1     
OCCUPATIONAL AND PROFESSIONAL LICENSURE

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Norman K. Thurston

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Occupational and Professional Licensure Review Committee Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines "health or safety of the public"; and
13          ▸     makes technical changes.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          36-23-101.5, as last amended by Coordination Clause, Laws of Utah 2018, Chapter 307
21     

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 36-23-101.5 is amended to read:
24          36-23-101.5. Definitions.
25          As used in this chapter:
26          (1) "Committee" means the Occupational and Professional Licensure Review
27     Committee created in Section 36-23-102.
28          (2) "Government requestor" means:
29          (a) the governor;
30          (b) an executive branch officer other than the governor;
31          (c) an executive branch agency;
32          (d) a legislator; or
33          (e) a legislative committee.
34          (3) "Health or safety of the public" includes protecting against physical injury, property
35     damage, or financial harm of the public.
36          [(3)] (4) "Lawful occupation" means a course of conduct, pursuit, or profession that
37     includes the sale of goods or services that are not illegal to sell, irrespective of whether the
38     individual selling the goods or services is subject to an occupational regulation.
39          [(4)] (5) "License" or "licensing" means a state-granted authorization for a person to
40     engage in a specified lawful occupation:
41          (a) based on the person meeting personal qualifications established under state law;
42     and
43          (b) where state law requires the authorization before the person may lawfully engage in
44     the occupation for compensation.
45          [(5)] (6) "Newly regulate" means to create by statute or administrative rule a new
46     license, certification, registration, or exemption classification regarding a lawful occupation.
47          [(6)] (7) "Personal qualifications" are criteria established in state law related to a
48     person's background and may include:
49          (a) completion of an approved education program;
50          (b) satisfactory performance on an examination;
51          (c) work experience; and
52          (d) completion of continuing education.
53          [(7)] (8) "Proposal" means:
54          (a) an application submitted under Section 36-23-105, with or without specific
55     proposed statutory language;
56          (b) a request for review by a legislator of the possibility of newly regulating a lawful
57     occupation, with or without specific proposed statutory language; or
58          (c) proposed legislation to newly regulate a lawful occupation referred to the
59     committee by another legislative committee.
60          [(8)] (9) "State certification" means a state-granted authorization given to a person to
61     use the term "state certified" as part of a designated title related to engaging in a specified
62     lawful occupation:
63          (a) based on the person meeting personal qualifications established under state law;
64     and
65          (b) where state law prohibits a noncertified person from using the term "state certified"
66     as part of a designated title, but does not otherwise prohibit a noncertified person from
67     engaging in the lawful occupation for compensation.
68          [(9)] (10) "State registration" means a state-granted authorization given to a person to
69     use the term "state registered" as part of a designated title related to engaging in a specified
70     lawful occupation:
71          (a) based on the person meeting requirements established under state law, which may
72     include the person's name and address, the person's agent for service of process, the location of
73     the activity to be performed, and bond or insurance requirements;
74          (b) where state law does not require the person to meet any personal qualifications; and
75          (c) where state law prohibits a nonregistered person from using the term "state
76     registered" as part of a designated title.
77          [(10)] (11) "Sunrise review" means a review under this chapter of a proposal to newly
78     regulate a lawful occupation.
79          [(11)] (12) "Sunset review" means a review under this chapter of a statute regarding a
80     regulated lawful occupation that is scheduled for termination under Title 63I, Chapter 1, Part 2,
81     Repeal Dates Requiring Committee Review by Title.