Nebraska LB 299 Not Dead

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Updating the ED Conference on emerging legislative and legal issues, Nathan Standley commenting on Nebraska LB 299, the Occupational Board Reform Act, said, “We thought the legislation was dead – but it just revived.” On March 14 the senators voted 31-0 to advance the bill aimed at creating a legislative office responsible for reviewing proposed legislation that would change occupational regulations.

Mr. Standley explained the Nebraska bill was based on ALEC’s 2012 model “Occupational Licensing Relief and Job Creation Act,” which other states have also been considering (see NASBA’s Legislative E-News on www.nasba.org). He reported that the bill’s sponsor had requested the Federal Trade Commission to weigh in on LB 299, and while the Commission supported the general theme of the bill, they took issue with some of its pillars. The FTC observed: “We note that the Bill envisions a comprehensive and resource-intensive statutory and regulatory review, and that the personnel and other resources allocated to the task are uncertain.” They also pointed out: “The FTC staff do not believe that the regulatory review contemplated under the Bill would be adequate to support claims of state action immunity.”