Bill No. 835, introduced by Senators Daniels and Lepak, establishes new procedures for state licensing boards, referred to as "qualifying boards," regarding their proposed actions that may have anticompetitive effects. The bill defines "proposed qualifying actions" and "qualifying boards," outlining the types of actions that require review by the Secretary of State. Specifically, any non-rulemaking action with potential anticompetitive implications must be submitted to the Secretary of State for review, who will provide a written determination within sixty days. The qualifying board is then required to adhere to the Secretary's recommendations, and failure to do so may result in misconduct charges against board members, leading to their removal by the appointing authority.
Additionally, the bill clarifies that certain actions taken by qualifying boards that do not have anticompetitive implications do not need to be submitted for review. These include actions that the respondent consents to, those resulting from criminal convictions, and actions that do not affect a licensee's ability to work in their occupation. The bill also allows qualifying boards to seek a determination from the Secretary of State regarding whether an action qualifies for review. The act is set to take effect on November 1, 2025.