Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 149 First Substitute (2020GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/30/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies the Court Reporter Act;
• 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 AND PROFESSIONAL LICENSING
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
Norman K. Thurston
LONG TITLE
General Description:
This bill modifies the licensing, certification, and registration requirements of certain
professions.
Highlighted Provisions:
This bill:
▸ modifies the Court Reporter Act;
▸ 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:
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
78A-2-402
, as last amended by Laws of Utah 2019, Chapter 379
78A-2-404
, as last amended by Laws of Utah 2019, Chapter 379
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 
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 2. 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 3. 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 4. 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 5. 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 6. 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 7. 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 8. 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 9. 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 10. Section 
78A-2-402
 is amended to read:
78A-2-402.
Definitions.
As used in this part:
(1) "Certified court reporter" means a state certified court reporter as described in Title
58, Chapter 74, State Certification of Court Reporters Act.
(2) "Official court transcriber" means a person certified 
and authorized
 in accordance
with rules of the Judicial Council [
as competent
] to transcribe into written form an audio or
video recording of court proceedings. 
Section 11. Section 
78A-2-404
 is amended to read:
78A-2-404.
Contract restrictions.
(1) 
(a)
 Any contract for court reporting services, not related to a particular case or
reporting incident, is prohibited between a court reporter or any other person with whom a
court reporter has a principal and agency relationship and any attorney, party to an action, or
party having a financial interest in an action.
(b)
 Negotiating or bidding reasonable fees, equal to all the parties, on a case-by-case
basis [
may not be
] 
is not
 prohibited.
(2) A certified court reporter is an officer of the court, authorized to administer oaths,
whose impartiality shall remain beyond question.
(3) This section does not apply to the courts or the administrative tribunals of this state.
(4) Violation of this section shall be considered unprofessional conduct as provided in
Section 
58-74-102
 and 
58-74-502
, and shall be grounds for revocation of state certification
only.
Section 12. 
Repealer.
This bill repeals:
Section 
58-79-201
,
Board.