Bill Text: MS HB1152 | 2023 | Regular Session | Introduced

---

Bill Title: Occupational Licensing Review Commision; revise membership and certain other provisions of.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2023-01-31 - Died In Committee [HB1152 Detail]

Download: Mississippi-2023-HB1152-Introduced.html

---

MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Accountability, Efficiency, Transparency

By: Representative Boyd (19th)

House Bill 1152

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, THE COMMISSIONER OF INSURANCE AND THE STATE TREASURER AND TO REMOVE THE ATTORNEY GENERAL; TO REVISE WHO MAY CALL A MEETING OF THE COMMISSION AND WHO MAY REQUEST ASSISTANCE AND DATA; TO REQUIRE OCCUPATIONAL LICENSING BOARDS TO SUBMIT REGULATORY IMPACT ASSESSMENTS TO THE COMMISSION; TO PROVIDE THAT THE COMMISSION SHALL ACT ON ALL SUBMISSIONS OF PROPOSED OCCUPATIONAL REGULATIONS WITHIN 120 DAYS OF RECEIPT; 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, the Secretary of State, the Commissioner of Insurance and the * * *Attorney General 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 a majority vote of the commission.  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 take action as provided in this chapter on all submissions of proposed occupational regulations within one-hundred-twenty (120) days of receipt of the submission.

     ( * * *45)  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).

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2023.

---