SB 255 - Increases Occupational Licensing Board Requirements - Ohio Key Vote

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Title: Increases Occupational Licensing Board Requirements

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Title: Increases Occupational Licensing Board Requirements

Vote Smart's Synopsis:

Vote to pass a bill that increases requirements for state occupational licensing boards.

Highlights:

  • Specifies that an occupational licensing board shall expire no later than 5 years after it was created or last renewed, or on December 31, 2023, whichever comes later (Sec. 1).

  • Specifies that the General Assembly has the authority to conclude an occupational licensing boards business and operation and to transfer those functions and personnel to another successor agency, board, or officer (Sec. 1).

  • Requires both the President of the Senate and Speaker of the State House of Representatives to direct standing committees to review approximately 20 percent of the Occupational Licensing Boards no later than March 1 of any calendar year (Sec. 1).

  • Specifies that each occupational licensing board scheduled to be reviewed by a standing committee, submit to the committee a report containing the following information, including, but not limited to (Sec. 1):

    • The boards primary purpose, and various goals or objectives;

    • The boards past and anticipated workload, and total number of staff needed;

    • The boards past and anticipated budgets and source of funding; and

    • The number of members on the boards governing entity, and their compensation if any.

  • Requires each occupational licensing board to provide the burden of proof in demonstrating to the standing committee the public need for the board’s continued existence (Sec. 1).

  • Specifies that the expiration or abolition of an occupational board will not result in the termination or dismissal of any claim pending against the board by any individual, or any claim pending against an individual by the Board, unless directly addressed by the General Assembly (Sec. 1).

  • Requires the standing committee consider the following information as relevant, when determining the public need for the boards continued existence, including, but not limited to (Sec. 1):

    • Whether or not the boards continuation is necessary to protect the health, safety, and welfare of the public;

    • Whether or not the public could be protected or served in an alternate or less restrictive manner;

    • Whether or not the board serves a specific private interest;

    • Whether or not the rules adopted by the board are consistent with the legislative mandate;

    • Whether the operation of the board has inhibited economic growth, reduced efficiency, or increased the cost of government; and

    • Whether or not the purpose for which the board was created has been fulfilled, changed, or no longer existing.

  • Defines “occupational licensing board” as any of the following agencies, including, but not limited to (Sec. 1):

    • Board, commission, or committee;

    • Council, state public body, or administrative department; and

    • Any agency, division, or office of state government that issues occupational licenses.

 

  • Defines “occupational license” as a nontransferable authorization in law that an individual must possess in order to perform a lawful occupation for compensation based on meeting personal qualifications established by a statute (Sec. 1).

  • Specifies that both the terms “certification” and “registration” is not synonymous and does not have the same definition as “occupational license” (Sec. 1).

  • Authorizes this bill to upon passage, overrule any other previously passed bill, provision, or ordinance that regulates an occupation that is also regulated by the state (Sec. 1).

Title: Increases Occupational Licensing Board Requirements

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