Amends TCA Title 1; Title 4; Title 7; Title 38; Title 62; Title 63 and Title 67.

Generally, the Right to Earn a Living Act requires state government boards that issue professional and occupational licenses in fields other than health care to submit rules and policies bearing on entry to, and regulation of, professions and occupations, ("entry regulations") to the government operations committees for consideration as part of the governmental entity review process.<br /> <br /> This bill makes various additions and changes to the Right to Earn a Living Act, as follows:<br /> <br /> (1) Present law defines "licensing authority" to include regulatory boards, commissions, councils, and committees. This bill specifies that any agency that issues professional and occupational licenses in fields other than health care is a licensing authority;<br /> (2) This bill limits entry regulations or statutes with respect to businesses and professions to those demonstrably necessary and carefully tailored to fulfill a legitimate public health or safety objective that cannot be effectively served by restrictions that allow greater private participation. This bill also limits public service restrictions to those demonstrably necessary and carefully tailored to fulfill a legitimate public health or safety objective that cannot be effectively served by restrictions that allow greater private participation. The full text of this bill defines the terms "carefully tailored", "demonstrably necessary", "effectively served by restrictions that allow greater private participation", "health or safety", and "public service restrictions";<br /> (3) This bill creates a process by which any person may petition a licensing authority to repeal or modify any entry regulation or public service restriction within its jurisdiction, or to recommend legislative action to repeal or modify a law affecting a business or profession within its jurisdiction. Generally, once petitioned, a licensing authority will be required to act affirmatively pursuant to the petition or provide a written statement of the authority's basis for concluding that the regulation, restriction, or statute conforms to the requirements of (2);<br /> (4) This bill provides any person who challenges a regulation, restriction, or statute under (3) with standing to challenge the legality of a regulation, restriction, or statute in court. The full text of this bill describes the venue, process, standard of review, and burden of proof that will apply in any such court case. A prevailing plaintiff must be awarded declaratory and injunctive relief and attorney's fees and costs;<br /> (5) This bill declares any local requirements for engaging in a business or profession that are inconsistent with (2) to be preempted and authorizes any person recommend discontinuation of enforcement of any such requirements in a manner similar to that described in (3), by petitioning the agency, and (4) by legal action;<br /> (6) This bill specifies that, in any case in which a license, certification, permit, or fee is required prior to a person engaging in any constitutionally protected activity, the criteria for the granting or denial of that license, certification, permit, or fee must be specified in clear and unambiguous language, and the applicant is entitled to judicial review and determination of that license, certification, permit, or fee application within 90 days; and<br /> (7) This bill specifies that an award of damages under the Right to Earn a Living Act is an exception to present law that bars a cause of action for damages in conjunction with an action for declaratory or injunctive relief regarding the legality or constitutionality of a governmental action.<br /> <br />