130th MAINE LEGISLATURE
                  FIRST REGULAR SESSION-2021
Legislative Document                                                                         No. 992
H.P. 730                                                     House of Representatives, March 10, 2021
           An Act To Prevent the Denial or Revocation of a Professional or
           Business License for a Violation Not Related to That Profession or
           Business
   Reference to the Committee on Innovation, Development, Economic Advancement and
Business suggested and ordered printed.
                                                                                 ROBERT B. HUNT
                                                                                            Clerk
Presented by Representative NEWMAN of Belgrade.
Cosponsored by Representatives: COLLAMORE of Pittsfield, COSTAIN of Plymouth,
PICKETT of Dixfield, RUDNICKI of Fairfield, Senator: FARRIN of Somerset.
                                       Printed on recycled paper
 1   Be it enacted by the People of the State of Maine as follows:
 2       Sec. 1. 10 MRSA §8012 is enacted to read:
 3   §8012. Unrelated violations
 4       Notwithstanding any provision of law to the contrary, beginning January 1, 2022, the
 5   commissioner, or a bureau, board or commission within or affiliated with the department,
 6   may not deny or revoke a professional or occupational license if the denial or revocation is
 7   for a violation unrelated to the practice of the licensed profession or occupation.
 8       Sec. 2. 30-A MRSA §3704 is enacted to read:
 9   §3704. Unrelated violations
10       Notwithstanding any provision of law to the contrary, beginning January 1, 2022, a
11   municipality may not deny or revoke a license if the denial or revocation is for a violation
12   unrelated to the conduct of the business.
13       Sec. 3. Report by Department of Professional and Financial Regulation.
14   No later than December 1, 2021, the Department of Professional and Financial Regulation
15   shall identify all statutes that provide for denial or revocation of licenses for violations
16   unrelated to the practice of the licensed profession or occupation. The department shall
17   submit a report identifying these statutes to the Joint Standing Committee on Innovation,
18   Development, Economic Advancement and Business. The committee may report out
19   legislation to the Second Regular Session of the 130th Legislature to repeal such statutes.
20       Sec. 4. Report by Department of Economic and Community Development.
21   No later than December 1, 2021, the Department of Economic and Community
22   Development shall identify all statutes that provide for denial or revocation of business
23   licenses for violations unrelated to the conduct of the business. The department shall submit
24   a report identifying these statutes to the Joint Standing Committee on Innovation,
25   Development, Economic Advancement and Business. The committee may report out
26   legislation to the Second Regular Session of the 130th Legislature to repeal such statutes.
27                                           SUMMARY
28       This bill prohibits the Commissioner of Professional and Financial Regulation, or any
29   bureau, board or commission within or affiliated with the Department of Professional and
30   Financial Regulation, from denying or revoking a professional or occupational license if
31   the denial or revocation is for a violation unrelated to the practice of the licensed profession
32   or occupation. It requires the department to submit to the Joint Standing Committee on
33   Innovation, Development, Economic Advancement and Business a report identifying
34   existing statutes that allow for such denial or revocation and gives the committee the
35   authority to report out legislation repealing these statutes to the Second Regular Session of
36   the 130th Legislature.
37       The bill also prohibits municipalities from denying or revoking a business license if
38   the denial or revocation is for a violation unrelated to the conduct of the business. It
39   requires the Department of Economic and Community Development to submit to the Joint
40   Standing Committee on Innovation, Development, Economic Advancement and Business
41   a report identifying existing statutes that allow for such denial or revocation and gives the
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42
 1   committee the authority to report out legislation repealing these statutes to the Second
43
 2   Regular Session of the 130th Legislature.
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