Bill Text: GA SB148 | 2009-2010 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Georgia Occupational Regulation Review Law; review of existing regulatory entities to determine the need for change to current reg.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Vetoed) 2010-06-08 - Veto V21 [SB148 Detail]
Download: Georgia-2009-SB148-Introduced.html
Bill Title: Georgia Occupational Regulation Review Law; review of existing regulatory entities to determine the need for change to current reg.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Vetoed) 2010-06-08 - Veto V21 [SB148 Detail]
Download: Georgia-2009-SB148-Introduced.html
09 LC 38
0811
Senate
Bill 148
By:
Senators Shafer of the 48th, Pearson of the 51st, Hamrick of the 30th, Hill of
the 32nd, Wiles of the 37th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 43 of the Official Code of Georgia Annotated, relating to
professions and business, so as to provide for review of existing regulatory
entities to determine the need for change to their current regulations; to
provide for the evaluation of the regulations of existing regulatory entities;
to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
43 of the Official Code of Georgia Annotated, relating to professions and
businesses, is amended by revising Chapter 1A, relating to occupational
regulation legislation review, as follows:
"CHAPTER
1A
43-1A-1.
This
chapter shall be known and may be cited as the 'Georgia Occupational Regulation
Review Law.'
43-1A-2.
The
General Assembly finds that the need for and the effectiveness of establishing
occupational licensure and certification in this state has not been
systematically evaluated. It is the purpose of this chapter to ensure that no
programs of licensure and certification shall hereafter be imposed upon any
profession or business unless required for the safety and well-being of the
citizens of
the
this
state. It is
the further purpose of this chapter to authorize the periodic review of existing
regulatory entities to ensure that the authority of such regulatory entities is
applicable and necessary with relation to the current professional and business
conditions of this state. Any actions of the council pursuant to this chapter
are solely recommendations and shall be nonbinding.
43-1A-3.
As
used in this chapter, the term:
(1)
'Applicant group' means any business or professional group or organization, any
individual, or any other interested party which proposes that any business or
professional group not presently regulated be regulated by the
state.
(2)
'Certificate' or 'certification' means a voluntary process by which a statutory
regulatory entity grants recognition to an individual who has met certain
prerequisite qualifications specified by that regulatory entity and who may
assume or use 'certified' in the title or designation to perform prescribed
occupational tasks.
(3)
'Council' means the Georgia Occupational Regulation Review Council.
(4)
'Grandfather clause' means a provision in a regulatory statute applicable to
individuals engaged in the regulated business or profession prior to the
effective date of the regulatory statute which exempts the individuals from
meeting prerequisite qualifications set forth in the regulatory statute to
perform prescribed occupational tasks.
(5)
'Legislative committee of reference' means the standing legislative committee
designated by the Speaker of the House of Representatives or the President of
the Senate to consider proposed legislation introduced in their respective
houses of the General Assembly to regulate any business or occupation not
previously regulated.
(6)
'License,' 'licensing,' or 'licensure' means authorization to engage in a
business or profession which would otherwise be unlawful in the state in the
absence of authorization. A license is granted to those individuals who meet
prerequisite qualifications to perform prescribed business or professional
tasks, who use a particular title, or who perform those tasks and use a
particular title.
(7)
'Regulate' or 'regulation' means the process of licensure or certification as
defined in this Code section.
(8)
'Regulatory entity' means any state agency which regulates one or more
professions, occupations, industries, businesses, or other endeavors in this
state.
(9)
'State agency' means each state board, bureau, commission, department, division,
office, or other separate unit of state government created or established by
law.
43-1A-4.
(a)
There is created the Georgia Occupational Regulation Review
Council.
(b)
The council shall consist of ten members:
(1)
The Comptroller General or his
or
her designee;
(2)
The Secretary of State or his
or
her designee;
(3)
The commissioner of human resources or his
or
her designee;
(4)
The director of the Office of Planning and Budget or his
or
her designee;
(5)
The commissioner of natural resources or his
or
her designee;
(6)
The state revenue commissioner or his
or
her designee;
(7)
The Commissioner of Agriculture or his
or
her designee;
(8)
The administrator of the 'Fair Business Practices Act of 1975' or his
or
her designee;
(9)
The chairperson of the legislative committee of reference or that person's
designee from that committee, but only when legislation referred by such
committee is being considered by the council; and
(10)
The chairperson of that standing committee of the General Assembly appointed by
the presiding officer thereof pursuant to subsection (b) of Code Section 43-1A-5
or that chairperson's designee from that committee, but only when legislation of
which that presiding officer was notified under subsection (b) of Code Section
43-1A-5 is being considered by the council.
(c)
The director of the Office of Planning and Budget or his
or
her designee shall serve as chairperson of
the council.
(d)
Legislative members of the council appointed thereto pursuant to paragraphs (9)
and (10) of subsection (b) of this Code section shall receive for their
attendance of meetings of the council the same expense and mileage allowance
authorized for legislative members of interim legislative
committees.
43-1A-5.
(a)
It shall be the duty of the council
to:
(1)
Review
review
all bills introduced in the General Assembly to license or certify a profession
or business, which is not currently licensed or certified by the state, based on
the criteria outlined in Code Section
43-1A-6.;
and
(2)
Review each existing regulatory entity that is currently regulated pursuant to
this title to determine the applicability and necessity of such regulatory
entity's authority with relation to the current professional and business
conditions of this state. The council shall conduct such review a minimum of
once every seven years. All council meetings relating to a review of an
existing regulatory entity pursuant to this paragraph shall be conducted in
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act.'
(b)
The chairperson of the legislative committee of reference shall provide written
notification to the council of any proposed legislation introduced in that house
of the General Assembly of which that committee is a standing committee if that
legislation provides for the licensure or certification of a business or
profession not currently licensed or certified by the state. That chairperson at
the same time shall provide written notification of that legislation to the
presiding officer of the house of the General Assembly in which that legislation
was not introduced, and that presiding officer shall then appoint the
chairperson of a standing committee of that house to serve as a member of the
council for the purpose of considering that legislation, except that the
chairperson so appointed may instead designate another member of that standing
committee to serve as a member of the council for that purpose. Within a period
of time not to exceed nine months from the date of such notification to the
council, but in no event later than the convening date of the next succeeding
regular session of the General Assembly, the council shall provide a formal
report evaluating the need to regulate the business or profession based on the
factors and information provided under Code Section 43-1A-7 to the chairperson
of the legislative committee of reference, the committee chairperson appointed
to the council pursuant to paragraph (10) of subsection (b) of Code Section
43-1A-4, the presiding officers of the House of Representatives and the Senate,
and the legislative counsel.
If, subsequent
to a review pursuant to paragraph (2) of subsection (a) of this Code section,
the council concludes changes are needed to the regulations of an existing
regulatory entity, or that a regulatory entity's existence is no longer
necessary or in the interests of the state, a formal report recommending such
changes shall be completed and distributed in the same manner described
previously herein. If the council
determines a need for regulation, the report shall recommend an appropriate type
of regulation and an appropriate state agency to oversee the
regulation.
(c)
The council shall work with the applicant group, the legislative committee of
reference, and other interested parties in formulating its formal
report.
(d)
The head of a regulatory entity subject to review pursuant to paragraph (2) of
subsection (a) of this Code section shall have the right to testify to the
council to contribute its perspective and recommendations regarding potential
changes to how such regulatory entity is regulated.
43-1A-6.
All
bills introduced in the General Assembly to newly regulate a profession or
business
should
and all
reviews of existing regulatory entities pursuant to paragraph (2) of subsection
(a) of Code Section 43-1A-5 shall be
reviewed according to the following criteria. In evaluating
how
or whether a profession or business shall
hereafter be regulated, the following factors shall be considered:
(1)
Whether the unregulated practice of
an
the
occupation may harm or endanger the health, safety, and welfare of citizens of
the
this
state and whether the potential for harm is recognizable and not
remote;
(2)
Whether the practice of
an
the
occupation requires specialized skill or training and whether the public needs
and will benefit by assurances of initial and continuing occupational
ability;
(3)
Whether the citizens of this state are or may be effectively protected by other
means;
and
(4)
Whether the overall cost effectiveness and economic impact would be positive for
citizens of
the
state
this state;
and
(5)
Whether there are means other than state regulation to protect the interests of
the state.
43-1A-7.
After
July 1, 1986, applicant
Applicant
groups and other interested parties shall explain in writing each of the
following factors to the extent requested by the council and the legislative
committee of reference:
(1)
A definition of the problem and why regulation is necessary:
(A)
The nature of the potential harm to the public if the business or profession is
not regulated, and the extent to which there is a threat to public health and
safety; and
(B)
The extent to which consumers need and will benefit from a method of regulation
identifying competent individuals engaged in the business or
profession;
(2)
The efforts made to address the problem:
(A)
Voluntary efforts, if any, by members of the business or profession to establish
a code of ethics or help resolve disputes between the business or professional
group and consumers; and
(B)
Recourse to and the extent of use of applicable law and whether it could be
strengthened to control the problem;
(3)
The alternatives considered:
(A)
Regulation of business or professional employers rather than
employees;
(B)
Regulation of the program or service rather than the individuals;
(C)
Registration of all individuals;
(D)
Certification of all individuals;
(E)
Other alternatives;
(F)
Why the use of the alternatives specified in this paragraph would not be
adequate to protect the public interest; and
(G)
Why licensure would serve to protect the public interest;
(4)
The benefit to the public if regulation is granted:
(A)
The extent to which the incidence of specific problems present in the
unregulated business or profession can reasonably be expected to be reduced by
regulation;
(B)
Whether the public can identify qualified individuals;
(C)
The extent to which the public can be confident that regulated individuals are
competent:
(i)
Whether the proposed regulatory entity would be a board composed of members of
the profession and public members, or a state agency, or both and, if
appropriate, their respective responsibilities in administering the system of
certification or licensure, including the composition of the board; the powers
and duties of the board or state agency regarding examinations, investigations,
and the disciplining of certified or licensed individuals; the promulgation of
rules and a code of ethics; and how fees would be levied and collected to cover
the expenses of administering and operating the regulatory system;
(ii)
If there is a grandfather clause, whether such individuals will be required to
meet the prerequisite qualifications established by the regulatory entity at a
later date;
(iii)
The nature of the standards proposed for certification or licensure as compared
with the standards of other jurisdictions;
(iv)
Whether the regulatory entity would be authorized to enter into reciprocity
agreements with other jurisdictions; and
(v)
The nature and duration of any training and whether applicants will be required
to pass an examination; and, if an examination is required, by whom it will be
developed and how the cost of development will be met; and
(D)
Assurance to the public that regulated individuals have maintained their
competence:
(i)
Whether the certification or license will carry an expiration date;
and
(ii)
Whether renewal will be based only upon payment of a fee or whether renewal will
involve reexamination, satisfactory completion of continuing education, peer
review, or other enforcement;
(5)
The extent to which regulation might harm the public:
(A)
The extent to which regulation might restrict entry into the business or
profession and whether the proposed standards are more restrictive than
necessary to ensure safe and effective performance; and
(B)
Whether there are similar professions to that of the applicant group which
should be included in, or portions of the applicant group which should be
excluded from, the proposed legislation;
(6)
A description of the group proposed for regulation, including a list of
associations, organizations, and other groups representing the business or
profession in this state, an estimate of the number of individuals in each
group, and whether the groups represent different levels of business or
professional activity;
(7)
The expected cost of regulation:
(A)
The impact regulation might have on the costs of service to the
public;
(B)
The impact regulation might have on various types of insurance; and
(C)
The initial and long-term cost to the state and to the general public of
implementing the proposed legislation; and
(8)
Any additional information requested by the council or the legislative committee
of reference.
43-1A-8.
(a)
After evaluating the report of the council and any other desired information
based on the criteria outlined in Code Section 43-1A-6 and considering
governmental and societal costs and benefits, if the General Assembly finds that
it is necessary to regulate a business or profession not previously regulated by
law, the most appropriate alternative method of regulation should be
implemented, consistent with the public interest and this Code
section:
(1)
Where the consumer may have a substantial basis for relying on the services of a
profession or business, a system of certification should be
implemented;
(2)
Where apparent that adequate regulation cannot be achieved by means other than
licensing, a system of licensing should be implemented; or
(3)
Where regulation as defined in this chapter is deemed too restrictive and
unnecessary to protect the public health and welfare, a less restrictive means
of ensuring public protection,
including,
but not limited
to,
stricter civil action or criminal penalties, inspection requirements, or a
system of registration, may be considered.
(b)
With regard to an existing regulatory entity, after evaluating the report of the
council and any other desired information based on the criteria outlined in Code
Section 43-1A-6 and considering governmental and societal costs and benefits,
the General Assembly shall:
(1)
Take no action if it has determined that such existing regulatory agency is
efficiently regulated and that no action is necessary in the interests of the
state;
(2)
Amend the enabling legislation of such existing regulatory entity if it has
determined that making such amendments shall more efficiently regulate such
regulatory entity in a manner that is in the best interests of the state;
or
(3)
Repeal the enabling legislation of such existing regulatory entity if it has
determined that the continuing regulation of such regulatory entity is no longer
in the interests of the state.
43-1A-9.
Nothing
in this chapter shall be construed to limit the authority of the General
Assembly to legislate as authorized by the Constitution."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.