HB 299: "An Act relating to occupational licensing."
00 HOUSE BILL NO. 299 01 "An Act relating to occupational licensing." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 04 to read: 05 SHORT TITLE. This Act may be known as the Right to Earn a Living Act. 06 * Sec. 2. AS 08.02 is amended by adding new sections to read: 07 Sec. 08.02.060. Legislative findings. The legislature finds that 08 (1) the right of individuals to pursue a chosen profession, free from 09 arbitrary or excessive government interference, is a fundamental civil right; 10 (2) the freedom to earn an honest living has traditionally provided the 11 surest means for economic mobility; 12 (3) in recent years, many regulations of entry into professions have 13 exceeded legitimate public purposes and have had the effect of arbitrarily limiting 14 entry and reducing competition; 15 (4) the burden of excessive regulation is borne most heavily by
01 individuals outside the economic mainstream, for whom opportunities for economic 02 advancement are curtailed; and 03 (5) it is in the public interest to 04 (A) ensure the right of all individuals to pursue legitimate 05 entrepreneurial and professional opportunities to the limits of their talent and 06 ambition; 07 (B) provide the means for the vindication of this right; 08 (C) ensure that regulations of entry into professions are 09 demonstrably necessary and carefully tailored to fulfill legitimate health, 10 safety, and welfare objectives. 11 Sec. 08.02.065. Limitation on occupational regulations; petitions. (a) 12 Occupational regulations shall be limited to those demonstrably necessary and 13 carefully tailored to fulfill legitimate public health, safety, or welfare objectives. 14 (b) A person may petition an agency to repeal or modify an occupational 15 regulation within that agency's jurisdiction. Within 90 days after a petition is filed 16 under this subsection, the agency shall repeal the occupational regulation, modify the 17 regulation to achieve the standard set out in (a) of this section, or issue written 18 findings summarizing the reason the agency has determined that the regulation 19 conforms with the standard set out in (a) of this section. 20 (c) Regardless of whether a petition is filed under (b) of this section, a person 21 may file an action in a court of general jurisdiction to challenge an occupational 22 regulation. 23 (d) A person who challenges an occupational regulation under (b) of this 24 section may prevail if the court finds by a preponderance of evidence that the 25 challenged occupational regulation on its face or in its effect unreasonably or 26 unlawfully burdens the entry of a person into a profession or occupation and that 27 (1) an agency has failed to prove by a preponderance of evidence that 28 the challenged occupational regulation is not demonstrably necessary and carefully 29 tailored to fulfill legitimate public health, safety, or welfare objectives; or 30 (2) where the challenged occupational regulation is necessary to fulfill 31 the legitimate public health, safety, or welfare objectives, those objectives can be
01 effectively served by using a less restrictive regulation that is less likely to 02 unreasonably burden the entry of a person into a profession or occupation. 03 (e) If a court finds that the plaintiff has prevailed on a claim filed under this 04 section, the court shall enjoin further enforcement of the challenged occupational 05 regulation and award reasonable attorney fees and costs to the plaintiff as permitted by 06 the Alaska Rules of Civil Procedure. 07 (f) In this section, unless the context otherwise requires, 08 (1) "less restrictive regulation" means, listed in order beginning with 09 least restrictive and ending with most restrictive, the following: 10 (A) market competition; 11 (B) third-party or consumer-created ratings and reviews; 12 (C) private certification; 13 (D) voluntary bonding or insurance; 14 (E) specific private civil cause of action to remedy consumer 15 harm; 16 (F) deceptive trade practice act; 17 (G) mandatory disclosure of attributes of the specific good or 18 service; 19 (H) regulation of the process of providing the specific good or 20 service; 21 (I) inspection; 22 (J) bonding; 23 (K) insurance; 24 (L) government registration; 25 (M) government certification; 26 (N) specialty occupational license for medical reimbursement; 27 (O) occupational license; 28 (2) "occupational license" means a license or permit issued under this 29 title; 30 (3) "occupational regulation" means a regulation, rule, policy, fee, 31 condition, test, permit, administrative practice, or other provision in which an agency
01 establishes the personal qualifications necessary to engage in an occupation or 02 profession; 03 (4) "personal qualification" means criteria related to an individual's 04 personal background and characteristics, including completion of an approved 05 educational program, satisfactory performance on an examination, work experience, 06 other evidence of attainment of requisite skills or knowledge, moral character, 07 criminal history, and completion of continuing education; 08 (5) "specialty occupational license for medical reimbursement" means 09 a nontransferable authorization in law for an individual to qualify for payment or 10 reimbursement from a government agency for the nonexclusive provision of medical 11 services based on meeting personal qualifications established by the legislature; 12 (6) "welfare" means protection of individuals against fraud or harm; 13 "welfare" does not include the protection of existing businesses or agencies, whether 14 publicly or privately owned, against competition. 15 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 TRANSITION: ELIMINATION OF CERTAIN OCCUPATIONAL REGULATIONS. 18 (a) Within one year after the effective date of this Act, each agency shall conduct a 19 comprehensive review of all occupational regulations and occupational licenses within the 20 agency's jurisdiction, prepare a report with the findings, and publish the report under 21 AS 44.62.175 (Alaska Online Public Notice System). The report must 22 (1) identify with specificity the public health, safety, and welfare objectives 23 served by the regulation; 24 (2) identify the reason the regulation is necessary to serve its objective; 25 (3) discuss, where information is readily available, the effects of the 26 regulation, including effects on opportunities for workers, consumer choices and costs, 27 general unemployment, market competition, and governmental costs; and 28 (4) compare the regulation to whether and how other states regulate the 29 business or profession. 30 (b) If an agency finds a regulation that does not satisfy the standard set out in sec. 2 of 31 this Act, the agency shall recommend in the report published under (a) of this section that the
01 regulation be repealed or amended to conform with the standard under sec. 2 of this Act. 02 (c) Within 15 months after the effective date of this Act, each agency shall provide by 03 delivery to the chief clerk of the house of representatives and the senate secretary a report to 04 the legislature summarizing the actions the agency has taken under this section. 05 (d) In this section, "occupational license" and "occupational regulation" have the 06 meanings given in AS 08.02.065, enacted by sec. 2 of this Act.