Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 94 First Substitute (2017GS)

Sponsor

Rep. Greene, B.

Final action

Governor Signed 3/20/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• modifies the responsibilities of the Occupational and Professional Licensure Review Committee; and
• makes technical changes.

Every vote on this bill

Bill text

OCCUPATIONAL AND PROFESSIONAL LICENSURE
REVIEW COMMITTEE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brian M. Greene
Senate Sponsor: 
Wayne A. Harper
LONG TITLE
General Description:
This bill modifies the Occupational and Professional Licensure Review Committee Act.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ modifies the responsibilities of the Occupational and Professional Licensure Review
Committee; and
▸ makes technical changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
36-23-101.5
, as last amended by Laws of Utah 2013, Chapter 323
36-23-102
, as last amended by Laws of Utah 2013, Chapter 323
36-23-105
, as last amended by Laws of Utah 2013, Chapter 323
36-23-106
, as last amended by Laws of Utah 2013, Chapter 323
36-23-107
, as last amended by Laws of Utah 2013, Chapter 323
36-23-109
, as last amended by Laws of Utah 2014, Chapter 189
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
36-23-101.5
 is amended to read:
36-23-101.5.
Definitions.
As used in this chapter:
(1) "Committee" means the Occupational and Professional Licensure Review
Committee created in Section 
36-23-102
.
(2) "Government requestor" means:
(a) the governor;
(b) an executive branch officer other than the governor;
(c) an executive branch agency;
(d) a legislator; or
(e) a legislative committee.
(3) "Newly regulate" means to [
regulate under Title 58, Occupations and Professions,
an occupation or profession not regulated under Title 58, Occupations and Professions, before
the enactment of the new regulation
] 
create by statute or administrative rule a new license,
certification, registration, or exemption classification regarding an occupation or profession
.
(4) "Proposal" means:
(a) an application submitted under Section 
36-23-105
, with or without specific
proposed statutory language;
(b) a request for review by a legislator of the possibility of newly regulating an
occupation or profession, with or without specific proposed statutory language; or
(c) proposed legislation to newly regulate an occupation or profession referred to the
committee by another legislative committee.
(5) "Sunrise review" means a review under this chapter of a proposal to newly regulate
an occupation or profession.
(6) "Sunset review" means a review under this chapter of a statute:
(a) regarding a [
licensed
] 
regulated occupation or
 profession [
under Title 58,
Occupations and Professions
]; and
(b) that is scheduled for termination under [
Section 
63I-1-258
] 
Title 63I, Chapter 1,
Part 2, Repeal Dates Requiring Committee Review by Title
.
Section 2. Section 
36-23-102
 is amended to read:
36-23-102.
Occupational and Professional Licensure Review Committee.
(1) There is created the Occupational and Professional Licensure Review Committee.
(2) The committee consists of nine members appointed as follows:
(a) three members of the House of Representatives, appointed by the speaker of the
House of Representatives, 
with
 no more than two 
appointees
 from the same political party;
(b) three members of the Senate, appointed by the president of the Senate, 
with
 no
more than two 
appointees
 from the same political party; and
(c) three public members appointed jointly by the speaker of the House of
Representatives and the president of the Senate from the following two groups:
(i) at least one member who has previously served, but is no longer serving, on [
any
]
an
 advisory board created under Title 58, Occupations and Professions; and
(ii) at least one member from the general public who does not hold [
any type of
] 
a
license issued by the Division of Occupational and Professional Licensing.
(3) (a) The speaker of the House of Representatives shall designate a member of the
House of Representatives appointed under Subsection (2)(a) as a cochair of the committee.
(b) The president of the Senate shall designate a member of the Senate appointed under
Subsection (2)(b) as a cochair of the committee.
Section 3. Section 
36-23-105
 is amended to read:
36-23-105.
Applications -- Fees.
(1) If a government requestor or a representative of an occupation or profession that is
not licensed by the state proposes that the state license or 
newly
 regulate an occupation or
profession, the requestor or representative shall, prior to the introduction of any proposed
legislation, submit an application for sunrise review to the Office of Legislative Research and
General Counsel in a form approved by the committee.
(2) If an application is submitted by a representative of an occupation or profession, the
application shall include a nonrefundable fee of $500.
(3) All application fees shall be deposited in the General Fund.
Section 4. Section 
36-23-106
 is amended to read:
36-23-106.
Duties -- Reporting.
(1) The committee shall:
(a) for each application submitted in accordance with Section 
36-23-105
, conduct a
sunrise review in accordance with Section 
36-23-107
 before November 1:
(i) of the year in which the application is submitted, if the application is submitted on
or before July 1; or
(ii) of the year following the year in which the application is submitted, if the
application is submitted after July 1;
(b) (i) conduct a sunset review for [
all statutes
] 
each statute
 regarding a [
licensed
]
regulated
 occupation or profession [
under Title 58, Occupations and Professions, that are
] 
that
is
 scheduled for termination under [
Section 
63I-1-258
] 
Title 63I, Chapter 1, Part 2, Repeal
Dates Requiring Committee Review by Title
;
(ii) conduct a sunset review under this Subsection (1)(b) before November 1 of the year
prior to the last general session of the Legislature that is scheduled to meet before the
scheduled termination date; and
(iii) conduct a review or study regarding any other occupational or professional
licensure matter referred to the committee by the Legislature, the Legislative Management
Committee, or other legislative committee.
(2) (a) For the purpose of making recommendations to the Legislature, the committee
may conduct a review or study of the existing regulations for any occupation or profession.
(b) In conducting a review or study under this Subsection (2), the committee shall:
(i) consider whether state regulation of the occupation or profession is necessary to
address a compelling state interest in protecting against present, recognizable, and significant
harm to the health or safety of the public;
(ii) consider if the committee's recommendations would negatively affect the interests
of members of the regulated occupation or profession, including the effect on matters of
reciprocity with other states; and
(iii) recommend to the Legislature any necessary changes to existing regulations of the
occupation or profession to ensure the regulations are narrowly tailored to protect against
present, recognizable, and significant harm to the health or safety of the public.
[
(2)
] 
(3)
 The committee shall submit an annual written report before November 1 to:
(a) the Legislative Management Committee; and
(b) the Business and Labor Interim Committee.
[
(3)
] 
(4)
 The written report required by Subsection [
(2)
] 
(3)
 shall include:
(a) all findings and recommendations made by the committee in the calendar year; and
(b) a summary report of each review or study conducted by the committee stating:
(i) whether the review or study included a review of specific proposed or existing
statutory language;
(ii) action taken by the committee as a result of the review or study; and
(iii) a record of the vote for each action taken by the committee.
Section 5. Section 
36-23-107
 is amended to read:
36-23-107.
Sunrise or sunset review -- Criteria.
(1) In conducting a sunrise review or a sunset review under this chapter, the committee
may:
(a) receive information from:
(i) representatives of the occupation or profession proposed to be newly regulated or
that is subject to a sunset review;
(ii) the Division of Occupational and Professional Licensing; or
(iii) any other person; and
(b) review a proposal with or without considering proposed statutory language.
(2) When conducting a sunrise review or sunset review under this chapter, the
committee shall:
(a) consider whether state regulation of the occupation or profession is necessary to
address a compelling state interest in protecting against present, recognizable, and significant
harm to the health or safety of the public;
(b) consider if the committee's recommendations to the Legislature would negatively
affect the interests of members of the regulated occupation or profession, including the effect
on matters of reciprocity with other states;
[
(b)
] 
(c)
 if the committee determines that state regulation of the occupation or
profession is not necessary to protect against present, recognizable, and significant harm to the
health or safety of the public, recommend to the Legislature that the state not regulate the
profession;
[
(c)
] 
(d)
 if the committee determines that state regulation of the occupation or
profession is necessary in protecting against present, recognizable, and significant harm to the
health or safety of the public, consider whether
:
(i)
 the proposed or existing statute is narrowly tailored to protect against present,
recognizable, and significant harm to the health or safety of the public; and
(ii) a potentially less restrictive alternative to licensing, including registration,
certification, or exemption, would avoid unnecessary regulation while still protecting the health
and safety of the public; and
[
(d)
] 
(e)
 recommend to the Legislature any necessary changes to the proposed or
existing statute to ensure it is narrowly tailored to protect against present, recognizable, and
significant harm to the health or safety of the public.
(3) In its performance of each sunrise review or sunset review, the committee may
apply the following criteria, to the extent that it is applicable:
(a) whether the unregulated practice of the occupation or profession has clearly harmed
or may harm or endanger the health, safety, or welfare of the public;
(b) whether the potential for harm or endangerment described in Subsection (3)(a) is
easily recognizable and not remote;
(c) whether regulation of the occupation or profession will significantly diminish an
identified risk to the health, safety, or welfare of the public;
(d) whether regulation of the occupation or profession:
(i) imposes significant new economic hardship on the public;
(ii) significantly diminishes the supply of qualified practitioners; or
(iii) otherwise creates barriers to service that are not consistent with the public welfare
or interest;
(e) whether the occupation or profession requires knowledge, skills, and abilities that
are:
(i) teachable; and
(ii) testable;
(f) whether the occupation or profession is clearly distinguishable from other
occupations or professions that are already regulated;
(g) whether the occupation or profession has:
(i) an established code of ethics;
(ii) a voluntary certification program; or
(iii) other measures to ensure a minimum quality of service;
(h) whether:
(i) the occupation or profession involves the treatment of an illness, injury, or health
care condition; and
(ii) practitioners of the occupation or profession will request payment of benefits for
the treatment under an insurance contract subject to Section 
31A-22-618
;
(i) whether the public can be adequately protected by means other than regulation; and
(j) other appropriate criteria as determined by the committee.
Section 6. Section 
36-23-109
 is amended to read:
36-23-109.
Review of state regulation of occupations and professions.
[
Before the annual written report
] 
As part of the annual report
 described in Section
36-23-106
 [
is submitted for 2013
], the committee [
shall
] 
may
 study 
and make
recommendations regarding
 potentially less restrictive alternatives to licensing for the
regulation of occupations and professions, including registration
 [
and
]
,
 certification
, or
exemption,
 if appropriate, that would [
better
] avoid unnecessary regulation [
and intrusion upon
individual liberties by the state,
] while still protecting the health and safety of the public.