1     
OCCUPATIONAL AND PROFESSIONAL LICENSING

2     
AMENDMENTS

3     
2020 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Wayne A. Harper

6     
House Sponsor: Norman K. Thurston

7     

8     LONG TITLE
9     General Description:
10          This bill modifies the licensing, certification, and registration requirements of certain
11     professions.
12     Highlighted Provisions:
13          This bill:
14          ▸     modifies the Court Reporter Act;
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          58-79-101, as enacted by Laws of Utah 2009, Chapter 52
28          58-79-102, as last amended by Laws of Utah 2010, Chapter 326
29          58-79-301, as enacted by Laws of Utah 2009, Chapter 52
30          58-79-302, as enacted by Laws of Utah 2009, Chapter 52
31          58-79-303, as enacted by Laws of Utah 2009, Chapter 52
32          58-79-304, as enacted by Laws of Utah 2009, Chapter 52
33          58-79-401, as enacted by Laws of Utah 2009, Chapter 52
34          58-79-501, as last amended by Laws of Utah 2010, Chapter 326
35          58-79-502, as enacted by Laws of Utah 2009, Chapter 52
36          78A-2-402, as last amended by Laws of Utah 2019, Chapter 379
37          78A-2-404, as last amended by Laws of Utah 2019, Chapter 379
38     REPEALS:
39          58-79-201, as last amended by Laws of Utah 2018, Chapter 318
40     

41     Be it enacted by the Legislature of the state of Utah:
42          Section 1. Section 58-79-101 is amended to read:
43     
CHAPTER 79. HUNTING GUIDES AND OUTFITTERS REGISTRATION ACT

44          58-79-101. Title.
45          This chapter is known as the "Hunting Guides and Outfitters [Licensing] Registration
46     Act."
47          Section 2. Section 58-79-102 is amended to read:
48          58-79-102. Definitions.
49          In addition to the definitions in Section 58-1-102, as used in this chapter:
50          [(1) "Board" means the Hunting Guides and Outfitters Licensing Board created in
51     Section 58-79-201.]
52          [(2)] (1) "Compensation" means anything of economic value in excess of $100 that is
53     paid, loaned, granted, given, donated, or transferred to a hunting guide or outfitter for or in
54     consideration of personal services, materials, or property.
55          [(3)] (2) "Hunting" means to locate, pursue, chase, catch, capture, trap, or kill wildlife.
56          [(4)] (3) "Hunting guide" means an individual who:
57          (a) offers or provides hunting guide services on public lands for compensation; and
58          (b) is retained for compensation by an outfitter.
59          [(5)] (4) "Hunting guide services" means to guide, lead, or assist an individual in
60     hunting wildlife.
61          [(6)] (5) "Outfitter" means an individual who offers or provides outfitting or hunting
62     guide services for compensation to another individual for hunting wildlife on public lands.
63          [(7)] (6) (a) "Outfitting services" means providing, for hunting wildlife on public lands:
64          (i) transportation of people, equipment, supplies, or wildlife to or from a location;
65          (ii) packing, protecting, or supervising services; or
66          (iii) hunting guide services.
67          (b) "Outfitting services" does not include activities undertaken by the Division of
68     Wildlife Resources or its employees, associates, volunteers, contractors, or agents under
69     authority granted in Title 23, Wildlife Resources Code of Utah.
70          [(8)] (7) (a) "Public lands" means any lands owned by the United States, the state, or a
71     political subdivision or independent entity of the state that are open to the public for purposes
72     of engaging in a wildlife related activity.
73          (b) "Public lands" does not include lands owned by the United States, the state, or a
74     political subdivision or independent entity of the state that are included in a cooperative
75     wildlife management unit under Subsection 23-23-7(5) so long as the guiding and outfitting
76     services furnished by the cooperative wildlife management unit are limited to hunting species
77     of wildlife specifically authorized by the Division of Wildlife Resources in the unit's
78     management plan.
79          [(9)] (8) "Wildlife" means cougar, bear, and big game animals as defined in Subsection
80     23-13-2(6).
81          Section 3. Section 58-79-301 is amended to read:
82     
Part 3. Registration

83          58-79-301. Registration required.
84          (1) Beginning [January 1, 2010] July 1, 2021, and except as provided in Sections
85     58-1-307 and 58-79-304, [a license is required to provide the services of a hunting guide or
86     outfitter] in order to provide the services of a hunting guide or outfitter, an individual is
87     required to register with the division under the provisions of this chapter.
88          (2) The division shall issue to an individual who qualifies under the provisions of this
89     chapter [a license] a registration in the classification of:
90          (a) hunting guide; or
91          (b) outfitter.
92          (3) The division shall maintain a record of each individual who is registered with the
93     division as a hunting guide or outfitter.
94          Section 4. Section 58-79-302 is amended to read:
95          58-79-302. Qualifications for registration.
96          (1) [An applicant for licensure] To register as a hunting guide an individual shall:
97          (a) submit an application in a form prescribed by the division;
98          (b) pay a fee determined by the department under Section 63J-1-504; and
99          [(c) produce satisfactory evidence of good moral character;]
100          [(d) possess a high degree of skill and ability as a hunting guide;]
101          [(e) successfully complete basic education and training requirements established by
102     rule by the division in collaboration with the board; and]
103          [(f) meet with the division and board if requested by the division or board.]
104          (c) in a form prescribed by the division, submit proof that the individual is covered by
105     liability insurance when providing services as a hunting guide that is issued by an insurance
106     company or association authorized to transact business in the state in an amount determined by
107     division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
108     Act.
109          (2) [An applicant for licensure] To register as an outfitter an individual shall:
110          (a) submit an application in a form prescribed by the division;
111          (b) pay a fee determined by the department under Section 63J-1-504; and
112          [(c) produce satisfactory evidence of good moral character;]
113          [(d) possess a high degree of skill and ability as an outfitter;]
114          [(e) successfully complete basic education and training requirements established by
115     rule by the division in collaboration with the board; and]
116          [(f) meet with the division and board if requested by the division or board.]
117          (c) in a form prescribed by the division, submit proof that the individual is covered by
118     liability insurance when providing services as an outfitter that is issued by an insurance
119     company or association authorized to transact business in the state in an amount determined by
120     division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
121     Act.
122          Section 5. Section 58-79-303 is amended to read:
123          58-79-303. Term of registration -- Expiration -- Renewal.
124          (1) [(a)] The division shall issue [each license] each registration under this chapter in
125     accordance with a two-year renewal cycle established by rule.
126          [(b) The division may by rule extend or shorten a renewal cycle by as much as one year
127     to stagger the renewal cycle it administers.]
128          (2) Each [license] registration automatically expires on the expiration date shown on
129     the [license unless the licensee renews it in accordance with] registration unless the registrant
130     renews the registration in the same manner as a licensee renews a license under Section
131     58-1-308.
132          Section 6. Section 58-79-304 is amended to read:
133          58-79-304. Exemptions from registration.
134          The exemptions from [licensure] registration under this chapter are limited to:
135          (1) those set forth for a licensee in Section 58-1-307; and
136          (2) an employee or subordinate of a hunting guide or outfitter if[: (a)] the employee or
137     subordinate does not use the title of hunting guide or outfitter or is not directly represented to
138     the public to be legally qualified to engage in the practice of being a hunting guide or outfitter
139     before the public in this state[; and].
140          [(b) the employee's or subordinate's duties do not include responsible charge.]
141          Section 7. Section 58-79-401 is amended to read:
142          58-79-401. Grounds for denial of registration -- Disciplinary proceedings.
143          Grounds for refusing to issue a [license] registration to an applicant, for refusing to
144     renew the [license of a licensee] registration of a registrant, for revoking, suspending,
145     restricting, or placing on probation the [license of a licensee] registration of a registrant, for
146     issuing a public or private reprimand to a [licensee] registrant, and for issuing a cease and
147     desist order under this chapter shall be in accordance with the provisions applicable to a
148     licensee under Section 58-1-401.
149          Section 8. Section 58-79-501 is amended to read:
150          58-79-501. Unlawful conduct.
151          "Unlawful conduct" includes, in addition to the definition in Section 58-1-501, using
152     the title "hunting guide" or "outfitter" or any other title or designation to indicate that the
153     individual is a hunting guide or outfitter or acting as a hunting guide or outfitter, unless the
154     individual [has a current license] is currently registered as a hunting guide or outfitter under
155     this chapter.
156          Section 9. Section 58-79-502 is amended to read:
157          58-79-502. Unprofessional conduct.
158          "Unprofessional conduct" includes, in addition to the definition in Section 58-1-501,
159     and as may be further defined by division rule:
160          (1) engaging in an activity that would place a [licensee's] registrant's client, prospective
161     client, or third party's safety at risk, recognizing the inherent risks associated with hunting
162     wildlife and the activity engaged in being above and beyond those inherent risks;
163          (2) using false, deceptive, or misleading advertising related to providing services as a
164     hunting guide or outfitter; [and]
165          (3) misrepresenting services, outcomes, facilities, equipment, or fees to a client or
166     prospective client[.]; and
167          (4) failing to provide the division with active and current contact information within 30
168     days of any changes to the registrant's contact information that was provided to the division
169     during registration or the renewal of registration as a hunting guide or outfitter.
170          Section 10. Section 78A-2-402 is amended to read:
171          78A-2-402. Definitions.
172          As used in this part:
173          (1) "Certified court reporter" means a state certified court reporter as described in Title
174     58, Chapter 74, State Certification of Court Reporters Act.
175          (2) "Official court transcriber" means a person certified and authorized in accordance
176     with rules of the Judicial Council [as competent] to transcribe into written form an audio or
177     video recording of court proceedings.     
178          Section 11. Section 78A-2-404 is amended to read:
179          78A-2-404. Contract restrictions.
180          (1) (a) Any contract for court reporting services, not related to a particular case or
181     reporting incident, is prohibited between a court reporter or any other person with whom a
182     court reporter has a principal and agency relationship and any attorney, party to an action, or
183     party having a financial interest in an action.
184          (b) Negotiating or bidding reasonable fees, equal to all the parties, on a case-by-case
185     basis [may not be] is not prohibited.
186          (2) A certified court reporter is an officer of the court, authorized to administer oaths,
187     whose impartiality shall remain beyond question.
188          (3) This section does not apply to the courts or the administrative tribunals of this state.
189          (4) Violation of this section shall be considered unprofessional conduct as provided in
190     Section 58-74-102 and 58-74-502, and shall be grounds for revocation of state certification
191     only.
192          Section 12. Repealer.
193          This bill repeals:
194          Section 58-79-201, Board.