1     
OFFICIAL LANGUAGE AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kirk A. Cullimore

5     
House Sponsor: Mike Schultz

6     

7     LONG TITLE
8     General Description:
9          This bill removes provisions relating to English being the sole language of government
10     in Utah.
11     Highlighted Provisions:
12          This bill:
13          ▸     removes the provision that English is the sole language for the government in the
14     state of Utah;
15          ▸     removes the provision requiring all official government documents, transactions,
16     proceedings, meetings, or publications to be in English;
17          ▸     removes provisions relating to the return of state funds appropriated or designated
18     for the printing or translation of materials or the provision of services or information
19     in a language other than English; 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          58-1-311, as enacted by Laws of Utah 2019, Chapter 117
28          58-11a-302, as last amended by Laws of Utah 2020, Chapter 339
29          63G-1-201, as last amended by Laws of Utah 2020, Chapter 134
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 58-1-311 is amended to read:
33          58-1-311. Required examinations in languages in addition to English.
34          In order to encourage economic development in the state [in accordance with
35     Subsection 63G-1-201(4)(e)], the department may offer any required examination under this
36     title, which is prepared by a national testing organization, in languages in addition to English.
37          Section 2. Section 58-11a-302 is amended to read:
38          58-11a-302. Qualifications for licensure.
39          (1) Each applicant for licensure as a barber shall:
40          (a) submit an application in a form prescribed by the division;
41          (b) pay a fee determined by the department under Section 63J-1-504;
42          (c) provide satisfactory documentation of:
43          (i) graduation from a licensed or recognized barber school, or a licensed or recognized
44     cosmetology/barber school, whose curriculum consists of a minimum of 1,000 hours of
45     instruction, or the equivalent number of credit hours, over a period of not less than 25 weeks;
46          (ii) (A) graduation from a recognized barber school located in a state other than Utah
47     whose curriculum consists of less than 1,000 hours of instruction or the equivalent number of
48     credit hours; and
49          (B) practice as a licensed barber in a state other than Utah for not less than the number
50     of hours required to equal 1,000 total hours when added to the hours of instruction described in
51     Subsection (1)(c)(ii)(A); or
52          (iii) completion of an approved barber apprenticeship; and
53          (d) meet the examination requirement established by rule.
54          (2) Each applicant for licensure as a barber instructor shall:
55          (a) submit an application in a form prescribed by the division;
56          (b) subject to Subsection (24), pay a fee determined by the department under Section
57     63J-1-504;
58          (c) provide satisfactory documentation that the applicant is currently licensed as a
59     barber;
60          (d) provide satisfactory documentation of completion of:
61          (i) an instructor training program conducted by a licensed or recognized school, as
62     defined by rule, consisting of a minimum of 250 hours or the equivalent number of credit
63     hours;
64          (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
65     recognized school, as defined by rule, consisting of a minimum of 250 hours or the equivalent
66     number of credit hours; or
67          (iii) a minimum of 2,000 hours of experience as a barber; and
68          (e) meet the examination requirement established by rule.
69          (3) Each applicant for licensure as a barber school shall:
70          (a) submit an application in a form prescribed by the division;
71          (b) pay a fee determined by the department under Section 63J-1-504; and
72          (c) provide satisfactory documentation:
73          (i) of appropriate registration with the Division of Corporations and Commercial Code;
74          (ii) of business licensure from the city, town, or county in which the school is located;
75          (iii) that the applicant's physical facilities comply with the requirements established by
76     rule; and
77          (iv) that the applicant meets:
78          (A) the standards for barber schools, including staff and accreditation requirements,
79     established by rule; and
80          (B) the requirements for recognition as an institution of postsecondary study as
81     described in Subsection (22).
82          (4) Each applicant for licensure as a cosmetologist/barber shall:
83          (a) submit an application in a form prescribed by the division;
84          (b) pay a fee determined by the department under Section 63J-1-504;
85          (c) provide satisfactory documentation of:
86          (i) graduation from a licensed or recognized cosmetology/barber school whose
87     curriculum consists of a minimum of 1,600 hours of instruction, or the equivalent number of
88     credit hours, with full flexibility within those hours;
89          (ii) (A) graduation from a recognized cosmetology/barber school located in a state
90     other than Utah whose curriculum consists of less than 1,600 hours of instruction, or the
91     equivalent number of credit hours, with full flexibility within those hours; and
92          (B) practice as a licensed cosmetologist/barber in a state other than Utah for not less
93     than the number of hours required to equal 1,600 total hours when added to the hours of
94     instruction described in Subsection (4)(c)(ii)(A); or
95          (iii) completion of an approved cosmetology/barber apprenticeship; and
96          (d) meet the examination requirement established by rule.
97          (5) Each applicant for licensure as a cosmetologist/barber instructor shall:
98          (a) submit an application in a form prescribed by the division;
99          (b) subject to Subsection (24), pay a fee determined by the department under Section
100     63J-1-504;
101          (c) provide satisfactory documentation that the applicant is currently licensed as a
102     cosmetologist/barber;
103          (d) provide satisfactory documentation of completion of:
104          (i) an instructor training program conducted by a licensed or recognized school, as
105     defined by rule, consisting of a minimum of 400 hours or the equivalent number of credit
106     hours;
107          (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
108     recognized school, as defined by rule, consisting of a minimum of 400 hours or the equivalent
109     number of credit hours; or
110          (iii) a minimum of 3,000 hours of experience as a cosmetologist/barber; and
111          (e) meet the examination requirement established by rule.
112          (6) Each applicant for licensure as a cosmetologist/barber school shall:
113          (a) submit an application in a form prescribed by the division;
114          (b) pay a fee determined by the department under Section 63J-1-504; and
115          (c) provide satisfactory documentation:
116          (i) of appropriate registration with the Division of Corporations and Commercial Code;
117          (ii) of business licensure from the city, town, or county in which the school is located;
118          (iii) that the applicant's physical facilities comply with the requirements established by
119     rule; and
120          (iv) that the applicant meets:
121          (A) the standards for cosmetology schools, including staff and accreditation
122     requirements, established by rule; and
123          (B) the requirements for recognition as an institution of postsecondary study as
124     described in Subsection (22).
125          (7) Each applicant for licensure as an electrologist shall:
126          (a) submit an application in a form prescribed by the division;
127          (b) pay a fee determined by the department under Section 63J-1-504;
128          (c) provide satisfactory documentation of having graduated from a licensed or
129     recognized electrology school after completing a curriculum of 600 hours of instruction or the
130     equivalent number of credit hours; and
131          (d) meet the examination requirement established by rule.
132          (8) Each applicant for licensure as an electrologist instructor shall:
133          (a) submit an application in a form prescribed by the division;
134          (b) subject to Subsection (24), pay a fee determined by the department under Section
135     63J-1-504;
136          (c) provide satisfactory documentation that the applicant is currently licensed as an
137     electrologist;
138          (d) provide satisfactory documentation of completion of:
139          (i) an instructor training program conducted by a licensed or recognized school, as
140     defined by rule, consisting of a minimum of 150 hours or the equivalent number of credit
141     hours;
142          (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
143     recognized school, as defined by rule, consisting of a minimum of 150 hours or the equivalent
144     number of credit hours; or
145          (iii) a minimum of 1,000 hours of experience as an electrologist; and
146          (e) meet the examination requirement established by rule.
147          (9) Each applicant for licensure as an electrologist school shall:
148          (a) submit an application in a form prescribed by the division;
149          (b) pay a fee determined by the department under Section 63J-1-504; and
150          (c) provide satisfactory documentation:
151          (i) of appropriate registration with the Division of Corporations and Commercial Code;
152          (ii) of business licensure from the city, town, or county in which the school is located;
153          (iii) that the applicant's facilities comply with the requirements established by rule; and
154          (iv) that the applicant meets:
155          (A) the standards for electrologist schools, including staff, curriculum, and
156     accreditation requirements, established by rule; and
157          (B) the requirements for recognition as an institution of postsecondary study as
158     described in Subsection (22).
159          (10) Each applicant for licensure as an esthetician shall:
160          (a) submit an application in a form prescribed by the division;
161          (b) pay a fee determined by the department under Section 63J-1-504;
162          (c) provide satisfactory documentation of one of the following:
163          (i) graduation from a licensed or recognized esthetic school or a licensed or recognized
164     cosmetology/barber school whose curriculum consists of not less than 15 weeks of esthetic
165     instruction with a minimum of 600 hours or the equivalent number of credit hours;
166          (ii) completion of an approved esthetician apprenticeship; or
167          (iii) (A) graduation from a recognized cosmetology/barber school located in a state
168     other than Utah whose curriculum consists of less than 1,600 hours of instruction, or the
169     equivalent number of credit hours, with full flexibility within those hours; and
170          (B) practice as a licensed cosmetologist/barber for not less than the number of hours
171     required to equal 1,600 total hours when added to the hours of instruction described in
172     Subsection (10)(c)(iii)(A); and
173          (d) meet the examination requirement established by division rule.
174          (11) Each applicant for licensure as a master esthetician shall:
175          (a) submit an application in a form prescribed by the division;
176          (b) pay a fee determined by the department under Section 63J-1-504;
177          (c) provide satisfactory documentation of:
178          (i) completion of at least 1,200 hours of training, or the equivalent number of credit
179     hours, at a licensed or recognized esthetics school, except that up to 600 hours toward the
180     1,200 hours may have been completed:
181          (A) at a licensed or recognized cosmetology/barbering school, if the applicant
182     graduated from the school and its curriculum consisted of at least 1,600 hours of instruction, or
183     the equivalent number of credit hours, with full flexibility within those hours; or
184          (B) at a licensed or recognized cosmetology/barber school located in a state other than
185     Utah, if the applicant graduated from the school and its curriculum contained full flexibility
186     within its hours of instruction; or
187          (ii) completion of an approved master esthetician apprenticeship;
188          (d) if the applicant will practice lymphatic massage, provide satisfactory
189     documentation to show completion of 200 hours of training, or the equivalent number of credit
190     hours, in lymphatic massage as defined by division rule; and
191          (e) meet the examination requirement established by division rule.
192          (12) Each applicant for licensure as an esthetician instructor shall:
193          (a) submit an application in a form prescribed by the division;
194          (b) subject to Subsection (24), pay a fee determined by the department under Section
195     63J-1-504;
196          (c) provide satisfactory documentation that the applicant is currently licensed as a
197     master esthetician;
198          (d) provide satisfactory documentation of completion of:
199          (i) an instructor training program conducted by a licensed or recognized school, as
200     defined by rule, consisting of a minimum of 300 hours or the equivalent number of credit
201     hours;
202          (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
203     recognized school, as defined by rule, consisting of a minimum of 300 hours or the equivalent
204     number of credit hours; or
205          (iii) a minimum of 1,000 hours of experience in esthetics; and
206          (e) meet the examination requirement established by rule.
207          (13) Each applicant for licensure as an esthetics school shall:
208          (a) submit an application in a form prescribed by the division;
209          (b) pay a fee determined by the department under Section 63J-1-504; and
210          (c) provide satisfactory documentation:
211          (i) of appropriate registration with the Division of Corporations and Commercial Code;
212          (ii) of business licensure from the city, town, or county in which the school is located;
213          (iii) that the applicant's physical facilities comply with the requirements established by
214     rule; and
215          (iv) that the applicant meets:
216          (A) the standards for esthetics schools, including staff, curriculum, and accreditation
217     requirements, established by division rule made in collaboration with the board; and
218          (B) the requirements for recognition as an institution of postsecondary study as
219     described in Subsection (22).
220          (14) Each applicant for licensure as a hair designer shall:
221          (a) submit an application in a form prescribed by the division;
222          (b) pay a fee determined by the department under Section 63J-1-504;
223          (c) provide satisfactory documentation of:
224          (i) graduation from a licensed or recognized cosmetology/barber, hair design, or
225     barbering school whose curriculum consists of a minimum of 1,200 hours of instruction, or the
226     equivalent number of credit hours, with full flexibility within those hours;
227          (ii) (A) graduation from a recognized cosmetology/barber, hair design, or barbering
228     school located in a state other than Utah whose curriculum consists of less than 1,200 hours of
229     instruction, or the equivalent number of credit hours, with full flexibility within those hours;
230     and
231          (B) practice as a licensed cosmetologist/barber or hair designer in a state other than
232     Utah for not less than the number of hours required to equal 1,200 total hours when added to
233     the hours of instruction described in Subsection (14)(c)(ii)(A);
234          (iii) being a state licensed cosmetologist/barber; or
235          (iv) completion of an approved hair designer apprenticeship; and
236          (d) meet the examination requirements established by rule.
237          (15) Each applicant for licensure as a hair designer instructor shall:
238          (a) submit an application in a form prescribed by the division;
239          (b) subject to Subsection (24), pay a fee determined by the department under Section
240     63J-1-504;
241          (c) provide satisfactory documentation that the applicant is currently licensed as a hair
242     designer or as a cosmetologist/barber;
243          (d) provide satisfactory documentation of completion of:
244          (i) an instructor training program conducted by a licensed or recognized school, as
245     defined by rule, consisting of a minimum of 300 hours or the equivalent number of credit
246     hours;
247          (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
248     recognized school, as defined by rule, consisting of a minimum of 300 hours or the equivalent
249     number of credit hours; or
250          (iii) a minimum of 2,500 hours of experience as a hair designer or as a
251     cosmetologist/barber; and
252          (e) meet the examination requirement established by rule.
253          (16) Each applicant for licensure as a hair design school shall:
254          (a) submit an application in a form prescribed by the division;
255          (b) pay a fee determined by the department under Section 63J-1-504; and
256          (c) provide satisfactory documentation:
257          (i) of appropriate registration with the Division of Corporations and Commercial Code;
258          (ii) of business licensure from the city, town, or county in which the school is located;
259          (iii) that the applicant's physical facilities comply with the requirements established by
260     rule; and
261          (iv) that the applicant meets:
262          (A) the standards for a hair design school, including staff and accreditation
263     requirements, established by rule; and
264          (B) the requirements for recognition as an institution of postsecondary study as
265     described in Subsection (22).
266          (17) Each applicant for licensure as a nail technician shall:
267          (a) submit an application in a form prescribed by the division;
268          (b) pay a fee determined by the department under Section 63J-1-504;
269          (c) provide satisfactory documentation of:
270          (i) graduation from a licensed or recognized nail technology school, or a licensed or
271     recognized cosmetology/barber school, whose curriculum consists of not less than 300 hours of
272     instruction, or the equivalent number of credit hours;
273          (ii) (A) graduation from a recognized nail technology school located in a state other
274     than Utah whose curriculum consists of less than 300 hours of instruction or the equivalent
275     number of credit hours; and
276          (B) practice as a licensed nail technician in a state other than Utah for not less than the
277     number of hours required to equal 300 total hours when added to the hours of instruction
278     described in Subsection (17)(c)(ii)(A); or
279          (iii) completion of an approved nail technician apprenticeship; and
280          (d) meet the examination requirement established by division rule.
281          (18) Each applicant for licensure as a nail technician instructor shall:
282          (a) submit an application in a form prescribed by the division;
283          (b) subject to Subsection (24), pay a fee determined by the department under Section
284     63J-1-504;
285          (c) provide satisfactory documentation that the applicant is currently licensed as a nail
286     technician;
287          (d) provide satisfactory documentation of completion of:
288          (i) an instructor training program conducted by a licensed or recognized school, as
289     defined by rule, consisting of a minimum of 75 hours or the equivalent number of credit hours;
290          (ii) an on-the-job instructor training program conducted by a licensed instructor at a
291     licensed or recognized school, as defined by rule, consisting of a minimum of 75 hours or the
292     equivalent number of credit hours; or
293          (iii) a minimum of 600 hours of experience in nail technology; and
294          (e) meet the examination requirement established by rule.
295          (19) Each applicant for licensure as a nail technology school shall:
296          (a) submit an application in a form prescribed by the division;
297          (b) pay a fee determined by the department under Section 63J-1-504; and
298          (c) provide satisfactory documentation:
299          (i) of appropriate registration with the Division of Corporations and Commercial Code;
300          (ii) of business licensure from the city, town, or county in which the school is located;
301          (iii) that the applicant's facilities comply with the requirements established by rule; and
302          (iv) that the applicant meets:
303          (A) the standards for nail technology schools, including staff, curriculum, and
304     accreditation requirements, established by rule; and
305          (B) the requirements for recognition as an institution of postsecondary study as
306     described in Subsection (22).
307          (20) Each applicant for licensure under this chapter whose education in the field for
308     which a license is sought was completed at a foreign school may satisfy the educational
309     requirement for licensure by demonstrating, to the satisfaction of the division, the educational
310     equivalency of the foreign school education with a licensed school under this chapter.
311          (21) (a) A licensed or recognized school under this section shall accept credit hours
312     towards graduation for documented, relevant, and substantially equivalent coursework
313     previously completed by:
314          (i) a student that did not complete the student's education while attending a different
315     school; or
316          (ii) a licensee of any other profession listed in this section, based on the licensee's
317     schooling, apprenticeship, or experience.
318          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
319     consistent with this section, the division may make rules governing the acceptance of credit
320     hours under Subsection (21)(a).
321          (22) A school licensed or applying for licensure under this chapter shall maintain
322     recognition as an institution of postsecondary study by meeting the following conditions:
323          (a) the school shall admit as a regular student only an individual who has earned a
324     recognized high school diploma or the equivalent of a recognized high school diploma, or who
325     is beyond the age of compulsory high school attendance as prescribed by Title 53G, Chapter 6,
326     Part 2, Compulsory Education; and
327          (b) the school shall be licensed by name, or in the case of an applicant, shall apply for
328     licensure by name, under this chapter to offer one or more training programs beyond the
329     secondary level.
330          (23) A person seeking to qualify for licensure under this chapter by apprenticing in an
331     approved apprenticeship shall register with the division as described in Section 58-11a-306.
332          (24) The department may only charge a fee to a person applying for licensure as any
333     type of instructor under this chapter if the person is not a licensed instructor in any other
334     profession under this chapter.
335          (25) In order to encourage economic development in the state [in accordance with
336     Subsection 63G-1-201(4)(e)], the department may offer any required examination under this
337     section, which is prepared by a national testing organization, in languages in addition to
338     English.
339          Section 3. Section 63G-1-201 is amended to read:
340          63G-1-201. Official state language.
341          [(1)] English is declared to be the official language of Utah.
342          [(2) As the official language of this State, the English language is the sole language of
343     the government, except as otherwise provided in this section.]
344          [(3) Except as provided in Subsection (4), all official documents, transactions,
345     proceedings, meetings, or publications issued, conducted, or regulated by, on behalf of, or
346     representing the state and its political subdivisions shall be in English.]
347          [(4) Languages other than English may be used when required:]
348          [(a) by the United States Constitution, the Utah State Constitution, federal law, or
349     federal regulation;]
350          [(b) by law enforcement for public health and safety needs;]
351          [(c) by public and higher education systems according to rules made by the State Board
352     of Education and the State Board of Regents to comply with Subsection (5);]
353          [(d) in judicial proceedings, when necessary to insure that justice is served;]
354          [(e) to promote and encourage tourism and economic development, including the
355     hosting of international events such as the Olympics;]
356          [(f) by a recreational, scenic, historic, or cultural facility, site, or area that is frequented
357     by international tourists to:]
358          [(i) inform international tourists about the facility, site, or area; and]
359          [(ii) address the health and safety of international tourists while visiting the facility,
360     site, or area;]
361          [(g) by libraries to:]
362          [(i) collect and promote foreign language materials; and]
363          [(ii) provide foreign language services and activities; and]
364          [(h) by the Utah Educational Savings Plan established under Title 53B, Chapter 8a,
365     Utah Educational Savings Plan.]
366          [(5) The State Board of Education and the State Board of Regents shall make rules
367     governing the use of foreign languages in the public and higher education systems that promote
368     the following principles:]
369          [(a) non-English speaking children and adults should become able to read, write, and
370     understand English as quickly as possible;]
371          [(b) foreign language instruction should be encouraged;]
372          [(c) formal and informal programs in English as a Second Language should be
373     initiated, continued, and expanded; and]
374          [(d) public schools should establish communication with non-English speaking parents
375     of children within their systems, using a means designed to maximize understanding when
376     necessary, while encouraging those parents who do not speak English to become more
377     proficient in English.]
378          [(6) Unless exempted by Subsection (4), all state funds appropriated or designated for
379     the printing or translation of materials or the provision of services or information in a language
380     other than English shall be returned to the General Fund.]
381          [(a) Each state agency that has state funds appropriated or designated for the printing or
382     translation of materials or the provision of services or information in a language other than
383     English shall:]
384          [(i) notify the Division of Finance that the money exists and the amount of the money;
385     and]
386          [(ii) return the money to the Division of Finance.]
387          [(b) The Division of Finance shall account for the money and inform the Legislature of
388     the existence and amount of the money at the beginning of the Legislature's annual general
389     session.]
390          [(c) The Legislature may appropriate any money received under this section to the State
391     School Board for use in English as a Second Language programs.]
392          [(7) Nothing in this section affects the ability of government employees, private
393     businesses, nonprofit organizations, or private individuals to exercise their rights under:]
394          [(a) the First Amendment of the United States Constitution; and]
395          [(b) Utah Constitution, Article 1, Sections 1 and 15.]
396          [(8) If any provision of this section, or the application of any such provision to any
397     person or circumstance, is held invalid, the remainder of this act shall be given effect without
398     the invalid provision or application.]