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2019 SESSION

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SB 1751 Professional and Occupational Regulation, Department of; licensing, regulatory boards.

Introduced by: Frank M. Ruff, Jr. | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Department of Professional and Occupational Regulation. Permits the Director of DPOR, or his designee, to issue a notice to any person unlawfully engaging in unlicensed practice of an occupation to cease and desist such activity. The bill also provides that following the close of any biennium, when the account for any regulatory board within the Department of Professional and Occupational Regulation shows that unspent and unencumbered revenue exceeds 20 percent or $100,000 of the total expenses allocated to the regulatory board for the past biennium, whichever is greater, the regulatory board must (i) distribute all such excess revenue to current regulants of the board and (ii) reduce the fees levied by it for certification, licensure, registration, or permit and renewal thereof so that the fees are sufficient but not excessive to cover expenses. Under current law, these boards are required to adjust their fees when their account shows expenses allocated to it for the past biennium to be more than 10 percent greater or less than moneys collected on behalf of the board. Current law does not require the boards to distribute excess funds to regulants. The provisions of the bill requiring the distribution of excess revenue and the reduction of fees have a delayed effective date of July 1, 2022.

SUMMARY AS PASSED SENATE:

Department of Professional and Occupational Regulation. Authorizes the dissemination of criminal history record information to the Department of Professional and Occupational Regulation (DPOR) for the purpose of investigating individuals for initial licensure, certification, or registration. Under current law, DPOR has that authority only for the initial licensure of real estate brokers and salespersons. The bill permits the Director of DPOR, or his designee, to issue a notice to any person unlawfully engaging in unlicensed practice of an occupation to cease and desist such activity. The bill provides that following the close of any biennium, when the account for any regulatory board within DPOR shows that unspent and unencumbered revenue exceeds $100,000 or 20 percent of the total expenses allocated to the regulatory board for the past biennium, whichever is greater, the regulatory board shall (i) distribute all such excess revenue to current regulants of the board and (ii) reduce fees so that they are sufficient but not excessive to cover expenses. Under current law, these boards are required to adjust their fees when their account shows expenses allocated to it for the past biennium to be more than 10 percent greater or less than moneys collected on behalf of the regulatory board. Current law does not require the boards to distribute excess funds to regulants. The bill requires the Director of DPOR to report, at least annually, the fund status of each of the regulatory boards to the members of such boards. The bill also provides that when any legislative bill requiring DPOR to increase or begin regulation of an occupation is filed during any session of the General Assembly, the Board for Professional and Occupational Regulation shall prepare an evaluation of the legislation using criteria outlined in current law that the Board is required to use whenever the Board determines that a particular occupation should be regulated or that a different degree of regulation should be imposed on a currently regulated occupation. The bill deregulates residential building energy analysts and natural gas automobile mechanics and technicians.

SUMMARY AS INTRODUCED:

Department of Professional and Occupational Regulation. Authorizes the dissemination of criminal history record information to the Department of Professional and Occupational Regulation (DPOR) for the purpose of investigating individuals for initial licensure, certification, or registration. Under current law, DPOR has that authority only for the initial licensure of real estate brokers and salespersons. The bill permits the Director of DPOR, or his designee, to issue a notice to any person unlawfully engaging in unlicensed practice of an occupation to cease and desist such activity. The bill provides that following the close of any biennium, when the account for any regulatory board within DPOR shows that moneys collected on behalf of the regulatory board exceed 125 percent or $100,000, whichever is greater, of the expenses allocated to the regulatory board for the past biennium, the regulatory board shall (i) reduce the fees levied by it for certification, licensure, registration, or permit and renewal thereof so that the fees are sufficient but not excessive to cover expenses and (ii) distribute all unspent or unencumbered revenue in excess of such limits to current regulants of the board. Under current law, these boards are required to adjust their fees when their account shows expenses allocated to it for the past biennium to be more than 10 percent greater or less than moneys collected on behalf of the board. Current law does not require the boards to distribute excess funds to regulants. The bill requires the Director of DPOR to report, at least annually, the fund status of each of the regulatory boards to the members of such boards. The bill also provides that when any legislative bill requiring DPOR to increase or begin regulation of an occupation is filed during any session of the General Assembly, the Board for Professional and Occupational Regulation shall prepare an evaluation of the legislation using criteria outlined in current law that the Board is required to use whenever the Board determines that a particular occupation should be regulated or that a different degree of regulation should be imposed on a currently regulated occupation. The bill deregulates residential building energy analysts, common interest community managers, and natural gas automobile mechanics and technicians and reorganizes provisions of the Code relating to the Common Interest Community Board to account for the removal of regulatory authority over common interest community managers.