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2018 SESSION

18106130D
HOUSE BILL NO. 1195
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Rules
on February 6, 2018)
(Patron Prior to Substitute--Delegate Cline)
A BILL to amend the Code of Virginia by adding in Title 30 a chapter numbered 60, consisting of sections numbered 30-376, 30-377, and 30-378, relating to the Joint Subcommittee to Evaluate Professional and Occupational Licensing Requirements.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Title 30 a chapter numbered 60, consisting of sections numbered 30-376, 30-377, and 30-378, as follows:

CHAPTER 60.
JOINT SUBCOMMITTEE TO EVALUATE PROFESSIONAL AND OCCUPATIONAL LICENSING REQUIREMENTS.

§ 30-376. Joint Subcommittee to Evaluate Professional and Occupational Licensing Requirements; purpose.

A. The Joint Subcommittee to Evaluate Professional and Occupational Licensing Requirements (the Joint Subcommittee) is established in the legislative branch of state government. The purpose of the Joint Subcommittee is to examine the statutory and regulatory professional and occupational licensing requirements of the regulatory boards within the Department of Professional and Occupational Regulation (the Department) to determine whether such requirements may be reduced or eliminated while still, in the least restrictive manner, protecting the public health and safety.

B. As used in this chapter:

"Certification" means the same as that term is defined in § 54.1-300.

"Licensing requirements" means the established minimum qualifications for licensure, certification, or registration that are required to be satisfied in order for an applicant to engage in any lawful profession, trade, or occupation under Subtitle II of Title 54.1 and the renewal of any such license, certification, or registration.

"Licensure" means the same as that term is defined in § 54.1-300.

"Registration" means the same as that term is defined in § 54.1-300.

§ 30-377. Membership; terms; vacancies; chairman and vice-chairman; quorum; meetings; compensation.

The Joint Subcommittee shall have a total membership of 14 legislative members that shall consist of eight members of the House of Delegates and six members of the Senate. Members shall be appointed as follows: eight members of the House of Delegates, of whom six shall be members of the House Committee on General Laws and two shall be members of the House Committee on Appropriations, to be appointed by the Speaker of the House of Delegates upon the recommendation of the Chairman of the House Committee on General Laws and the Chairman of the House Committee on Appropriations, respectively, and six members of the Senate, to be appointed by the Senate Committee on Rules upon the recommendation of the Chairman of the Senate Committee on General Laws and Technology.

Members shall serve terms coincident with their terms of office. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. Members may be reappointed. Vacancies shall be filled in the same manner as the original appointments.

The Joint Subcommittee shall elect a chairman and vice-chairman from among its membership.

A majority of the members shall constitute a quorum. The meetings of the Joint Subcommittee shall be held at the call of the chairman or whenever the majority of the members so request.

No recommendation of the Joint Subcommittee shall be adopted if a majority of the House members or a majority of the Senate members appointed to the Joint Subcommittee (i) vote against the recommendation and (ii) vote for the recommendation to fail notwithstanding the majority vote of the Joint Subcommittee.

Members of the Joint Subcommittee shall receive such compensation and shall be reimbursed for reasonable and necessary expenses as provided in the general appropriation act.

§ 30-378. Powers and duties of the Joint Subcommittee; staffing; reports.

The Joint Subcommittee shall have the following powers and duties to:

1. Undertake a systematic review of the statutory and regulatory licensing requirements of the regulatory boards within the Department;

2. Adopt a schedule for reviewing the statutory and regulatory licensing requirements;

3. Establish procedures and performance measures to evaluate the effectiveness of such licensing requirements;

4. Review other states' professional and occupational licensing laws and regulations;

5. Request that the Governor direct the Department to conduct independent evaluations of such licensing requirements in achieving their intended policy purpose and report the findings to the Joint Subcommittee;

6. Recommend a process and guidelines for reducing or eliminating regulatory programs at the Department; and

7. Submit an annual report to the General Assembly and the Governor of its recommendations, including which licensing requirements should be continued, expanded, modified, or eliminated.

Administrative staff support shall be provided by the Office of the Clerk of the house of the General Assembly of which the chairman of the Joint Subcommittee is a member. Legal, research, policy analysis, and other services requested by the Joint Subcommittee shall be provided by the Division of Legislative Services. Technical assistance shall be provided by the Department.

The chairman shall submit to the General Assembly and the Governor an annual executive summary of the interim activity and work of the Joint Subcommittee no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.