2019 Senate Bill 40

Review scope of occupational license mandates

Introduced in the Senate

Jan. 22, 2019

Introduced by Sen. Lana Theis (R-22)

To give a state Law Revision Commission the duty of reviewing whether occupational licensure mandates use the least restrictive regulation necessary to protect consumers, as defined in the bill. The commission would have to review 20 percent of existing mandates each year, and review bills proposing new ones. Among other things its analysis would have to apply “a rebuttable presumption that market competition and private remedies are sufficient to protect consumers,” and establish that if this is rebutted then it should tailor regulations “to address specific market failures identified.” If a licensure mandate fails the test the commission would have to recommend that the legislature repeal it, convert it to a less restrictive regulation, or instruct the relevant officials to promulgate a revised occupational regulation. Also, to require the commission to use these criteria to review new bills introduced in the legislature, and send the relevant committees a timely report on its review.

Referred to the Committee on Regulatory Reform