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Introduced Version House Bill 2038 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2019 regular session

Introduced

House Bill 2038

  By Delegates Howell and Pack
 [Introduced January 9, 2019; Referred
to the Committee on Government Organization.]

 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-1A-2a, relating to the procedure to determine if an occupation or profession should be regulated; providing when an application to regulate is prohibited; and when a license for a regulated expires.

Be it enacted by the Legislature of West Virginia:


ARTICLE 1A. PROCEDURE FOR REGULATION OF OCCUPATIONS AND PROFESSIONS.


§30-1A-2a. When applications are prohibited; when license shall expire.

(a) Notwithstanding the procedures set out in this article for regulation of an occupation or profession, an application, proposing to regulate an unregulated professional or occupational group or organization, if fewer than 25 other states in the United States of America license and regulate that occupation or profession, is prohibited, unless the applicant demonstrates that West Virginia is unique and that the professional or occupational group or organization should be regulated in this state.

(b) The license of a professional or occupational group or organization in this state shall be reviewed at five year intervals by the Legislative Auditor and be recommended to expire if fewer than 25 other states in the United States of America license and regulate that occupation or profession, unless it is demonstrated that West Virginia is unique and that the professional or occupational group or organization should continue to be regulated in this state.

 

NOTE: The purpose of this bill is to provide that the procedure to determine if an occupation or profession should be regulated in West Virginia is prohibited if the occupation or profession is regulated in fewer than 25 other states. The bill also provides that a license of an occupation or profession regulated in West Virginia should expire if the occupation or profession is regulated in fewer than 25 other states. The statute providing the procedure for regulation or occupations and professions is referred to as a “Sunrise” statute.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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