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AR HB2176

Bill

Status

Failed

5/1/2017

Primary Sponsor

Austin Mccollum

Click for details

Origin

House of Representatives

91st General Assembly (2017 Regular)

AI Summary

  • Adds Arkansas Code Title 11, Chapter 16 ("Right to a Lawful Occupation") to allow private individuals to engage in lawful occupations without complying with occupational regulations that impose substantial burdens and are not substantially related to protecting public health or safety.

  • Establishes a hierarchy of occupational restrictions from least to most restrictive: private civil action remedies, deceptive trade practice laws, inspection, bonding, registration without personal qualifications, certification, and licensing.

  • Exempts certain individuals from protections, including government contractors, foster parents, professionals with fiduciary duties (attorneys, accountants, engineers, physicians, dentists, nurses, pharmacists, architects), and government employees.

  • Places burden of proof on individuals to show occupational regulations impose substantial burden, while the state must prove regulations are substantially related to protecting against present and recognizable harm to public health or safety and are no more restrictive than necessary.

  • Declares an emergency, making the act effective immediately upon gubernatorial approval, without approval after veto period, or upon veto override, to address economic impact of unnecessary occupational regulations.

Legislative Description

To Encourage Economic Development By Facilitating Employment Of Individuals; To Regulate Occupational Boards, Commissions, And Other Entities While Preserving Health And Safety Standards; And To Declare An Emergency.

Last Action

Died in House Committee at Sine Die Adjournment

5/1/2017

Committee Referrals

Public Health, Welfare and Labor3/7/2017

Full Bill Text

No bill text available