HB 748 (“Occupational Licensing Review Act”), by Rep Julie Emerson, is being sold as (1) a move toward loosening occupational licensing restrictions in Louisiana, and (2) a support of the notion that "the right of an individual to pursue a lawful occupation is a fundamental right;” HOWEVER, this bill actually does the OPPOSITE of BOTH of Those!
This bill will actually create MORE government by creating the Office of Supervision of Occupational Boards. Yes, you read that right - another government office to oversee government offices. And to think just last month during the special session, the state was short on funds to pay for the government offices we already have!
The bill states that the job of this office will be to ensure that "(w)here the state finds it necessary to displace competition, it shall use the least restrictive regulation" to "protect" us. This office will give the thumbs up or down to any proposed legislation to enact or modify an occupational regulation. Additionally, the office will be charged with reviewing 20% of all occupational licenses annually and making recommendations to the legislature regarding changes to those licensing requirements.
This bill is dangerous to individual liberty given that it seems to be written in response to a recent Supreme Court Opinion regarding occupational licensing boards which are (on their best day) a violation of our fundamental right to pursue lawful occupations:
The Supreme Court opined that states have the power to regulate but must do so through state agencies. Occupational Licensing Boards may not be seen as state agencies; therefore, unless (and until) they are “supervised adequately” per the U.S. Supreme Court, they can be found by the courts to be in violation of federal antitrust laws. Likewise, such violations can be found to exist if members of the boards hold the same licenses as those they are regulating since such a circumstance can lead to misuse of power through the members’ ability to regulate the market in such a way so as to do away with their own competition -- as was the case in the suit that resulted in the Supreme Court Opinion.
This bill seeks to help the state’s licensing boards avoid liability in lawsuits as it appears that they have been and continue to be operating outside of federal antitrust laws.
Our legislators should be working to eliminate the licensing of our fundamental right to a lawful profession free of government interference. Instead, HB 748 (Emerson) actually seeks to cement the licensing boards into place by narrowing the opportunity of citizens to utilize the courts in protest of restrictions on their fundamental rights.
Contact your Representative. Remind them that their job is to protect our fundamental rights. In this case, their job is to eliminate regulation that interferes with our right to pursue a lawful occupation.
At the very least, we don't need another stinking government office!
HB 748 (Emerson) is up for final passage in the House. Copy & Paste the email block below to Email the Representatives. Tell them we don't need another stinking government office and to Vote NO on HB 748 (Emerson):
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Get Your Representative's Phone Number Here and Call to Ask They Vote NO on HB 748 (Emerson).