New Hampshire HB 1340: limiting occupational regulations to those demonstrably necessary to achieve public health, safety, or welfare objectives.

Bill Text

HB 1340 - AS INTRODUCED

2026 SESSION

 26-2943

 09/06

HOUSE BILL 1340

AN ACT limiting occupational regulations to those demonstrably necessary to achieve public health, safety, or welfare objectives. 

SPONSORS: Rep. Slottje, Hills. 13; Rep. McFarlane, Graf. 18

COMMITTEE: Executive Departments and Administration

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ANALYSIS

 This bill sets restrictions on the use of occupational regulations, requires all agencies to review all of their rules to ensure compliance, and sets special standards for the enforcement of these restrictions.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2943

 09/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT limiting occupational regulations to those demonstrably necessary to achieve public health, safety, or welfare objectives. 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Short Title. This act may be known as and cited to as the "Right to Earn a Living Act." 

 2 Findings and Purpose. The legislature hereby finds and declares that: 

 I. The right of individuals to pursue a chosen business or profession, free from arbitrary or excessive government interference, is a fundamental civil right. 

 II. The freedom to earn an honest living traditionally has provided the surest means for economic mobility. 

 III. In recent years, many regulations of entry into businesses and professions have exceeded legitimate public purposes and have had the effect of arbitrarily limiting entry and reducing competition.

 IV. The burden of excessive regulation is borne most heavily by individuals outside the economic mainstream, for whom opportunities for economic advancement are curtailed.

 V. It is in the public interest: 

 (a) To ensure the right of all individuals to pursue legitimate entrepreneurial and professional opportunities to the limits of their talent and ambition;

 (b) To provide the means for the vindication of this right; and

 (c) To ensure that regulations of entry into businesses and professions are demonstrably necessary and carefully tailored to legitimate health, safety, and welfare objectives.

 3 New Section; Administrative Procedure Act; Purpose of Rules. Amend RSA 541-A by inserting after section 3-b the following new section: 

 541-A:3-c Purpose of Rules. 

 I. As used in this section: 

 (a) ”Agency” shall be broadly construed to include the state, all units of state government, any county, city, town, or political subdivision of this state, and any branch, department, division, office, or agency of state or local government. 

 (b) “Occupational regulations” shall include any law, ordinance, regulation, rule, policy, fee, condition, test, permit, administrative practice, or other provision relating in a market, or the opportunity to engage in any occupation or profession. For the purpose of this section, an occupational regulation does not include an “occupational license.” 

 (c) “Occupational license” is a nontransferable and exclusive authorization in law in which the legislature establishes the personal qualifications necessary to engage in any occupation or profession.

 (d) “Personal qualifications” are criteria related to an individual’s personal background and characteristics including completion of an approved educational program, satisfactory performance on an examination, work experience, other evidence of attainment of requisite skills or knowledge, moral character, criminal history and completion of continuing education.

 (e) “Public service restrictions” shall include any law, ordinance, regulation, rule, policy, fee, condition, test, permit, or other administrative practice, with or without the support of public subsidy and/or user fees.

 (f) ”Welfare” shall be narrowly construed to encompass protection of members of the public against fraud or harm. This term shall not encompass the protection of existing businesses or agencies, whether publicly or privately owned, against competition.

 (g) ”Subsidy” shall include taxes, grants, user fees, or any other funds received by or on behalf of an agency.

 II. In adopting any rules under this chapter, all occupational regulations with respect to businesses and professions shall be limited to those demonstrably necessary and carefully tailored to fulfill legitimate public health, safety, or welfare objectives.

 III. All public service restrictions shall be limited to those demonstrably necessary and carefully tailored to