Senate Bill 2300

AN ACT TO AMEND SECTION 73-47-9, MISSISSIPPI CODE OF 1972, TO REVISE THE MEMBERSHIP OF THE OCCUPATIONAL LICENSING REVIEW COMMISSION TO INCLUDE THE LIEUTENANT GOVERNOR, COMMISSIONER OF INSURANCE, AND STATE TREASURER OR HIS OR HER RESPECTIVE DESIGNEE; TO REQUIRE AN OCCUPATIONAL LICENSING BOARD TO SUBMIT A REGULATORY IMPACT ASSESSMENT TO THE COMMISSION IN A MANNER PRESCRIBED BY THE COMMISSION; TO REQUIRE THAT ALL PROPOSED SUBMISSIONS TO THE COMMISSION BE ACTED ON BY THE COMMISSION WITHIN 120 CALENDAR DAYS OF SUBMISSION; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 73-47-9, Mississippi Code of 1972, is amended as follows:

73-47-9. (1) There is hereby created the Occupational Licensing Review Commission which shall be composed of the Governor, * * * ~~the~~ Lieutenant Governor, Secretary of State * * * ~~and the Attorney General~~, Commissioner of Insurance and State Treasurer or his or her respective designee. The Governor shall be the Chairman of the commission, and the Secretary of State shall be the Secretary. The commission shall meet quarterly and at such other times as meetings may be called by * * * ~~the chair~~ majority vote. A majority of the members shall constitute a quorum at any meeting. Any final action taken by the commission shall require the affirmative vote of a majority of the members. The Office of the Governor shall provide such support of the commission necessary to accomplish the purposes of this chapter, including, but not limited to, research and clerical assistance. Any department, division, board, bureau, commission or agency of the state shall provide, at the request of * * * ~~the chair~~ a member of the commission, such assistance and data as will enable the commission to carry out its duties.

(2) The commission shall be responsible for the active supervision of state executive branch occupational licensing boards controlled by active market participants to ensure compliance with state policy in the adoption of an occupational regulation promulgated by an occupational licensing board, to include existing occupational regulations promulgated by an occupational licensing board. The active supervision required under this chapter shall not extend to individual disciplinary actions taken or imposed by an occupational licensing board as to any active market participant subject to the jurisdiction of the occupational licensing board.

(3) An occupational licensing board must submit any proposed occupational regulation to the commission before the occupational licensing board may file the occupational regulation in the Office of the Secretary of State if the occupational regulation is required to be filed in the Office of the Secretary of State by Chapter 43, Title 25, Mississippi Code of 1972, (Mississippi Administrative Procedures Law), or before the occupational regulation becomes effective if filing is not required. An occupational licensing board shall submit a regulatory impact assessment to the commission in a manner prescribed by the commission.

(4) The commission shall issue resolutions necessary to effectuate the provisions of this chapter, including the process, procedures and timelines that will govern any submission filed in accordance with the chapter. Nothing in this chapter shall be interpreted to subject the commission to any of the administrative procedures of Chapter 43, Title 25, Mississippi Code of 1972, (Mississippi Administrative Procedures Law).

(5) All proposed submissions to the commission shall be acted on by the commission according to this chapter within one hundred twenty (120) calendar days of submission.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.