SB 500 - This act creates the "Occupational Licensing Consumer Choice Act". Under this act, an unlicensed person may provide a service for which state law otherwise requires an occupational license, provided such unlicensed person makes a nonlicensed disclosure stating that the unlicensed person is working in a lawful occupation without a license, that the state requires that providers of the service hold an occupational license, and that the unlicensed person is allowed to provide the service under this act. Such disclosure shall be made by at least one of several means set forth in the act.
An employer or contractor may hire or contract with an unlicensed person and may offer such unlicensed person's services to a consumer provided the employer or contractor makes a nonlicensed disclosure.
This act prohibits an unlicensed person from being denied any privilege granted under state law to a person holding an occupational license, provided such unlicensed person, or such unlicensed person's employer or contractor provides a nonlicensed disclosure.
A state authority is required to disclose on their internet website, and on all written or digital and online application forms for occupational licenses that a person may work in the state without an occupational license otherwise required.
Production of a nonlicensed disclosure shall act as a defense against any administrative, civil or criminal action brought by a state authority for the purpose of enforcing the personal qualifications necessary to obtain and maintain an occupational license.
Any consumer injured by an unlicensed person is permitted, under this act, to bring in small-claims or district court a civil action and may recover damages.
This act shall apply to the regulation of all licensed occupations in the state except for certain health care professions set forth in the act.
JOSIE BUTLER