The Occupational Board Reform Act (OBRA) was passed in 2018 and became effective in 2019. It requires legislative committees of jurisdiction to review all occupational licenses in the state, roughly 20% per year, on a five-year rotation. These reviews examine whether the licensing requirements are adequate or excessive by current standards. The committees then submit reports to the Clerk of the Legislature, where they are available for public review.
By way of reminder, almost all licensing regulations are created to protect the “health and safety” of the public. Occasionally, that purpose becomes protecting the “health, safety, and welfare” of the public. One of the things that OBRA reports are supposed to do is determine whether the regulations are fulfilling those purposes.
Each committee handles these reports slightly differently, and the way an individual committee reviews different licenses may vary. Most committees submit interim studies to provide notice that they will be looking at specific licenses. Then, they decide whether to hold hearings or conduct an internal study by staff.
This is the final in a series of articles discussing the work of the various committees, now that they’ve completed their first five-year cycle and have started on their second.
For more context, see this post.
Not all committees of the Nebraska Legislature have a large number of occupations to review. Given the nature of job licensing, it makes sense (as noted in earlier posts) that the Health and Human Services Committee and the Education Committee would have a significant portion of the state’s licenses (and certificates) under their purview. The final three committees of jurisdiction that we review here have only a few licenses between them, and as their reviews indicate, those licenses fall into a little bit different category than do licenses for teachers or nurses, which require specific training/education requirements and testing.
Judiciary Committee
Two broad categories of “licenses” were reviewed by the Judiciary Committee: Law Enforcement and assorted Fireworks Distributors.
While Law Enforcement certifications require training and testing, and are generally under the subject matter jurisdiction of the Judiciary Committee, the Nebraska Crime Commission is an executive agency that has been given fairly broad grants of authority, not only in the training of law enforcement, but also in other matters related to criminal justice and juvenile justice. While the committee did a brief review of the Crime Commission, that organization has largely been excluded from most provisions of the Occupational Board Reform Act.
Assorted fireworks-related occupations are listed under the jurisdiction of the Judiciary Committee, as well. The State Fire Marshal oversees those “licenses” which are less occupational licensure than permits to operate retail stands and sell fireworks wholesale. Given that firework sales tend to have a limited time run in Nebraska, the goal with these licenses seems to be more one of regulating the fireworks as opposed to regulating the individuals engaged in selling and distributing them.
Natural Resources Committee
Occupations reviewed under the purview of the Natural Resources Committee in the review cycle include:
- Wastewater Treatment Facilities Operators
- Private Onsite Wastewater Treatment System Professionals
- Installers and Closers of Underground Storage Tanks
- Geologists
- Well Water Drillers
The Natural Resources Committee completed the first round of reviews from 2019-2021, and then took 2022 and 2023 off, resuming the second round of reviews in 2024 an 2025.
There is no occupational board for any of the wastewater, tank installer/closers or well water driller occupations. The Department of Natural Resources requires those who would operate in these areas to pay a fee and take a test to show minimum competence for the care of safety.
Geologists are governed by the Nebraska Board of Geologists, which do govern the practice of geology in the state. The committee concluded that while “the testing and licensing requirements and board oversight of geologists does create a barrier to entry for this profession….errors in geologic input may cause a loss of life and/or property” and that “Licensure and board oversight help mitigate these serious risks and protect against undue risks of harm to public health, safety, and welfare.”
No changes in licensure or certification for any of the occupations under the oversight of the Natural Resources Committee have been recommended.
Urban Affairs Committee
The Urban Affairs Committee started their reports in 2020, completed the first round in 2023, and started the second round in 2024.
Occupations covered under the auspices of the Urban Affairs Committee included:
- Fire Alarm Inspectors
- Radon Measurement Specialists and Radon Mitigation Specialists
- Master Plumbers
- Home Inspectors
It would seem that with all of these (except the Master Plumber are “loosely” licensed occupations). Home inspectors do not have a licensing board, and the licensure is primarily a registration with the Secretary of State. Fire Alarm Inspectors are required to take a test and are licensed by the State Fire Marshal for three years.
The Radon Measurement and Mitigation specialists are certified by the Department of Health and Human Services after receiving training and passing a test.
Master Plumbers are a bit different situation. Although there is no state licensure for plumbers in Nebraska, municipalities are the primary licensing agents for plumbers. According to the report submitted by the Committee, 12 cities have established separate plumbing boards. Other cities license or authorize plumbers to practice within their jurisdictions, but without clear definition of requirements for licensing.
15 states (including Nebraska) have no statewide licensing for plumbers–other states have a state licensing structure (similar to that of Electricians and the Electrical Board in Nebraska) which allow for standardization across the state. Anecdotally, this is a complaint that has been heard from the plumbing/HVAC community–that standards for licensure can vary across streets in some parts of the metro area, when two cities have different rules.
Conclusions
The licensing reviews completed over the last 5 years have been instructive. Many state “licenses” are much more akin to certification or registration, with relatively low barriers to work; others show that Nebraska’s standards for licensure are significantly higher than licensure in surrounding states (c.f. massage therapists, here).
In all questions that place government restrictions on occupations, the question that should be asked is whether the restrictions enhance the consumer’s (or broader public’s) health and safety, or whether enhanced requirements or education merely make it tougher for people to enter the occupation? A collateral question should also look at whether our requirements are consistent with those of our sister states, or significantly higher (or lower) and whether any requirement disparity has resulted in safer or less-safe conditions in our state.
