Bill Text: VA HB1566 | 2017 | Regular Session | Prefiled
Bill Title: Professions and occupations; active supervision of regulatory boards.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2017-01-11 - Assigned GL sub: Subcommittee #4 [HB1566 Detail]
Whereas, in North Carolina State Board of Dental Examiners v. Federal Trade Commission, 135 S. Ct. 1101 (2015), the Supreme Court of the United States established a new standard for determining whether state professional licensing boards and board members are entitled to immunity for federal antitrust violations; and
Whereas, pursuant to North Carolina State Board of Dental Examiners v. Federal Trade Commission, state professional licensing boards and board members are entitled to antitrust immunity only if (i) their anticompetitive conduct is consistent with "clearly articulated" state policy and (ii) the state provides "active supervision" of their conduct; and
Whereas, it is the policy of the Commonwealth to increase economic opportunities for all of its citizens by promoting competition and thereby encouraging innovation and job growth; and
Whereas, it is also the policy of the Commonwealth to displace competition only when necessary to protect consumers from present, significant, and substantiated harms that threaten public health and safety; and
Whereas, by establishing the policies and procedures of this act, the General Assembly intends to ensure that the state's professional licensing boards and board members are entitled to antitrust immunity and that state laws relating to professions and businesses are interpreted and enforced in a manner consistent with clearly articulated state policies; now, therefore,
Be it enacted by the General Assembly of Virginia:
1. That §§30-28.16, 54.1-100, 54.1-100.1, 54.1-300, and 54.1-311 of the Code of Virginia are amended and reenacted and that the Code of Virginia are amended by adding in Chapter 5 of Title 2.2 an article numbered 5, consisting of a section numbered 2.2-525, and by adding sections numbered 30-28.16:1 and 54.1-100.01 through 54.1-100.04 as follows:
"Regulatory board" means the same as that term is defined in §54.1-100.01.
A. The Division shall:
1. Establish a reference library which develops and maintains a library collection to support the work of the Division and the General Assembly and which provides general and specific reference services to members of the General Assembly;
2. Keep on file copies of all bills, resolutions, amendments thereto, reports of committees and other documents printed by order of either house of the General Assembly;
3. Accumulate data and statistics regarding the practical operation and effect of statutes of this and other states;
4. Carry out such research projects as shall be assigned to it by the Committees on Rules of the House of Delegates and the Senate;
5. Furnish upon written request of any person a copy of any charter of a city or town of the Commonwealth at the charge prevailing from time to time for reproducing same;
6. Employ a professional and occupational regulatory analyst pursuant to §30-28.16:1.
7. Carry out research and obtain and analyze information for members of the General Assembly and its committees; and
7. 8. Provide
an annual report to the General Assembly, indexed according to standing
committee jurisdiction, on the status of all reports, actions, or data
collection that is required by legislation enacted by the General Assembly or
otherwise requested by the General Assembly of agencies and collegial bodies of
state government. The report for the most recently completed calendar year
shall be submitted to the General Assembly and the Governor as soon as
practicable after the first day of the next regular session and may be provided
through the legislative electronic information system.
B. Upon the request of the Governor, any member of the General Assembly, any Governor's Secretary, or the head of any legislative, judicial or independent agency, the Division shall:
1. Draft or aid in drafting legislative bills or resolutions and amendments thereto;
2. Advise as to the constitutionality or probable legal effect of proposed legislation;
3. Prepare summaries of existing laws affected by proposed legislation, compilations of laws in other states or countries relating to the subject matter of such legislation, and statements of the operation and effect of such laws; or
4. Make researches and examinations as to any subject of proposed legislation.
C. The Director shall perform such other duties as may be required of him by the Committees on Rules of the House of Delegates and the Senate.
§30-28.16:1. Professional and occupational regulatory analyst; duties; report.
"Regulatory board" means the same as that term is defined in §54.1-100.01.
1. The unregulated practice of the profession or occupation can harm or endanger the health, safety, or welfare of the public, and the potential for harm is recognizable and not remote or dependent upon tenuous argument;
2. The practice of the profession or occupation has inherent qualities peculiar to it that distinguish it from ordinary work and labor;
3. The practice of the profession or occupation requires specialized skill or training and the public needs, and will benefit by, assurances of initial and continuing professional and occupational ability; and
4. The public is not effectively protected by other means.
B. The Attorney General shall (i) approve a rule if he determines it is consistent with applicable federal antitrust laws and the clearly articulated state policy established by this article, (ii) disapprove a rule if he determines it is not consistent with applicable federal antitrust laws and the clearly articulated state policy established by this article, or (iii) remand the rule to the regulatory board to obtain more information or take action.
C. The Governor and any member of the General Assembly may request the Attorney General to review any rule, policy, or enforcement action of a regulatory board for compliance with applicable federal antitrust laws and this article.
§54.1-100.1. Department of Commerce continued as Department of Professional and Occupational Regulation.
As used in this chapter unless the context requires a different meaning:
"Board" means the Board for Professional and Occupational Regulation.
"Department" means the Department of Professional and Occupational Regulation.
"Director" means the Director of the Department of Professional and Occupational Regulation.
"Regulatory board" means the Auctioneers Board, Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects, Board for Barbers and Cosmetology, Board for Branch Pilots, Board for Contractors, Board for Hearing Aid Specialists and Opticians, Board for Professional Soil Scientists, Wetland Professionals, and Geologists, Board for Waste Management Facility Operators, Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals, Cemetery Board, Real Estate Appraiser Board, Real Estate Board, Fair Housing Board, Virginia Board for Asbestos, Lead, and Home Inspectors, and Common Interest Community Board.
§54.1-311. Degrees of regulation.
Whenever the Board determines that a particular profession
or occupation should be regulated, or that a different degree of regulation
should be imposed on a regulated profession or occupation, it shall consider degrees of regulation