AB 369

This bill creates the Occupational License Review Council. The council is

created in the Department of Safety and Professional Services and consists of the

following members:

1. Four members appointed by the governor to serve at the pleasure of the

governor.

2. Two members of the senate appointed by the senate majority leader.

3. Two members of the assembly appointed by the speaker of the assembly.

4. The secretary of safety and professional services or his or her designee, who

serves as the council's chair. The secretary or designee is a nonvoting member, except

that he or she may vote in the case of a tie.

The council is required to submit a report by December 31, 2018, to the

governor, the chief of the Legislative Reference Bureau, and the legislature that

includes the council's recommendations for the elimination of occupational licenses

in this state, or the modification of laws and rules governing occupational licenses,

and the reduction or elimination of occupational license continuing and other

education requirements. The council's recommendations for the elimination of

occupational licenses must take into account a number of considerations, including

any statement or analysis provided by the agency or board administering an

occupational license and including an evaluation of whether the unregulated

practice of the profession, occupation, or trade can clearly harm or endanger the

health, safety, or welfare of the public.

Under the bill, the LRB is required to prepare legislation based on the council's

recommendations, and the proposed legislation is required to be introduced without

change and referred to the appropriate standing committee of each house. The

legislature must take final action on the proposed legislation no later than June 30,

2019. The bill provides that a new council convenes every ten years to repeat the

process described above.

Under the bill, for purposes of the council's functions, the term “occupational

license” means any license, permit, certification, registration, or other approval

granted by DSPS or a board under DSPS and any other license, permit, certification,

registration, or approval granted to a person by this state in order that the person

may engage in a profession, occupation, or trade or use one or more titles in

association with his or her profession, occupation, or trade.

This bill also requires the Department of Administration to prepare a report

containing certain information on any bill that is introduced in the legislature that

requires an individual to obtain a license in order to engage in a particular profession

or occupation or that requires that a license be obtained in order for a particular type

of business to be owned or operated. The LRB must submit any bill to which the

requirement applies to DOA, and the report must be distributed before certain

actions are taken on the bill in the legislature.