,,ii #aaeth ,,congress #b;d ,session ,s4 #ceih ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #aa1 #bjah,mr4 ,cornyn introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to limit private antitrust damages against occupational licensing boards1 to promote beneficial reforms of ,state occupational licensing1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,occupational ,licensing ,board ,antitrust ,damages ,relief and ,reform ,act of #bjah4 #b4 ,definitions ,in this ,act3 7#a7 ,certification ,the term certification means a voluntary program under which-- 7,a7 a private organization 7in the case of private certification7 or the government of a ,state 7in the case of government certification7 authorizes an individual who meets certain personal qualifications to use certified as a designated title with respect to the performance of a lawful occupation2 and 7,b7 a noncertified individual may perform the lawful occupation for compensation but may not use the title certified4 7#b7 ,member1 officer1 employee1 or agent ,the term member1 officer1 employee1 or agent1 with respect to an occupational licensing board1 means an individual appointed by1 to1 or employed by the occupational licensing board4 7#c7 ,occupational license ,the term occupational license means a nontransferable authorization under law for an individual to perform a lawful occupation for compensation based on meeting personal qualifications established by the ,state government4 7#d7 ,occupational licensing board ,the term occupational licensing board or board means an entity established under ,state law-- 7,a7 the express purpose of which is to regulate the personal qualifications required to engage in or practice a particular lawful occupation2 and 7,b7 that has authority conferred by ,state law to interpret or enforce the occupational regulations of the ,state4 7#e7 ,occupational regulation ,the term occupational regulation-- 7,a7 means a statute1 rule1 regulation1 practice1 policy1 or law that sets educational1 examination1 training and_/or experience requirements to authorize an individual to work in a lawful occupation2 7,b7 includes any statute1 rule1 regulation1 practice1 policy1 or law requiring certification or an occupational license2 and 7,c7 does not include a business license1 facility license1 building permit1 or zoning and land use regulation except to the extent that such a requirement or restriction substantially burdens an individual's ability to work in a lawful occupation4 7#f7 ,widely regulated occupation ,the term widely regulated occupation means an occupation in which forty 7#dj7 or more ,states require an occupational license to engage in such occupation4 7#g7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 and any territory or possession of the ,united ,states4 #c4 ,private antitrust damages 7a7 ,in general ,no damages1 or interest on damages1 may be recovered under section #d1 #d;,a or #d;,c of the ,clayton ,act 7#ae ,u4,s4,c4 #ae1 #ae;a1 or #ae;c7 by any person1 except for any ,state1 instrumentality of a ,state1 or employee of a ,state or instrumentality of a ,state acting in his or her official capacity1 from an occupational licensing board1 or any member1 officer1 employee1 or agent of a board1 acting in their official capacity1 if-- 7#a7 the ,state-- 7,a7 has enacted a law requiring an occupational license to practice the lawful occupation regulated by the occupational licensing board2 7,b7 has set forth criteria outlining any personal qualifications necessary to obtain an occupational license and has required that licensees adhere to standards of practice and ethical standards in the performance of regulated lawful occupations2 and 7,c7 has found that-- 7i7 the public needs1 and can be reasonably expected to benefit from1 occupational licensing of the lawful occupation2 and 7ii7 the unlicensed conduct of the lawful occupation would harm or endanger the health1 safety1 or welfare of the public2 7#b7 an occupation licensed by an occupational licensing board-- 7,a7 is a widely regulated occupation2 or 7,b7 7i7 is not a widely regulated occupation and the ,state has implemented a periodic sunset review process of the occupational licensing board with regard to that occupation2 and 7ii7 if previously unregulated by the ,state1 the ,state has implemented a sunrise review process of the occupational licensing board with regard to its regulation of that newly licensed occupation2 7#c7 the chief executive1 legislature1 or other elected officer of the ,state-- 7,a7 has appointed all members of the occupational licensing board2 and 7,b7 has required public representation on the occupational licensing board2 and 7#d7 the ,state or the occupational licensing board has established a mechanism under which any person aggrieved by an action of the occupational licensing board has the right to-- 7,a7 contest such action at a hearing before the occupational licensing board at which the individual may provide evidence1 argument1 and analysis2 7,b7 review1 at a reasonable time before the hearing1 all evidence that the occupational licensing board has gathered relating to the contested action2 7,c7 receive a final reasoned decision in writing from the occupational licensing board within a reasonable period after the hearing2 and 7,d7 appeal an adverse decision of the occupational licensing board to an independent adjudicator1 including judicial review4 7b7 ,applicability ,this section shall not apply to any case commenced before the date of enactment of this ,act1 unless it would be inequitable not to apply this section to a pending action4 7c7 ,rule of construction ,nothing in this ,act shall be construed to modify or impair the applicability or availability of-- 7#a7 relief pursuant to section #d;,a or #d;,c of the ,clayton ,act 7#ae ,u4,s4,c4 #ae;a1 #ae;c72 7#b7 injunctive relief pursuant to section #af of the ,clayton ,act 7#ae ,u4,s4,c4 #bf72 7#c7 equitable monetary or injunctive relief pursuant to section #ac7;b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #ec7;b772 or 7#d7 the ability of any person to recover the cost of the suit1 including a reasonable attorney's fee1 under section #d of the ,clayton ,act 7#ae ,u4,s4,c4 #ae74 7d7 ,savings clause ,the immunity from damages1 or interest on damages1 that is provided to members1 officers1 employees1 or agents of an occupational licensing board of a ,state under subsection 7a7 shall not apply to any action unrelated to their official capacity1 such as implementing rules governing minimum prices or fees4 #d4 ,state licensing studies to be conducted ,not later than #abj days after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on-- 7#a7 how ,states can best address occupational licensing reform1 particularly for those occupations that are not directly related to protecting the health1 safety1 or welfare of the public1 including recommendations on how ,states can weigh the costs and benefits of occupational licensing against those of less restrictive alternatives1 such as certification and other approaches2 7#b7 how ,states can conduct comprehensive cost-benefit assessments of occupational regulations and occupational licensing boards through sunrise reviews and periodic sunset reviews2 7#c7 how ,states can implement policies to support occupational licensing uniformity and occupational license portability1 including streamlined licensing portability programs for veterans and military service members and spouses2 and 7#d7 how occupational licensing requirements affect low-income workers1 the unemployed1 immigrants with work authorizations1 and individuals with criminal records4 #e4 ,rule of construction ,except as provided in section #c1 nothing in this ,act shall be construed to modify or impair the applicability or the enforcement of the antitrust laws1 as defined in the first section of the ,clayton ,act 7#ae ,u4,s4,c4 #ab74