1     
OCCUPATIONAL LICENSING AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Norman K. Thurston

5     
Senate Sponsor: Wayne A. Harper

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the licensing and registration requirements of certain professions.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     modifies the Bedding, Upholstered Furniture, and Quilted Clothing Inspection Act
14     to require a permit rather than a license for certain activities;
15          ▸     changes the Hunting Guides and Outfitters Licensing Act to the Hunting Guides and
16     Outfitters Registration Act;
17          ▸     repeals provisions creating the Hunting Guides and Outfitters Licensing Board;
18          ▸     describes the requirements for an individual to register as, and the requirements for
19     providing the services of, a hunting guide or outfitter; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          4-10-104, as renumbered and amended by Laws of Utah 2017, Chapter 345
28          4-10-105, as renumbered and amended by Laws of Utah 2017, Chapter 345
29          4-10-106, as renumbered and amended by Laws of Utah 2017, Chapter 345
30          4-10-110, as last amended by Laws of Utah 2017, Chapter 77 and renumbered and
31     amended by Laws of Utah 2017, Chapter 345 and last amended by Coordination
32     Clause, Laws of Utah 2017, Chapter 345
33          58-79-101, as enacted by Laws of Utah 2009, Chapter 52
34          58-79-102, as last amended by Laws of Utah 2010, Chapter 326
35          58-79-301, as enacted by Laws of Utah 2009, Chapter 52
36          58-79-302, as enacted by Laws of Utah 2009, Chapter 52
37          58-79-303, as enacted by Laws of Utah 2009, Chapter 52
38          58-79-304, as enacted by Laws of Utah 2009, Chapter 52
39          58-79-401, as enacted by Laws of Utah 2009, Chapter 52
40          58-79-501, as last amended by Laws of Utah 2010, Chapter 326
41          58-79-502, as enacted by Laws of Utah 2009, Chapter 52
42     REPEALS:
43          58-79-201, as last amended by Laws of Utah 2018, Chapter 318
44     

45     Be it enacted by the Legislature of the state of Utah:
46          Section 1. Section 4-10-104 is amended to read:
47          4-10-104. Manufacture, repair, or wholesale sale of bedding, upholstered
48     furniture, quilted clothing, or filling material -- License required.
49          It is unlawful for any person to engage in the manufacture, repair, or wholesale sale of
50     any bedding, upholstered furniture, quilted clothing, or filling material without a [license]
51     permit issued by the department.
52          Section 2. Section 4-10-105 is amended to read:
53          4-10-105. Registration -- Permit -- Fees -- Expiration -- Renewal.
54          (1) (a) A person [may apply to the] may register with the department, on [forms] a
55     form prescribed and furnished by the department, for a [license] permit to manufacture, repair,
56     sterilize, or engage in the wholesale sale of bedding, upholstered furniture, quilted clothing, or
57     filling material.
58          (b) Upon receipt of a proper [application] registration form and payment of the
59     appropriate [license] registration fee, the commissioner, if satisfied that the convenience and
60     necessity of the industry and the public will be served, shall issue to the applicant a [license]
61     permit to engage in the particular activity through December 31 of the year in which the
62     [license] permit is issued, subject to suspension or revocation of the permit for cause.
63          (c) A person doing business under more than one name shall [be licensed] register with
64     and obtain a permit from the department for each name under which business is conducted.
65          (2) The annual [license] registration fee for each [license] permit issued under this
66     chapter shall be determined by the department pursuant to Subsection 4-2-103(2).
67          (3) Each [license] permit issued under this chapter is renewable for a period of one year
68     upon the payment of the applicable amount for the particular [license] permit sought to be
69     renewed on or before December 31 of each year.
70          (4) A person who holds a valid manufacturer's [license may, upon application, be
71     licensed] permit may register and obtain a permit as a wholesale dealer without the payment of
72     an additional [license] registration fee.
73          (5) A person who fails to renew a [license] permit and engages in conduct requiring a
74     [license] permit under this chapter shall pay the applicable [license] registration fee for each
75     year in which the person engages in conduct requiring a [license] permit for which [a license]
76     the permit is not renewed.
77          (6) The department may retroactively collect a registration fee owed under Subsection
78     (5).
79          Section 3. Section 4-10-106 is amended to read:
80          4-10-106. Unlawful acts specified.
81          It is unlawful for any person to:
82          (1) sell bedding, upholstered furniture, quilted clothing, or filling material as new
83     unless it is made from new material and properly tagged;
84          (2) sell bedding, upholstered furniture, quilted clothing or filling material made from
85     secondhand material which is not properly tagged;
86          (3) label or sell a used or secondhand article as if it were a new article;
87          (4) use burlap or other material which has been used for packing or baling, or to use
88     any unsanitary, filthy, or vermin or insect infected filling material in the manufacture or repair
89     of any article;
90          (5) sell bedding, upholstered furniture, quilted clothing or filling material which is not
91     properly tagged regardless of point of origin;
92          (6) use any false or misleading statement, term, or designation on any tag;
93          (7) use any false or misleading label;
94          (8) sell new bedding, upholstered furniture, or quilted clothing with filling material
95     made of down, feather, wool, or hair that has not been properly sterilized; or
96          (9) engage in the manufacture, repair, sterilization, or wholesale sale of bedding,
97     upholstered furniture, quilted clothing, or filling material without a [license] permit issued by
98     the department as required by this chapter.
99          Section 4. Section 4-10-110 is amended to read:
100          4-10-110. Sale of bedding, upholstered furniture, quilted clothing, or filling
101     material -- Tag, stamp, or stencil required -- Secondhand material to bear tag --
102     Presumption -- Owner's own material to be tagged.
103          (1) A wholesaler or retailer may sell bedding, upholstered furniture, quilted clothing, or
104     prefabricated filling if it is properly tagged, stamped, or stenciled under Section 4-10-107 or
105     4-10-109.
106          (2) Notwithstanding the requirements of Section 4-10-107, a retailer who sells [used
107     articles] used bedding or upholstered furniture shall:
108          (a) attach a secondhand material tag to each used article before sale; or
109          (b) clearly display a disclosure statement as provided in Subsection (3).
110          (3) The disclosure statement required under Subsection (2)(b) shall:
111          (a) state "ALL [ITEMS] BEDDING AND UPHOLSTERED FURNITURE OFFERED
112     FOR SALE IN THIS ESTABLISHMENT ARE SECONDHAND UNLESS SPECIFICALLY
113     LABELED AS NEW";
114          (b) be printed:
115          (i) in black capital letters using Arial, Calibri, Cambria, or Times New Roman in no
116     smaller than 48-point font; and
117          (ii) on bright yellow paper, at least 8.5 inches by 6.5 inches in size; and
118          (c) be displayed at each public entrance and checkstand at each retail location.
119          (4) Possession of an article by a person who regularly engages in the manufacture,
120     repair, wholesale, or supply of such articles is presumptive evidence of intent to sell.
121          (5) (a) A person who repairs "owner's own material" shall immediately upon its receipt
122     attach an owner's material tag to the article.
123          (b) The tag shall remain attached to the article until it is actually in the process of
124     repair and shall be reattached upon completion of repair.
125          Section 5. Section 58-79-101 is amended to read:
126     
CHAPTER 79. HUNTING GUIDES AND OUTFITTERS REGISTRATION ACT

127          58-79-101. Title.
128          This chapter is known as the "Hunting Guides and Outfitters [Licensing] Registration
129     Act."
130          Section 6. Section 58-79-102 is amended to read:
131          58-79-102. Definitions.
132          In addition to the definitions in Section 58-1-102, as used in this chapter:
133          [(1) "Board" means the Hunting Guides and Outfitters Licensing Board created in
134     Section 58-79-201.]
135          [(2)] (1) "Compensation" means anything of economic value in excess of $100 that is
136     paid, loaned, granted, given, donated, or transferred to a hunting guide or outfitter for or in
137     consideration of personal services, materials, or property.
138          [(3)] (2) "Hunting" means to locate, pursue, chase, catch, capture, trap, or kill wildlife.
139          [(4)] (3) "Hunting guide" means an individual who:
140          (a) offers or provides hunting guide services on public lands for compensation; and
141          (b) is retained for compensation by an outfitter.
142          [(5)] (4) "Hunting guide services" means to guide, lead, or assist an individual in
143     hunting wildlife.
144          [(6)] (5) "Outfitter" means an individual who offers or provides outfitting or hunting
145     guide services for compensation to another individual for hunting wildlife on public lands.
146          [(7)] (6) (a) "Outfitting services" means providing, for hunting wildlife on public lands:
147          (i) transportation of people, equipment, supplies, or wildlife to or from a location;
148          (ii) packing, protecting, or supervising services; or
149          (iii) hunting guide services.
150          (b) "Outfitting services" does not include activities undertaken by the Division of
151     Wildlife Resources or its employees, associates, volunteers, contractors, or agents under
152     authority granted in Title 23, Wildlife Resources Code of Utah.
153          [(8)] (7) (a) "Public lands" means any lands owned by the United States, the state, or a
154     political subdivision or independent entity of the state that are open to the public for purposes
155     of engaging in a wildlife related activity.
156          (b) "Public lands" does not include lands owned by the United States, the state, or a
157     political subdivision or independent entity of the state that are included in a cooperative
158     wildlife management unit under Subsection 23-23-7(5) so long as the guiding and outfitting
159     services furnished by the cooperative wildlife management unit are limited to hunting species
160     of wildlife specifically authorized by the Division of Wildlife Resources in the unit's
161     management plan.
162          [(9)] (8) "Wildlife" means cougar, bear, and big game animals as defined in Subsection
163     23-13-2(6).
164          Section 7. Section 58-79-301 is amended to read:
165     
Part 3. Registration

166          58-79-301. Registration required.
167          (1) Beginning [January 1, 2010] July 1, 2021, and except as provided in Sections
168     58-1-307 and 58-79-304, [a license is required to provide the services of a hunting guide or
169     outfitter] in order to provide the services of a hunting guide or outfitter, an individual is
170     required to register with the division under the provisions of this chapter.
171          (2) The division shall issue to an individual who qualifies under the provisions of this
172     chapter [a license] a registration in the classification of:
173          (a) hunting guide; or
174          (b) outfitter.
175          (3) The division shall maintain a record of each individual who is registered with the
176     division as a hunting guide or outfitter.
177          Section 8. Section 58-79-302 is amended to read:
178          58-79-302. Qualifications for registration.
179          (1) [An applicant for licensure] To register as a hunting guide an individual shall:
180          (a) submit an application in a form prescribed by the division;
181          (b) pay a fee determined by the department under Section 63J-1-504; and
182          [(c) produce satisfactory evidence of good moral character;]
183          [(d) possess a high degree of skill and ability as a hunting guide;]
184          [(e) successfully complete basic education and training requirements established by
185     rule by the division in collaboration with the board; and]
186          [(f) meet with the division and board if requested by the division or board.]
187          (c) in a form prescribed by the division, submit proof that the individual is covered by
188     liability insurance when providing services as a hunting guide that is issued by an insurance
189     company or association authorized to transact business in the state in an amount determined by
190     division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
191     Act.
192          (2) [An applicant for licensure] To register as an outfitter an individual shall:
193          (a) submit an application in a form prescribed by the division;
194          (b) pay a fee determined by the department under Section 63J-1-504; and
195          [(c) produce satisfactory evidence of good moral character;]
196          [(d) possess a high degree of skill and ability as an outfitter;]
197          [(e) successfully complete basic education and training requirements established by
198     rule by the division in collaboration with the board; and]
199          [(f) meet with the division and board if requested by the division or board.]
200          (c) in a form prescribed by the division, submit proof that the individual is covered by
201     liability insurance when providing services as an outfitter that is issued by an insurance
202     company or association authorized to transact business in the state in an amount determined by
203     division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
204     Act.
205          Section 9. Section 58-79-303 is amended to read:
206          58-79-303. Term of registration -- Expiration -- Renewal.
207          (1) [(a)] The division shall issue [each license] each registration under this chapter in
208     accordance with a two-year renewal cycle established by rule.
209          [(b) The division may by rule extend or shorten a renewal cycle by as much as one year
210     to stagger the renewal cycle it administers.]
211          (2) Each [license] registration automatically expires on the expiration date shown on
212     the [license unless the licensee renews it in accordance with] registration unless the registrant
213     renews the registration in the same manner as a licensee renews a license under Section
214     58-1-308.
215          Section 10. Section 58-79-304 is amended to read:
216          58-79-304. Exemptions from registration.
217          The exemptions from [licensure] registration under this chapter are limited to:
218          (1) those set forth for a licensee in Section 58-1-307; and
219          (2) an employee or subordinate of a hunting guide or outfitter if[: (a)] the employee or
220     subordinate does not use the title of hunting guide or outfitter or is not directly represented to
221     the public to be legally qualified to engage in the practice of being a hunting guide or outfitter
222     before the public in this state[; and].
223          [(b) the employee's or subordinate's duties do not include responsible charge.]
224          Section 11. Section 58-79-401 is amended to read:
225          58-79-401. Grounds for denial of registration -- Disciplinary proceedings.
226          Grounds for refusing to issue a [license] registration to an applicant, for refusing to
227     renew the [license of a licensee] registration of a registrant, for revoking, suspending,
228     restricting, or placing on probation the [license of a licensee] registration of a registrant, for
229     issuing a public or private reprimand to a [licensee] registrant, and for issuing a cease and
230     desist order under this chapter shall be in accordance with the provisions applicable to a
231     licensee under Section 58-1-401.
232          Section 12. Section 58-79-501 is amended to read:
233          58-79-501. Unlawful conduct.
234          "Unlawful conduct" includes, in addition to the definition in Section 58-1-501, using
235     the title "hunting guide" or "outfitter" or any other title or designation to indicate that the
236     individual is a hunting guide or outfitter or acting as a hunting guide or outfitter, unless the
237     individual [has a current license] is currently registered as a hunting guide or outfitter under
238     this chapter.
239          Section 13. Section 58-79-502 is amended to read:
240          58-79-502. Unprofessional conduct.
241          "Unprofessional conduct" includes, in addition to the definition in Section 58-1-501,
242     and as may be further defined by division rule:
243          (1) engaging in an activity that would place a [licensee's] registrant's client, prospective
244     client, or third party's safety at risk, recognizing the inherent risks associated with hunting
245     wildlife and the activity engaged in being above and beyond those inherent risks;
246          (2) using false, deceptive, or misleading advertising related to providing services as a
247     hunting guide or outfitter; [and]
248          (3) misrepresenting services, outcomes, facilities, equipment, or fees to a client or
249     prospective client[.]; and
250          (4) failing to provide the division with active and current contact information within 30
251     days of any changes to the registrant's contact information that was provided to the division
252     during registration or the renewal of registration as a hunting guide or outfitter.
253          Section 14. Repealer.
254          This bill repeals:
255          Section 58-79-201, Board.