Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 290 First Substitute (2020GS)

Sponsor

Rep. Thurston, N.  (Thurston’s own bill)

Final action

Governor Signed 3/30/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• modifies the Bedding, Upholstered Furniture, and Quilted Clothing Inspection Act to require a permit rather than a license for certain activities;
• changes the Hunting Guides and Outfitters Licensing Act to the Hunting Guides and Outfitters Registration Act;
• repeals provisions creating the Hunting Guides and Outfitters Licensing Board;
• describes the requirements for an individual to register as, and the requirements for providing the services of, a hunting guide or outfitter; and
• makes technical changes.

Every vote on this bill

Bill text

OCCUPATIONAL LICENSING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Norman K. Thurston
Senate Sponsor: 
Wayne A. Harper
LONG TITLE
General Description:
This bill modifies the licensing and registration requirements of certain professions.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ modifies the Bedding, Upholstered Furniture, and Quilted Clothing Inspection Act
to require a permit rather than a license for certain activities;
▸ changes the Hunting Guides and Outfitters Licensing Act to the Hunting Guides and
Outfitters Registration Act;
▸ repeals provisions creating the Hunting Guides and Outfitters Licensing Board;
▸ describes the requirements for an individual to register as, and the requirements for
providing the services of, a hunting guide or outfitter; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-10-104
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-10-105
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-10-106
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-10-110
, as last amended by Laws of Utah 2017, Chapter 77 and renumbered and
amended by Laws of Utah 2017, Chapter 345 and last amended by Coordination
Clause, Laws of Utah 2017, Chapter 345
58-79-101
, as enacted by Laws of Utah 2009, Chapter 52
58-79-102
, as last amended by Laws of Utah 2010, Chapter 326
58-79-301
, as enacted by Laws of Utah 2009, Chapter 52
58-79-302
, as enacted by Laws of Utah 2009, Chapter 52
58-79-303
, as enacted by Laws of Utah 2009, Chapter 52
58-79-304
, as enacted by Laws of Utah 2009, Chapter 52
58-79-401
, as enacted by Laws of Utah 2009, Chapter 52
58-79-501
, as last amended by Laws of Utah 2010, Chapter 326
58-79-502
, as enacted by Laws of Utah 2009, Chapter 52
REPEALS:
58-79-201
, as last amended by Laws of Utah 2018, Chapter 318
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-10-104
 is amended to read:
4-10-104.
Manufacture, repair, or wholesale sale of bedding, upholstered
furniture, quilted clothing, or filling material -- License required.
It is unlawful for any person to engage in the manufacture, repair, or wholesale sale of
any bedding, upholstered furniture, quilted clothing, or filling material without a [
license
]
permit
 issued by the department.
Section 2. Section 
4-10-105
 is amended to read:
4-10-105.
Registration -- Permit -- Fees -- Expiration -- Renewal.
(1) (a) A person [
may apply to the
] 
may register with the
 department, on [
forms
] 
a
form
 prescribed and furnished by the department, for a [
license
] 
permit
 to manufacture, repair,
sterilize, or engage in the wholesale sale of bedding, upholstered furniture, quilted clothing, or
filling material.
(b) Upon receipt of a proper [
application
] 
registration form
 and payment of the
appropriate [
license
] 
registration
 fee, the commissioner, if satisfied that the convenience and
necessity of the industry and the public will be served, shall issue to the applicant a [
license
]
permit
 to engage in the particular activity through December 31 of the year in which the
[
license
] 
permit
 is issued, subject to suspension or revocation 
of the permit
 for cause.
(c) A person doing business under more than one name shall [
be licensed
] 
register with
and obtain a permit from the department
 for each name under which business is conducted.
(2) The annual [
license
] 
registration
 fee for each [
license
] 
permit
 issued under this
chapter shall be determined by the department pursuant to Subsection 
4-2-103
(2).
(3) Each [
license
] 
permit
 issued under this chapter is renewable for a period of one year
upon the payment of the applicable amount for the particular [
license
] 
permit
 sought to be
renewed on or before December 31 of each year.
(4) A person who holds a valid manufacturer's [
license may, upon application, be
licensed
] 
permit may register and obtain a permit
 as a wholesale dealer without the payment of
an additional [
license
] 
registration
 fee.
(5) A person who fails to renew a [
license
] 
permit
 and engages in conduct requiring a
[
license
] 
permit
 under this chapter shall pay the applicable [
license
] 
registration
 fee for each
year in which the person engages in conduct requiring a [
license
] 
permit
 for which [
a license
]
the permit
 is not renewed.
(6) The department may retroactively collect a 
registration
 fee owed under Subsection
(5).
Section 3. Section 
4-10-106
 is amended to read:
4-10-106.
Unlawful acts specified.
It is unlawful for any person to:
(1) sell bedding, upholstered furniture, quilted clothing, or filling material as new
unless it is made from new material and properly tagged;
(2) sell bedding, upholstered furniture, quilted clothing or filling material made from
secondhand material which is not properly tagged;
(3) label or sell a used or secondhand article as if it were a new article;
(4) use burlap or other material which has been used for packing or baling, or to use
any unsanitary, filthy, or vermin or insect infected filling material in the manufacture or repair
of any article;
(5) sell bedding, upholstered furniture, quilted clothing or filling material which is not
properly tagged regardless of point of origin;
(6) use any false or misleading statement, term, or designation on any tag;
(7) use any false or misleading label;
(8) sell new bedding, upholstered furniture, or quilted clothing with filling material
made of down, feather, wool, or hair that has not been properly sterilized; or
(9) engage in the manufacture, repair, sterilization, or wholesale sale of bedding,
upholstered furniture, quilted clothing, or filling material without a [
license
] 
permit issued by
the department
 as required by this chapter.
Section 4. Section 
4-10-110
 is amended to read:
4-10-110.
Sale of bedding, upholstered furniture, quilted clothing, or filling
material -- Tag, stamp, or stencil required -- Secondhand material to bear tag --
Presumption -- Owner's own material to be tagged.
(1) A wholesaler or retailer may sell bedding, upholstered furniture, quilted clothing, or
prefabricated filling if it is properly tagged, stamped, or stenciled under Section 
4-10-107
 or
4-10-109
.
(2) Notwithstanding the requirements of Section 
4-10-107
, a retailer who sells [
used
articles
] 
used bedding or upholstered furniture
 shall:
(a) attach a secondhand material tag to each used article before sale; or
(b) clearly display a disclosure statement as provided in Subsection (3).
(3) The disclosure statement required under Subsection (2)(b) shall:
(a) state "ALL [
ITEMS
] 
BEDDING AND UPHOLSTERED FURNITURE
 OFFERED
FOR SALE IN THIS ESTABLISHMENT ARE SECONDHAND UNLESS SPECIFICALLY
LABELED AS NEW";
(b) be printed:
(i) in black capital letters using Arial, Calibri, Cambria, or Times New Roman in no
smaller than 48-point font; and
(ii) on bright yellow paper, at least 8.5 inches by 6.5 inches in size; and
(c) be displayed at each public entrance and checkstand at each retail location.
(4) Possession of an article by a person who regularly engages in the manufacture,
repair, wholesale, or supply of such articles is presumptive evidence of intent to sell.
(5) (a) A person who repairs "owner's own material" shall immediately upon its receipt
attach an owner's material tag to the article.
(b) The tag shall remain attached to the article until it is actually in the process of
repair and shall be reattached upon completion of repair.
Section 5. Section 
58-79-101
 is amended to read:
CHAPTER 79. HUNTING GUIDES AND OUTFITTERS REGISTRATION ACT
58-79-101.
Title.
This chapter is known as the "Hunting Guides and Outfitters [
Licensing
] 
Registration
Act."
Section 6. Section 
58-79-102
 is amended to read:
58-79-102.
Definitions.
In addition to the definitions in Section 
58-1-102
, as used in this chapter:
[
(1) "Board" means the Hunting Guides and Outfitters Licensing Board created in
Section 
58-79-201
.
]
[
(2)
] 
(1)
 "Compensation" means anything of economic value in excess of $100 that is
paid, loaned, granted, given, donated, or transferred to a hunting guide or outfitter for or in
consideration of personal services, materials, or property.
[
(3)
] 
(2)
 "Hunting" means to locate, pursue, chase, catch, capture, trap, or kill wildlife.
[
(4)
] 
(3)
 "Hunting guide" means an individual who:
(a) offers or provides hunting guide services on public lands for compensation; and
(b) is retained for compensation by an outfitter.
[
(5)
] 
(4)
 "Hunting guide services" means to guide, lead, or assist an individual in
hunting wildlife.
[
(6)
] 
(5)
 "Outfitter" means an individual who offers or provides outfitting or hunting
guide services for compensation to another individual for hunting wildlife on public lands.
[
(7)
] 
(6)
 (a) "Outfitting services" means providing, for hunting wildlife on public lands:
(i) transportation of people, equipment, supplies, or wildlife to or from a location;
(ii) packing, protecting, or supervising services; or
(iii) hunting guide services.
(b) "Outfitting services" does not include activities undertaken by the Division of
Wildlife Resources or its employees, associates, volunteers, contractors, or agents under
authority granted in Title 23, Wildlife Resources Code of Utah.
[
(8)
] 
(7)
 (a) "Public lands" means any lands owned by the United States, the state, or a
political subdivision or independent entity of the state that are open to the public for purposes
of engaging in a wildlife related activity.
(b) "Public lands" does not include lands owned by the United States, the state, or a
political subdivision or independent entity of the state that are included in a cooperative
wildlife management unit under Subsection 
23-23-7
(5) so long as the guiding and outfitting
services furnished by the cooperative wildlife management unit are limited to hunting species
of wildlife specifically authorized by the Division of Wildlife Resources in the unit's
management plan.
[
(9)
] 
(8)
 "Wildlife" means cougar, bear, and big game animals as defined in Subsection
23-13-2
(6).
Section 7. Section 
58-79-301
 is amended to read:
Part 3. Registration
58-79-301.
Registration required.
(1) Beginning [
January 1, 2010
] 
July 1, 2021
, and except as provided in Sections
58-1-307
 and 
58-79-304
, [
a license is required to provide the services of a hunting guide or
outfitter
] 
in order to provide the services of a hunting guide or outfitter, an individual is
required to register with the division under the provisions of this chapter
.
(2) The division shall issue to an individual who qualifies under the provisions of this
chapter [
a license
] 
a registration
 in the classification of:
(a) hunting guide; or
(b) outfitter.
(3) The division shall maintain a record of each individual who is registered with the
division as a hunting guide or outfitter.
Section 8. Section 
58-79-302
 is amended to read:
58-79-302.
Qualifications for registration.
(1) [
An applicant for licensure
] 
To register
 as a hunting guide 
an individual
 shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
; 
and
[
(c) produce satisfactory evidence of good moral character;
]
[
(d) possess a high degree of skill and ability as a hunting guide;
]
[
(e) successfully complete basic education and training requirements established by
rule by the division in collaboration with the board; and
]
[
(f) meet with the division and board if requested by the division or board.
]
(c) in a form prescribed by the division, submit proof that the individual is covered by
liability insurance when providing services as a hunting guide that is issued by an insurance
company or association authorized to transact business in the state in an amount determined by
division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act.
(2) [
An applicant for licensure
] 
To register
 as an outfitter 
an individual
 shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
; 
and
[
(c) produce satisfactory evidence of good moral character;
]
[
(d) possess a high degree of skill and ability as an outfitter;
]
[
(e) successfully complete basic education and training requirements established by
rule by the division in collaboration with the board; and
]
[
(f) meet with the division and board if requested by the division or board.
]
(c) in a form prescribed by the division, submit proof that the individual is covered by
liability insurance when providing services as an outfitter that is issued by an insurance
company or association authorized to transact business in the state in an amount determined by
division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act.
Section 9. Section 
58-79-303
 is amended to read:
58-79-303.
Term of registration -- Expiration -- Renewal.
(1) [
(a)
] The division shall issue [
each license
] 
each registration
 under this chapter in
accordance with a two-year renewal cycle established by rule.
[
(b) The division may by rule extend or shorten a renewal cycle by as much as one year
to stagger the renewal cycle it administers.
]
(2) Each [
license
] 
registration
 automatically expires on the expiration date shown on
the [
license unless the licensee renews it in accordance with
] 
registration unless the registrant
renews the registration in the same manner as a licensee renews a license under
 Section
58-1-308
.
Section 10. Section 
58-79-304
 is amended to read:
58-79-304.
Exemptions from registration.
The exemptions from [
licensure
] 
registration
 under this chapter are limited to:
(1) those set forth 
for a licensee
 in Section 
58-1-307
; and
(2) an employee or subordinate of a hunting guide or outfitter if[
: (a)
] the employee or
subordinate does not use the title of hunting guide or outfitter or is not directly represented to
the public to be legally qualified to engage in the practice of being a hunting guide or outfitter
before the public in this state[
; and
]
.
[
(b) the employee's or subordinate's duties do not include responsible charge.
]
Section 11. Section 
58-79-401
 is amended to read:
58-79-401.
Grounds for denial of registration -- Disciplinary proceedings.
Grounds for refusing to issue a [
license
] 
registration
 to an applicant, for refusing to
renew the [
license of a licensee
] 
registration of a registrant
, for revoking, suspending,
restricting, or placing on probation the [
license of a licensee
] 
registration of a registrant
, for
issuing a public or private reprimand to a [
licensee
] 
registrant
, and for issuing a cease and
desist order under this chapter shall be in accordance with 
the provisions applicable to a
licensee under
 Section 
58-1-401
.
Section 12. Section 
58-79-501
 is amended to read:
58-79-501.
Unlawful conduct.
"Unlawful conduct" includes, in addition to the definition in Section 
58-1-501
, using
the title "hunting guide" or "outfitter" or any other title or designation to indicate that the
individual is a hunting guide or outfitter or acting as a hunting guide or outfitter, unless the
individual [
has a current license
] 
is currently registered
 as a hunting guide or outfitter under
this chapter.
Section 13. Section 
58-79-502
 is amended to read:
58-79-502.
Unprofessional conduct.
"Unprofessional conduct" includes, in addition to the definition in Section 
58-1-501
,
and as may be further defined by 
division
 rule:
(1) engaging in an activity that would place a [
licensee's
] 
registrant's
 client, prospective
client, or third party's safety at risk, recognizing the inherent risks associated with hunting
wildlife and the activity engaged in being above and beyond those inherent risks;
(2) using false, deceptive, or misleading advertising related to providing services as a
hunting guide or outfitter; [
and
]
(3) misrepresenting services, outcomes, facilities, equipment, or fees to a client or
prospective client[
.
]
; and
(4) failing to provide the division with active and current contact information within 30
days of any changes to the registrant's contact information that was provided to the division
during registration or the renewal of registration as a hunting guide or outfitter.
Section 14. 
Repealer.
This bill repeals:
Section 
58-79-201
,
Board.