Bill Number: H.B. 2517
Smith Floor Amendment
Reference to: House engrossed bill
Amendment drafted by: Leg Council
FLOOR AMENDMENT EXPLANATION
Removes reference to entry regulation and public service restrictions.
Defines occupational regulation as; any regulation, policy, fee, condition, test, permit, license, or other rule authorizing a person to engage in an occupation, trade or profession with the exception of any law, license, or regulation required by federal law.
Requires agencies and municipalities to limit and carefully tailor all occupational regulation to fulfill legitimate public health, safety, or welfare objectives.
Removes the requirement for a report to be submitted by an agency or municipality to the legislature.
Requires a municipality or agency, after a petition to repeal or modify any occupational regulation, to repeal, modify or recommend to the legislation action to comply with the requirement that all occupational regulation must be carefully tailored to fulfill legitimate public health, safety, or welfare objectives within 90 days.
Second Regular Session H.B. 2517
SMITH FLOOR AMENDMENT
SENATE AMENDMENTS TO H.B. 2517
(Reference to House engrossed bill)
Page 1, line 4, strike "businesses and professions" insert "Occupational"
Line 7, strike "entry" insert "occupational"; after the second quotation mark insert ":
(a)"; strike "rule" insert "law"
Line 8, strike ", administrative practice"; strike "provision"
Strike line 9
Line 10, strike "support of public subsidies or user fees, or both. Entry regulation" insert "rule that authorizes a person to engage in an occupation, trade or profession.
(b)"
Line 11, after "include" strike remainder of line
Strike lines 12 through 22, insert "Any federal law or license or regulation required by federal law."
Renumber to conform
Line 24, strike "or" insert a comma; after "harm" insert "or criminal violations punishable under title 13"
Line 26, strike "Businesses and professions; entry" insert "Occupational"; strike "; public"
Line 27, strike "service restrictions"
Line 28, before "a" insert "Notwithstanding any other law,"; strike "entry" insert "occupational"; strike "and public service"
Strike line 29
Line 30, strike "and public service restrictions" insert "to regulations"
Line 32, strike "entry" insert "occupational"
Line 34, strike "entry" insert "occupational"
Line 35, strike "state" insert "determine"
Line 38, after "necessary" insert "and carefully tailored"
Page 1, line 40, strike "entry" insert "occupational"
Line 42, strike the first and second "entry" insert "occupational"
Line 44, strike "actions" insert "action"; strike "entry" insert "occupational"
Page 2, strike lines 1 through 3
Line 6, strike "entry" insert "occupational"; strike "or public service restriction"
Line 9, strike "entry" insert "occupational"
Line 10, strike "or public service restriction"; strike "entry" insert "occupational"; strike the second "or"
Line 11, strike "public service restriction"; after "9‑852" insert ", recommend legislative action to repeal or amend the occupational regulation to comply with section 9‑852 if legislative action is required"
Line 12, strike "entry" insert "occupational"; strike "or public"
Line 13, strike "restriction"
Line 19, strike "entry" insert "occupational"
Line 21, strike "entry" insert "occupational"; strike "creation"
Line 22, strike "of a business, the entry of a business into a particular market or the"
Line 23, after "into" insert "or participation in"; after "profession" insert ", trade"
Lines 24 and 27, strike "entry" insert "occupational"
Strike lines 31 through 39
Reletter to conform
Line 41, strike "entry" insert "occupational"; strike "or public service restriction"
Strike pages 3 and 4
Renumber to conform
Page 5, line 3, strike “businesses and professions” insert “occupational”
Line 6, strike "entry" insert "occupational"; after the second quotation mark insert ":
(a)"; strike "rule" insert "law"
Line 7, strike ", administrative practice"; strike "provision"
Page 5, strike line 8
Line 9, strike "support of public subsidies or user fees, or both. Entry regulation" insert "rule that authorizes a person to engage in an occupation, trade or profession.
(b)"
Line 10, after "include" strike remainder of line
Line 11, strike "limited liability company," insert ":
(i)"
Line 12, strike "securities,"; strike the fourth comma insert "or"
Line 13, after "representatives" insert a period strike remainder of line
Strike lines 14 through 20, insert:
"(ii) Any law, license or regulation relating to an institution or person that is subject to title 36, chapter 4, article 10 or Title 36, chapter 20.
(iii) Any federal law or license or regulation required by federal law."
Renumber to conform
Line 22, strike "or" insert a comma; after "harm" insert "or criminal violations punishable under title 13"
Line 25, strike "Businesses and professions; entry" insert "Occupational"
Line 26, strike "public service restrictions;"
Line 27, before "an" insert "Notwithstanding any other law,"; strike "entry" insert "occupational"; strike "and public service"
Strike line 28
Line 29, strike "and public service restrictions" insert "to regulations"
Line 31, strike "entry" insert "occupational"
Line 33, strike "entry" insert "occupational"
Line 34, strike "state" insert "determine"
Line 37, after "necessary" insert "and carefully tailored"
Line 39, strike "entry" insert "occupational"
Line 41, strike the first and second "entry" insert "occupational"
Line 43, strike "actions" insert "action"; strike "entry" insert "occupational"
Page 6, strike lines 1 through 3
Line 5, strike "entry" insert "occupational"
Line 6, strike "or public service restriction"
Line 8, strike "entry" insert "occupational"; strike "or"
Line 9, strike "public service restriction"; strike "entry" insert "occupational"; strike "or public service"
Line 10, strike "restriction"; after "41‑1093.01" insert ", recommend legislative action to repeal or amend the occupational regulation to comply with section 41‑1093.01 if legislative action is required"
Line 11, strike "entry" insert "occupational"; strike "or public restriction"
Line 18, strike "entry" insert "occupational"
Line 20, strike "entry" insert "occupational"; strike "creation"
Line 21, strike "of a business, the entry of a business into a particular market or the"
Line 22, after "into" insert "or participation in"; after "profession" insert ", trade"
Lines 23 and 26, strike "entry" insert "occupational"
Strike lines 30 through 38
Reletter to conform
Line 40, strike "entry" insert "occupational"; strike "or public service restriction"
Amend title to conform