Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 214 (2021GS)

Sponsor

Sen. Cullimore, K. A.

Final action

Governor Signed 3/22/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• removes the provision that English is the sole language for the government in the state of Utah;
• removes the provision requiring all official government documents, transactions, proceedings, meetings, or publications to be in English;
• removes provisions relating to the return of state funds appropriated or designated for the printing or translation of materials or the provision of services or information in a language other than English; and
• makes technical changes.

Every vote on this bill

Bill text

OFFICIAL LANGUAGE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kirk A. Cullimore
House Sponsor: 
Mike Schultz
LONG TITLE
General Description:
This bill removes provisions relating to English being the sole language of government
in Utah.
Highlighted Provisions:
This bill:
▸ removes the provision that English is the sole language for the government in the
state of Utah;
▸ removes the provision requiring 
all official government documents, transactions,
proceedings, meetings, or publications to be in English;
▸ removes provisions relating to 
the return of state funds appropriated or designated
for the printing or translation of materials or the provision of services or information
in a language other than English; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-1-311
, as enacted by Laws of Utah 2019, Chapter 117
58-11a-302
, as last amended by Laws of Utah 2020, Chapter 339
63G-1-201
, as last amended by Laws of Utah 2020, Chapter 134
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-1-311
 is amended to read:
58-1-311.
Required examinations in languages in addition to English.
In order to encourage economic development in the state [
in accordance with
Subsection 
63G-1-201
(4)(e)
], the department may offer any required examination under this
title, which is prepared by a national testing organization, in languages in addition to English.
Section 2. Section 
58-11a-302
 is amended to read:
58-11a-302.
Qualifications for licensure.
(1) Each applicant for licensure as a barber 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
;
(c) provide satisfactory documentation of:
(i) graduation from a licensed or recognized barber school, or a licensed or recognized
cosmetology/barber school, whose curriculum consists of a minimum of 1,000 hours of
instruction, or the equivalent number of credit hours, over a period of not less than 25 weeks;
(ii) (A) graduation from a recognized barber school located in a state other than Utah
whose curriculum consists of less than 1,000 hours of instruction or the equivalent number of
credit hours; and
(B) practice as a licensed barber in a state other than Utah for not less than the number
of hours required to equal 1,000 total hours when added to the hours of instruction described in
Subsection (1)(c)(ii)(A); or
(iii) completion of an approved barber apprenticeship; and
(d) meet the examination requirement established by rule.
(2) Each applicant for licensure as a barber instructor shall:
(a) submit an application in a form prescribed by the division;
(b) subject to Subsection (24), pay a fee determined by the department under Section
63J-1-504
;
(c) provide satisfactory documentation that the applicant is currently licensed as a
barber;
(d) provide satisfactory documentation of completion of:
(i) an instructor training program conducted by a licensed or recognized school, as
defined by rule, consisting of a minimum of 250 hours or the equivalent number of credit
hours;
(ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
recognized school, as defined by rule, consisting of a minimum of 250 hours or the equivalent
number of credit hours; or
(iii) a minimum of 2,000 hours of experience as a barber; and
(e) meet the examination requirement established by rule.
(3) Each applicant for licensure as a barber school 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) provide satisfactory documentation:
(i) of appropriate registration with the Division of Corporations and Commercial Code;
(ii) of business licensure from the city, town, or county in which the school is located;
(iii) that the applicant's physical facilities comply with the requirements established by
rule; and
(iv) that the applicant meets:
(A) the standards for barber schools, including staff and accreditation requirements,
established by rule; and
(B) the requirements for recognition as an institution of postsecondary study as
described in Subsection (22).
(4) Each applicant for licensure as a cosmetologist/barber 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
;
(c) provide satisfactory documentation of:
(i) graduation from a licensed or recognized cosmetology/barber school whose
curriculum consists of a minimum of 1,600 hours of instruction, or the equivalent number of
credit hours, with full flexibility within those hours;
(ii) (A) graduation from a recognized cosmetology/barber school located in a state
other than Utah whose curriculum consists of less than 1,600 hours of instruction, or the
equivalent number of credit hours, with full flexibility within those hours; and
(B) practice as a licensed cosmetologist/barber in a state other than Utah for not less
than the number of hours required to equal 1,600 total hours when added to the hours of
instruction described in Subsection (4)(c)(ii)(A); or
(iii) completion of an approved cosmetology/barber apprenticeship; and
(d) meet the examination requirement established by rule.
(5) Each applicant for licensure as a cosmetologist/barber instructor shall:
(a) submit an application in a form prescribed by the division;
(b) subject to Subsection (24), pay a fee determined by the department under Section
63J-1-504
;
(c) provide satisfactory documentation that the applicant is currently licensed as a
cosmetologist/barber;
(d) provide satisfactory documentation of completion of:
(i) an instructor training program conducted by a licensed or recognized school, as
defined by rule, consisting of a minimum of 400 hours or the equivalent number of credit
hours;
(ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
recognized school, as defined by rule, consisting of a minimum of 400 hours or the equivalent
number of credit hours; or
(iii) a minimum of 3,000 hours of experience as a cosmetologist/barber; and
(e) meet the examination requirement established by rule.
(6) Each applicant for licensure as a cosmetologist/barber school 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) provide satisfactory documentation:
(i) of appropriate registration with the Division of Corporations and Commercial Code;
(ii) of business licensure from the city, town, or county in which the school is located;
(iii) that the applicant's physical facilities comply with the requirements established by
rule; and
(iv) that the applicant meets:
(A) the standards for cosmetology schools, including staff and accreditation
requirements, established by rule; and
(B) the requirements for recognition as an institution of postsecondary study as
described in Subsection (22).
(7) Each applicant for licensure as an electrologist 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
;
(c) provide satisfactory documentation of having graduated from a licensed or
recognized electrology school after completing a curriculum of 600 hours of instruction or the
equivalent number of credit hours; and
(d) meet the examination requirement established by rule.
(8) Each applicant for licensure as an electrologist instructor shall:
(a) submit an application in a form prescribed by the division;
(b) subject to Subsection (24), pay a fee determined by the department under Section
63J-1-504
;
(c) provide satisfactory documentation that the applicant is currently licensed as an
electrologist;
(d) provide satisfactory documentation of completion of:
(i) an instructor training program conducted by a licensed or recognized school, as
defined by rule, consisting of a minimum of 150 hours or the equivalent number of credit
hours;
(ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
recognized school, as defined by rule, consisting of a minimum of 150 hours or the equivalent
number of credit hours; or
(iii) a minimum of 1,000 hours of experience as an electrologist; and
(e) meet the examination requirement established by rule.
(9) Each applicant for licensure as an electrologist school 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) provide satisfactory documentation:
(i) of appropriate registration with the Division of Corporations and Commercial Code;
(ii) of business licensure from the city, town, or county in which the school is located;
(iii) that the applicant's facilities comply with the requirements established by rule; and
(iv) that the applicant meets:
(A) the standards for electrologist schools, including staff, curriculum, and
accreditation requirements, established by rule; and
(B) the requirements for recognition as an institution of postsecondary study as
described in Subsection (22).
(10) Each applicant for licensure as an esthetician 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
;
(c) provide satisfactory documentation of one of the following:
(i) graduation from a licensed or recognized esthetic school or a licensed or recognized
cosmetology/barber school whose curriculum consists of not less than 15 weeks of esthetic
instruction with a minimum of 600 hours or the equivalent number of credit hours;
(ii) completion of an approved esthetician apprenticeship; or
(iii) (A) graduation from a recognized cosmetology/barber school located in a state
other than Utah whose curriculum consists of less than 1,600 hours of instruction, or the
equivalent number of credit hours, with full flexibility within those hours; and
(B) practice as a licensed cosmetologist/barber for not less than the number of hours
required to equal 1,600 total hours when added to the hours of instruction described in
Subsection (10)(c)(iii)(A); and
(d) meet the examination requirement established by division rule.
(11) Each applicant for licensure as a master esthetician 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
;
(c) provide satisfactory documentation of:
(i) completion of at least 1,200 hours of training, or the equivalent number of credit
hours, at a licensed or recognized esthetics school, except that up to 600 hours toward the
1,200 hours may have been completed:
(A) at a licensed or recognized cosmetology/barbering school, if the applicant
graduated from the school and its curriculum consisted of at least 1,600 hours of instruction, or
the equivalent number of credit hours, with full flexibility within those hours; or
(B) at a licensed or recognized cosmetology/barber school located in a state other than
Utah, if the applicant graduated from the school and its curriculum contained full flexibility
within its hours of instruction; or
(ii) completion of an approved master esthetician apprenticeship;
(d) if the applicant will practice lymphatic massage, provide satisfactory
documentation to show completion of 200 hours of training, or the equivalent number of credit
hours, in lymphatic massage as defined by division rule; and
(e) meet the examination requirement established by division rule.
(12) Each applicant for licensure as an esthetician instructor shall:
(a) submit an application in a form prescribed by the division;
(b) subject to Subsection (24), pay a fee determined by the department under Section
63J-1-504
;
(c) provide satisfactory documentation that the applicant is currently licensed as a
master esthetician;
(d) provide satisfactory documentation of completion of:
(i) an instructor training program conducted by a licensed or recognized school, as
defined by rule, consisting of a minimum of 300 hours or the equivalent number of credit
hours;
(ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
recognized school, as defined by rule, consisting of a minimum of 300 hours or the equivalent
number of credit hours; or
(iii) a minimum of 1,000 hours of experience in esthetics; and
(e) meet the examination requirement established by rule.
(13) Each applicant for licensure as an esthetics school 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) provide satisfactory documentation:
(i) of appropriate registration with the Division of Corporations and Commercial Code;
(ii) of business licensure from the city, town, or county in which the school is located;
(iii) that the applicant's physical facilities comply with the requirements established by
rule; and
(iv) that the applicant meets:
(A) the standards for esthetics schools, including staff, curriculum, and accreditation
requirements, established by division rule made in collaboration with the board; and
(B) the requirements for recognition as an institution of postsecondary study as
described in Subsection (22).
(14) Each applicant for licensure as a hair designer 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
;
(c) provide satisfactory documentation of:
(i) graduation from a licensed or recognized cosmetology/barber, hair design, or
barbering school whose curriculum consists of a minimum of 1,200 hours of instruction, or the
equivalent number of credit hours, with full flexibility within those hours;
(ii) (A) graduation from a recognized cosmetology/barber, hair design, or barbering
school located in a state other than Utah whose curriculum consists of less than 1,200 hours of
instruction, or the equivalent number of credit hours, with full flexibility within those hours;
and
(B) practice as a licensed cosmetologist/barber or hair designer in a state other than
Utah for not less than the number of hours required to equal 1,200 total hours when added to
the hours of instruction described in Subsection (14)(c)(ii)(A);
(iii) being a state licensed cosmetologist/barber; or
(iv) completion of an approved hair designer apprenticeship; and
(d) meet the examination requirements established by rule.
(15) Each applicant for licensure as a hair designer instructor shall:
(a) submit an application in a form prescribed by the division;
(b) subject to Subsection (24), pay a fee determined by the department under Section
63J-1-504
;
(c) provide satisfactory documentation that the applicant is currently licensed as a hair
designer or as a cosmetologist/barber;
(d) provide satisfactory documentation of completion of:
(i) an instructor training program conducted by a licensed or recognized school, as
defined by rule, consisting of a minimum of 300 hours or the equivalent number of credit
hours;
(ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
recognized school, as defined by rule, consisting of a minimum of 300 hours or the equivalent
number of credit hours; or
(iii) a minimum of 2,500 hours of experience as a hair designer or as a
cosmetologist/barber; and
(e) meet the examination requirement established by rule.
(16) Each applicant for licensure as a hair design school 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) provide satisfactory documentation:
(i) of appropriate registration with the Division of Corporations and Commercial Code;
(ii) of business licensure from the city, town, or county in which the school is located;
(iii) that the applicant's physical facilities comply with the requirements established by
rule; and
(iv) that the applicant meets:
(A) the standards for a hair design school, including staff and accreditation
requirements, established by rule; and
(B) the requirements for recognition as an institution of postsecondary study as
described in Subsection (22). 
(17) Each applicant for licensure as a nail technician 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
;
(c) provide satisfactory documentation of:
(i) graduation from a licensed or recognized nail technology school, or a licensed or
recognized cosmetology/barber school, whose curriculum consists of not less than 300 hours of
instruction, or the equivalent number of credit hours;
(ii) (A) graduation from a recognized nail technology school located in a state other
than Utah whose curriculum consists of less than 300 hours of instruction or the equivalent
number of credit hours; and
(B) practice as a licensed nail technician in a state other than Utah for not less than the
number of hours required to equal 300 total hours when added to the hours of instruction
described in Subsection (17)(c)(ii)(A); or
(iii) completion of an approved nail technician apprenticeship; and
(d) meet the examination requirement established by division rule.
(18) Each applicant for licensure as a nail technician instructor shall:
(a) submit an application in a form prescribed by the division;
(b) subject to Subsection (24), pay a fee determined by the department under Section
63J-1-504
;
(c) provide satisfactory documentation that the applicant is currently licensed as a nail
technician;
(d) provide satisfactory documentation of completion of:
(i) an instructor training program conducted by a licensed or recognized school, as
defined by rule, consisting of a minimum of 75 hours or the equivalent number of credit hours;
(ii) an on-the-job instructor training program conducted by a licensed instructor at a
licensed or recognized school, as defined by rule, consisting of a minimum of 75 hours or the
equivalent number of credit hours; or
(iii) a minimum of 600 hours of experience in nail technology; and
(e) meet the examination requirement established by rule.
(19) Each applicant for licensure as a nail technology school 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) provide satisfactory documentation:
(i) of appropriate registration with the Division of Corporations and Commercial Code;
(ii) of business licensure from the city, town, or county in which the school is located;
(iii) that the applicant's facilities comply with the requirements established by rule; and
(iv) that the applicant meets:
(A) the standards for nail technology schools, including staff, curriculum, and
accreditation requirements, established by rule; and
(B) the requirements for recognition as an institution of postsecondary study as
described in Subsection (22).
(20) Each applicant for licensure under this chapter whose education in the field for
which a license is sought was completed at a foreign school may satisfy the educational
requirement for licensure by demonstrating, to the satisfaction of the division, the educational
equivalency of the foreign school education with a licensed school under this chapter.
(21) (a) A licensed or recognized school under this section shall accept credit hours
towards graduation for documented, relevant, and substantially equivalent coursework
previously completed by:
(i) a student that did not complete the student's education while attending a different
school; or
(ii) a licensee of any other profession listed in this section, based on the licensee's
schooling, apprenticeship, or experience.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
consistent with this section, the division may make rules governing the acceptance of credit
hours under Subsection (21)(a).
(22) A school licensed or applying for licensure under this chapter shall maintain
recognition as an institution of postsecondary study by meeting the following conditions:
(a) the school shall admit as a regular student only an individual who has earned a
recognized high school diploma or the equivalent of a recognized high school diploma, or who
is beyond the age of compulsory high school attendance as prescribed by Title 53G, Chapter 6,
Part 2, Compulsory Education; and
(b) the school shall be licensed by name, or in the case of an applicant, shall apply for
licensure by name, under this chapter to offer one or more training programs beyond the
secondary level.
(23) A person seeking to qualify for licensure under this chapter by apprenticing in an
approved apprenticeship shall register with the division as described in Section 
58-11a-306
.
(24) The department may only charge a fee to a person applying for licensure as any
type of instructor under this chapter if the person is not a licensed instructor in any other
profession under this chapter.
(25) In order to encourage economic development in the state [
in accordance with
Subsection 
63G-1-201
(4)(e)
], the department may offer any required examination under this
section, which is prepared by a national testing organization, in languages in addition to
English.
Section 3. Section 
63G-1-201
 is amended to read:
63G-1-201.
Official state language.
[
(1)
] English is declared to be the official language of Utah.
[
(2) As the official language of this State, the English language is the sole language of
the government, except as otherwise provided in this section.
]
[
(3) Except as provided in Subsection (4), all official documents, transactions,
proceedings, meetings, or publications issued, conducted, or regulated by, on behalf of, or
representing the state and its political subdivisions shall be in English.
]
[
(4) Languages other than English may be used when required:
]
[
(a) by the United States Constitution, the Utah State Constitution, federal law, or
federal regulation;
]
[
(b) by law enforcement for public health and safety needs;
]
[
(c) by public and higher education systems according to rules made by the State Board
of Education and the State Board of Regents to comply with Subsection (5);
]
[
(d) in judicial proceedings, when necessary to insure that justice is served;
]
[
(e) to promote and encourage tourism and economic development, including the
hosting of international events such as the Olympics;
]
[
(f) by a recreational, scenic, historic, or cultural facility, site, or area that is frequented
by international tourists to:
]
[
(i) inform international tourists about the facility, site, or area; and
]
[
(ii) address the health and safety of international tourists while visiting the facility,
site, or area;
]
[
(g) by libraries to:
]
[
(i) collect and promote foreign language materials; and
]
[
(ii) provide foreign language services and activities; and
]
[
(h) by the Utah Educational Savings Plan established under Title 53B, Chapter 8a,
Utah Educational Savings Plan.
]
[
(5) The State Board of Education and the State Board of Regents shall make rules
governing the use of foreign languages in the public and higher education systems that promote
the following principles:
]
[
(a) non-English speaking children and adults should become able to read, write, and
understand English as quickly as possible;
]
[
(b) foreign language instruction should be encouraged;
]
[
(c) formal and informal programs in English as a Second Language should be
initiated, continued, and expanded; and
]
[
(d) public schools should establish communication with non-English speaking parents
of children within their systems, using a means designed to maximize understanding when
necessary, while encouraging those parents who do not speak English to become more
proficient in English.
]
[
(6) Unless exempted by Subsection (4), all state funds appropriated or designated for
the printing or translation of materials or the provision of services or information in a language
other than English shall be returned to the General Fund.
]
[
(a) Each state agency that has state funds appropriated or designated for the printing or
translation of materials or the provision of services or information in a language other than
English shall:
]
[
(i) notify the Division of Finance that the money exists and the amount of the money;
and
]
[
(ii) return the money to the Division of Finance.
]
[
(b) The Division of Finance shall account for the money and inform the Legislature of
the existence and amount of the money at the beginning of the Legislature's annual general
session.
]
[
(c) The Legislature may appropriate any money received under this section to the State
School Board for use in English as a Second Language programs.
]
[
(7) Nothing in this section affects the ability of government employees, private
businesses, nonprofit organizations, or private individuals to exercise their rights under:
]
[
(a) the First Amendment of the United States Constitution; and
]
[
(b) Utah Constitution, Article 1, Sections 1 and 15.
]
[
(8) If any provision of this section, or the application of any such provision to any
person or circumstance, is held invalid, the remainder of this act shall be given effect without
the invalid provision or application.
]