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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 542 By: Dahm
AS INTRODUCED
An Act relating to labor; creating the Right To Earn
A Living Act; providing short title ; defining terms;
limiting occupational license regulations to fulfill
certain objectives; requiring certain actions within
certain time-frames; stating conduct required to be
reviewed; allowing petition to repeal o ccupational
regulations; directing agency action within certain
time of filing petition; allowing persons to file
court challenge to certain regulations; providing for
preponderance of evidence for certain findings;
providing for injunctive relief; providi ng for
codification; and providing an eff ective date.
BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 950.1 of Title 40, un less there
is created a duplication in nu mbering, reads as follows:
This act shall be kno wn and may be cited as the “Right to Earn a
Living Act”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sec tion 950.2 of Title 40, unless there
is created a duplication in numbering, reads as foll ows:
As used in this act:
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1. “Agency” shall be broadly construed to include the state,
all agencies, boards and commissions of state government and all
political subdivisions of the state and shall exclude no entity
established under the constitution or l aws of the state or
established by any entity which was itself established under the
constitution or laws of the state;
2. “Occupational license ” means a nontransfera ble and exclusive
authorization in law in which the legislature establishes the
personal qualifications necessary to engage in any occupation or
profession;
3. “Occupational regulations ” shall include any regulation,
rule, policy, fee, condition, test, pe rmit, administrative practice
or other provision in which an agency or board establishes the
personal qualifications necessary to engage in any occupation or
profession. For the purpose of this act, an occupational regulation
does not include an “occupational license”;
4. “Less restrictive reg ulation” means, from least to most
restrictive:
a. market competition,
b. third-party or consumer-created ratings and reviews,
c. private certification,
d. voluntary bonding or insurance,
e. specific private civil c ause of action to remedy
consumer harm,
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f. Oklahoma Deceptive Trade Practices Act ,
g. mandatory disclosure of attributes of the specific
good or service,
h. regulation of the process of providing the specific
good or service,
i. inspection,
j. bonding,
k. insurance,
l. registration,
m. government certification,
n. specialty occupational licens e for medical
reimbursement, and
o. occupational license;
5. “Personal qualifications ” means criteria related to an
individual’s personal background and characteristi cs including
completion of an approved ed ucational program, satisfactory
performance on an examination, work experience, other evidence of
attainment of requisite skills or knowledge, moral standing,
criminal history and com pletion of continuing education;
6. “Specialty occupational license for medical reimbursement ”
means a nontransferable a uthorization in law for an individual to
qualify for payment or reimbursement from a government agency for
the non-exclusive provision of medical services based on mee ting
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personal qualifications established by the Legislature. A private
company may recognize this credential;
7. “Welfare” shall be narrowly construed to encompass
protection of members of the public against fraud or harm. This
term shall not encompass the protection of existing businesses or
agencies, whether publicly or priva tely owned, against competition;
and
8. “Subsidy” shall include taxes, grants, user fees or any
other funds received by or on behalf of an agency.
SECTION 3. NEW LAW A new section of law to be cod ified
in the Oklahoma Statutes as Section 950.3 of Title 40, unless there
is created a duplication in numbering, reads as follows:
All occupational regulations shall be limited to those
demonstrably necessary and ca refully tailored to fulfill legitimate
public health, safety or welfare objectives.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 950.4 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. Within one year following enactment, every agency sha ll
conduct a comprehensive review of all occupational regulations and
occupational licenses within their jurisdictions, and for each it
shall:
1. Articulate with spec ificity the public health, safety or
welfare objective(s) served by the regulation;
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2. Articulate the reasons why the regulation is necessary to
serve the specified objectives ;
3. Analyze, where information is readily available, the effects
of regulation on opportunities for workers, consumer c hoices and
costs, general unemployment, market c ompetition, governmental costs
and other effects; and
4. Compare the regulation to whether and how other states
regulate the business or profession.
B. To the extent the agency finds any regulation that doe s not
satisfy the standard set forth in Section 3 of this act, it shall:
1. Repeal the occupational regulation or modify the
occupational regulation to conform with the standard o f Section 3 of
this act if such action is within the agency ’s authority to do so;
or
2. Recommend to the Legislature actions necessary to repeal or
modify the occupational license or occupational regulation to
conform to the standard of Section 3 of this act if such action as
it relates to an occupational regulation is not within the agency’s
authority.
C. Within fifteen (15) months following enactment, each agency
shall report to the Legislature on all actions taken to conform with
this section.
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SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 950.5 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. Any person may petition any agency to repeal or modify any
occupational regulation within i ts jurisdiction.
B. Within ninety (90) d ays of a petition filed under subsection
A of this section, the agency shall either repeal the occupational
regulation, modify the regulation to achieve the standard set forth
in Section 3 of this act, or state the basis on which it concludes
the regulation conforms with the standard set forth in Sectio n 3 of
this act.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 950.6 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. Whether or not a petition is fi led pursuant to Section 5 of
this act, any person may file an action in a court of general
jurisdiction to challenge an occupational regulation.
B. With respect to the challenge of an occupatio nal regulation,
the plaintiff shall prevail if the court finds by a preponderance of
evidence that the challenged occupational regulation on its face or
in its effect burdens the entry into a profession or occupation; and
either:
1. That an agency has failed to prove b y a preponderance of
evidence that the challenge d occupational regulation is not
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demonstrably necessary and carefully tailored to fulfill legitimate
public health, safety or welfare objectives; or
2. Where the challenged occupational regulation is necessa ry to
the legitimate public health, safety or we lfare objectives, such
objectives can be effectively served by using a less restrictive
regulation, as defined in Section 2 of this act, which is less
burdensome to economic opportunity.
C. Upon a finding for the plaintiff, the court shall enjoin
further enforcement of the challenged occupational regulation and
shall award reasonable attorney fe es and costs to the plaintiff .
SECTION 7. This act shall become effective January 1, 202 2.
58-1-1244 NP 1/20/2021 3:53:56 PM