Under current law, persons proposing the regulation of a currently unregulated professional or occupational group must submit the proposal to the department of regulatory agencies (department), and the department normally must conduct a sunrise review and analysis of, and issue a sunrise report and recommendations on, the proposed regulation within 120 days after the proposal was submitted. However, the department need not conduct a sunrise review of a proposal if the department finds that:
- The proposed regulatory scheme would regulate less than 250 people;
- The department previously reviewed the same professional or occupational group and determines it would not change its recommendations contained in the prior review;
- A majority of states regulate the same profession or occupation; or
- The unregulated profession or occupation poses an imminent threat to public health, safety, or welfare, in which case the department is to promptly notify the proponents and the general assembly and recommend regulation of the profession or occupation.
When the department declines to conduct a review, current law requires the department to notify the proponents and the general assembly of its decision, and the proponents may pursue legislation to regulate the profession or occupation during the next 2 regular legislative sessions of the general assembly or, if the notice is issued during a regular legislative session, legislation may be presented during that legislative session as well.
The bill modifies the sunrise review process for analyzing proposals to regulate an unregulated professional or occupational group submitted on or after July 1, 2012, as follows:
- Requires regulation proponents to submit a proposal by December 1 of any given year in order to obtain a review and report by October 15 of the following year;
- Requires the department to issue sunrise reports no later than October 15 on proposals submitted by December 1 of the prior year;
- Eliminates the ability of the department to decline to review a proposal in all cases except when the department finds the profession or occupation poses an imminent threat, or has previously reviewed the same proposal, issued a report less than 36 months before the current proposal was submitted, and finds that its conclusions would be the same as in the initial report, in which case the department may reissue its original report by October 15 of the year following the year in which the proposal was submitted;
- When the department declines a sunrise review because it finds the profession or occupation poses an imminent threat, the department must notify the legislative council of the general assembly of its finding and the basis for its finding, and requires the legislative council to conduct a hearing to examine the department's findings and determine whether it concurs; and
- If a report is issued or reissued or an imminent threat finding is made and concurred in by the legislative council during a legislative session, eliminates the ability of proponents to pursue legislation to regulate the profession or occupation during that same legislative session.
The changes to the sunrise process do not affect proposals to regulate a profession or occupation that are submitted prior to July 1, 2012.