HB 90

Under existing law, the expenditures of self-sustaining state professional licensing boards, agencies, and commissions are not required to be published on the searchable public Internet database maintained by the Comptroller

This bill would require those self-sustaining state professional licensing boards, agencies, and commissions to either publish their expenditure information on the Internet database maintained by the Comptroller or on the public website of the board, agency, or commission

Also under existing law, the Alabama Sunset Committee is responsible for periodically reviewing state professional licensing boards, agencies, and commissions

This bill would create the Alabama Sunrise Act and would require the Sunset Committee to review proposals for the regulation of additional professions or occupations and the necessity and cost-effectiveness of the proposed regulation to protect the public health, safety, or welfare from significant and discernible harm or damage

To amend Section 41-4-65 of the Code of Alabama 1975, relating to the online database of state expenditures maintained by the Comptroller; to require each self-sustaining professional licensing board, agency, or commission previously exempted from posting expenditures through the online database to either post the information on the online database of the Comptroller or post the information on the public website of the board, agency, or commission; and to add Section 41-20-4.1 to the Code of Alabama 1975, to create the Alabama Sunrise Act; to require the Sunset Committee to review proposals for the regulation of additional professions or occupations and the necessity and cost-effectiveness of the proposed regulation to protect the public health, safety, or welfare from significant and discernible harm or damage.

Section 1

Section 41-4-65 of the Code of Alabama 1975, is amended to read as follows:

§41-4-65.

(a) In this section, state entity shall mean, the State of Alabama, a political subdivision, an agency, board, commission, or department of the state, the State Board of Education, a public college or trade school, or a public university, except that the term shall not mean a county, a municipal corporation, a county board of education, a city board of education, or, unless otherwise provided in Section of the act adding this amendatory language, a professional licensure agency board that is self-sustaining by its own revenues and fees.

(b) The Comptroller shall establish and post on the Internet a database of state expenditures, including contracts and grants, that are electronically searchable by the public, except as provided by subsection (d). The database shall include all of the following:

(1) The amount, date, payor, and payee of expenditures.

(2) A listing of state expenditures by each of the following:

a. The object of the expense with links to the warrant or check register level.

b. To the extent maintained by the state entity accounting systems in a reportable format, class and item levels.

(c) To the extent possible, the Comptroller shall present information in the database established under this section in a manner that is searchable and intuitive to users. The Comptroller shall enhance and organize the presentation of the information through the use of graphical representations, such as pie charts, as the Comptroller considers appropriate. At a minimum, the database shall allow users to:

(1) Search state funding by any element of the information.

(2) Ascertain through a single search the total amount of state funding awarded to a person by a state entity.

(3) Download information yielded by a search of the database.

(d) The Comptroller may not allow public access under this section to a payee's address, except that the Comptroller may allow public access under this section to information identifying the county in which the payee is located. The Comptroller may not allow public access under this section to information that is identified by a state entity as excepted from required disclosure as confidential. The Comptroller, or an officer or employee of the Comptroller's office, shall be immune from any civil liability for posting confidential information under this section if the Comptroller, officer, or employee posted the information in reliance on a determination made by a state entity about the confidentiality of information relating to the expenditures of the agency.

(e) To the extent any information required to be in the database is already being collected or maintained by a state entity, the state entity shall provide that information to the Comptroller for inclusion in the database.

(f) The Comptroller may not charge a fee to the public to access the database.

(g) Except as provided by subsection (h), a state entity shall cooperate with and provide information to the Comptroller as necessary to implement and administer this section.

(h) This section does not require a state entity to record information or expend resources for the purpose of computer programming or other additional actions necessary to make information reportable under this section.

(i) The Alabama Department of Finance, after consultation with the Comptroller, shall prominently include a link to the database established under this section on the public home page of the State of Alabama.

(j) Each state entity that maintains a generally accessible Internet site or for which a generally accessible Internet site is maintained shall include a link on the entity's Internet site to the state expenditure database established by this section.

(k) The Comptroller shall establish procedures and adopt rules to implement and administer this section.

(l) Any vendor, contractor, or other supplier to any state entity may notify the Comptroller in writing that its prices or costs, or both, should be held confidential. Upon receipt of such written notification, the Comptroller shall not post the prices or costs, or both, specified in the notification unless and until the Comptroller shall investigate whether the prices or costs, or both, claimed in the notification to be confidential should be protected from posting. Such investigation shall include a hearing where the vendor, contractor, or other supplier can present justification for holding the information confidential. The Comptroller's ruling on confidentiality shall be based on a standard of reasonableness. The Comptroller's ruling shall be subject to review by the courts."

Section 2

(a) For the purposes of this section, a licensing board is a state professional licensing board, agency, or commission that is self-sustaining by its own revenues and fees. The expenditures of each licensing board, at the option of the licensing board, shall either be published on the searchable public Internet database maintained by the Comptroller pursuant to Section 41-4-65, Code of Alabama 1975, or on the website of the licensing board pursuant to subsection (b). The option of the licensing board shall be made annually and entered upon the minutes of the board. (b)(1) In any year that a licensing board does not opt to publish expenditures on the searchable public Internet database maintained by the Comptroller pursuant to Section 41-4-65, Code of Alabama 1975, the expenditures, including contracts and grants, of that licensing board shall be published on the website of the licensing board. The published expenditures shall be electronically searchable by the public, except as provided by subdivision (3), and shall include all of the following: a. The amount, date, payor, and payee of expenditures. b. A listing of state expenditures by both of the following: 1. The object of the expense with links to the warrant or check register level. 2. To the extent maintained by the licensing board accounting systems in a reportable format, class and item levels. (2) To the extent possible, the licensing board shall present expenditure information in a manner that is searchable and intuitive to users and shall enhance and organize the presentation of the information through the use of graphical representations, such as pie charts, as the licensing board considers appropriate. (3) The licensing board may not allow public access under this subsection to the address of a payee, except that the licensing board may allow public access under this subsection to information identifying the county in which the payee is located. The licensing board may not allow public access under this subsection to information that is identified by the licensing board as exempt from required disclosure as confidential. The licensing board, or an officer or employee of the licensing board, shall be immune from any civil liability for posting confidential information under this subsection if the licensing board, or officer or employee of the licensing board, posted the information in reliance on a determination made by the licensing board about the confidentiality of information relating to the expenditures of the licensing board. (4) To the extent any information required to be published on the website is already being collected or maintained by the licensing board, the licensing board shall include that information on the website. (5) The licensing board may not charge a fee to the public to access any information required to be published on the licensing board website pursuant to this subsection. (6) The Alabama Department of Finance, after consultation with each licensing board, shall prominently include a link to that portion of the website of each licensing board, that includes the expenditure information required to be published by this subsection on the public home page of the State of Alabama. (7) The home page of the website of each licensing board shall include a prominent link to the expenditure information required to be published by this subsection. (8) Each licensing board may adopt rules to implement and administer this subsection. (9) Any vendor, contractor, or other supplier to any licensing board may notify the licensing board in writing that its prices or costs, or both, should be held confidential. Upon receipt of such written notification, the licensing board may not post the prices or costs, or both, specified in the notification unless and until the licensing board investigates whether the prices or costs, or both, claimed in the notification to be confidential should be protected from posting. The investigation shall include a hearing where the vendor, contractor, or other supplier may present justification for holding the information confidential. The ruling of the licensing board on confidentiality shall be based on a standard of reasonableness and shall be subject to review by the courts.

Section 3

Section 41-20-4.1 is added to the Code of Alabama 1975, to read as follows: §41-20-4.1. (a) This section shall be known and may be cited as the Alabama Sunrise Act. (b) The Legislature finds and declares all of the following: (1) That no profession or occupation be subject to regulation by the state unless the regulation is necessary to protect the public health, safety, or welfare from significant and discernible harm or damage and that the police power of the state be exercised only to the extent necessary for that purpose. (2) That no profession or occupation be regulated by the state in a manner that unnecessarily restricts entry into the practice of the profession or occupation or adversely affects the availability of the professional or occupational services to the public. (c) In determining whether to regulate a profession or occupation, the Legislature shall consider all of the following factors: (1) Whether the unregulated practice of the profession or occupation will substantially harm or endanger the public health, safety, or welfare, and whether the potential for harm is recognizable and not remote. (2) Whether the practice of the profession or occupation requires specialized skill or training, and whether that skill or training is readily measurable or quantifiable so that examination or training requirements would reasonably assure initial and continuing professional or occupational ability. (3) Whether the regulation will have an unreasonable effect on job creation or job retention in the state or will place unreasonable restrictions on the ability of individuals who seek to practice or who are practicing a given profession or occupation to find employment. (4) Whether the public is or can be effectively protected by other means. (5) Whether the overall cost-effectiveness and economic impact of the proposed regulation, including the indirect costs to consumers, will be favorable. (d) The proponents of legislation that provides for the regulation of a profession or occupation not already expressly subject to state regulation, upon request, shall provide all of the following information in writing to the Sunset Committee: (1) The number of individuals or businesses that would be subject to the regulation. (2) The name of each association that represents members of the profession or occupation, together with a copy of its code of ethics or conduct. (3) Documentation of the nature and extent of the harm to the public caused by the unregulated practice of the profession or occupation, including a description of any complaints that have been lodged against persons who have practiced the profession or occupation in this state during the preceding three years. (4) A list of states that regulate the profession or occupation, and the dates of enactment of each law providing for that regulation and a copy of each law. (5) A list and description of state and federal laws that have been enacted to protect the public with respect to the profession or occupation and a statement of the reasons why these laws have not proven adequate to protect the public. (6) A description of the voluntary efforts made by members of the profession or occupation to protect the public and a statement of the reasons why these efforts are not adequate to protect the public. (7) A copy of any federal legislation mandating regulation. (8) An explanation of the reasons why other types of less restrictive regulation would not effectively protect the public. (9) The cost, availability, and appropriateness of training and examination requirements. (10) The cost of regulation, including the indirect cost to consumers, and the method proposed to finance the regulation. (11) The cost imposed on applicants or practitioners or on employers of applicants or practitioners as a result of the regulation. (12) The details of any previous efforts in this state to implement regulation of the profession or occupation. (13) Any other information the Sunset Committee considers relevant to the analysis of the proposed legislation. (e) The Sunset Committee shall provide the Legislature with information concerning the effect of proposed legislation that provides for new regulation of a profession or occupation regarding all of the following: (1) The departmental resources necessary to implement and enforce the proposed regulation. (2) The technical sufficiency of the proposal for regulation, including its consistency with the regulation of other professions and occupations under existing law. (3) If applicable, any alternatives to the proposed regulation which may result in a less restrictive or more cost-effective regulatory scheme. (f) When making a recommendation concerning proposed legislation providing for new regulation of a profession or occupation, the Sunset Committee shall determine all of the following: (1) Whether the regulation is justified based on the criteria specified in subsection (c), the information submitted pursuant to request under subsection (d), and the information provided under subsection (e). (2) The least restrictive and most cost-effective regulatory scheme that will adequately protect the public. (3) The technical sufficiency of the proposed legislation, including its consistency with the regulation of other professions and occupations under existing law. (g) The Department of Examiners of Public Accounts and the Legal and Fiscal Divisions of the Legislative Services Agency shall provide assistance to the Sunset Committee in completing the sunrise process specified in this section.

Section 4

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.