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IN SB0384
Bill
AI Summary
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Small business ombudsman must review proposed occupational regulations that impose requirements or costs on licensed professionals, and approve or deny based on whether the "least restrictive regulation" is used
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Establishes a 15-tier hierarchy of regulatory approaches from least to most restrictive, ranging from market competition and private certification up to required occupational licenses
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Attorney general must disapprove proposed rules that violate federal antitrust laws, in addition to existing grounds for disapproval
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Agencies must prepare economic impact statements for occupational regulations, including estimates of affected persons, compliance costs, and a regulatory flexibility analysis considering less costly alternatives
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Occupational regulations adopted in odd-numbered years cannot take effect until March 15 of the following year; those adopted in even-numbered years cannot take effect until May 1 of the following year
Legislative Description
Occupational licensing. Provides that the small business ombudsman (ombudsman) shall review a proposed rule that is an occupational regulation and imposes requirements or costs on persons subject to the occupational regulation. Requires the attorney general to disapprove a proposed rule if it violates federal antitrust laws. Requires that an agency file a statement concerning the economic impact of the proposed occupational regulation on persons who are subject to the occupational regulation. Requires the ombudsman to approve or deny the occupational regulation after determining if the least restrictive regulation is used. Requires a regulatory flexibility analysis that considers any less intrusive or less costly alternative methods of achieving the purpose of the proposed occupational regulation, including the establishment of the least restrictive regulation that is necessary to regulate the occupation or protect consumers. Establishes guidelines to analyze an occupational regulation to determine if it is the least restrictive regulation. Makes conforming changes to include regulated occupations in the laws that affect the adoption of rules that affect small businesses. Provides that an occupational regulation that is adopted by an agency during: (1) an odd-numbered year may not become effective until March 15 during the subsequent year; and (2) an even-numbered year may not become effective until May 1 during the subsequent year.
Last Action
Senator Spartz added as third author
1/14/2019