Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 212 First Substitute (2017GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/22/2017

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

This document includes Senate Committee Amendments incorporated into the bill on Fri, Feb 17, 2017 at 9:28 AM by lpoole.
PROFESSIONAL LICENSING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
 Brian M. Greene
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) "Lawful occupation" means a course of conduct, pursuit, or profession that includes
the sale of goods or services that are not illegal to sell, irrespective of whether the individual
selling the goods or services is subject to an occupational regulation.
(4) "License" or "licensing" means a state-granted authorization for a person to engage
in a specified lawful occupation:
(a) based on the person meeting personal qualifications established under state law;
and
(b) where state law requires the authorization before the person may lawfully engage in
the occupation for compensation.
[
(3)
] 
(5)
 "Newly regulate" means to regulate [
under Title 58, Occupations and
Professions, an occupation or profession not regulated under Title 58, Occupations and
Professions,
] 
 by state statute a lawful occupation not regulated by state statute
 before the
enactment of the new regulation.
(6) "Personal qualifications" are criteria established in state law related to a person's
background and may include:
(a) completion of an approved education program;
(b) satisfactory performance on an examination;
(c) work experience; and
(d) completion of continuing education.
[
(4)
] 
(7)
 "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
] 
a lawful occupation
, with or without specific proposed statutory
language; or
(c) proposed legislation to newly regulate [
an occupation or profession
] 
a lawful
occupation
 referred to the committee by another legislative committee.
(8) "State certification" means a state-granted authorization given to a person to use the
term "state certified" as part of a designated title related to engaging in a specified lawful
occupation:
(a) based on the person meeting personal qualifications established under state law;
and
(b) where state law prohibits a noncertified person from using the term "state certified"
as part of a designated title, but does not otherwise prohibit a noncertified person from
engaging in the lawful occupation for compensation.
(9) "State registration" means a state-granted authorization given to a person to use the
term "state registered" as part of a designated title related to engaging in a specified lawful
occupation:
(a) based on the person meeting requirements established under state law, which may
include the person's name and address, the person's agent for service of process, the location of
the activity to be performed, and bond or insurance requirements;
(b) where state law does not require the person to meet any personal qualifications; and
(c) where state law prohibits a nonregistered person from using the term "state
registered" as part of a designated title.
[
(5)
] 
(10)
 "Sunrise review" means a review under this chapter of a proposal to newly
regulate [
an occupation or profession
] 
a lawful occupation
.
[
(6)
] 
(11)
 "Sunset review" means a review under this chapter of a statute[
: (a) regarding
a licensed profession under Title 58, Occupations and Professions; and (b)
] 
regarding a
regulated lawful occupation
 that is scheduled for termination under [
Section 
63I-1-258
] 
Title
63I, Chapter 1, Part 2, Repeal Dates 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
] 
a
lawful occupation
 that is not licensed by the state proposes that the state license or 
newly
regulate [
an occupation or profession
] 
a lawful occupation
, 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) Along with any other information requested by the committee, the application shall
include a description of:
(a) why licensing or other regulation of the lawful occupation is required to protect
against present, recognizable, and significant harm to the health or safety of the public; and
(b) what is the least restrictive regulation of the lawful occupation that would protect
against recognizable and significant harm to the health or safety of the public.
[
(2)
] 
(3)
 If an application is submitted by a representative of [
an occupation or
profession
] 
a lawful occupation
, the application shall include a nonrefundable fee of $500.
[
(3)
] 
(4)
 All application fees shall be deposited [
in
] 
into
 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
occupation or profession under Title 58, Occupations and Professions, that are
] 
regulated
lawful occupation that is
 scheduled for termination under [
Section 
63I-1-258
] 
Title 63I,
Chapter 1, Part 2, Repeal Dates 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 
or other regulation
 matter referred to the committee by the Legislature, the Legislative
Management Committee, or other legislative committee.
(2) (a) The committee may conduct a review or study regarding any occupational or
professional regulation matter.
(b) In conducting a review or study under this Subsection (2), the committee shall
consider if the committee's recommendations would negatively affect the interest of members
of the regulated lawful occupation, including the effect on matters of reciprocity with other
states.
[
(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
] 
lawful occupation
 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
] 
lawful
occupation
 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 lawful occupation, including the effect on
matters of reciprocity with other states;
[
(b)
] 
(c)
 if the committee determines that state regulation of the [
occupation or
profession
] 
lawful occupation
 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
] 
lawful occupation
 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 state certification,
state registration, 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
] 
lawful occupation
:
(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
] 
lawful occupation
 requires knowledge,
skills, and abilities that are:
(i) teachable; and
(ii) testable;
(f) whether the [
occupation or profession
] 
lawful occupation
 is clearly distinguishable
from other [
occupations or professions
] 
lawful occupations
 that are already regulated;
(g) whether the [
occupation or profession
] 
lawful occupation
 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
] 
lawful occupation
 involves the treatment of an
illness, injury, or health care condition; and
(ii) practitioners of the [
occupation or profession
] 
lawful occupation
 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.
(1)
 [
Before the annual written report
] 
As part of the annual report
 described in Section
36-23-106
 [
is submitted for 2013
], the committee shall study 
and make recommendations
regarding
 potentially less restrictive alternatives to licensing for the regulation of [
occupations
and professions
] 
lawful occupations
, 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.
(2) The committee shall study and make recommendations regarding
Ŝ→ [
approximately
20% of
] ←Ŝ
lawful occupations that require a license in the state so that each licensed lawful
occupation is reviewed every five years.
Legislative Review Note
Office of Legislative Research and General Counsel