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Bill would add Legislature to annual report on professional licensing board vacancies
Summary
House Bill 35 would require the Department of Labor’s existing annual licensing-board report to include vacancy and appointment-status details and be sent to the Legislature’s interim economic affairs committee; supporters said vacancies have impaired boards' ability to conduct disciplinary work.
Representative Jonathan Karlen introduced House Bill 35 and an amendment that would expand an existing Department of Labor report to include appointment and vacancy details and make that report available to the Legislature’s Economic Affairs interim committee.
Proponents told the committee vacancies have hampered some licensing boards’ ability to function. A massage-therapy board witness said the board at one point had two of five member slots filled, forcing holdover members to continue serving so panels could meet. "Having a vacancy for more than 6 months is an issue," the witness said, adding that the lapse affected the screening panel for disciplinary cases.
The bill’s sponsor, Representative Jonathan Karlen, told the committee the amendment “looks a little bit more drastic than it is” and described the change as adding the interim committee as a recipient of a report the Department already prepares. Karlen said he removed a proposed requirement that the governor’s office make appointments within six months, leaving any specific time frame to the committee’s discretion.
Montana Department of Labor Commissioner Sarah Swanson testified she and the governor’s office prefer expanding the existing annual report rather than creating a new one. "Rather than inventing a new report... why not expand the information in this report and give it to the legislative interim committee too," Swanson said, and said the department already compiles detailed per-board information for budget planning.
Other supporters included Matt Leo of the Montana Athletic Trainers Association, who said a six-month window to fill vacancies is reasonable and that the amendment clarifies when the clock starts. A proponent identifying herself as a former board chair described instances where long vacancies and sporadic attendance by appointed members prevented panels from reaching quorum.
Kevin Bragg, Bureau Chief for Professional Licensing, appeared as an informational witness to answer technical questions about how boards operate and how the department tracks appointments and vacancies.
No formal action was taken during the hearing. Representative Karlen closed by inviting committee input on additional information that would be useful to legislators; the sponsor indicated an amendment had been circulated for committee consideration. The hearing on House Bill 35 was then closed.
