Senator Ashby frames disaster-time licensing as a real-time regulatory tool, pairing temporary waivers for licensure requirements with targeted enforcement and public-notice obligations to support licensed professionals and protect property owners in the wake of declared emergencies. The measure is designed to take immediate effect, reflecting its urgency in responding to disaster conditions and the needs of affected communities.
A central feature authorizes the department and the boards under the Department of Consumer Affairs to suspend or modify certain licensure requirements for licensees and applicants in disaster-impacted areas. Eligible waivers can address examination timing, renewal deadlines, continuing education, license display, renewal fee deferrals, delinquency fees, and the time allowed to complete applications. Waivers must be submitted in writing to the director, who has a five-business-day window to approve or disapprove; if approved or if the director does not act within that window, the waiver takes effect the following day. Each waiver that takes effect must be posted publicly by the department, and relevant legislative committees must be notified. The authorizing authority extends through the duration of the declared emergency and for one year after, with the possibility of additional extensions determined by the boards or the Real Estate Department. The bill also requires all licensees and applicants to provide an email address to enable communications related to waivers and notices.
In addition to waivers, the measure introduces several companion changes: it exempts disaster-area licensees from paying duplicate license fees, requires a disaster-area address-change exception to avoid penalties during emergencies, and imposes an email-address requirement for all licensees and applicants. It tightens debris-removal oversight by mandating that contractors operate only under specified classifications (with potential emergency-authorized expansions) and meet hazardous-substance certification and OSHA standards. It also directs the Real Estate Commissioner to identify and publicly warn of unlawful or fraudulent post-disaster practices and to inform the public about rights and resources. To deter predatory behavior, the bill adds a post-disaster discipline ground for licensees who make unsolicited offers to purchase disaster-area property at less than fair market value, with an initial one-year window and a possible two-year extension at the commissioner's discretion.
Together, these provisions situate disaster-time licensing within a broader enforcement and consumer-protection framework. The author notes that the intent is to address licensing and enforcement concerns in real time after emergencies, balancing flexibility for licensees with public-information and anti-fraud initiatives. The measure contemplates immediate effects while preserving ongoing oversight, requiring posting of waivers, public notices about post-disaster practices, and a clear path for extending protections as emergencies endure. Implementation is designed to occur within established regulatory structures, with fiscal oversight from the Fiscal Committee and no new general-fund appropriation indicated, acknowledging administrative costs associated with waivers, notices, and data collection.
![]() Benjamin AllenD Senator | Bill Author | Not Contacted | |
![]() Tim GraysonD Senator | Bill Author | Not Contacted | |
![]() Sabrina CervantesD Senator | Bill Author | Not Contacted | |
![]() Melissa HurtadoD Senator | Bill Author | Not Contacted | |
![]() Susan RubioD Senator | Bill Author | Not Contacted |
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Senator Ashby frames disaster-time licensing as a real-time regulatory tool, pairing temporary waivers for licensure requirements with targeted enforcement and public-notice obligations to support licensed professionals and protect property owners in the wake of declared emergencies. The measure is designed to take immediate effect, reflecting its urgency in responding to disaster conditions and the needs of affected communities.
A central feature authorizes the department and the boards under the Department of Consumer Affairs to suspend or modify certain licensure requirements for licensees and applicants in disaster-impacted areas. Eligible waivers can address examination timing, renewal deadlines, continuing education, license display, renewal fee deferrals, delinquency fees, and the time allowed to complete applications. Waivers must be submitted in writing to the director, who has a five-business-day window to approve or disapprove; if approved or if the director does not act within that window, the waiver takes effect the following day. Each waiver that takes effect must be posted publicly by the department, and relevant legislative committees must be notified. The authorizing authority extends through the duration of the declared emergency and for one year after, with the possibility of additional extensions determined by the boards or the Real Estate Department. The bill also requires all licensees and applicants to provide an email address to enable communications related to waivers and notices.
In addition to waivers, the measure introduces several companion changes: it exempts disaster-area licensees from paying duplicate license fees, requires a disaster-area address-change exception to avoid penalties during emergencies, and imposes an email-address requirement for all licensees and applicants. It tightens debris-removal oversight by mandating that contractors operate only under specified classifications (with potential emergency-authorized expansions) and meet hazardous-substance certification and OSHA standards. It also directs the Real Estate Commissioner to identify and publicly warn of unlawful or fraudulent post-disaster practices and to inform the public about rights and resources. To deter predatory behavior, the bill adds a post-disaster discipline ground for licensees who make unsolicited offers to purchase disaster-area property at less than fair market value, with an initial one-year window and a possible two-year extension at the commissioner's discretion.
Together, these provisions situate disaster-time licensing within a broader enforcement and consumer-protection framework. The author notes that the intent is to address licensing and enforcement concerns in real time after emergencies, balancing flexibility for licensees with public-information and anti-fraud initiatives. The measure contemplates immediate effects while preserving ongoing oversight, requiring posting of waivers, public notices about post-disaster practices, and a clear path for extending protections as emergencies endure. Implementation is designed to occur within established regulatory structures, with fiscal oversight from the Fiscal Committee and no new general-fund appropriation indicated, acknowledging administrative costs associated with waivers, notices, and data collection.
Ayes | Noes | NVR | Total | Result |
---|---|---|---|---|
37 | 0 | 3 | 40 | PASS |
![]() Benjamin AllenD Senator | Bill Author | Not Contacted | |
![]() Tim GraysonD Senator | Bill Author | Not Contacted | |
![]() Sabrina CervantesD Senator | Bill Author | Not Contacted | |
![]() Melissa HurtadoD Senator | Bill Author | Not Contacted | |
![]() Susan RubioD Senator | Bill Author | Not Contacted |