SB 429 Establishes legislative procedures for regulating previously unregulated professions
Sponsor: Rowden
LR Number: 1418S.02I Fiscal Notes
Committee: Professional Registration
Last Action: 2/23/2017 - Second Read and Referred S Professional Registration Committee Journal Page: S340
Title: Calendar Position:
Effective Date: August 28, 2017

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Current Bill Summary

SB 429 - This act provides that the state shall not impose a substantial burden on an individual's pursuit of his or her occupation or profession unless there is an important governmental interest for the state to protect the general welfare. If an important governmental interest does exist, then the laws adopted which impose a substantial burden on an individual's occupational pursuit shall be substantially related to the public interest to be protected.

The General Assembly cannot pass any law regulating a previously unregulated profession except by bill, which has received a committee hearing and voted upon in favor by a majority of the committee members. Any amendment offered to regulate a previously unregulated profession cannot be adopted unless the language contained in the amendment is identical to language in a bill which has received a committee hearing and received a favorable vote by a majority of the committee members in the house where the amendment is being proposed.

The act establishes certain criteria under which designated standing committees in the Senate and House of Representatives will review all bills proposing to regulate an occupation or profession not previously regulated. If a committee determines that the state has an important interest in regulating the occupation or profession then the least restrictive type of law shall be approved by the committee.

An applicant group, defined as an organization or individual that proposes that any occupation or profession be regulated, shall submit a written report to the committees, prior to the proposed legislation being heard, containing certain information as specified in the act including a definition of the problem and why regulation of the profession is necessary, harm to the public by not regulating the profession and efforts to address the harm caused, alternatives to the regulation, the benefit to the public if the proposed legislation becomes law, and the expected costs of regulation.

The act states that practitioners actively engaged in a newly regulated occupation or profession for at least one year prior to the effective date of the regulation statute shall have a property right in their continued legal ability to engage in their occupation or profession. The decision of any newly created board or commission charged with regulating or licensing an occupation or profession to refuse licensure to a pre-existing practitioner shall be in writing, specify the reasons for denial, and inform the practitioner of the right to appeal before the Administrative Hearing Commission.

This act is identical to SB 829 (2016), similar to HCS/SB 125 (2017) and HCS/HBs 480 et. al (2017), HB 609 (2017), HB 634 (2015), HCS/SCS/SB 107 (2015), HCS/SS/SB 416 (2015), HCS/SCS/SB 146 (2015), and HCS/SS/SCS/SB 517 (2015).