Bill Text: MS SB2718 | 2017 | Regular Session | Introduced
Bill Title: Economic Liberty and Occupational Licensing Act of 2017; create.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-01-31 - Died In Committee [SB2718 Detail]
Download: Mississippi-2017-SB2718-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Accountability, Efficiency, Transparency
By: Senator(s) Tindell
Senate Bill 2718
AN ACT TO CREATE THE ECONOMIC LIBERTY AND OCCUPATIONAL LICENSING ACT OF 2017; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Economic Liberty and Occupational Licensing Act of 2017."
SECTION 2. As used in this section, the following words and phrases shall have the meanings ascribed unless the context clearly indicates otherwise:
(a) "Active market participant" means an individual who is:
(i) Licensed by an Occupational Licensing Board;
(ii) Provides a service subject to the regulatory authority of an Occupational Licensing Board; or
(iii) Is subject to the jurisdiction of an Occupational Licensing Board.
(b) "Active supervision" means review of the substance of an anticompetitive rule, regulation, restraint, not merely the procedures followed to produce it, and the power to approve, veto, or modify particular rules, regulations, restraints or the enforcement thereof to ensure they accord with state policy.
(c) "Bureau" means the Governor's Bureau of Economic Liberty.
(d) "Least restrictive regulation" means, from least to most restrictive:
(i) Market competition;
(ii) Third-party or consumer-created ratings and reviews;
(iii) Private certification;
(iv) Specific private civil cause of action to remedy consumer harm;
(v) Deceptive Trade Practice Act;
(vi) Regulation of the process of providing the specific goods or services to consumers;
(vii) Inspection;
(viii) Bonding or insurance;
(ix) Registration;
(x) Government certification; and
(xi) Occupational license.
(e) "Occupational Licensing Board" means any state board, commission, department, or other agency in Mississippi that is established for the primary purpose of regulating the entry of persons into, or regulating the conduct of persons within, a particular profession or occupation, and which is authorized to issue and revoke occupational licenses.
(f) "Rule, regulation, or restraint" means the whole or a part of a state policy or other statement of general applicability that implements, interprets or prescribes standard, or statement of general applicability, whether formal or informal, that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice requirements of any Occupational Licensing Board. Such term shall include the amendment or repeal of a prior rule, regulation, or restraint but shall not include statements of policy or interpretation made as part of a decision in a contested case.
SECTION 3. By establishing the policies and procedures of this chapter, the Legislature intends to ensure that the state's Occupational Licensing Boards and board members are entitled to antitrust immunity and that state laws relating to professions and businesses are interpreted and enforced in a manner consistent with clearly articulated state policy. It is the policy of the State of Mississippi to:
(a) Increase economic opportunities for all of its citizens by promoting competition and thereby encouraging innovation and job growth; and
(b) Use the least restrictive regulation necessary to protect consumers from present, significant, and substantiated harms that threaten public health and safety.
SECTION 4. The Governor shall establish the Governor's Bureau of Economic Liberty to provide active supervision to Occupational Licensing Boards.
(a) Occupational Licensing Boards controlled by active market participants in the occupation the board regulates shall submit all of the board's proposed rules, regulations, or restraints to the Governor's Bureau of Economic Liberty before the Occupational Licensing Board may file them in the Office of the Secretary of State if the rule, regulation, or restraint is required to be filed in the Office of the Secretary of State by Title 25, Chapter 43, Mississippi Code of 1972, (Mississippi Administrative Procedures Law) or before a rule, regulation, or restraint becomes effective, if filing is not required.
(b) The Bureau is responsible for:
(i) Determining if a board is controlled by active market participants;
(ii) Providing active supervision to occupational licensing boards that are controlled by active market participants in the occupation the board regulates and ensures the boards' actions are consistent with a clearly articulated state policy; and
(iii) Reviewing and, in writing, approving, modifying or vetoing any rule, regulation, or restraint submitted or individual enforcement action by an Occupational Licensing Board before the Occupational Licensing Board may file them in the Office of the Secretary of State if the rule, regulation, or restraint is required to be filed in the Office of the Secretary of State by Title 25, Chapter 43, Mississippi Code of 1972, (Mississippi Administrative Procedures Law) or before the rule, regulation, or restraint becomes effective, if filing is not required.
(c) The Governor is authorized to employ or engage one or more attorneys to carry out the duties of the Governor's Bureau of Economic Liberty. An attorney employed for this purpose shall not exercise control over the day-to-day processes and substantive actions of the board in which the attorney is providing active supervision, and shall not be an active market participant in the occupation of the board in which the attorney is providing active supervision.
SECTION 5. The Governor shall issue proclamations necessary to effectuate the provisions of this chapter, including the process, procedures, and timelines that will govern any submission filed in accordance with this act. Nothing in this chapter shall be interpreted to subject the Governor to any of the administrative procedures of Title 25, Chapter 43, Mississippi Code of 1972 ("Mississippi Administrative Procedures Law").
SECTION 6. This act shall not apply to Occupational Licensing Boards that are not controlled by active market participants.
SECTION 7. This act shall take effect and be in force from and after July 1, 2017.
