BILL #    HB 2146

TITLE:     contracts; licensure requirements; waiver; applicability

SPONSOR:    Rivero

STATUS:   House Engrossed

PREPARED BY:    Jeremy Gunderson

 

 

 

Description

 

The bill would allow 2 parties of a contract to agree to waive any state, city, town or county laws relating to licensure, certification, registration or other authorization to act for the purposes of the contract if the contract is substantively delivered through electronic means and does not exceed $6,000 per year. 

 

Estimated Impact

 

The fiscal impact of the bill is uncertain.  The bill could reduce revenue generated from licensing and renewal fees to state agencies.  Given the monetary thresholds and the exemptions in the law, the JLBC Staff expects any impact to be small.

 

Analysis

 

The bill allows an entity to operate without a license or certification if it enters into an agreement with a customer to waive any state, city, town or county laws relating to licensure, certification, registration or other authorization to act for the purposes of the contract.  The contract must be substantively delivered via electronic means, such as the internet, and cannot exceed $6,000 per year between 2 parties, and total profit earned by an entity for services cannot exceed $250,000 in a calendar year. 

 

The bill does not apply to health professions, practice of law or legal document preparation, fiduciaries, defensive driving schools, stenographical reporting, confidential intermediaries related to adoption services, insurance, engineers, architects, real estate, mortgage services, and sales finance companies. 

 

Some business entities that would become licensed or registered with a state agency or are operating below the monetary thresholds set by the bill may opt to operate without a license or certification.  In those instances, the revenue received by the licensing authority from any licensing or renewal fees would be reduced.  The amount of the impact, and which state agencies and funds would be affected, cannot be estimated. 

 

Local Government Impact

 

The bill could reduce revenue from license and registration fees to local governments, but the amount cannot be estimated in advance.

 

3/29/19