Bill Summary – FastDemocracy

Enrolled Copy                                                                                 S.B. 143
       MILITARY OCCUPATIONAL LICENSING RENEWAL AMENDMENTS
                                           2024 GENERAL SESSION
                                                 STATE OF UTAH
                                        Chief Sponsor: Heidi Balderree House Sponsor: Jefferson S. Burton
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  LONG TITLE
  General Description:
      This bill addresses professional or occupational license requirements for service members.
  Highlighted Provisions:
      This bill:
      ▸ provides for the waiver of fees and penalties associated with the reactivation of an
  expired professional or occupational license of a deployed service member.
  Money Appropriated in this Bill:
      None
  Other Special Clauses:
      This bill provides a special effective date.
  Utah Code Sections Affected:
  AMENDS:
      58-1-308 (Effective 05/01/24), as last amended by Laws of Utah 2016, Chapter 238
      71A-8-103 (Effective 05/01/24) (Superseded 07/01/24), as last amended by Laws of Utah
      2023, Chapter 328 and renumbered and amended by Laws of Utah 2023, Chapter 44
      71A-8-103 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 310, 328
      and renumbered and amended by Laws of Utah 2023, Chapter 44
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  Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 58-1-308 is amended to read:
        58-1-308 (Effective 05/01/24). Term of license -- Expiration of license -- Renewal
  of license -- Reinstatement of license -- Application procedures.
  (1) (a) Each license issued under this title shall be issued in accordance with a two-year
      renewal cycle established by rule.
      (b) A renewal period may be extended or shortened by as much as one year to maintain
     S.B. 143                                                                                 Enrolled Copy
            established renewal cycles or to change an established renewal cycle.
   (2) (a) The expiration date of a license shall be shown on the license.
       (b) A license that is not renewed prior to the expiration date shown on the license
            automatically expires.
       (c) A license automatically expires prior to the expiration date shown on the license
            upon the death of a licensee who is a natural person, or upon the dissolution of a
            licensee that is a partnership, corporation, or other business entity.
       (d) If the existence of a dissolved partnership, corporation, or other business entity is
            reinstated prior to the expiration date shown upon the entity's expired license issued
            by the division, the division shall, upon written application, reinstate the applicant's
            license, unless it finds that the applicant no longer meets the qualifications for
            licensure.
       (e) Expiration of licensure is not an adjudicative proceeding under Title 63G, Chapter 4,
            Administrative Procedures Act.
   (3) (a) The division shall notify each licensee in accordance with procedures established
       by rule that the licensee's license is due for renewal and that unless an application for
       renewal is received by the division by the expiration date shown on the license,
       together with the appropriate renewal fee and documentation showing completion of
       or compliance with renewal qualifications, the license will not be renewed.
       (b) Examples of renewal qualifications which by statute or rule the division may require
            the licensee to document completion of or compliance with include:
            (i) continuing education;
            (ii) continuing competency;
            (iii) quality assurance;
            (iv) utilization plan and protocol;
            (v) financial responsibility;
            (vi) certification renewal; and
            (vii) calibration of equipment.
   (4) (a) (i) An application for renewal that complies with Subsection (3) is complete.
            (ii) A renewed license shall be issued to applicants who submit a complete
                application, unless it is apparent to the division that the applicant no longer meets
                the qualifications for continued licensure.
       (b) (i) The division may evaluate or verify documentation showing completion of or
            compliance with renewal requirements on an entire population or a random
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     Enrolled Copy                                                                                   S.B. 143
          sample basis, and may be assisted by advisory peer committees.
          (ii) If necessary, the division may complete its evaluation or verification subsequent
              to renewal and, if appropriate, pursue action to suspend or revoke the license of a
              licensee who no longer meets the qualifications for continued licensure.
      (c) The application procedures specified in Subsection 58-1-301(2), apply to renewal
          applications to the extent they are not in conflict with this section.
  (5) (a) Any license that is not renewed may be reinstated:
          (i) upon submission of an application for reinstatement, payment of the renewal fee
              together with a reinstatement fee determined by the department under Section
              63J-1-504, and upon submission of documentation showing completion of or
              compliance with renewal qualifications; and
          (ii) (A) at any time within two years after nonrenewal; or
              (B) between two years and five years after nonrenewal, if established by rule
                   made by the division in consultation with the applicable licensing board in
                   accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
      (b) The application procedures specified in Subsection 58-1-301(2) apply to the
          reinstatement applications to the extent they are not in conflict with this section.
      (c) Except as otherwise provided by rule, a license that is reinstated no later than 120
          days after it expires shall be retroactively reinstated to the date it expired.
  (6) (a) Except as provided in Subsection (5)(a), if not reinstated within two years, the
      holder may obtain a license only if the holder meets requirements provided by the
      division by rule or by statute for a new license.
      (b) Each licensee under this title who has been active in the licensed occupation or
          profession while in the full-time employ of the United States government or under
          license to practice that occupation or profession in any other state or territory of the
          United States may reinstate the licensee's license without taking an examination by
          submitting an application for reinstatement, paying the current annual renewal fee
          and the reinstatement fee, and submitting documentation showing completion of or
          compliance with any renewal qualifications at any time within six months after
          reestablishing domicile within Utah or terminating full-time government service.
  (7) A service member may reactivate an expired professional or occupational license as
      described in 71A-8-103.
        Section 2. Section 71A-8-103 is amended to read:
        71A-8-103 (Effective 05/01/24) (Superseded 07/01/24). Employees in military
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      S.B. 143                                                                                Enrolled Copy
   service -- Extension of licenses for deployed service members and members of
   National Guard and reservists ordered to active duty.
   (1) As used in this section, "license" means any license issued under:
       (a) Title 58, Occupations and Professions; and
       (b) Section 26B-4-116.
   (2) [Any] A license held by a member of the National Guard or reserve component of the
       armed forces that expires while the member is on state or federal active duty [shall be] is
       extended until 90 days after the member is discharged from active duty status.
   (3) A license held by a service member that expires while the member is deployed is
       extended for 90 days after the last date of the deployment listed on the service member's
       deployment order.
   (4) The licensing agency shall renew a license extended under Subsection (2) or (3) until
       the next date that the license expires or for the period that the license is normally issued,
       at no cost to the service member, member of the National Guard, or reserve component
       of the armed forces if all of the following conditions are met:
       (a) the service member, National Guard member, or reservist requests renewal of the
             license within 90 days [after being discharged;] after the termination date of the
             activation or deployment orders;
       (b) the service member, National Guard member, or reservist provides the licensing
             agency with a copy of the [member's or reservist's] individual's official orders calling
             the member or reservist to active duty or deployment, and official orders discharging
             the member or reservist from active duty or deployment; and
       (c) the service member, the National Guard member, or reservist meets all the
             requirements necessary for the renewal of the license, except the member or reservist
             need not meet the requirements, if any, that relate to continuing education or training.
   [(4)] (5) The provisions of this section do not apply to:
       (a) regularly scheduled annual training;
       (b) in-state active National Guard and reserve orders; or
       (c) orders that do not require the service member to relocate outside of this state.
            Section 3. Section 71A-8-103 is amended to read:
            71A-8-103 (Effective 07/01/24). Extension of licenses for members of National
   Guard and reservists ordered to active duty .
   (1) As used in this section, "license" means any license issued under:
       (a) Title 58, Occupations and Professions; and
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      Enrolled Copy                                                                                      S.B. 143
      (b) Section 53-2d-402.
  (2) [Any] A license held by a member of the National Guard or reserve component of the
      armed forces that expires while the member is on state or federal active duty [shall be] is
      extended until 90 days after the member is discharged from active duty status.
  (3) A license held by a service member that expires while the member is deployed is
      extended for 90 days after the last date of the deployment listed on the service member's
      deployment order.
  [(3)] (4) The licensing agency shall renew a license extended under Subsection (2) or (3)
      until the next date that the license expires or for the period that the license is normally
      issued, at no cost to the service member, member of the National Guard, or reserve
      component of the armed forces if all of the following conditions are met:
      (a) the service member, National Guard member, or reservist requests renewal of the
          license within 90 days [after being discharged;] after the termination date of the
          activation or deployment orders;
      (b) the service member, National Guard member, or reservist provides the licensing
          agency with a copy of the [member's or reservist's] individual's official orders calling
          the member or reservist to active duty or deployment, and official orders discharging
          the member or reservist from active duty or deployment; and
      (c) the service member, the National Guard member, or reservist meets all the
          requirements necessary for the renewal of the license, except the member or reservist
          need not meet the requirements, if any, that relate to continuing education or training.
  [(4)] (5) The provisions of this section do not apply:
      (a) to regularly scheduled annual training;
      (b) in-state active National Guard and reserve orders; or
      (c) orders that do not require the service member to relocate outside of this state.
        Section 4. Effective date.
  (1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024.
  (2) The changes affecting Section 71A-8-103 take effect on July 1, 2024.
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Statutes affected: 
Introduced: 58-1-308
Amended: 58-1-308
Enrolled: 58-1-308, 71A-8-103