Threats to Professional Licensure: State Watch
7
Active ThreatsIntroduced in the current legislative session
92
Potential ThreatsPrior licensure threats that could resurface
12
EnactedSigned into law
6
Consumer Choice BillAllows unlicensed persons to practice professions that require licensure
27
Right to Engage in a Lawful Occupation ActOften assumes market competition is sufficient to protect the public and that licensure is unnecessary
Alaska
Threat Type: “Right to Engage in a Lawful Occupation Act.” Seeks to establish the least restrictive means of regulating an occupation. Often proposes the elimination of licensure requirements for certain professions. Professional engineers aren’t specifically targeted, but are included.
Bill Number: H.B. 299
Arkansas
Threat Type: Other: Tracking Software
Bill Number: SB 281
This tracking software legislation mandates that all state contractors use software to verify the amount of time they are working on a state contract. The software tracks total keystroke and mouse event frequency, and records a screenshot at least once every three minutes. It presents significant privacy and security concerns.
Threat Type: Sunset Review: Requires review and analysis of licensing boards, associated with a regulatory requirement that the respective board be dissolved. Must result in recommendations to remove any unnecessary or overly burdensome licensing requirements, and recommendation for continuation of the Board. Professional engineers aren’t specifically targeted, but are included.
Bill Number: SB 171
SB 171 creates the Sunrise and Sunset Occupational Licensing Commission, which would be tasked with reviewing all occupational licensing regulations. The bill prohibits anyone who is licensed, or whose spouse is licensed, by a particular Board from serving on the Commission that will review the respective Board’s regulations. This means the Commission won’t have any subject matter experts who can speak to the reasoning or necessity for specific regulations.
Threat Type: “Right to Engage in a Lawful Occupation Act.” Seeks to establish the least restrictive means of regulating an occupation. Often proposes the elimination of licensure requirements for certain professions. Professional engineers aren’t specifically targeted, but are included.
Bill Number: HB 1551, HB 2176
These similar bills sought to use "right to engage in a lawful occupation" in affirmative defense in a judicial or administrative proceeding to enforce an occupational regulation. In such action where the defense is raised, these pieces of legislation require the state to prove by a preponderance of the evidence that the regulation is substantially related to an important state interest, and that the regulation is reasonable and no more restrictive than necessary to advance that interest. These bills never made it out of committee and failed upon adjournment. NSPE has contacted the Arkansas Society to discuss next steps to ensure that the license is protected.
Arizona
Threat Type: “Right to Engage in a Lawful Occupation Act.” Seeks to establish the least restrictive means of regulating an occupation. Often proposes the elimination of licensure requirements for certain professions. Professional engineers aren’t specifically targeted, but are included.
Bill Number: Arizona S.B. 1142
S.B. 1142 requires amendment of existing occupational licensing regulations, using the “least restrictive” model that assumed market competition is sufficient to protect public health and safety.
Threat Type: “Right to Engage in a Lawful Occupation Act.” Seeks to establish the least restrictive means of regulating an occupation. Often proposes the elimination of licensure requirements for certain professions. Professional engineers aren’t specifically targeted, but are included.
Bill Number: HB 2231
HB 2231 Requires amendment of existing occupational licensing regulations, using the “least restrictive” model that assumed market competition is sufficient to protect public health and safety.
Threat Type: Other: Tracking Software
Bill Number: HB 2086
This tracking software legislation mandates that all state contractors use software to verify the amount of time they are working on a state contract. The software tracks total keystroke and mouse event frequency, and records a screenshot at least once every three minutes. It presents significant privacy and security concerns.
Threat Type: “Right to Engage in a Lawful Occupation Act.” Seeks to establish the least restrictive means of regulating an occupation. Often proposes the elimination of licensure requirements for certain professions. Professional engineers aren’t specifically targeted, but are included.
Bill Number: SCR 1037, SB 1437
SCR 1037 was a proposed amendment to the Arizona Constitution. This resolution stated that a person has a fundamental right to engage in an occupation or profession. “No state law or rule shall be enacted or enforced that prohibits or regulations a person from engaging in any occupation or profession unless the state law or rule is clearly necessary to protect the public health or safety.”
Threat Type: Executive order requiring review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. The executive order does not specifically target professional engineers.
Bill Number: Executive Order 2017-03
Governor Ducey has made reforming occupational licensing a major focus of his administration. On March 29th 2017, Arizona Gov. Doug Ducey issued an Executive Order requiring all state licensing boards to report on their minimum requirements for obtaining an occupational license. Should those requirements exceed national averages, the order requires that boards justify them in “specific reference to potential harm to individual Arizonans.”
California
Threat Type: “Right to Engage in a Lawful Occupation Act.” Seeks to establish the least restrictive means of regulating an occupation. Often proposes the elimination of licensure requirements for certain professions. Professional engineers aren’t specifically targeted, but are included.
Bill Number: AB 2409
This bill establishes that a person has a right to engage in a lawful profession or vocation without being subject to an occupational regulation, as defined, that imposes a substantial burden on that right, and would require each occupational regulation to be limited to what is demonstrably necessary and narrowly tailored to fulfill a legitimate public health, safety, or welfare objective.
The bill would also include within this the right of a person with a criminal record to obtain a license and not to have a board use the person’s criminal record as an automatic or mandatory permanent bar to engaging in a lawful profession or vocation. The bill would also include the right of a person who is behind on his or her taxes or student loans to petition a board not to use these factors against that person, as prescribed.
NSPE reached out to the California Society of Professional Engineers about this legislation and will continue to work together to defeat attacks on the PE license.
Colorado
Threat Type: “Right to Engage in a Lawful Occupation Act.” Seeks to establish the least restrictive means of regulating an occupation. Often proposes the elimination of licensure requirements for certain professions. Professional engineers aren’t specifically targeted, but are included.
Bill Number: HB 1117
HB 1117 requires the Department of Regulatory Affairs to presume that consumers are sufficiently protected by market competition and private remedies, and to create occupational regulations only where the department finds credible evidence of a present, significant, and substantiated harm to consumers.
Threat Type: “Right to Engage in a Lawful Occupation Act.” Seeks to establish the least restrictive means of regulating an occupation. Often proposes the elimination of licensure requirements for certain professions. Professional engineers aren’t specifically targeted, but are included.
Bill Number: SB 236, SB 193
SB 236 required the Department of Regulatory Affairs to presume that consumers are sufficiently protected by market competition and private remedies, and to create occupational regulations only where the department finds credible evidence of a present, significant, and substantiated harm to consumers.
SB 193, or the “Right to Earn a Living Act” prohibited state agencies from imposing a personal qualification requirement in order to engage in a profession or occupation unless the agency could show that the requirement was demonstrably necessary and narrowly tailored to address a specific, legitimate public health, safety, or welfare objective.
On or before July 1, 2019, every agency would have been required to review occupational regulations and determine whether any regulations should be repealed or amended based on specific requirements. An individual could also file a petition with an agency requesting that an occupational regulation be repealed or amended.
NSPE alerted NSPE-CO to these pieces of legislation and collaborated to oppose these measures.
Threat Type: “Right to Engage in a Lawful Occupation Act.” Seeks to establish the least restrictive means of regulating an occupation. Often proposes the elimination of licensure requirements for certain professions. Professional engineers aren’t specifically targeted, but are included.
Bill Number: SB 236, SB 193
SB 236 requires the Department of Regulatory Affairs to presume that consumers are sufficiently protected by market competition and private remedies, and to create occupational regulations only where the department finds credible evidence of a present, significant, and substantiated harm to consumers.
SB 193, or the “Right to Earn a Living Act” prohibits state agencies from imposing a personal qualification requirement in order to engage in a profession or occupation unless the agency can show that the requirement is demonstrably necessary and narrowly tailored to address a specific, legitimate public health, safety, or welfare objective.
On or before July 1, 2019, every agency is required to review occupational regulations and determine whether the regulation should be repealed or amended based on specific requirements. An individual may also file a petition with an agency requesting that an occupational regulation be repealed or amended.
NSPE alerted NSPE-CO to these pieces of legislation and collaborated to oppose these measure.
Connecticut
Threat Type: Legislation requiring the review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. This piece of legislation does not specifically target professional engineers.
Bill Number: SB 326
As originally proposed, the measure required the Commissioner of Consumer Protection to conduct a study regarding occupational licensing. However, the substitute exempts licenses issued pursuant to chapter 393 of the general statutes. Licenses in Chapter 393 of the General Statutes include electricians, plumbers, solar, heating, piping and cooling contractors, and swimming pool builders. Professional engineers were not exempted.
NSPE reached out to the Connecticut Society of Professional Engineers and collaborated to ensure that engineering licensure was protected in Connecticut.
Delaware
Threat Type: Executive order requiring review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. The executive order does not specifically target professional engineers.
Bill Number: Executive Order 60
Established the Delaware Professional Licensing Review Committee. The Committee is responsible for recommending standards and best practices to ensure that Delaware residents can enter a profession free from regulatory or administrative burdens. In its September 2016 report, the Committee reiterated its recommendation regarding the creation of oversight power, vested in the Division of Professional Regulation, to protect the public from anti-competitive decisions. Regarding the Delaware Association of Professional Engineers (DAPE), the Committee recognized that the DAPE has not promulgated any regulations regarding licensure. The Committee also recommended that the Director of the Division of Professional Regulation should be afforded the same power to review any regulations promulgated by the DAPE and veto or modify them as necessary, as well as the same power to modify or reject any decisions regarding unlicensed practice. NSPE will work with the Delaware Engineering Society to ensure that engineering licensure is not negatively impacted. The report can be seen here.
Florida
Threat Type: Sunset Review: Requires review and analysis of licensing boards, associated with a regulatory requirement that the respective board be dissolved. Must result in recommendations to remove any unnecessary or overly burdensome licensing requirements, and recommendation for continuation of the Board. Professional engineers aren’t specifically targeted, but are included.
Bill Number: S.B. 1124
S.B. 1124 is known as the “Occupational Regulation Sunset Act,” which would create a schedule for the review of occupational licenses. The review could result in the elimination of certain licenses and boards.
Threat Type: Sunset Review: Requires review and analysis of licensing boards, associated with a regulatory requirement that the respective board be dissolved. Must result in recommendations to remove any unnecessary or overly burdensome licensing requirements, and recommendation for continuation of the Board. Professional engineers aren’t specifically targeted, but are included.
Bill Number: H.B. 707
H.B. 707 establishes a schedule for systematic review of occupational and professional licensing entities when the board is set to expire. The sunset review process would allow for the elimination of redundant and unneeded licenses or boards.
Threat Type: Sunset Review: Requires review and analysis of licensing boards, associated with a regulatory requirement that the respective board be dissolved. Must result in recommendations to remove any unnecessary or overly burdensome licensing requirements, and recommendation for continuation of the Board. Professional engineers aren’t specifically targeted, but are included.
Bill Number: S.B. 1124
S.B. 1124 establishes a schedule for systematic review of occupational and professional licensing entities when the board is set to expire. The sunset review process would allow for the elimination of redundant and unneeded licenses or boards.
Georgia
Threat Type: Other: A legislative, regulatory, or executive action that falls outside other threat categories, including proposed elimination of other occupational licenses, that doesn’t directly threaten professional engineers but requires attention.
Bill Number: H.B. 790
H.B. 790 would create a structural engineering license, and NSPE believes that fragmenting the professional engineering license into discipline-specific title or practice acts weakens, rather than strengthens, the integrity of the license.
Hawaii
Threat Type: Legislation requiring the review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. This piece of legislation does not specifically target professional engineers.
Bill Number: S.B. 202
A bill requiring the review and repeal of all vocational regulatory programs. Requires repeal of professional engineering regulations on June 30, 2028. Prior to repeal, the regulations must be reviewed by a legislative auditor, who must decide whether it is in the public’s interest for the vocational regulations to be continued, modified or repealed.
Threat Type: Other: Tracking Software
Bill Number: HB 1293, SB 1326
This tracking software legislation mandates that all state contractors use software to verify the amount of time they are working on a state contract. The software tracks total keystroke and mouse event frequency, and records a screenshot at least once every three minutes. It presents significant privacy and security concerns.
Iowa
Threat Type: Sunset Review: Requires review and analysis of licensing boards, associated with a regulatory requirement that the respective board be dissolved. Must result in recommendations to remove any unnecessary or overly burdensome licensing requirements, and recommendation for continuation of the Board. Professional engineers aren’t specifically targeted, but are included.
Bill Number: S.F. 2163
S.F. 2163 would establish a sunset review which would allow for the elimination of redundant and unneeded licenses or boards. Professional engineers aren’t specifically targeted but are often included. This bill also includes a license mobility provision; NSPE is taking steps to encourage legislators to separate this provision and the sunset review.
Threat Type: Other: Tracking Software
Bill Number: HSB 169/SSB 1192
This tracking software legislation mandates that all state contractors use software to verify the amount of time they are working on a state contract. The software tracks total keystroke and mouse event frequency, and records a screenshot at least once every three minutes. It presents significant privacy and security concerns.
Threat Type: “Right to Engage in a Lawful Occupation Act.” Seeks to establish the least restrictive means of regulating an occupation. Often proposes the elimination of licensure requirements for certain professions. Professional engineers aren’t specifically targeted, but are included.
Bill Number: HF 4, HF 46
In 2018, HF 4 sought to establish the right to engage in occupation free from regulations unless certain conditions are met. The legislation would have resulted in an overhaul of the licensure process without evaluating the merits of licensure for each profession. The bill failed on adjournment. The same measure had been previously filed during the 2015 Legislative Session (HF 46), but died in committee.
Idaho
Threat Type: Other: Tracking Software
Bill Number: H.135
This tracking software legislation mandates that all state contractors use software to verify the amount of time they are working on a state contract. The software tracks total keystroke and mouse event frequency, and records a screenshot at least once every three minutes. It presents significant privacy and security concerns.
Threat Type: Executive order requiring review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. The executive order does not specifically target professional engineers.
Bill Number: Executive Order 2019-02, Executive Order 2019-01
On Thursday, 31 January, Governor Little signed two executive orders following up on prior efforts to streamline occupational licenses in Idaho.
The first order includes an order that requires the state to periodically review all occupational licenses in regards to eliminating any that are no longer needed.
The second order requires state agencies that may want to enact new administrative rules to identify at least two existing rules to be eliminated or simplified.
The Governor noted that public safety is number one.
There are 442 different occupational licenses in Idaho administered by forty-seven boards and commissions and thirteen executive branches.
Threat Type: Legislation requiring the review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. This piece of legislation does not specifically target professional engineers.
Bill Number: SCR 146
This resolution, recommended by the Regulatory Reform Joint Sub-Committee, would authorize the Legislative Council to appoint an interim committee to: (1) study occupational licensing and certification laws and rules in Idaho, and (2) evaluate the necessity of such laws and rules. The purpose of the committee's study would be to ensure that Idaho's occupational licensing and certification laws and rules are in the public interest and are not anti-competitive in intent or effect.
NSPE reached out to the Idaho Society of Professional Engineers about the legislation and will continue to work together to defeat attacks on the PE license.
Threat Type: Legislation requiring the review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. This piece of legislation does not specifically target professional engineers.
More than a dozen lawmakers, on February 5, 2018 to announce the formation of a “Regulatory Reform Joint Subcommittee.” The subcommittee would examine state licensing board rules and regulations, and look for ways to streamline or eliminate unnecessary regulations, and review for anti-competitive provisions. The panel, co-chaired by Representative Gayann DeMordaunt and Senator Todd Lakey is a subcommittee of the House Business Committee and the Senate Commerce Committee.
The panel consists of three majority members and one minority member from each house’s committee and invites state regulatory boards to appear before it to detail the licensing rules and regulations specific to each industry. The Subcommittee has all the authority of an Idaho Legislative Committee including: power to subpoena, summon and examine witnesses, and require production and examine books, records, and papers. In this case the subcommittee will likely be ‘morphed’ into an interim committee to continue work through the interim.
In Apri, 2018, the Committee transition from a Special into the Interim Occupational Licensing and Certification Laws Committee and met several times in 2018. NSPE and the Idaho Society of Professional Engineers will continue to track actions by the Subcommittee in order to ensure the P.E license is upheld.
NSPE and the Idaho Society of Professional Engineers will continue to track actions by the Subcommittee in order to ensure the P.E license is upheld.including two senators, held a news conference.
Threat Type: Executive order requiring review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. The executive order does not specifically target professional engineers.
Bill Number: EXECUTIVE ORDER NO. 2017-06
Requires state agencies to submit a report to the Office of the Governor no later than July 1, 2018. The report will assess whether the licensure requirements are necessary and in the public interest while providing recommendations for improvement, modification, or elimination. Under the review process, the report from each Executive agency will include the timeframe in which a license is either granted or denied, prerequisites for a license, renewal requirements, requirements for accepting or denying an application and license renewal, qualifications for suspension, revocation or other disciplinary action, the cost to apply for an application or renewal of a license, and the cost for administering the licensing and renewal process. NSPE alerted the Idaho Society of Professional Engineers to the executive order and is advising on strategies to protect the PE license. Public comments will be accepted by the Bureau of Occupational Licenses until May 1, 2018. The Bureau will then submit a report to the Governors’ office detailing their assessment and recommendations by July 1, 2018. Testimony can be submitted here.
Illinois
Threat Type: Other: Tracking Software
Bill Number: HB 2127, HB 1326
This tracking software legislation mandates that all state contractors use software to verify the amount of time they are working on a state contract. The software tracks total keystroke and mouse event frequency, and records a screenshot at least once every three minutes. It presents significant privacy and security concerns.
Threat Type: “Right to Engage in a Lawful Occupation Act.” Seeks to establish the least restrictive means of regulating an occupation. Often proposes the elimination of licensure requirements for certain professions. Professional engineers aren’t specifically targeted, but are included.
Bill Number: HB 3319
The Right to Earn a Living Act establishes that at all entry regulations with respect to businesses and professions and all public service restrictions shall be limited to those demonstrably necessary and carefully tailored to fulfill legitimate public health, safety, or welfare objectives.
Within one year after the enactment, all agencies shall conduct a comprehensive review of all entry regulations within their jurisdictions, and for each such entry regulation it shall:
- Articulate with specificity the public health, safety, or welfare objective or objectives served by the regulation; and
- Articulate the reason or reasons why the regulation is necessary to serve the specified objective or objectives.
Threat Type: Other: A legislative, regulatory, or executive action that falls outside other threat categories, including proposed elimination of other occupational licenses, that doesn’t directly threaten professional engineers but requires attention.
In an effort to balance the state budget, Governor Bruce Rauner and Lt. Governor Evelyn Sanguinetti have announced a new assembly team of experts who are to focus on issue areas key to state policy development. The first of four units to be announced will focus on the state of economics. Under the direction of Hans Zigmund, named the governor’s first economic policy director, the team will be responsible for balanced budget initiatives and regulatory relief areas such as workers compensation and occupational licensure. In the past, Governor Rauner and the Illinois Legislature have made significant efforts to institute occupational reform. For example, in the recent establishment of the Illinois Competitiveness Council, the council is specifically instructed to examine the occupational licensure system to promote “job growth and job creation” and identify unnecessary burdens. NSPE is collaborating with the Illinois Society of Professional Engineers to ensure that the PE license is not impacted.
Indiana
Threat Type: Other: Tracking Software
Bill Number: HB 1572
This tracking software legislation mandates that all state contractors use software to verify the amount of time they are working on a state contract. The software tracks total keystroke and mouse event frequency, and records a screenshot at least once every three minutes. It presents significant privacy and security concerns.
Threat Type: “Consumer Choice”: Allows unlicensed persons to practice occupations that require licensure, provided the persons disclosed that they are unlicensed.
Bill Number: HB 1271
Known as a “Consumer Choice Bill,” these companion bills allow any person to practice any occupation without a license, as long as the person discloses to the consumer that he is unlicensed, before entering into an agreement with the consumer.
Threat Type: Legislation requiring the review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. This piece of legislation does not specifically target professional engineers.
Bill Number: SB 399, HB 1299
These companion measures provide that the small business ombudsman reviews proposed rules that are occupational regulations. However, during the House Ways and Means Committee, SB399 was stripped of the provisions referencing the ombudsman and review of the rulemaking processes leading toward licensure/registration. What remained in the bill was some language that appears benign that allows individuals to submit their criminal records to licensing boards to have a determination made whether or not their past criminal history will prohibit them from becoming licensed.
These companion bills, as initially filed, posed a major threat to occupational licensure and would have upended engineering licensure in Indiana. NSPE and the Indiana Society of Professional Engineers will continue to collaborate to ensure that these pieces of legislation do not threaten professional engineers.
Threat Type: A regulatory recommendation to eliminate the PE license.
On August 20, 2015, as the result of extensive advocacy efforts by the Indiana Society of Professional Engineers and NSPE, the Indiana Job Creation Commission (JCC) rescinded its troubling recommendation to eliminate licensure of the Professional Engineer. The JCC, which was created in 2014 to examine the licensing of all of the state’s professional boards, released its draft report recommending elimination of the PE license in Indiana. ISPE and NSPE organized a swift, coordinated response to urge the JCC and Indiana Governor Mike Pence to reverse the recommendation. ISPE sent a letter to the JCC Chairman Nick Rhoad and Governor Pence’s office on June 19, urging them to remove the recommendation. At ISPE’s request, NSPE sent a letter addressing the state and national implications of eliminating the PE license and urged the JCC to reverse their decision. The final report was amended but still stated that there would be further consideration of the licensure of engineers. NSPE has been actively monitoring developments around the country and stands ready, willing and able to collaborate with state societies to oppose any and all such efforts. Learn more.
Kansas
Threat Type: “Right to Engage in a Lawful Occupation Act.” Seeks to establish the least restrictive means of regulating an occupation. Often proposes the elimination of licensure requirements for certain professions. Professional engineers aren’t specifically targeted, but are included.
Bill Number: S.B. 391
S.B. 391 requires review and amendment of existing occupational licensing regulations, using the “least restrictive” model that assumed market competition is sufficient to protect public health and safety.
Threat Type: Other: Tracking Software
Bill Number: SB 56
This tracking software legislation mandates that all state contractors use software to verify the amount of time they are working on a state contract. The software tracks total keystroke and mouse event frequency, and records a screenshot at least once every three minutes. It presents significant privacy and security concerns.
Threat Type: Other: Tracking Software
Bill Number: S.B. 56
This tracking software legislation mandates that all state contractors use software to verify the amount of time they are working on a state contract. The software tracks total keystroke and mouse event frequency and records a screenshot at least once every three minutes. It presents significant privacy and security concerns.
Kentucky
Threat Type: Requires increased, and burdensome, state oversight of occupational regulatory boards. Often includes requirement that affected Board(s) get approval from a state government entity or office before enacting new regulations.
Bill Number: HB 178
Please check back for these details. Information is added to this section as it becomes available. Thank you.
Threat Type: Legislation requiring the review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. This piece of legislation does not specifically target professional engineers.
Bill Number: HB 465, HB 50
HB 465 comprehensively reorganized all boards and commissions, pulling them under direct state oversight. In fact, the State Board of Licensure for Professional Engineers and Land Surveyors would have been under the authority of the Land Development Authority. These new departments would have called for a regular five year review of all regulated occupations and boards.
HB 50 establishes that by November 15, 2018, and by November 15 every five years thereafter, each administrative agency shall conduct a comprehensive review of all occupational licensing regulations within its jurisdiction.
NSPE reached out to the Kentucky Society of Professional Engineers about the legislation and we continue to work together to defeat attacks on the PE license.
Louisiana
Threat Type: Legislation requiring the review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. This piece of legislation does not specifically target professional engineers.
Bill Number: HB 372, HB 748, SB 494
The Occupational Board Compliance Act (HB 372) creates the Occupational Licensing Review Commission to provide active supervision of state executive branch occupational licensing boards controlled by active market participants to ensure compliance with state policy in the adoption of occupational regulations promulgated by an occupational licensing board. This commission requires an occupational licensing board to submit any proposed occupational regulation to the commission before the occupational licensing board files the occupational regulation in the Office of the Secretary of State.
The Occupational Licensing Review Act (HB 748) requires the Office of the Governor, beginning July 1, 2018, to annually review approximately 20% of the state's current occupational regulations.
NSPE reached out to the Louisiana Engineering Society about this legislation and will continue to work together to defeat attacks on the PE license.
Threat Type: “Right to Engage in a Lawful Occupation Act.” Seeks to establish the least restrictive means of regulating an occupation. Often proposes the elimination of licensure requirements for certain professions. Professional engineers aren’t specifically targeted, but are included.
Bill Number: SB 504, HB 825
The Right to Earn a Living Act requires a review of the policies and entry regulations of professional licensing boards and agencies as well as any hurdles to going into business. If it deemed necessary, these bills require a modification or repeal of those policies that are not demonstrably necessary to maintain the public health, safety, or welfare of the people of the state and that the agency recommend that the legislature modify or repeal the policies that require legislative action.
NSPE reached out to the Louisiana Engineering Society about the legislation and will continue to work together to defeat attacks on the PE license.
Massachusetts
Threat Type: Other: Tracking Software
Bill Number: H.2769
This tracking software legislation mandates that all state contractors use software to verify the amount of time they are working on a state contract. The software tracks total keystroke and mouse event frequency, and records a screenshot at least once every three minutes. It presents significant privacy and security concerns.
Maryland
Threat Type: Other: Tracking Software
Bill Number: HB 483, SB 375
This tracking software legislation mandates that all state contractors use software to verify the amount of time they are working on a state contract. The software tracks total keystroke and mouse event frequency, and records a screenshot at least once every three minutes. It presents significant privacy and security concerns.
Michigan
Threat Type: Legislation requiring the review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. This piece of legislation does not specifically target professional engineers.
Bill Number: SB 40
Very similar to last session’s HB 6114.
This measure requires the Michigan Law Review Commission annually review the occupational regulations of approximately 20% of the occupations that are subject to state regulation, and over each 5-year period review all occupational regulations that are subject to state regulation. The Commission is required to evaluate whether those regulations are consistent with the policy of using the least restrictive regulation necessary to protect consumers from present, significant, and substantiated harms.
Assumes that market competition and private remedies are sufficient to protect consumers. NSPE reached out to the Michigan Society of Professional Engineers about this legislation and will continue to work together to defeat attacks on the PE license.
Threat Type: Legislation requiring the review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. This piece of legislation does not specifically target professional engineers.
Bill Number: HB 6114
This measure would have required the Michigan Law Review Commission annually review the occupational regulations of approximately 20% of the occupations that are subject to state regulation, and over each 5-year period review all occupational regulations that are subject to state regulation. The Commissions would have been required to evaluate whether those regulations are consistent with the policy of using the least restrictive regulation necessary to protect consumers from present, significant, and substantiated harms.
Assumed that market competition and private remedies are sufficient to protect consumers.
NSPE reached out to the Michigan Society of Professional Engineers about this legislation and will continue to work together to defeat attacks on the PE license.
Minnesota
Threat Type: Other: Tracking Software
Bill Number: HF 153, SF 1374, HF 1409, SF 913
This tracking software legislation mandates that all state contractors use software to verify the amount of time they are working on a state contract. The software tracks total keystroke and mouse event frequency, and records a screenshot at least once every three minutes. It presents significant privacy and security concerns.
Threat Type: “Right to Engage in a Lawful Occupation Act.” Seeks to establish the least restrictive means of regulating an occupation. Often proposes the elimination of licensure requirements for certain professions. Professional engineers aren’t specifically targeted, but are included.
Bill Number: SF 1776, HF 2225, SF 784
During the 2015 Legislative Session, SF 784 sought to ensure an individual could purse lawful occupation free from unnecessary occupational regulations. This measure never moved out of committee. During the 2017 Legislative Session, two similar companion measures were refiled. These companion measures articulate the right of an individual to pursue an occupation as a fundamental right. This right includes the right of an individual with a criminal history to obtain an occupational license, specialty occupational license for medical reimbursement, government certification, or any state recognition. NSPE has reached out to the Minnesota Society of Professional Engineers to ensure that the legislation is successfully defeated.
Missouri
Threat Type: Other: Tracking Software
Bill Number: HB 1168, SB 463
This tracking software legislation mandates that all state contractors use software to verify the amount of time they are working on a state contract. The software tracks total keystroke and mouse event frequency, and records a screenshot at least once every three minutes. It presents significant privacy and security concerns.
Threat Type: “Consumer Choice”: Allows unlicensed persons to practice occupations that require licensure, provided the persons disclosed that they are unlicensed.
Bill Number: SB 500
Generally referred to as a “consumer choice” bill, SB 500 and bills like it allow a non-licensed person to practice an occupation for which licensure is required, so long as the practitioner discloses to the consumer that he/she is unlicensed. The only type of disclosure that SB 500 requires is a notice on the practitioner’s homepage. Which means a consumer could hire this practitioner without the knowing the practitioner is unlicensed.
Threat Type: Other: A legislative, regulatory, or executive action that falls outside other threat categories, including proposed elimination of other occupational licenses, that doesn’t directly threaten professional engineers but requires attention.
Bill Number: HB 2312
The "Occupational Regulation Defense Act" allows an individual to assert a defense against the enforcement of an occupational regulation. The individual shall have the initial burden of proving by clear and convincing evidence that an occupational regulation substantially burdens the individual's right to pursue a lawful occupation.
If the individual meets the burden of proof, the state or political subdivision shall demonstrate by clear and convincing evidence that the state or political subdivision has an important interest in protecting against present and recognizable harm to the public health or safety and that the occupational regulation is substantially related to and the least restrictive means for furthering that important governmental interest.
Threat Type: Executive order requiring review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. The executive order does not specifically target professional engineers.
Bill Number: Executive Order 17-11
Creates the Boards and Commissions Task Force to:
- Evaluate the purpose and necessity of each existing board and commission;
- Determine the cost-effectiveness of each board and commission by considering their governmental, economic, and societal costs and benefits;
- Identify opportunities to eliminate or consolidate boards and commissions;
- Identify opportunities to modify the size, mission, and structure of boards and commissions;
- Identify opportunities to reduce barrier to entry in occupational licensing programs;
- Recommend comprehensive executive and legislative reform proposals to the Governor no later than October 31, 2017.
The Task Force provided policy recommendations to the Governor in October 2017 in its Task Force Report, emphasizing that if all recommendations were undertaken, “close to 450 gubernatorial appointments will be eliminated.”
Threat Type: “Right to Engage in a Lawful Occupation Act.” Seeks to establish the least restrictive means of regulating an occupation. Often proposes the elimination of licensure requirements for certain professions. Professional engineers aren’t specifically targeted, but are included.
Bill Number: HB 1466, HB 272, HB 413, HB 609, HB 480
In 2016, HB 1466 was introduced to establish guidelines for the regulation of occupations and professions not regulated by the Division of Professional Registration. The bill specified that an individual may engage in the occupation of his or her choice, free from unreasonable government regulation. The bill also stated that the state of Missouri may not impose a substantial burden on an individual's pursuit of his or her occupation or profession unless there is an important governmental interest for the state to protect the general welfare. This measure died in committee. NSPE and the Missouri Society of Professionals Engineers closely monitored this bill.
In 2017, four similar pieces of legislation were refiled (HB 272; HB 413, HB 609 & HB 480). In committee, these measures were substituted and combined into one measure; HB 480. This bill sought to establish guidelines for the regulation of occupations and professions not currently regulated by the Division of Professional Registration, within the Department of Insurance, Financial Institutions and Professional Registration, as well as guidelines for substantially increasing the scope of practice of currently regulated occupations and professions. The bill specified that the state may not impose a substantial burden on an individual's pursuit of his or her occupation or profession unless there is an important governmental interest for the state to protect the general welfare. Although this measure passed the House in March 2017, the measure died in the Senate Professional Registration Committee.
Mississippi
Threat Type: Legislation requiring the review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. This piece of legislation does not specifically target professional engineers.
Bill Number: HB 1425
HB 1425 or the “Occupational Board Compliance Act of 2017” states that for occupational regulations promulgated by occupational licensing boards, it is the policy of the State of Mississippi to increase economic opportunities for all its citizens by promoting competition using the least restrictive regulation necessary to protect consumers from present, significant, and substantiated harms that threaten public health and safety. In this goal is the creation of the Occupational Licensing Review Commission which will be responsible for the active supervision of state executive branch occupational licensing boards controlled by active market participants to ensure compliance with state policy in the adoption of occupational regulations.
This Commission will meet quarterly at the request of the Chair. All the meetings will be open to the public unless an executive session is declared. NSPE has reached out to the Mississippi Engineering Society to offer assistance in ensuring that this commission will not undermine the PE license.
Threat Type: “Right to Engage in a Lawful Occupation Act.” Seeks to establish the least restrictive means of regulating an occupation. Often proposes the elimination of licensure requirements for certain professions. Professional engineers aren’t specifically targeted, but are included.
Bill Number: H.B. 1104
H.B. 1104 requires review and amendment of existing occupational licensing regulations, using the “least restrictive” model that assumed market competition is sufficient to protect public health and safety.
Threat Type: “Right to Engage in a Lawful Occupation Act.” Seeks to establish the least restrictive means of regulating an occupation. Often proposes the elimination of licensure requirements for certain professions. Professional engineers aren’t specifically targeted, but are included.
Bill Number: S.B. 2790
S.B. 2790 requires review and amendment of existing occupational licensing regulations, using the “least restrictive” model that assumed market competition is sufficient to protect public health and safety.
Threat Type: Sunset Review: Requires review and analysis of licensing boards, associated with a regulatory requirement that the respective board be dissolved. Must result in recommendations to remove any unnecessary or overly burdensome licensing requirements, and recommendation for continuation of the Board. Professional engineers aren’t specifically targeted, but are included.
Bill Number: H.B. 1260
H.B. 1260 would establish a sunset review which would allow for the elimination of redundant and unneeded licenses or boards. Professional engineers aren’t specifically targeted but are often included.
Threat Type: Other: Tracking Software
Bill Number: HB 1133
This tracking software legislation mandates that all state contractors use software to verify the amount of time they are working on a state contract. The software tracks total keystroke and mouse event frequency, and records a screenshot at least once every three minutes. It presents significant privacy and security concerns.
Montana
Threat Type: A legislative recommendation to eliminate the PE license.
Bill Number: SB 365
SB 365 would eliminate the Montana Engineering Licensure Board. NSPE communicated with the Montana Society of Engineers. The Montana PE community united and was successful in having the section revoking the engineering licensure board rescinded.
Nebraska
Threat Type: Other: Tracking Software
Bill Number: LB 717
This tracking software legislation mandates that all state contractors use software to verify the amount of time they are working on a state contract. The software tracks total keystroke and mouse event frequency, and records a screenshot at least once every three minutes. It presents significant privacy and security concerns.
Threat Type: “Right to Engage in a Lawful Occupation Act.” Seeks to establish the least restrictive means of regulating an occupation. Often proposes the elimination of licensure requirements for certain professions. Professional engineers aren’t specifically targeted, but are included.
Bill Number: LB 299
This measure requires that beginning in 2019, each standing committee of the Legislature annually review and analyze approximately 20% percent of the occupational regulations within the jurisdiction of the committee and prepare and submit an annual report electronically to the Clerk of the Legislature by December 15 of each year. Each committee shall complete this process for all occupational regulations within its jurisdiction within five years and every five years thereafter. Each report shall include the committee's recommendations regarding whether the occupational regulations should be terminated, continued, or modified.
NSPE contacted and worked directly alongside the Nebraska Society of Professional Engineers regarding this threatening piece of legislation.
New Hampshire
Threat Type: Legislation requiring the review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. This piece of legislation does not specifically target professional engineers.
Bill Number: HB 1685
This measure sought to create an Occupational Regulation Review Commission to determine if regulatory boards utilize the least restrictive regulations. This bill also permitted individuals with criminal records to petition a licensing board, agency, department or other state or local issuer of occupational licenses for a determination of whether the individual's record would disqualify the individual from obtaining state recognition.
On March 1st, the House Committee on Executive Departments voted 9-8 against the bill, but that recommendation was overturned on March 7th by the full House by a vote of 177-148.
On March 22nd, the Senate Executive Departments and Administration Committee voted the measure “inexpedient to legislate” which killed the measure. NSPE collaborated with the New Hampshire Society of Professional Engineers to oppose the measure.
Threat Type: “Right to Engage in a Lawful Occupation Act.” Seeks to establish the least restrictive means of regulating an occupation. Often proposes the elimination of licensure requirements for certain professions. Professional engineers aren’t specifically targeted, but are included.
Bill Number: HB 1460
This measure established that all individuals should be permitted to enter any profession or occupation unless there is a demonstrated need for the state to protect the interests of the public by restricting entry into the profession or occupation. Required least restrictive form of regulation necessary to protect the public interest.
The measure also established criteria for the review or enactment of professional or occupational regulation by the state, to be administered by the Office of Professional Licensure and Certification.
The measure was ruled "inexpedient to legislate" during the February 27th Committee Meeting which is a means to kill the measure.
NSPE worked with the New Hampshire Society of Professional Engineers to ensure that this legislation was defeated.
Threat Type: Elimination of other occupational licenses, not including engineers.
Bill Number: HB 522
Establishes a committee to review occupational licensing and determine which licenses could be made optional for practitioners. The Executive Departments and Administration Committee deemed the bill inexpedient to legislate and died in committee. NSPE communicated with the New Hampshire Society of Professional Engineers to ensure the professional engineer was protected. The professional engineering community in New Hampshire was critical in defeating passage of this bill and protecting the integrity of the PE license. This measure is eligible for reconsideration during the 2018 Legislative Session.
New Jersey
Threat Type: Other: Tracking Software
Bill Number: A. 702, S. 1965
This tracking software legislation mandates that all state contractors use software to verify the amount of time they are working on a state contract. The software tracks total keystroke and mouse event frequency, and records a screenshot at least once every three minutes. It presents significant privacy and security concerns.
Threat Type: Other: Tracking Software
Bill Number: A.3989, S.2960
This tracking software legislation mandates that all state contractors use software to verify the amount of time they are working on a state contract. The software tracks total keystroke and mouse event frequency, and records a screenshot at least once every three minutes. It presents significant privacy and security concerns.
Threat Type: Other: A legislative, regulatory, or executive action that falls outside other threat categories, including proposed elimination of other occupational licenses, that doesn’t directly threaten professional engineers but requires attention.
Bill Number: A 4273
Authorizes a regulatory officer to review, amend, and repeal any regulation, action, or decision made by a board that has the potential to displace competition. The bill is intended to provide antitrust immunity to professional and occupational licensing boards consistent with federal law, specifically the decision of the United States Supreme Court in North Carolina State Board of Dental Examiners v. Federal Trade Commission. In that decision the Court held that if a controlling number of a board’s members are active market participants in the profession or occupation the board regulates, then the board may invoke state-action antitrust immunity only if it is subject to active supervision by the state. NSPE and the New Jersey Society of Professional Engineers are actively tracking this issue to ensure that the best interests of professional engineers and the public health, safety and welfare are protected.
New Mexico
Threat Type: Other: Tracking Software
Bill Number: SB 546
This tracking software legislation mandates that all state contractors use software to verify the amount of time they are working on a state contract. The software tracks total keystroke and mouse event frequency, and records a screenshot at least once every three minutes. It presents significant privacy and security concerns.
Threat Type: Executive order requiring review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. The executive order does not specifically target professional engineers.
Bill Number: Executive Order 2018-048
Governor Susana Martinez issued an executive order instructing the state’s boards, commissions and agencies to implement reforms that make it easier for New Mexicans to become licensed, reduce the burden of occupational licensing on military families and job-seekers who move to New Mexico, and aid those with a criminal record in finding gainful employment.
Under the Executive Order, boards are required to establish a ‘consumer choice’ process, which allows an individual to practice an occupation without an occupational license so long as (1) the individual or individual’s employer informs each prospective customer that the individual is not licensed by the State of New Mexico, and (2) the customer signs a written contract acknowledging the disclosure. This is very troubling language and NSPE is working with the New Mexico Society of Professional Engineers to combat this threat.
Nevada
Threat Type: “Right to Engage in a Lawful Occupation Act.” Seeks to establish the least restrictive means of regulating an occupation. Often proposes the elimination of licensure requirements for certain professions. Professional engineers aren’t specifically targeted, but are included.
Bill Number: AB 353
The bill states that occupational regulations must use the least restrictive regulation to protect consumers from harms that threaten public health and safety. At the last minute, the bill was scheduled for an April 12 hearing by the Nevada Assembly Committee on Commerce and Labor. NSPE and the Nevada Society were notified late on April 11 that a comment needed to be submitted immediately. Working together, NSPE and the Nevada Society put together a joint response in three hours. Because of the opposition to the bill, the bill was dropped from the committee’s agenda the next day. This is a fantastic example of what the national-state partnership can achieve to protect the integrity of the PE license. Read the comment here.
Ohio
Threat Type: Legislation requiring the review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. This piece of legislation does not specifically target professional engineers.
Bill Number: SB 255
The measure is a massive overhaul to reform occupational licensing in Ohio and appears to be a major threat to occupational licensure in Ohio. It states that Ohio will use the least restrictive regulation to protect public health and safety. The policy of employing the least restrictive regulation presumes that market competition and private remedies are sufficient to protect consumers.
NSPE alerted the Ohio Society of Professional Engineers to the bill and collaborated on efforts to defeat the legislation. In May 2018, NSPE submitted letters in opposition to this bill to state legislators.
Threat Type: “Right to Engage in a Lawful Occupation Act.” Seeks to establish the least restrictive means of regulating an occupation. Often proposes the elimination of licensure requirements for certain professions. Professional engineers aren’t specifically targeted, but are included.
Bill Number: HB 289
If passed, H.B. 289 would have required occupational licensing boards to expire on December 31, 2023 or five years after the board’s creation, whichever is later. This emancipates a person to engage in the profession without an occupational license, notwithstanding any law that requires a person to possess a license to lawfully engage in that profession. An occupational licensing board could be renewed by enactment of a law that continues the statutes creating, empowering, governing, or regulating the board.
NSPE alerted the Ohio Society of Professional Engineers to the bill and collaborated on efforts to defeat the legislation.
Threat Type: Legislation that increases state oversight of occupational regulatory boards.
Bill Number: SB 366
This measure sought to review compliance with antitrust requirements.
Oklahoma
Threat Type: Sunset Review: Requires review and analysis of licensing boards, associated with a regulatory requirement that the respective board be dissolved. Must result in recommendations to remove any unnecessary or overly burdensome licensing requirements, and recommendation for continuation of the Board. Professional engineers aren’t specifically targeted, but are included.
Bill Number: H.B. 2840
H.B. 2840 would establish a sunset review which would allow for the elimination of redundant and unneeded licenses or boards. Professional engineers aren’t specifically targeted but are often included.
Threat Type: Sunset Review: Requires review and analysis of licensing boards, associated with a regulatory requirement that the respective board be dissolved. Must result in recommendations to remove any unnecessary or overly burdensome licensing requirements, and recommendation for continuation of the Board. Professional engineers aren’t specifically targeted, but are included.
Bill Number: S.B. 1891
S.B. 1891 would establish a sunset review which would allow for the elimination of redundant and unneeded licenses or boards. Professional engineers aren’t specifically targeted but are often included.
Threat Type: Other: Tracking Software
Bill Number: HB 1096
This tracking software legislation mandates that all state contractors use software to verify the amount of time they are working on a state contract. The software tracks total keystroke and mouse event frequency, and records a screenshot at least once every three minutes. It presents significant privacy and security concerns.
Threat Type: “Right to Engage in a Lawful Occupation Act.” Seeks to establish the least restrictive means of regulating an occupation. Often proposes the elimination of licensure requirements for certain professions. Professional engineers aren’t specifically targeted, but are included.
Bill Number: S.B. 1678
S.B. 1678 requires review of all occupational boards and their regulations and requirements, on a 5-year rotating basis (20% of all boards each year). Requires “least restrictive” form of regulation for protecting public health, and safety. Assumes occupational licensing is the most restrictive and therefore the least desirable form of regulation.
Threat Type: Legislation requiring the review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. This piece of legislation does not specifically target professional engineers.
Bill Number: S.B. 651
Requires review of all occupational regulations by the respective regulatory agencies. Requires agencies to consider whether regulations are “demonstrably necessary and carefully tailored” to meet public health and safety concerns. Allows any member of the general public to petition any agency to repeal or modify any occupational regulation, and to challenge any occupation regulation in a court of law.
Threat Type: Legislation requiring the review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. This piece of legislation does not specifically target professional engineers.
Bill Number: SB 1475
Creates the Occupational Licensing Advisory Commission, which will review each occupational or professional licensing once every four years and make recommendations to the Legislature.
Threat Type: “Right to Engage in a Lawful Occupation Act.” Seeks to establish the least restrictive means of regulating an occupation. Often proposes the elimination of licensure requirements for certain professions. Professional engineers aren’t specifically targeted, but are included.
Bill Number: HB 1365
HB 1365 is placeholder legislation that has been filed to create the Occupational Licensing Reform Act. NSPE and the Oklahoma Society of Professional Engineers have and will continue to work together to closely track and monitor this issue and oppose any efforts to undermine engineering licensure.
Threat Type: Executive order requiring review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. The executive order does not specifically target professional engineers.
Bill Number: Executive Order 2016-39
Governor Mary Fallin issued an executive order in 2016 to create the Oklahoma Occupational Licensing Task Force. On January 9, 2018, the Task Force released its final report. For the Task Force, if the government is involved in the highest level of regulation, there needs to be a clear public interest. The state’s role should be striving to achieve a balance between free market principles, protecting the public safety, and reducing barriers to escape poverty. The Task Force released twelve recommendations:
1. Independent Commission- The State should consider the creation of an independent commission on occupational licensing. The commission should make recommendations for changes to, or the elimination of, certain licenses.
2. Legislative Sunset Review Committee- The Legislature should consider adding occupational license review to the existing sunset review process. The sunset review process would allow for the elimination of redundant and unneeded licenses or boards. By examining the boards’ requirements, the quality and availability of services to consumers will be greatly increased.
3. Legislative Committee with Jurisdiction for License Formation- The Legislature should consider assigning a specific committee with jurisdiction for license review. It will also allow consumers or practitioners a clear point of contact for addressing licensing concerns without having to go through the maze of the legislative process.
4. Centralized Jurisdiction Under One Agency- The Task Force recommends that the future oversight of occupational licensing in the state should be under a single agency. One agency should be tasked with continuing the work of the Task Force and using the blueprint to further examine the effects of occupational licensing.
5. Continuance of the Database- Oklahoma licensing requirements should be published in a publicly accessible location so that individuals and lawmakers alike can better understand the licensing regime of the state.
6. Executive Order- The Governor, acting as CEO of the state, should use their executive power to require state agencies and boards to report their full schedule of fees and educational requirements for licenses they issue.
7. Board Composition- The Task Force recommends that the state review the composition of these boards and require increased membership by those who are not market participants, including perhaps lay people or retirees.
8. Second Stage Review- The work of the Task Force should be continued into a second stage of review either by creating an independent commission or by continuing the Task Force. This second stage of review should also examine licensing practices from other states and what occupations Oklahoma licenses that other states do not.
9. Reciprocity Issues- Legislators should consider passing new legislation for the following parties who are particularly affected: Military, Military Spouses, High Priority or Low Risk.
10. Degrees of Licensing- When appropriate, licensing boards should allow for different degrees of licensing within a certain field for scope of practice purposes. This division of authorized activities can be done for many licenses and would allow those who cannot commit or invest in the most expensive or burdensome license to still apply for a lower license and be able to assist consumers with a more limited range of work.
11. Third Party Certification- The Task Force recommends that the State expand third-party certification as an alternative means to prevent fraud.
12. Criminal Justice Reform- Finally, the Task Force suggests that boards examine their prohibitions on criminal offenses, specifically felonies.
The full report can be seen here.
Pennsylvania
Threat Type: Executive order requiring review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. The executive order does not specifically target professional engineers.
Bill Number: Executive Order 2017-03
Governor Tom Wolf issued an executive order in October 2017 for specific boards and commissions, including the State Board for Professional Engineers, to undertake a critical and comprehensive review of the processes, fees, training, and continuing education requirements for occupational and professional licensure.
On June 11, 2018, the Department of State, Bureau of Professional and Occupational Affairs released the report. The report includes information regarding the number of other states which require a license for each professional or occupational license, the national and regional averages for training requirements, fees, and continuing education requirements.
NSPE and the Pennsylvania Society of Professional Engineers are collaborating to ensure that professional engineers are not negatively impacted.
Rhode Island
Threat Type: Other: Tracking Software
Bill Number: HB 5255, SB 125
This tracking software legislation mandates that all state contractors use software to verify the amount of time they are working on a state contract. The software tracks total keystroke and mouse event frequency, and records a screenshot at least once every three minutes. It presents significant privacy and security concerns.
Threat Type: “Right to Engage in a Lawful Occupation Act.” Seeks to establish the least restrictive means of regulating an occupation. Often proposes the elimination of licensure requirements for certain professions. Professional engineers aren’t specifically targeted, but are included.
Bill Number: RI H.B. 7359
H.B. 7359 requires amendment of existing occupational licensing regulations, using the “least restrictive” model that assumed market competition is sufficient to protect public health and safety.
Threat Type: Other: Tracking Software
Bill Number: S.B. 125, H.B. 5255
This tracking software legislation mandates that all state contractors use software to verify the amount of time they are working on a state contract. The software tracks total keystroke and mouse event frequency and records a screenshot at least once every three minutes. It presents significant privacy and security concerns.
Threat Type: Other: A legislative, regulatory, or executive action that falls outside other threat categories, including proposed elimination of other occupational licenses, that doesn’t directly threaten professional engineers but requires attention.
Bill Number: HB 7844
Amends statutes governing engineers, land surveyors and landscape architects (design professionals) to eliminate outmoded, inconsistent and unnecessary regulations and would bring Rhode Island in line with neighboring states to level the playing field for business. Signed into law by Governor in July 2016. NSPE and the state society are working together to ensure that this legislation will not negatively impact the PE.
South Dakota
Threat Type: “Right to Engage in a Lawful Occupation Act.” Seeks to establish the least restrictive means of regulating an occupation. Often proposes the elimination of licensure requirements for certain professions. Professional engineers aren’t specifically targeted, but are included.
Bill Number: H.B. 1276
H.B. 1276 requires review and amendment of existing occupational licensing regulations, using the “least restrictive” model that assumed market competition is sufficient to protect public health and safety.
Threat Type: Other: Tracking Software
Bill Number: HB 1123
This tracking software legislation mandates that all state contractors use software to verify the amount of time they are working on a state contract. The software tracks total keystroke and mouse event frequency, and records a screenshot at least once every three minutes. It presents significant privacy and security concerns.
Tennessee
Threat Type: “Consumer Choice”: Allows unlicensed persons to practice occupations that require licensure, provided the persons disclosed that they are unlicensed.
Bill Number: H.B. 1945/S.B. 1914
“Buyer Beware” legislation, also known as a “Consumer Choice Bill,” this companion bill would allow any person to practice any occupation without a license, as long as the person discloses to the consumer that he is unlicensed, before entering into an agreement with the consumer.
Threat Type: Other: Tracking Software
Bill Number: HB 1329, SB 1420
This tracking software legislation mandates that all state contractors use software to verify the amount of time they are working on a state contract. The software tracks total keystroke and mouse event frequency, and records a screenshot at least once every three minutes. It presents significant privacy and security concerns.
Texas
Threat Type: Other: Tracking Software
Bill Number: HB 1352
This tracking software legislation mandates that all state contractors use software to verify the amount of time they are working on a state contract. The software tracks total keystroke and mouse event frequency, and records a screenshot at least once every three minutes. It presents significant privacy and security concerns.
Utah
Threat Type: Legislation requiring the review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. This piece of legislation does not specifically target professional engineers.
Bill Number: HB 280
HB 280 required many state agencies, including the Department of Commerce, to complete a one-time study and analysis of each occupational or professional license or certification that their agency administers, to ensure that state regulation of the occupation or profession is narrowly tailored to protect the health and safety and does not consist of excessive, unnecessary, or outdated government interference.
Virginia
Threat Type: Other: Tracking Software
Bill Number: HB 2804
This tracking software legislation mandates that all state contractors use software to verify the amount of time they are working on a state contract. The software tracks total keystroke and mouse event frequency, and records a screenshot at least once every three minutes. It presents significant privacy and security concerns.
Threat Type: Legislation requiring the review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. This piece of legislation does not specifically target professional engineers.
Bill Number: HB 883, SB 20, HB 1195, HB 880
These identical bills (HB 883 & SB 20) became the bipartisan regulatory reform deal between Governor Northam and the General Assembly. As originally filed, HB 883 would have created a pilot program requiring state agencies to submit two or more existing regulations to be “replaced or repealed” before a new regulation can be approved. The updated version, as well as SB 20, removed the two-for-one requirement and instead created a three-year regulatory reduction pilot program with a goal of reducing by 25% the regulatory requirements and burdens, and compliance costs within the Departments of Professional and Occupational Regulation and Criminal Justice Services.
HB 1195 creates the Joint Commission to Evaluate Professional and Occupational Licensing Requirements, tasked with examining statutory and regulatory professional and occupational licensing requirements to determine whether any may be reduced or eliminated while still, in the least restrictive manner, protecting the public health and safety.
HB 880 establishes the position of Professional and Occupational Regulatory Analyst within the Division of Legislative Services to assist the Joint Commission on Administrative Rules in (i) exerting its best efforts to evaluate at least three professions or occupations in each year and (ii) to the extent feasible, review legislation establishing or modifying an occupational regulation to determine whether the legislation uses the least restrictive regulation necessary to protect or preserve the public health, safety, and welfare.
Threat Type: Legislation requiring the review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. This piece of legislation does not specifically target professional engineers.
Bill Number: HB 1195, HB 880
HB 1195 creates the Joint Commission to Evaluate Professional and Occupational Licensing Requirements, tasked with examining statutory and regulatory professional and occupational licensing requirements to determine whether any may be reduced or eliminated while still, in the least restrictive manner, protecting the public health and safety.
HB 880 establishes the position of Professional and Occupational Regulatory Analyst within the Division of Legislative Services to assist the Joint Commission on Administrative Rules in (i) exerting its best efforts to evaluate at least three professions or occupations in each year and (ii) to the extent feasible, review legislation establishing or modifying an occupational regulation to determine whether the legislation uses the least restrictive regulation necessary to protect or preserve the public health, safety, and welfare.
Vermont
Threat Type: Legislation that increases state oversight of occupational regulatory boards.
Bill Number: HB 913
This measure would have created the Sunset Advisory Commission to review existing State boards and commissions.
The Commission would have been tasked with recommending elimination of any board or commission it deemed no longer necessary, or the revision of any of the powers and duties of a board or commission.
NSPE and Vermont Society of Professional Engineers closely monitored this bill to ensure that the Board of Professional Engineering was not targeted.
Threat Type: Other: A legislative, regulatory, or executive action that falls outside other threat categories, including proposed elimination of other occupational licenses, that doesn’t directly threaten professional engineers but requires attention.
Bill Number: HB 562
Makes various revisions related to the review of professional regulation; it also provides that a licensed professional engineer may practice design without a license under the "potable water supply and wastewater system designers" provisions if he or she satisfies the criteria set forth in 10 V.S.A. § 1975(b). The bill, now enacted into law, challenges the fundamental tenets of licensure and places a host of requirements that must be met for licensure to be warranted. NSPE has communicated with state leadership on this issue to ensure that this will not negatively impact the PE. NSPE and state leadership are closely monitoring the state Board's actions moving forward.
Washington
Threat Type: Other: Tracking Software
Bill Number: HB 1744, SB 5809
This tracking software legislation mandates that all state contractors use software to verify the amount of time they are working on a state contract. The software tracks total keystroke and mouse event frequency, and records a screenshot at least once every three minutes. It presents significant privacy and security concerns.
Threat Type: Legislation requiring the review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. This piece of legislation does not specifically target professional engineers.
Bill Number: HB 1770
H.B. 1770 Requires review of all occupational boards and their regulations and requirements, on a 5-year rotating basis (20% of all boards each year). Requires “least restrictive” form of regulation for protecting public health, and safety. Assumes occupational licensing is the most restrictive and therefore the least desirable form of regulation.
Threat Type: Legislation requiring the review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. This piece of legislation does not specifically target professional engineers.
Bill Number: H.B. 2357
H.B. 2357 requires review of all occupational boards and their regulations and requirements, on a 5-year rotating basis (20% of all boards each year). Requires “least restrictive” form of regulation for protecting public health, and safety. Assumes occupational licensing is the most restrictive and therefore the least desirable form of regulation.
Threat Type: Legislation requiring the review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. This piece of legislation does not specifically target professional engineers.
Bill Number: WA H.B. 2875
H.B. 2875 requires review of all occupational boards and their regulations and requirements, on a 5-year rotating basis (20% of all boards each year). Requires “least restrictive” form of regulation for protecting public health, and safety. Assumes occupational licensing is the most restrictive and therefore the least desirable form of regulation.
Threat Type: Sunset Review: Requires review and analysis of licensing boards, associated with a regulatory requirement that the respective board be dissolved. Must result in recommendations to remove any unnecessary or overly burdensome licensing requirements, and recommendation for continuation of the Board. Professional engineers aren’t specifically targeted, but are included.
Bill Number: H.B. 2477
H.B. 2477 would establish a review schedule which would allow for the elimination of redundant and unneeded licenses or boards. Professional engineers aren’t specifically targeted but are often included.
Wisconsin
Threat Type: Legislation requiring the review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. This piece of legislation does not specifically target professional engineers.
Bill Number: AB 369, SB 288
AB 369 and SB 288 were introduced on June 2, 2017 and would have created the Occupational License Review Council. The council would have been required to create recommendations for the elimination of occupational licenses in the state, or the modification of laws and rules governing occupational licenses, and the reduction or elimination of continuing and other education requirements. The Legislative Reference Bureau would then create legislation based on the Council’s recommendations. During the executive session of SB 288, the Committee on Public Benefits, Licensing and State-Federal Relations adopted an amendment to ensure that there would be a public comment period before the Council makes recommendations. These measure failed to pass before adjournment.
West Virginia
Threat Type: “Consumer Choice”: Allows unlicensed persons to practice occupations that require licensure, provided the persons disclosed that they are unlicensed.
Bill Number: S.B. 492/H.B. 2697
Known as a “Consumer Choice Bill,” these companion bills allow any person to practice any occupation without a license, as long as the person discloses to the consumer that he is unlicensed, before entering into an agreement with the consumer.
What can you do?
SB 492, commonly referred to as a "Consumer Choice" bill, allows an unlicensed person in the state of West Virginia to practice any occupation (including engineering), regardless of education or experience.
Additionally, SB 492 prohibits state or local governments and agencies from enforcing any education or experience requirements on unlicensed people who practice engineering in the state of West Virginia.
This bill poses significant threats to public safety, and undermines the value of the Professional Engineer, by assuming that anyone who wants to can practice engineering, even if they don't have the proper education or training.
Please take a moment to urge your state senator to oppose this harmful legislation.
SB 492: Act Now! Send a Letter!
HB 2697, commonly referred to as a "Consumer Choice" bill, allows an unlicensed person in the state of West Virginia to practice any occupation (including engineering), regardless of education or experience.
Additionally, HB 2697 prohibits state or local governments and agencies from enforcing any education or experience requirements on unlicensed people who practice engineering in the state of West Virginia.
This bill poses significant threats to public safety, and undermines the value of the Professional Engineer, by assuming that anyone who wants to can practice engineering, even if they don't have the proper education or training.
Please take a moment to urge your state senator to oppose this harmful legislation.
Threat Type: Other: A legislative, regulatory, or executive action that falls outside other threat categories, including proposed elimination of other occupational licenses, that doesn’t directly threaten professional engineers but requires attention.
Bill Number: S.B. 313/H.B. 4011
S.B. 313 and H.B. 4011 reorganizes the codification of licensing entities into three chapters organized by occupational subject matter, education criteria, and other common requirements for licensure. It does not change the jurisdiction power of the engineering board, but it can make it easier to enact sweeping licensing reform in the future.
Threat Type: “Consumer Choice”: Allows unlicensed persons to practice occupations that require licensure, provided the persons disclosed that they are unlicensed.
Bill Number: S.B. 218
“Buyer Beware” legislation, also known as a “Consumer Choice Bill,” this companion bill would allow any person to practice any occupation without a license, as long as the person discloses to the consumer that he is unlicensed, before entering into an agreement with the consumer.
Threat Type: “Right to Engage in a Lawful Occupation Act.” Seeks to establish the least restrictive means of regulating an occupation. Often proposes the elimination of licensure requirements for certain professions. Professional engineers aren’t specifically targeted, but are included.
Bill Number: H.B 4949
H.B. 4949 requires review and amendment of existing occupational licensing regulations, using the “least restrictive” model that assumed market competition is sufficient to protect public health and safety.
Threat Type: “Right to Engage in a Lawful Occupation Act.” Seeks to establish the least restrictive means of regulating an occupation. Often proposes the elimination of licensure requirements for certain professions. Professional engineers aren’t specifically targeted, but are included.
Bill Number: WV S.B. 646
S.B. 646 requires amendment of existing occupational licensing regulations, using the “least restrictive” model that assumed market competition is sufficient to protect public health and safety.
Threat Type: “Consumer Choice”: Allows unlicensed persons to practice occupations that require licensure, provided the persons disclosed that they are unlicensed.
Bill Number: S.B. 492, H.B. 2697
“Buyer Beware” legislation, also known as a “Consumer Choice Bill,” these companion bills would allow any person to practice any occupation without a license, as long as the person discloses to the consumer that he is unlicensed, before entering into an agreement with the consumer.
Threat Type: Legislation requiring the review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. This piece of legislation does not specifically target professional engineers.
Bill Number: HCR 106
This Concurrent Resolution stated that the West Virginia Legislature is committed to protecting the public while balancing economic opportunity by studying the various forms of licensure, certification and registration of occupations and professions to ensure requirements are the least burdensome and as minimally restrictive as possible, while protecting public health and safety./ The measure requested the Joint Committee on Government and Finance to conduct a study of the various forms of occupational and professional regulation, and report back to the Legislature with any recommendations for the 2019 Legislative Session.
Although the measure died upon adjournment, the proposal could still be studied as an interim topic if the legislature determines the need to do so.
NSPE reached out to the West Virginia Society of Professional Engineers about the legislation and will continue to work together to defeat attacks on the PE license.
H.B. 299 requires review and amendment of existing occupational licensing regulations, using the “least restrictive” model that assumed market competition is sufficient to protect public health and safety.