Bill Summary – FastDemocracy

Enrolled Copy                                                                          H.B. 290
                       OCCUPATIONAL LICENSING AMENDMENTS
                                        2020 GENERAL SESSION
                                             STATE OF UTAH
                              Chief Sponsor: Norman K. Thurston
                                 Senate Sponsor: Wayne A. Harper
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 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
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        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
44
 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,
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 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
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 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).
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        Enrolled Copy                                                                             H.B. 290
         (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
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 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).
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        Enrolled Copy                                                                             H.B. 290
         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
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 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:
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         (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 pro