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Committee advances bill limiting discipline for licensed professionals’ off-duty religious speech; MLS access clause removed
Summary
House Bill 470, which as amended prevents licensing bodies from disciplining professionals for legal, off-duty religious or political speech and clarifies access to multiple listing services, passed the Business & Utilities Subcommittee after extended testimony and two amendments.
The Business & Utilities Subcommittee on Wednesday advanced House Bill 470 after debate and amendments clarifying that licensing or certifying organizations may not discipline a licensee for legally protected speech in a nonprofessional setting and removing a provision that would have required multiple listing service (MLS) access for nonmembers without charge.
Sponsor Representative Rudd said the bill “simply states that in a non professional setting... you cannot be penalized as long as you're not breaking a law for anything you say or do in a non professional setting.” He described the measure as protecting freedom of religion and free speech outside an individual’s professional duties and said the language had been negotiated with the Department of Human Services and realty stakeholders.
Three public witnesses testified during the committee’s hearing. Jim Layman, legislative director for the Department of Children's Services, said his department shared concerns raised by the Department of Human Services but would follow their lead. Johanna Cohen of Robertson County urged balance, saying the bill could protect speakers whose comments she considered harmful: “Whose freedom of religion gets protected in this situation?” she asked, recounting a workplace interaction she felt the bill might shield. Aiden Pratt of Wilson County testified in opposition, warning that the bill could be used to justify discrimination against protected classes and cited civil-rights concerns.
Committee members debated a second major issue: language in the original draft that affected MLS access. Chairman Vaughn offered an amendment to remove the MLS-access requirement and preserve the ability of local REALTOR associations and MLS operators to set membership and fee rules. Sponsor Rudd said the amendment was consistent with negotiations and left the central religious-freedom protections intact.
The committee adopted two amendments (drafting codes noted in committee) and voted 7-3 to advance House Bill 470 to full Commerce.
The transcript records committee members raising brand-protection and intellectual-property concerns for associations as well as references to actions taken by the National Association of REALTORS and incidents in Montana, Minnesota and Virginia that sponsors cited as motivating the measure. The bill, as amended, protects certain off-duty speech from discipline but leaves professional conduct rules and employer licensing standards in place for on-duty actions.
