The bill mandates a review of all existing entry regulations, requiring state agencies to demonstrate that these regulations are essential for legitimate public health, safety, and welfare objectives. Agencies must justify the need for these regulations and eliminate those deemed unnecessary. Moreover, the law asserts state preemption over local regulations, meaning that local governments cannot impose contradictory rules regarding individuals' rights to engage in business, thereby centralizing authority at the state level.
Summary
House Bill H5492, titled the 'Right to Earn a Living Act', introduces significant changes to the state's labor regulations, emphasizing the individual's right to pursue a business or profession free from excessive government interference. It outlines that excessive entry regulations, aimed at controlling market access, can hinder economic mobility, particularly for individuals from less represented communities. The bill asserts that the freedom to earn a living is a fundamental civil right, aiming to establish a more favorable environment for entrepreneurship.
Contention
Debate over H5492 focused on its potential to limit local governments' ability to enact regulations tailored to their communities' specific needs. Proponents argue that the bill will foster economic growth and reduce burdens on business owners; skeptics contend that it could undermine local regulatory authority, particularly in matters of public welfare, safety, and community standards. Significant concerns revolve around the balance between protecting public interests and ensuring open markets, leading to a polarized discourse among legislators and stakeholders.
Establishes procedures to ensure agency regulations don't restrict individuals from businesses and professions, including home-based businesses, barbers, hairdressers and manicurists.