Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 376 (2023GS)

Sponsor

Rep. Strong, M.A.

Final action

House/ to Governor 3/13/2023

Outcome

House/ to Governor

Summary

What it does

• This bill:
• prohibits a county, municipality, or local health department from:
• requiring a license or permit to engage in certain cosmetology practices without compensation; and
• regulating where a person engages in certain cosmetology practices without compensation.

Every vote on this bill

Bill text

COSMETOLOGIST REGULATION MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Mark A. Strong
Senate Sponsor: 
 Luz Escamilla
LONG TITLE
General Description:
This bill enacts provisions related to local government regulation of cosmetology.
Highlighted Provisions:
This bill:
▸ prohibits a county, municipality, or local health department from:
• requiring a license or permit to engage in certain cosmetology practices without
compensation; and
• regulating where a person engages in certain cosmetology practices without
compensation.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26A-1-114
, as last amended by Laws of Utah 2022, Chapters 39, 415 and 430
ENACTS:
11-68-101
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
11-68-101
 is enacted to read:
CHAPTER 68. COSMETOLOGY PRACTICES REGULATION
 11-68-101.
Business license exemption for certain uncompensated cosmetology
practices.
(1) As used in this section, "local government entity" means a county or municipality.
(2) A local government entity may not:
(a) require a person to obtain a business license or permit from the local government
entity to engage in a practice described in Subsection 
58-11a-304
(5); or
(b) prevent or limit a person's ability to engage in a practice described in Subsection
58-11a-304
(5) by:
(i) requiring the person to engage in the practice at a specific location or at a particular
type of facility or location; or
(ii) enforcing a regulation applicable to a facility or location where the person chooses
to engage in the practice.
Section 2. Section 
26A-1-114
 is amended to read:
26A-1-114.
Powers and duties of departments.
(1) Subject to Subsections (7), (8), and (11), a local health department may:
(a) subject to the provisions in Section 
26A-1-108
, enforce state laws, local ordinances,
department rules, and local health department standards and regulations relating to public
health and sanitation, including the plumbing code administered by the Division of
Professional Licensing under Title 15A, Chapter 1, Part 2, State Construction Code
Administration Act, and under Title 26, Chapter 15a, Food Safety Manager Certification Act,
in all incorporated and unincorporated areas served by the local health department;
(b) establish, maintain, and enforce isolation and quarantine, and exercise physical
control over property and over individuals as the local health department finds necessary for
the protection of the public health;
(c) establish and maintain medical, environmental, occupational, and other laboratory
services considered necessary or proper for the protection of the public health;
(d) establish and operate reasonable health programs or measures not in conflict with
state law which:
(i) are necessary or desirable for the promotion or protection of the public health and
the control of disease; or
(ii) may be necessary to ameliorate the major risk factors associated with the major
causes of injury, sickness, death, and disability in the state;
(e) close theaters, schools, and other public places and prohibit gatherings of people
when necessary to protect the public health;
(f) abate nuisances or eliminate sources of filth and infectious and communicable
diseases affecting the public health and bill the owner or other person in charge of the premises
upon which this nuisance occurs for the cost of abatement;
(g) make necessary sanitary and health investigations and inspections on the local
health department's own initiative or in cooperation with the Department of Health [
or
] 
and
Human Services or the Department of
 Environmental Quality, or both, as to any matters
affecting the public health;
(h) pursuant to county ordinance or interlocal agreement:
(i) establish and collect appropriate fees for the performance of services and operation
of authorized or required programs and duties;
(ii) accept, use, and administer all federal, state, or private donations or grants of funds,
property, services, or materials for public health purposes; and
(iii) make agreements not in conflict with state law which are conditional to receiving a
donation or grant;
(i) prepare, publish, and disseminate information necessary to inform and advise the
public concerning:
(i) the health and wellness of the population, specific hazards, and risk factors that may
adversely affect the health and wellness of the population; and
(ii) specific activities individuals and institutions can engage in to promote and protect
the health and wellness of the population;
(j) investigate the causes of morbidity and mortality;
(k) issue notices and orders necessary to carry out this part;
(l) conduct studies to identify injury problems, establish injury control systems,
develop standards for the correction and prevention of future occurrences, and provide public
information and instruction to special high risk groups;
(m) cooperate with boards created under Section 
19-1-106
 to enforce laws and rules
within the jurisdiction of the boards;
(n) cooperate with the state health department, the Department of Corrections, the
Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
Victim Reparations Board to conduct testing for HIV infection of alleged sexual offenders,
convicted sexual offenders, and any victims of a sexual offense;
(o) investigate suspected bioterrorism and disease pursuant to Section 
26-23b-108
; and
(p) provide public health assistance in response to a national, state, or local emergency,
a public health emergency as defined in Section 
26-23b-102
, or a declaration by the President
of the United States or other federal official requesting public health-related activities.
(2) The local health department shall:
(a) establish programs or measures to promote and protect the health and general
wellness of the people within the boundaries of the local health department;
(b) investigate infectious and other diseases of public health importance and implement
measures to control the causes of epidemic and communicable diseases and other conditions
significantly affecting the public health which may include involuntary testing of alleged sexual
offenders for the HIV infection pursuant to Section 
53-10-802
 and voluntary testing of victims
of sexual offenses for HIV infection pursuant to Section 
53-10-803
;
(c) cooperate with the department in matters pertaining to the public health and in the
administration of state health laws; and
(d) coordinate implementation of environmental programs to maximize efficient use of
resources by developing with the Department of Environmental Quality a Comprehensive
Environmental Service Delivery Plan which:
(i) recognizes that the Department of Environmental Quality and local health
departments are the foundation for providing environmental health programs in the state;
(ii) delineates the responsibilities of the department and each local health department
for the efficient delivery of environmental programs using federal, state, and local authorities,
responsibilities, and resources;
(iii) provides for the delegation of authority and pass through of funding to local health
departments for environmental programs, to the extent allowed by applicable law, identified in
the plan, and requested by the local health department; and
(iv) is reviewed and updated annually.
(3) The local health department has the following duties regarding public and private
schools within the local health department's boundaries:
(a) enforce all ordinances, standards, and regulations pertaining to the public health of
persons attending public and private schools;
(b) exclude from school attendance any person, including teachers, who is suffering
from any communicable or infectious disease, whether acute or chronic, if the person is likely
to convey the disease to those in attendance; and
(c) (i) make regular inspections of the health-related condition of all school buildings
and premises;
(ii) report the inspections on forms furnished by the department to those responsible for
the condition and provide instructions for correction of any conditions that impair or endanger
the health or life of those attending the schools; and
(iii) provide a copy of the report to the department at the time the report is made.
(4) If those responsible for the health-related condition of the school buildings and
premises do not carry out any instructions for corrections provided in a report in Subsection
(3)(c), the local health board shall cause the conditions to be corrected at the expense of the
persons responsible.
(5) The local health department may exercise incidental authority as necessary to carry
out the provisions and purposes of this part.
(6) Nothing in this part may be construed to authorize a local health department to
enforce an ordinance, rule, or regulation requiring the installation or maintenance of a carbon
monoxide detector in a residential dwelling against anyone other than the occupant of the
dwelling.
(7) (a) Except as provided in Subsection (7)(c), a local health department may not
declare a public health emergency or issue an order of constraint until the local health
department has provided notice of the proposed action to the chief executive officer of the
relevant county no later than 24 hours before the local health department issues the order or
declaration.
(b) The local health department:
(i) shall provide the notice required by Subsection (7)(a) using the best available
method under the circumstances as determined by the local health department;
(ii) may provide the notice required by Subsection (7)(a) in electronic format; and
(iii) shall provide the notice in written form, if practicable.
(c) (i) Notwithstanding Subsection (7)(a), a local health department may declare a
public health emergency or issue an order of constraint without approval of the chief executive
officer of the relevant county if the passage of time necessary to obtain approval of the chief
executive officer of the relevant county as required in Subsection (7)(a) would substantially
increase the likelihood of loss of life due to an imminent threat.
(ii) If a local health department declares a public health emergency or issues an order
of constraint as described in Subsection (7)(c)(i), the local health department shall notify the
chief executive officer of the relevant county before issuing the order of constraint.
(iii) The chief executive officer of the relevant county may terminate a declaration of a
public health emergency or an order of constraint issued as described in Subsection (7)(c)(i)
within 72 hours of declaration of the public health emergency or issuance of the order of
constraint.
(d) (i) The relevant county governing body may at any time terminate a public health
emergency or an order of constraint issued by the local health department by majority vote of
the county governing body in response to a declared public health emergency.
(ii) A vote by the relevant county governing body to terminate a public health
emergency or an order of constraint as described in Subsection (7)(d)(i) is not subject to veto
by the relevant chief executive officer.
(8) (a) Except as provided in Subsection (8)(b), a public health emergency declared by
a local health department expires at the earliest of:
(i) the local health department or the chief executive officer of the relevant county
finding that the threat or danger has passed or the public health emergency reduced to the
extent that emergency conditions no longer exist;
(ii) 30 days after the date on which the local health department declared the public
health emergency; or
(iii) the day on which the public health emergency is terminated by majority vote of the
county governing body.
(b) (i) The relevant county legislative body, by majority vote, may extend a public
health emergency for a time period designated by the county legislative body.
(ii) If the county legislative body extends a public health emergency as described in
Subsection (8)(b)(i), the public health emergency expires on the date designated by the county
legislative body.
(c) Except as provided in Subsection (8)(d), if a public health emergency declared by a
local health department expires as described in Subsection (8)(a), the local health department
may not declare a public health emergency for the same illness or occurrence that precipitated
the previous public health emergency declaration.
(d) (i) Notwithstanding Subsection (8)(c), subject to Subsection (8)(f), if the local
health department finds that exigent circumstances exist, after providing notice to the county
legislative body, the department may declare a new public health emergency for the same
illness or occurrence that precipitated a previous public health emergency declaration.
(ii) A public health emergency declared as described in Subsection (8)(d)(i) expires in
accordance with Subsection (8)(a) or (b).
(e) For a public health emergency declared by a local health department under this
chapter or under Title 26, Chapter 23b, Detection of Public Health Emergencies Act, the
Legislature may terminate by joint resolution a public health emergency that was declared
based on exigent circumstances or that has been in effect for more than 30 days.
(f) If the Legislature or county legislative body terminates a public health emergency
declared due to exigent circumstances as described in Subsection (8)(d)(i), the local health
department may not declare a new public health emergency for the same illness, occurrence, or
exigent circumstances.
(9) (a) During a public health emergency declared under this chapter or under Title 26,
Chapter 23b, Detection of Public Health Emergencies Act:
(i) except as provided in Subsection (9)(b), a local health department may not issue an
order of constraint without approval of the chief executive officer of the relevant county;
(ii) the Legislature may at any time terminate by joint resolution an order of constraint
issued by a local health department in response to a declared public health emergency that has
been in effect for more than 30 days; and
(iii) a county governing body may at any time terminate by majority vote of the
governing body an order of constraint issued by a local health department in response to a
declared public health emergency.
(b) (i) Notwithstanding Subsection (9)(a)(i), a local health department may issue an
order of constraint without approval of the chief executive officer of the relevant county if the
passage of time necessary to obtain approval of the chief executive officer of the relevant
county as required in Subsection (9)(a)(i) would substantially increase the likelihood of loss of
life due to an imminent threat.
(ii) If a local health department issues an order of constraint as described in Subsection
(9)(b), the local health department shall notify the chief executive officer of the relevant county
before issuing the order of constraint.
(iii) The chief executive officer of the relevant county may terminate an order of
constraint issued as described in Subsection (9)(b) within 72 hours of issuance of the order of
constraint.
(c) (i) For a local health department that serves more than one county, the approval
described in Subsection (9)(a)(i) is required for the chief executive officer for which the order
of constraint is applicable.
(ii) For a local health department that serves more than one county, a county governing
body may only terminate an order of constraint as described in Subsection (9)(a)(iii) for the
county served by the county governing body.
(10) (a) During a public health emergency declared as described in this title:
(i) the department or a local health department may not impose an order of constraint
on a religious gathering that is more restrictive than an order of constraint that applies to any
other relevantly similar gathering; and
(ii) an individual, while acting or purporting to act within the course and scope of the
individual's official department or local health department capacity, may not:
(A) prevent a religious gathering that is held in a manner consistent with any order of
constraint issued pursuant to this title; or
(B) impose a penalty for a previous religious gathering that was held in a manner
consistent with any order of constraint issued pursuant to this title.
(b) Upon proper grounds, a court of competent jurisdiction may grant an injunction to
prevent the violation of this Subsection (10).
(c) During a public health emergency declared as described in this title, the department
or a local health department shall not issue a public health order or impose or implement a
regulation that substantially burdens an individual's exercise of religion unless the department
or local health department demonstrates that the application of the burden to the individual:
(i) is in furtherance of a compelling government interest; and
(ii) is the least restrictive means of furthering that compelling government interest.
(d) Notwithstanding Subsections (8)(a) and (c), the department or a local health
department shall allow reasonable accommodations for an individual to perform or participate
in a religious practice or rite.
(11) An order of constraint issued by a local health department pursuant to a declared
public health emergency does not apply to a facility, property, or area owned or leased by the
state, including the capitol hill complex, as that term is defined in Section 
63C-9-102
.
(12) A local health department may not:
(a) require a person to obtain an inspection, license, or permit from the local health
department to engage in a practice described in Subsection 
58-11a-304
(5); or
(b) prevent or limit a person's ability to engage in a practice described in Subsection
58-11a-304
(5) by:
(i) requiring the person to engage in the practice at a specific location or at a particular
type of facility or location; or
(ii) enforcing a regulation applicable to a facility or location where the person chooses
to engage in the practice.