1     
OCCUPATIONAL AND PROFESSIONAL LICENSING

2     
AMENDMENTS

3     
2020 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Wayne A. Harper

6     
House Sponsor: ____________

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          ▸     repeals the State Certification of Court Reporters Act under the Division of
15     Occupational and Professional Licensing Act;
16          ▸     modifies the Court Reporter Act, including by granting rulemaking authority to the
17     Judicial Council to oversee the regulation of court reporters;
18          ▸     changes the Hunting Guides and Outfitters Licensing Act to the Hunting Guides and
19     Outfitters Registration Act;
20          ▸     repeals provisions creating the Hunting Guides and Outfitters Licensing Board;
21          ▸     describes the requirements for an individual to register as, and the requirements for
22     providing the services of, a hunting guide or outfitter; and
23          ▸     makes technical changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:
30          58-79-101, as enacted by Laws of Utah 2009, Chapter 52
31          58-79-102, as last amended by Laws of Utah 2010, Chapter 326
32          58-79-301, as enacted by Laws of Utah 2009, Chapter 52
33          58-79-302, as enacted by Laws of Utah 2009, Chapter 52
34          58-79-303, as enacted by Laws of Utah 2009, Chapter 52
35          58-79-304, as enacted by Laws of Utah 2009, Chapter 52
36          58-79-401, as enacted by Laws of Utah 2009, Chapter 52
37          58-79-501, as last amended by Laws of Utah 2010, Chapter 326
38          58-79-502, as enacted by Laws of Utah 2009, Chapter 52
39          78A-2-402, as last amended by Laws of Utah 2019, Chapter 379
40          78A-2-403, as last amended by Laws of Utah 2019, Chapter 379
41          78A-2-404, as last amended by Laws of Utah 2019, Chapter 379
42          78A-2-408, as last amended by Laws of Utah 2019, Chapter 326
43     REPEALS:
44          58-74-101, as last amended by Laws of Utah 2019, Chapter 379
45          58-74-102, as last amended by Laws of Utah 2019, Chapter 379
46          58-74-301, as last amended by Laws of Utah 2019, Chapter 379
47          58-74-302, as last amended by Laws of Utah 2019, Chapter 379
48          58-74-303, as last amended by Laws of Utah 2019, Chapter 379
49          58-74-401, as last amended by Laws of Utah 2019, Chapter 379
50          58-74-501, as last amended by Laws of Utah 2019, Chapter 379
51          58-74-502, as last amended by Laws of Utah 2019, Chapter 379
52          58-79-201, as last amended by Laws of Utah 2018, Chapter 318
53     

54     Be it enacted by the Legislature of the state of Utah:
55          Section 1. Section 58-79-101 is amended to read:
56     
CHAPTER 79. HUNTING GUIDES AND OUTFITTERS REGISTRATION ACT

57          58-79-101. Title.
58          This chapter is known as the "Hunting Guides and Outfitters [Licensing] Registration
59     Act."
60          Section 2. Section 58-79-102 is amended to read:
61          58-79-102. Definitions.
62          In addition to the definitions in Section 58-1-102, as used in this chapter:
63          [(1) "Board" means the Hunting Guides and Outfitters Licensing Board created in
64     Section 58-79-201.]
65          [(2)] (1) "Compensation" means anything of economic value in excess of $100 that is
66     paid, loaned, granted, given, donated, or transferred to a hunting guide or outfitter for or in
67     consideration of personal services, materials, or property.
68          [(3)] (2) "Hunting" means to locate, pursue, chase, catch, capture, trap, or kill wildlife.
69          [(4)] (3) "Hunting guide" means an individual who:
70          (a) offers or provides hunting guide services on public lands for compensation; and
71          (b) is retained for compensation by an outfitter.
72          [(5)] (4) "Hunting guide services" means to guide, lead, or assist an individual in
73     hunting wildlife.
74          [(6)] (5) "Outfitter" means an individual who offers or provides outfitting or hunting
75     guide services for compensation to another individual for hunting wildlife on public lands.
76          [(7)] (6) (a) "Outfitting services" means providing, for hunting wildlife on public lands:
77          (i) transportation of people, equipment, supplies, or wildlife to or from a location;
78          (ii) packing, protecting, or supervising services; or
79          (iii) hunting guide services.
80          (b) "Outfitting services" does not include activities undertaken by the Division of
81     Wildlife Resources or its employees, associates, volunteers, contractors, or agents under
82     authority granted in Title 23, Wildlife Resources Code of Utah.
83          [(8)] (7) (a) "Public lands" means any lands owned by the United States, the state, or a
84     political subdivision or independent entity of the state that are open to the public for purposes
85     of engaging in a wildlife related activity.
86          (b) "Public lands" does not include lands owned by the United States, the state, or a
87     political subdivision or independent entity of the state that are included in a cooperative
88     wildlife management unit under Subsection 23-23-7(5) so long as the guiding and outfitting
89     services furnished by the cooperative wildlife management unit are limited to hunting species
90     of wildlife specifically authorized by the Division of Wildlife Resources in the unit's
91     management plan.
92          [(9)] (8) "Wildlife" means cougar, bear, and big game animals as defined in Subsection
93     23-13-2(6).
94          Section 3. Section 58-79-301 is amended to read:
95     
Part 3. Registration

96          58-79-301. Registration required.
97          (1) Beginning [January 1, 2010] July 1, 2021, and except as provided in Sections
98     58-1-307 and 58-79-304, [a license is required to provide the services of a hunting guide or
99     outfitter] in order to provide the services of a hunting guide or outfitter, an individual is
100     required to register with the division under the provisions of this chapter.
101          (2) The division shall issue to an individual who qualifies under the provisions of this
102     chapter [a license] a registration in the classification of:
103          (a) hunting guide; or
104          (b) outfitter.
105          (3) The division shall maintain a record of each individual who is registered with the
106     division as a hunting guide or outfitter.
107          Section 4. Section 58-79-302 is amended to read:
108          58-79-302. Qualifications for registration.
109          (1) [An applicant for licensure] To register as a hunting guide 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 a hunting guide;]
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 a hunting guide 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          (2) [An applicant for licensure] To register as an outfitter an individual shall:
123          (a) submit an application in a form prescribed by the division;
124          (b) pay a fee determined by the department under Section 63J-1-504; and
125          [(c) produce satisfactory evidence of good moral character;]
126          [(d) possess a high degree of skill and ability as an outfitter;]
127          [(e) successfully complete basic education and training requirements established by
128     rule by the division in collaboration with the board; and]
129          [(f) meet with the division and board if requested by the division or board.]
130          (c) in a form prescribed by the division, submit proof that the individual is covered by
131     liability insurance when providing services as an outfitter that is issued by an insurance
132     company or association authorized to transact business in the state in an amount determined by
133     division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
134     Act.
135          Section 5. Section 58-79-303 is amended to read:
136          58-79-303. Term of registration -- Expiration -- Renewal.
137          (1) [(a)] The division shall issue [each license] each registration under this chapter in
138     accordance with a two-year renewal cycle established by rule.
139          [(b) The division may by rule extend or shorten a renewal cycle by as much as one year
140     to stagger the renewal cycle it administers.]
141          (2) Each [license] registration automatically expires on the expiration date shown on
142     the [license unless the licensee renews it in accordance with] registration unless the registrant
143     renews the registration in the same manner as a licensee renews a license under Section
144     58-1-308.
145          Section 6. Section 58-79-304 is amended to read:
146          58-79-304. Exemptions from registration.
147          The exemptions from [licensure] registration under this chapter are limited to:
148          (1) those set forth for a licensee in Section 58-1-307; and
149          (2) an employee or subordinate of a hunting guide or outfitter if[: (a)] the employee or
150     subordinate does not use the title of hunting guide or outfitter or is not directly represented to
151     the public to be legally qualified to engage in the practice of being a hunting guide or outfitter
152     before the public in this state[; and].
153          [(b) the employee's or subordinate's duties do not include responsible charge.]
154          Section 7. Section 58-79-401 is amended to read:
155          58-79-401. Grounds for denial of registration -- Disciplinary proceedings.
156          Grounds for refusing to issue a [license] registration to an applicant, for refusing to
157     renew the [license of a licensee] registration of a registrant, for revoking, suspending,
158     restricting, or placing on probation the [license of a licensee] registration of a registrant, for
159     issuing a public or private reprimand to a [licensee] registrant, and for issuing a cease and
160     desist order under this chapter shall be in accordance with the provisions applicable to a
161     licensee under Section 58-1-401.
162          Section 8. Section 58-79-501 is amended to read:
163          58-79-501. Unlawful conduct.
164          "Unlawful conduct" includes, in addition to the definition in Section 58-1-501, using
165     the title "hunting guide" or "outfitter" or any other title or designation to indicate that the
166     individual is a hunting guide or outfitter or acting as a hunting guide or outfitter, unless the
167     individual [has a current license] is currently registered as a hunting guide or outfitter under
168     this chapter.
169          Section 9. Section 58-79-502 is amended to read:
170          58-79-502. Unprofessional conduct.
171          "Unprofessional conduct" includes, in addition to the definition in Section 58-1-501,
172     and as may be further defined by division rule:
173          (1) engaging in an activity that would place a [licensee's] registrant's client, prospective
174     client, or third party's safety at risk, recognizing the inherent risks associated with hunting
175     wildlife and the activity engaged in being above and beyond those inherent risks;
176          (2) using false, deceptive, or misleading advertising related to providing services as a
177     hunting guide or outfitter; [and]
178          (3) misrepresenting services, outcomes, facilities, equipment, or fees to a client or
179     prospective client[.]; and
180          (4) failing to provide the division with active and current contact information within 30
181     days of any changes to the registrant's contact information that was provided to the division
182     during registration or the renewal of registration as a hunting guide or outfitter.
183          Section 10. Section 78A-2-402 is amended to read:
184          78A-2-402. Definitions.
185          As used in this part:
186          (1) ["Certified court] "Court reporter" means a [state certified court reporter as
187     described in Title 58, Chapter 74, State Certification of Court Reporters Act] person authorized
188     in accordance with rules of the Judicial Council to engage in the practice of court reporting.
189          (2) "Official court transcriber" means a person [certified] authorized in accordance
190     with rules of the Judicial Council [as competent] to transcribe into written form an audio or
191     video recording of court proceedings.
192          (3) "Practice of court reporting" means the making of a verbatim record, by
193     stenography or voice writing, of any trial, legislative public hearing, state agency public
194     hearing, deposition, examination before trial, hearing or proceeding before any grand jury,
195     referee, board, commission, master, or arbitrator, or other sworn testimony given under oath.
196          Section 11. Section 78A-2-403 is amended to read:
197          78A-2-403. Appointment of court reporters -- Eligibility.
198          A person may not be appointed to the position of court reporter nor act in the capacity
199     of a court reporter in any court of record of this state, or before any referee, master, board, or
200     commission of this state unless the person [is a state certified court reporter in accordance with
201     the provisions of Title 58, Chapter 74, State Certification of Court Reporters Act] is authorized
202     in accordance with rules of the Judicial Council to engage in the practice of court reporting.
203          Section 12. Section 78A-2-404 is amended to read:
204          78A-2-404. Contract restrictions.
205          (1) (a) Any contract for court reporting services, not related to a particular case or
206     reporting incident, is prohibited between a court reporter or any other person with whom a
207     court reporter has a principal and agency relationship and any attorney, party to an action, or
208     party having a financial interest in an action.
209          (b) Negotiating or bidding reasonable fees, equal to all the parties, on a case-by-case
210     basis [may not be] is not prohibited.
211          (2) A [certified] court reporter is an officer of the court, authorized to administer oaths,
212     whose impartiality shall remain beyond question.
213          (3) This section does not apply to the courts or the administrative tribunals of this state.
214          [(4) Violation of this section shall be considered unprofessional conduct as provided in
215     Section 58-74-102 and 58-74-502, and shall be grounds for revocation of state certification
216     only.]
217          Section 13. Section 78A-2-408 is amended to read:
218          78A-2-408. Transcripts and copies -- Fees.
219          (1) The Judicial Council shall by rule provide for a standard page format for transcripts
220     of court hearings.
221          (2) (a) The fee for a transcript of a court session, or any part of a court session, shall be
222     $4.50 per page, which includes the initial preparation of the transcript and one certified copy.
223     The preparer shall deposit the original text file and printed transcript with the clerk of the court
224     and provide the person requesting the transcript with the certified copy. The cost of additional
225     copies shall be as provided in Subsection 78A-2-301(1). The transcript for an appeal shall be
226     prepared within the time period permitted by the rules of Appellate Procedure. The fee for a
227     transcript prepared within three business days of the request shall be 1-1/2 times the base rate.
228     The fee for a transcript prepared within one business day of the request shall be double the base
229     rate.
230          (b) When a transcript is ordered by the court, the fees shall be paid by the parties to the
231     action in equal proportion or as ordered by the court. The fee for a transcript in a criminal case
232     in which the defendant is found to be indigent shall be paid pursuant to Section 78B-22-302.
233          (3) The fee for the preparation of a transcript of a court hearing by an official court
234     transcriber and the fee for the preparation of the transcript by a [certified] court reporter of a
235     hearing before any court, referee, master, board, or commission of this state shall be as
236     provided in Subsection (2)(a), and shall be payable to the person preparing the transcript.
237     Payment for a transcript under this section is the responsibility of the party requesting the
238     transcript.
239          Section 14. Repealer.
240          This bill repeals:
241          Section 58-74-101, Title.
242          Section 58-74-102, Definitions.
243          Section 58-74-301, State certification required.
244          Section 58-74-302, Qualifications for state certification.
245          Section 58-74-303, Term of state certification -- Expiration -- Renewal.
246          Section 58-74-401, Grounds for denial of state certification -- Disciplinary
247     proceedings.
248          Section 58-74-501, Unlawful conduct.
249          Section 58-74-502, Unprofessional conduct.
250          Section 58-79-201, Board.