Professions and occupations; active supervision of regulatory boards, definitions, report. (HB1566)

Introduced By

Del. Michael Webert (R-Marshall) with support from co-patron Del. Nick Freitas (R-Culpeper)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Professions and occupations; active supervision of regulatory boards. Establishes a statewide policy for the regulation of professions and occupations specifying criteria for government regulation with the objective of increasing opportunities, promoting competition, encouraging innovation, protecting consumers, and complying with applicable federal antitrust laws. In addition, the bill establishes a process for the active supervision of state regulatory boards pursuant to the U.S. Supreme Court decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission, in which the Court held that a state regulatory board that includes active market participants among its board membership must be actively supervised by the state in order for such board and its members to be entitled to immunity for federal antitrust violations. The bill also (i) creates the Division of Supervision of Regulatory Boards in the Office of the Attorney General to be responsible for the active supervision of regulatory boards and (ii) establishes the position of professional and occupational regulatory analyst within the Division of Legislative Services to review legislation establishing or modifying an occupational regulation to determine whether the legislation meets the state policy of using the least restrictive regulation necessary to protect or preserve the public health, safety,and welfare. Read the Bill »

Status

02/17/2017: Passed the Senate

History

DateAction
01/01/2017Committee
01/01/2017Prefiled and ordered printed; offered 01/11/17 17100652D
01/01/2017Referred to Committee on General Laws
01/11/2017Assigned GL sub: Subcommittee #4
01/16/2017Impact statement from DPB (HB1566)
01/26/2017Subcommittee recommends reporting with substitute (5-Y 0-N)
01/26/2017Subcommittee recommends referring to Committee on Appropriations
01/31/2017Reported from General Laws with substitute (14-Y 8-N) (see vote tally)
01/31/2017Committee substitute printed 17104901D-H1
01/31/2017Referred to Committee on Appropriations
02/01/2017Assigned App. sub: General Government & Capital Outlay
02/02/2017Impact statement from DPB (HB1566H1)
02/03/2017Subcommittee recommends reporting with substitute (6-Y 0-N)
02/03/2017Reported from Appropriations with substitute (13-Y 7-N) (see vote tally)
02/03/2017Committee substitute printed 17105203D-H2
02/04/2017Read first time
02/06/2017Committee substitute rejected 17104901D-H1
02/06/2017Committee substitute agreed to 17105203D-H2
02/06/2017Read second time
02/06/2017General Laws Committee substitute rejected 17104901D-H1
02/06/2017Appropriations Committee substitute agreed to 17105203D-H2
02/06/2017Engrossed by House - committee substitute HB1566H2
02/07/2017Impact statement from DPB (HB1566H2)
02/07/2017Read third time and passed House (63-Y 33-N)
02/07/2017VOTE: PASSAGE (63-Y 33-N) (see vote tally)
02/08/2017Constitutional reading dispensed
02/08/2017Referred to Committee on Rules
02/10/2017Reported from Rules with amendments (11-Y 3-N) (see vote tally)
02/10/2017Rereferred to Finance
02/15/2017Reported from Finance with amendment (10-Y 6-N) (see vote tally)
02/16/2017Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/17/2017Read third time
02/17/2017Reading of amendments waived
02/17/2017Rules Committee amendments agreed to
02/17/2017Reading of amendment waived
02/17/2017Finance Committee amendment agreed to
02/17/2017Engrossed by Senate as amended
02/17/2017Passed Senate with amendments (21-Y 19-N) (see vote tally)
02/21/2017Placed on Calendar
02/21/2017Senate amendments #1, 2, 3 and 4 agreed to by House (61-Y 34-N)
02/21/2017VOTE: ADOPTION (61-Y 34-N) (see vote tally)
02/21/2017Senate amendment #5 rejected by House (0-Y 95-N)
02/21/2017VOTE: REJECTED (0-Y 95-N) (see vote tally)
02/22/2017Passed by temporarily
02/22/2017Senate insisted on amendment #5 (37-Y 3-N) (see vote tally)
02/22/2017Senate requested conference committee
02/23/2017House acceded to request
02/23/2017Conferees appointed by House
02/23/2017Delegates: Webert, Anderson, Bourne
02/23/2017Conferees appointed by Senate
02/23/2017Senators: Ruff, Vogel, Wagner
02/25/2017Failed to pass in House
02/25/2017No further action taken
02/25/2017Failed to pass

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 3 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.

AMEND AND REENACT A SECTION OF THE CODE OF VIRGINIA RELATING TO THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES, CRITICAL INCIDENT REPORTS, LICENSE PROVIDERS, BILL PASSED THE HOUSE FEBRUARY 7, PASSED THE SENATE WITH AMENDMENTS. THE BILL IS BEFORE THE BODY. MR. SPEAKER, LADIES AND GENTLEMEN OF THE HOUSE, 1508, THE SENATE TACKED ON SOME AMENDMENTS THAT THE DEPARTMENT OF BEHAVIORAL HEALTH REQUESTED. THEY ARE TECHNICAL IN NATURE. I MOVE WE ACCEPT THE SENATE AMENDMENTS. SHALL THE SENATE AMENDMENT BE ACCEPTED?

Del. Bill Howell (R-Fredericksburg): THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 96, NOS, ZERO. AYES 96, NOS, ZERO, THE SENATE AMENDMENT IS ACCEPTED. CONTINUING WITH HOUSE BILLS, SENATE AMENDMENTS ON PAGE 30 OF TODAY'S PRINTED CALENDAR, 1524, A BILL TO AMEND AND REENACT A SECTION OF THE CODE OF VIRGINIA RELATING TO SPECIAL CONSERVATORS OF THE PEACE, PASSED FEBRUARY 7TH WITH AMENDMENTS WHICH ARE BEFORE THE BODY.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM PRINCE WILLIAM, MR. LINGAMFELTER.

Del. Scott Lingamfelter (R-Woodbridge): THE SENATE AMENDMENTS CLARIFY THE LIABILITY

Comments

John Datumu writes:

Cautiously support the concepts. DPOR is a FEE based agency which means that staff has a vested interest in expanding license/certification requirements. If this bill is to legitimize commercial interests in Virginia, then bureaucratic capture must be resolved.

Establish general funds to remove the financial interest from DPOR staff in creating "retirement packages" from business interests.