individual has a valid license in
17     another jurisdiction; and
18               •     a spouse of an individual serving in the military if the spouse has a valid license
19     in another jurisdiction.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          31A-23a-104, as last amended by Laws of Utah 2014, Chapters 290 and 300
27          31A-26-202, as last amended by Laws of Utah 2008, Chapter 382
28          61-2f-202, as last amended by Laws of Utah 2017, Chapter 182
29     ENACTS:

30          4-1-111, Utah Code Annotated 1953
31          13-1-12, Utah Code Annotated 1953
32          53-9-122, Utah Code Annotated 1953
33          53-11-125, Utah Code Annotated 1953
34          53E-6-204, Utah Code Annotated 1953
35          61-1-32, Utah Code Annotated 1953
36     

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 4-1-111 is enacted to read:
39          4-1-111. Exemptions from licensure.
40          Except as otherwise provided by statute or rule, the following individuals may engage
41     in the practice of an occupation or profession regulated by this title, subject to the stated
42     circumstances and limitations, without being licensed under this title:
43          (1) an individual licensed under the laws of this state, other than under this title, to
44     practice or engage in an occupation or profession, while engaged in the lawful, professional,
45     and competent practice of that occupation or profession;
46          (2) an individual serving in the armed forces of the United States, the United States
47     Public Health Service, the United States Department of Veterans Affairs, or any other federal
48     agency while engaged in activities regulated under this title as a part of employment with that
49     federal agency if the individual holds a valid license to practice the regulated occupation or
50     profession issued by any other state or jurisdiction recognized by the department; and
51          (3) the spouse of an individual serving in the armed forces of the United States while
52     the individual is stationed within this state, if:
53          (a) the spouse holds a valid license to practice the regulated occupation or profession
54     issued by any other state or jurisdiction recognized by the department; and
55          (b) the license is current and the spouse is in good standing in the state or jurisdiction
56     of licensure.
57          Section 2. Section 13-1-12 is enacted to read:

58          13-1-12. Exemptions from licensure.
59          Except as otherwise provided by statute or rule, the following individuals may engage
60     in the practice of an occupation or profession regulated by this title, subject to the stated
61     circumstances and limitations, without being licensed under this title:
62          (1) an individual licensed under the laws of this state, other than under this title, to
63     practice or engage in an occupation or profession, while engaged in the lawful, professional,
64     and competent practice of that occupation or profession;
65          (2) an individual serving in the armed forces of the United States, the United States
66     Public Health Service, the United States Department of Veterans Affairs, or any other federal
67     agency while engaged in activities regulated under this title as a part of employment with that
68     federal agency if the individual holds a valid license to practice the regulated occupation or
69     profession issued by any other state or jurisdiction recognized by the department; and
70          (3) the spouse of an individual serving in the armed forces of the United States while
71     the individual is stationed within this state, if:
72          (a) the spouse holds a valid license to practice the regulated occupation or profession
73     issued by any other state or jurisdiction recognized by the department; and
74          (b) the license is current and the spouse is in good standing in the state or jurisdiction
75     of licensure.
76          Section 3. Section 31A-23a-104 is amended to read:
77          31A-23a-104. Application for individual license -- Application for agency license.
78          (1) This section applies to an initial or renewal license as a:
79          (a) producer;
80          (b) surplus lines producer;
81          (c) limited line producer;
82          (d) consultant;
83          (e) managing general agent; or
84          (f) reinsurance intermediary.
85          (2) (a) Subject to Subsection (2)(b), to obtain or renew an individual license, an

86     individual shall:
87          (i) file an application for an initial or renewal individual license with the commissioner
88     on forms and in a manner the commissioner prescribes; and
89          (ii) except as provided in Subsection (6), pay a license fee that is not refunded if the
90     application:
91          (A) is denied; or
92          (B) is incomplete when filed and is never completed by the applicant.
93          (b) An application described in this Subsection (2) shall provide:
94          (i) information about the applicant's identity;
95          (ii) the applicant's Social Security number;
96          (iii) the applicant's personal history, experience, education, and business record;
97          (iv) whether the applicant is 18 years of age or older;
98          (v) whether the applicant has committed an act that is a ground for denial, suspension,
99     or revocation as set forth in Section 31A-23a-105 or 31A-23a-111;
100          (vi) if the application is for a resident individual producer license, certification that the
101     applicant complies with Section 31A-23a-203.5; and
102          (vii) any other information the commissioner reasonably requires.
103          (3) The commissioner may require a document reasonably necessary to verify the
104     information contained in an application filed under this section.
105          (4) An applicant's Social Security number contained in an application filed under this
106     section is a private record under Section 63G-2-302.
107          (5) (a) Subject to Subsection (5)(b), to obtain or renew an agency license, a person
108     shall:
109          (i) file an application for an initial or renewal agency license with the commissioner on
110     forms and in a manner the commissioner prescribes; and
111          (ii) pay a license fee that is not refunded if the application:
112          (A) is denied; or
113          (B) is incomplete when filed and is never completed by the applicant.

114          (b) An application described in Subsection (5)(a) shall provide:
115          (i) information about the applicant's identity;
116          (ii) the applicant's federal employer identification number;
117          (iii) the designated responsible licensed individual;
118          (iv) the identity of the owners, partners, officers, and directors;
119          (v) whether the applicant has committed an act that is a ground for denial, suspension,
120     or revocation as set forth in Section 31A-23a-105 or 31A-23a-111; and
121          (vi) any other information the commissioner reasonably requires.
122          (6) The following individuals are exempt from paying a license fee:
123          (a) an individual serving in the armed forces of the United States while the individual
124     is stationed within this state, if:
125          (i) the individual holds a valid license to practice the regulated occupation or
126     profession issued by any other state or jurisdiction recognized by the department; and
127          (ii) the license is current and the individual is in good standing in the state or
128     jurisdiction of licensure; and
129          (b) the spouse of an individual serving in the armed forces of the United States while
130     the individual is stationed within this state, if:
131          (i) the spouse holds a valid license to practice the regulated occupation or profession
132     issued by any other state or jurisdiction recognized by the department; and
133          (ii) the license is current and the spouse is in good standing in the state or jurisdiction
134     of licensure.
135          Section 4. Section 31A-26-202 is amended to read:
136          31A-26-202. Application for license.
137          (1) (a) The application for a license as an independent adjuster or public adjuster shall
138     be:
139          (i) made to the commissioner on forms and in a manner the commissioner prescribes;
140     and
141          (ii) except as provided in Subsection (4), accompanied by the applicable fee, which is

142     not refunded if the application is denied.
143          (b) The application shall provide:
144          (i) information about the applicant's identity, including:
145          (A) the applicant's:
146          (I) Social Security number; or
147          (II) federal employer identification number;
148          (B) the applicant's personal history, experience, education, and business record;
149          (C) if the applicant is a natural person, whether the applicant is 18 years of age or
150     older; and
151          (D) whether the applicant has committed an act that is a ground for denial, suspension,
152     or revocation as set forth in Section 31A-25-208; and
153          (ii) any other information as the commissioner reasonably requires.
154          (2) The commissioner may require documents reasonably necessary to verify the
155     information contained in the application.
156          (3) An applicant's Social Security number contained in an application filed under this
157     section is a private record under Section 63G-2-302.
158          (4) The following individuals are exempt from paying a license fee:
159          (a) an individual serving in the armed forces of the United States while the individual
160     is stationed within this state, if:
161          (i) the individual holds a valid license to practice the regulated occupation or
162     profession issued by any other state or jurisdiction recognized by the department; and
163          (ii) the license is current and the individual is in good standing in the state or
164     jurisdiction of licensure; and
165          (b) the spouse of an individual serving in the armed forces of the United States while
166     the individual is stationed within this state, if:
167          (i) the spouse holds a valid license to practice the regulated occupation or profession
168     issued by any other state or jurisdiction recognized by the department; and
169          (ii) the license is current and the spouse is in good standing in the state or jurisdiction

170     of licensure.
171          Section 5. Section 53-9-122 is enacted to read:
172          53-9-122. Exemptions from licensure.
173          Except as otherwise provided by statute or rule, the following individuals may engage
174     in the practice of an occupation or profession regulated by this title, subject to the stated
175     circumstances and limitations, without being licensed under this title:
176          (1) an individual licensed under the laws of this state, other than under this title, to
177     practice or engage in an occupation or profession, while engaged in the lawful, professional,
178     and competent practice of that occupation or profession;
179          (2) an individual serving in the armed forces of the United States, the United States
180     Public Health Service, the United States Department of Veterans Affairs, or any other federal
181     agency while engaged in activities regulated under this title as a part of employment with that
182     federal agency if the individual holds a valid license to practice the regulated occupation or
183     profession issued by any other state or jurisdiction recognized by the department; and
184          (3) the spouse of an individual serving in the armed forces of the United States while
185     the individual is stationed within this state, if:
186          (a) the spouse holds a valid license to practice the regulated occupation or profession
187     issued by any other state or jurisdiction recognized by the department; and
188          (b) the license is current and the spouse is in good standing in the state or jurisdiction
189     of licensure.
190          Section 6. Section 53-11-125 is enacted to read:
191          53-11-125. Exemptions from licensure.
192          Except as otherwise provided by statute or rule, the following individuals may engage
193     in the practice of a private investigator regulated by this chapter, subject to the stated
194     circumstances and limitations, without being licensed under this chapter:
195          (1) an individual serving in the armed forces of the United States, the United States
196     Public Health Service, the United States Department of Veterans Affairs, or any other federal
197     agency while engaged in activities regulated under this chapter as a part of employment with

198     that federal agency if the individual holds a valid private investigator license issued by any
199     other state or jurisdiction recognized by the department; and
200          (2) the spouse of an individual serving in the armed forces of the United States while
201     the individual is stationed within this state, if:
202          (a) the spouse holds a valid private investigator license issued by any other state or
203     jurisdiction recognized by the department; and
204          (b) the license is current and the spouse is in good standing in the state or jurisdiction
205     of licensure.
206          Section 7. Section 53E-6-204 is enacted to read:
207          53E-6-204. Exemptions from licensure.
208          Except as otherwise provided by statute or rule, a spouse of an individual serving in the
209     armed forces of the United States while the individual is stationed within this state may work
210     as an educator without being licensed under this title if:
211          (1) the spouse holds a valid educator license issued by any other state or jurisdiction
212     recognized by the board; and
213          (2) the license is current and the spouse is in good standing in the state or jurisdiction
214     of licensure.
215          Section 8. Section 61-1-32 is enacted to read:
216          61-1-32. Exemptions from licensure.
217          Except as otherwise provided by statute or rule, the following individuals may engage
218     in the practice of an occupation or profession regulated by this chapter, subject to the stated
219     circumstances and limitations, without being licensed under this chapter:
220          (1) an individual licensed under the laws of this state, other than under this chapter, to
221     practice or engage in an occupation or profession, while engaged in the lawful, professional,
222     and competent practice of that occupation or profession;
223          (2) an individual serving in the armed forces of the United States, the United States
224     Public Health Service, the United States Department of Veterans Affairs, or any other federal
225     agency while engaged in activities regulated under this title as a part of employment with that

226     federal agency if the individual holds a valid license to practice the regulated occupation or
227     profession issued by any other state or jurisdiction recognized by the department; and
228          (3) the spouse of an individual serving in the armed forces of the United States while
229     the individual is stationed within this state, if:
230          (a) the spouse holds a valid license to practice the regulated occupation or profession
231     issued by any other state or jurisdiction recognized by the department; and
232          (b) the license is current and the spouse is in good standing in the state or jurisdiction
233     of licensure.
234          Section 9. Section 61-2f-202 is amended to read:
235          61-2f-202. Exempt persons and transactions.
236          (1) (a) Except as provided in Subsection (1)(b), a license under this chapter is not
237     required for:
238          (i) a person who as owner or lessor performs an act described in Subsection
239     61-2f-102(18) with reference to real estate owned or leased by that person;
240          (ii) a regular salaried employee of the owner or lessor of real estate who, with reference
241     to nonresidential real estate owned or leased by the employer, performs an act described in
242     Subsection 61-2f-102(18)(b) or (c);
243          (iii) a regular salaried employee of the owner of real estate who performs property
244     management services with reference to real estate owned by the employer, except that the
245     employee may only manage real estate for one employer;
246          (iv) an individual who performs property management services for the apartments at
247     which that individual resides in exchange for free or reduced rent on that individual's
248     apartment;
249          (v) a regular salaried employee of a condominium homeowners' association who
250     manages real estate subject to the declaration of condominium that established the
251     condominium homeowners' association, except that the employee may only manage real estate
252     for one condominium homeowners' association; and
253          (vi) a regular salaried employee of a licensed property management company or real

254     estate brokerage who performs support services, as prescribed by rule, for the property
255     management company or real estate brokerage.
256          (b) Subsection (1)(a) does not exempt from licensing:
257          (i) an employee engaged in the sale of real estate regulated under:
258          (A) Title 57, Chapter 11, Utah Uniform Land Sales Practices Act; or
259          (B) Title 57, Chapter 19, Timeshare and Camp Resort Act;
260          (ii) an employee engaged in the sale of cooperative interests regulated under Title 57,
261     Chapter 23, Real Estate Cooperative Marketing Act; or
262          (iii) an individual whose interest as an owner or lessor is obtained by that individual or
263     transferred to that individual for the purpose of evading the application of this chapter, and not
264     for another legitimate business reason.
265          (2) A license under this chapter is not required for:
266          (a) an isolated transaction or service by an individual holding an unsolicited, duly
267     executed power of attorney from a property owner;
268          (b) services rendered by an attorney admitted to practice law in this state in performing
269     the attorney's duties as an attorney;
270          (c) a receiver, trustee in bankruptcy, administrator, executor, or an individual acting
271     under order of a court;
272          (d) a trustee or employee of a trustee under a deed of trust or a will;
273          (e) a public utility, officer of a public utility, or regular salaried employee of a public
274     utility, unless performance of an act described in Subsection 61-2f-102(18) is in connection
275     with the sale, purchase, lease, or other disposition of real estate or investment in real estate
276     unrelated to the principal business activity of that public utility;
277          (f) a regular salaried employee or authorized agent working under the oversight of the
278     Department of Transportation when performing an act on behalf of the Department of
279     Transportation in connection with one or more of the following:
280          (i) the acquisition of real estate pursuant to Section 72-5-103;
281          (ii) the disposal of real estate pursuant to Section 72-5-111;

282          (iii) services that constitute property management; or
283          (iv) the leasing of real estate; and
284          (g) a regular salaried employee of a county, city, or town when performing an act on
285     behalf of the county, city, or town:
286          (i) in accordance with:
287          (A) if a regular salaried employee of a city or town:
288          (I) Title 10, Utah Municipal Code; or
289          (II) Title 11, Cities, Counties, and Local Taxing Units; and
290          (B) if a regular salaried employee of a county:
291          (I) Title 11, Cities, Counties, and Local Taxing Units; and
292          (II) Title 17, Counties; and
293          (ii) in connection with one or more of the following:
294          (A) the acquisition of real estate, including by eminent domain;
295          (B) the disposal of real estate;
296          (C) services that constitute property management; or
297          (D) the leasing of real estate.
298          (3) A license under this chapter is not required for an individual registered to act as a
299     broker-dealer, agent, or investment adviser under the Utah and federal securities laws in the
300     sale or the offer for sale of real estate if:
301          (a) (i) the real estate is a necessary element of a "security" as that term is defined by the
302     Securities Act of 1933 and the Securities Exchange Act of 1934; and
303          (ii) the security is registered for sale in accordance with:
304          (A) the Securities Act of 1933; or
305          (B) Title 61, Chapter 1, Utah Uniform Securities Act; or
306          (b) (i) it is a transaction in a security for which a Form D, described in 17 C.F.R. Sec.
307     239.500, has been filed with the Securities and Exchange Commission pursuant to Regulation
308     D, Rule 506, 17 C.F.R. Sec. 230.506; and
309          (ii) the selling agent and the purchaser are not residents of this state.

310          (4) Except as otherwise provided by statute or rule, the following individuals may
311     engage in the practice of an occupation or profession regulated by this chapter, subject to the
312     stated circumstances and limitations, without being licensed under this chapter:
313          (a) an individual licensed under the laws of this state, other than under this chapter, to
314     practice or engage in an occupation or profession, while engaged in the lawful, professional,
315     and competent practice of that occupation or profession;
316          (b) an individual serving in the armed forces of the United States, the United States
317     Public Health Service, the United States Department of Veterans Affairs, or any other federal
318     agency while engaged in activities regulated under this title as a part of employment with that
319     federal agency if the individual holds a valid license to practice the regulated occupation or
320     profession issued by any other state or jurisdiction recognized by the department; and
321          (c) the spouse of an individual serving in the armed forces of the United States while
322     the individual is stationed within this state, if:
323          (i) the spouse holds a valid license to practice the regulated occupation or profession
324     issued by any other state or jurisdiction recognized by the department; and
325          (ii) the license is current and the spouse is in good standing in the state or jurisdiction
326     of licensure.
327          [(4)] (5) As used in this section, "owner" does not include:
328          (a) a person who holds an option to purchase real property;
329          (b) a mortgagee;
330          (c) a beneficiary under a deed of trust;
331          (d) a trustee under a deed of trust; or
332          (e) a person who owns or holds a claim that encumbers any real property or an
333     improvement to the real property.
334          [(5)] (6) The commission, with the concurrence of the division, may provide, by rule
335     made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
336     circumstances under which a person or transaction qualifies for an exemption that is described
337     in this section.

338