Bill Text: MS SB2381 | 2020 | Regular Session | Introduced
Bill Title: Occupational Licensing Review Commission; require supervision of civil actions brought by occupational licensing boards.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-03-03 - Died In Committee [SB2381 Detail]
Download: Mississippi-2020-SB2381-Introduced.html
MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Accountability, Efficiency, Transparency; Business and Financial Institutions
By: Senator(s) Hill
Senate Bill 2381
AN ACT TO AMEND SECTION 73-47-9, MISSISSIPPI CODE OF 1972, TO REQUIRE THE GOVERNOR TO APPOINT A SMALL BUSINESS OWNER TO THE OCCUPATIONAL LICENSING REVIEW COMMISSION; TO REQUIRE THE LIEUTENANT GOVERNOR TO APPOINT A SMALL BUSINESS OWNER TO THE OCCUPATIONAL LICENSING REVIEW COMMISSION; TO REQUIRE THE COMMISSION TO BE RESPONSIBLE FOR THE ACTIVE SUPERVISION OF ANY CIVIL ACTION BROUGHT BY OR ON BEHALF OF AN OCCUPATIONAL LICENSING BOARD; TO REQUIRE AN OCCUPATIONAL LICENSING BOARD TO REQUEST AUTHORITY FROM THE COMMISSION TO SUE AND TO REQUIRE THE BOARD TO MEDIATE ANY DISPUTE WITH POTENTIAL DEFENDANTS BEFORE FILING AN ACTION; TO AUTHORIZE A COURT TO AWARD A PREVAILING DEFENDANT ONE-HALF (1/2) OF ITS COSTS; 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 Secretary of State and the Attorney General, or his or her respective designee, one (1) small business owner to be appointed by the Governor and one (1) small business owner to be appointed by the Lieutenant Governor. 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 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 of the commission, such assistance and data as will enable the commission to carry out its duties.
(2) (a) 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. The active supervision required under this act 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.
(b) The commission shall also be responsible for the active supervision of any civil action brought by or on behalf of an occupational licensing board, including the authorization of the action.
(3) (a) 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.
(b) At least thirty (30) days prior to filing a civil action, an occupational licensing board must, in writing, request authorization from the commission to file an action and shall send a copy of its request to any potential defendants of the action. Before the suit is filed, an occupational licensing board shall mediate the dispute with any potential defendants and shall submit a signed record of the parties that attended the mediation to the commission.
(c) In any civil action brought by an occupational licensing board, a court may award a prevailing defendant, upon the entry of final judgment, one-half (1/2) of its costs.
(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).
SECTION 2. This act shall take effect and be in force from and after July 1, 2020. Subsections (2)(b) and (3)(c) of this act shall apply to all pending actions in which judgment has not been entered on the effective date of this act.
