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Occupational and Professional Licensure Sunrise Task Force

MINUTES OF THE

OCCUPATIONAL AND PROFESSIONAL LICENSURE SUNRISE TASK FORCE

Tuesday, July 28, 1998 - 1:30 p.m. - 405 State Capitol


Members Present:
    Sen. L. Alma "Al" Mansell, Senate Chair
    Rep. David L. Gladwell, House Chair
    Sen. Mike Dmitrich
    Sen. Michael Waddoups
    Rep. Trisha Beck
    Rep. Gary Cox
    Rep. David L. Zolman, Sr.
    Mr. Douglas Borba
    Mr. Randy Boudrero
    Mr. Wayne Samuelson



Members Excused:

    Rep. Richard Walsh

Staff Present:
    Ms. Mary Catherine Perry,
        Research Analyst
    Mr. Keith Woodwell,
        Associate General Counsel
    Ms. Beverlee LeCheminant,
        Legislative Secretary


Note:    Copies of materials distributed in the meeting are on file in the Office of Legislative Research and General Counsel.

1.    Call to Order - Sen. Mansell called the meeting to order at 1:40 p.m.

2.    Task Force Business - Sen. Mansell asked the members of the task force to introduce themselves and reviewed the purpose of the task force.

3.    Overview of Task Force -

    A.    Staff Briefing -
Mr. Keith Woodwell, Associate General Counsel, gave an overview of the duties and responsibilities assigned to the task force. He provided task force members with printed copies of his slide presentation.

     B.    Division of Occupational and Professional Licensing (DOPL) - Mr. Douglas Borba, task force member and Executive Director, Department of Commerce, indicated that the department is presently conducting a study of the department's licensure processing and the department will be implementing a new software program that will not only resolve the year 2000 problem, but will greatly simplify and improve the licensing process within the state.

    Mr. Borba said that the state has experienced substantial economic growth and, as a result, the division has seen an increase in the number of licensees. This increased load led the department to look into the need of licensing some professions.

    Mr. Borba said the department does not believe that it should be in the business of recruiting or promoting the licensing of occupations and professions, but that it would be better handled by the Legislature which represents the people of Utah. He stated that if the Legislature determines that the public needs the protection of licensing and the profession fulfills all the requirements the task

force establishes, the department will enforce the laws passed by the Legislature. He also suggested that the methodology established by the task force could be applied to present occupations and professions being licensed in a sunset review process.

    Mr. Craig Jackson, DOPL, gave an overview of DOPL and indicated that one of the things DOPL has tried to do is to help occupations and professions draft legislation to bring to the Legislature. Mr. Jackson provided task force members with printed copies of his slide presentation.

     C.    Staff Briefing - Ms. Mary Catherine Perry, Research Analyst, gave an overview on state models of sunrise procedures and provided task force members with printed copies of her slide presentation.

4.    Task Force Discussion - Sen. Mansell asked the task force if it feels that a sunrise council or commission should be set up to review licensures prior to licensing a profession.

    Rep. Cox said that the task force needs to avoid creating a greater bureaucracy in dealing with this issue.

    Sen. Dmitrich expressed an interest in setting up a review board to review licensures prior to licensing a profession or occupation.
                            
    Mr. Borba said that, as the system is, the department is spending more time, resources, and effort on looking at licensing of professions because several people are doing it simultaneously when it could be consolidated by having a single body do it.

    Rep. Cox indicated that much of the licensing process is already being done; but it is not being recognized as a formal process. He suggested doing some minor modifications to the current system.

    Rep. Beck indicated that there needs to be an intermediate body to look at the licensing issues before they come to the Legislature because the Legislature is not skilled in all the issues that would need to be reviewed. The issues need to be reviewed by people who have some expertise in those areas.

     MOTION: Rep. Cox moved that the task force look at having an intermediate council or committee to review applications for licensure in the state.

    Sen. Dmitrich amended the motion to include a system of reviewing the existing regulations in the intermediate process.

    The motion passed unanimously.

    Sen. Mansell indicated that the task force needs to come up with some ideas for staff to craft some models of the intermediate process in cooperation with the Department of Commerce.

    Rep. Zolman suggested that one criteria to look at is what harm has the professions who are regulated done.

    Mr. Boudrero suggested having some public members on the committee.

    Rep. Beck suggested that there needs to be people with expertise of the different issues on the committee.

    Mr. Samuelson said he feels that it is also important to have a balance from the private sector because it would be advantageous both in terms of motivation to get things done and also to try to keep the groups as free from untoward influence as possible.

    Sen. Dmitrich suggested having legislators on the committee.

    Sen. Mansell suggested having a member of the House of Representatives, a member of the Senate, a member from the licensing department, and an additional four or five members from the public who are not licensed by the state on the committee, including two members from the profession wishing to be licensed. He indicated that in some of the professions there is a group that is for regulation and a group that is against regulation so the task force would want to have one from each side on the committee to present why they should be regulated or not.

    Rep. Zolman suggested having members on the committee who have had the experience of being regulated.

    Mr. Boudrero suggested that with regard to the individual that comes from the division, the division has various bureau managers with various expertise and those bureau managers could rotate according to the expertise required.

    Rep. Gladwell said he questions putting a member of the group that is requesting licensure on the committee as a voting member of the body.

    Rep. Cox said the task force needs to address a conflict of interest if it establishes a permanent committee.

    Mr. Borba suggested having an ad hoc individual on the committee who would validate the claims of the applicants.

    The task force reached a consensus of looking at having one senator and one representative on the committee, the director of the Department of Commerce or the director's designee, and six

other appointments. The Speaker of the House would name three of the six appointments and the President of the Senate could name the other three appointments.

    Sen. Mansell asked staff to put together the suggestions from the task force and bring the information back to the next meeting. He reminded the task force that its next meeting will be Tuesday, August 25th at 1:30 p.m.

5.    Adjourn -

    MOTION:
Rep. Zolman moved to adjourn the meeting at 3:35 p.m. The motion passed unanimously. Sen. Dmitrich was absent for the vote.


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