Anti-occupational regulation bill fails in House committee

A bill that would enable individuals in certain occupations to challenge regulations failed to advance past a House committee Thursday (Feb. 23) after opponents argued it would make it easier for unlicensed people to engage in activities best done by licensed personnel.

House Bill 1551 by Rep. Richard Womack, R-Arkadelphia, failed by one vote to pass the House Public Health, Welfare and Labor Committee, 10-6. Womack said afterward the bill failed because of “misinformation and just fear of the unknown.” He said he may or may not bring up the bill again.

“There were a few votes that changed their mind today, and I’m not sure why, so I guess after I talk to those members and see what their concerns are and if there’s a way to address them, we’ll make that decision then,” he said.

Under the bill, private individuals would have the “right to engage in a lawful occupation.” Those individuals would not have to comply with occupational regulations imposing substantial time and financial burdens, and that are unreasonable and overly restrictive in protecting health and safety. Individuals would challenge the regulation at their own expense in a judicial or administrative proceeding. Those decisions would apply only to the individual. Individuals could not present themselves as certified, registered or licensed if they are not.

The bill would not repeal current laws regarding occupational regulations, but it states that it would be “construed liberally to protect the right to engage in a lawful occupation established in this chapter.” A number of professions would not be affected, including attorneys, accountants, engineers, physicians, and dentists.

Womack said the bill would not repeal any licensure standards but would give individuals an option for challenging regulations at their own expense. Asked in committee for an example of why it would be necessary, he said a person had been told by someone laying tile in his bathroom that he could not reset the toilet because he was not a licensed plumber.

“I see this as an avenue to start slowly and methodically pealing back unreasonable regulations without upsetting business,” he said.

But several representatives from various industries said the bill would open up their professions to unlicensed, unregulated practitioners doing work for which they are not qualified. Tom Hunt with the Arkansas HVACR Association said the law would create a class of people who would tell customers they can perform a service as long as they expressly state they are not licensed. He said modern heating and air-conditioning work is not intuitive and requires training. Asked by Rep. Jack Ladyman, R-Jonesboro, a professional engineer, if he would appreciate the ability to push back against unnecessary regulations, Hunt said he already has that ability through his legislators.

Joe Carter, CEO of Snyder Environmental, said the bill could give individuals the right to perform services for which they are not qualified before a court intervenes.

Rep. John Payton, R-Wilburn, argued that the bill would not create situations where individuals could perform activities for which they are not qualified. He said regulations and licensing are sometimes used to squash competition.

The committee’s chairman, Rep. Jeff Wardlaw, R-Hermitage, initially ruled the bill had passed, but a roll call requested by Rep. Fred Love, D-Little Rock, proved otherwise.

Voting yes were Reps. Womack; Wardlaw; Payton; Ladyman; David Meeks, R-Conway; Josh Miller, R-Heber Springs; Mary Bentley, R-Perryville; Justin Gonzalez, R-Okolona; Austin McCollum, R-Bentonville; and Aaron Pilkington, R-Clarksville.

Voting no were Love and Reps. Kim Hammer, R-Benton; David Branscum, R-Marshall; Stephen Magie, R-Conway; Robin Lundstrum, R-Elm Springs; Bruce Coleman, R-Mountainburg; and Deborah Ferguson, D-West Memphis.