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  • NJ A4273
  • Requires State supervision of certain professional and occupational licensing boards.
Introduced
(10/20/2016)
In Committee
(12/5/2016)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill directs a regulatory officer to provide active supervision of a professional or occupational licensing board located within the Division of Consumer Affairs in the Department of Law and Public Safety or within any other principal department of the Executive Branch of State government if the membership of the board is comprised of a majority of active market participants, or if the board's membership would be comprised of a majority of active market participants but for a vacancy or vacancies in membership. The bill requires the regulatory officer to review any regulation, action, or decision made by a board that is under the regulatory officer's purview, and authorizes the regulatory officer to amend, repeal, or set aside any regulation, action, or decision made by that board that is determined to have the potential to displace competition and that is inconsistent with and does not further or promote clearly articulated affirmatively expressed State policy or the inherent, logical, or ordinary result of that policy. The bill defines "active market participant" as a board member who is licensed or certified by that board, or who owns or shares ownership in a business or professional practice that provides any service that is subject to the regulatory authority of that board. The bill defines "board" as a board, committee, commission, or any other entity created by law to license or otherwise regulate a profession or occupation in this State. The bill also defines "regulatory officer" as the Attorney General or the Attorney General's designee, in the case of boards located within the Division of Consumer Affairs in the Department of Law and Public Safety, or the commissioner or the commissioner's designee, in the case of boards located within another principal department of the Executive Branch of State government. The bill is intended to provide antitrust immunity to professional and occupational licensing boards consistent with federal law, specifically the decision of the United States Supreme Court in North Carolina State Board of Dental Examiners v. Federal Trade Commission. In that decision the Court held that if a controlling number of a board's members are active market participants in the profession or occupation the board regulates, then the board may invoke state-action antitrust immunity only if it is subject to active supervision by the state. The provisions of this bill direct the appropriate regulatory officer to provide active supervision of any professional or occupational licensing board that is subject to the provisions of the bill.
2nd Reading in the Assembly, Regulated Professions
Assembly Floor Amendment Passed (Johnson)  (on 2/15/2017)
 
 

Date Chamber Action Description
2/15/2017 A Assembly Floor Amendment Passed (Johnson)
12/5/2016 A Reported out of Assembly Committee, 2nd Reading
12/5/2016 Assembly Regulated Professions Hearing (13:00 12/5/2016 Committee Room 15, Fourth Floor)
10/20/2016 A Introduced, Referred to Assembly Regulated Professions Committee
Date Motion Yea Nay Other
Detail 12/5/2016 Assembly Regulated Professions Committee: Reported Favorably 7 0 2