Bill Summary – FastDemocracy

Enrolled Copy                                                                           S.B. 149
                 OCCUPATIONAL AND PROFESSIONAL LICENSING
                                           AMENDMENTS
                                       2020 GENERAL SESSION
                                           STATE OF UTAH
                                Chief Sponsor: Wayne A. Harper
                                House Sponsor: Norman K. Thurston
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 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
       S.B. 149                                                                         Enrolled Copy
         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
40
 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
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       Enrolled Copy                                                                           S.B. 149
        (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
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        S.B. 149                                                                          Enrolled Copy
 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;]
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        Enrolled Copy                                                                              S.B. 149
         [(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:
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        S.B. 149                                                                            Enrolled Copy
         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.
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        Enrolled Copy                                                                            S.B. 149
         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.
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Statutes affected: 
Introduced: 58-79-101, 58-79-102, 58-79-301, 58-79-302, 58-79-303, 58-79-304, 58-79-401, 58-79-501, 58-79-502, 78A-2-402, 78A-2-403, 78A-2-404, 78A-2-408
Enrolled: 58-79-101, 58-79-102, 58-79-301, 58-79-302, 58-79-303, 58-79-304, 58-79-401, 58-79-501, 58-79-502, 78A-2-402, 78A-2-404