HB 1104 — Occupational Licensing Review Commission; authorize to review certain existing occupational regulations to determine compliance with state policy.

HB1104 (As PassedSent theto House)Governor) - 2020 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Representative Turner House Bill 1104 (As PassedSent theto House)Governor) AN ACT TO AMEND SECTION 73-47-5, MISSISSIPPI CODE OF 1972, TO AUTHORIZEREVISE THE OCCUPATIONALDEFINITION LICENSINGOF REVIEWTHE COMMISSIONTERM TO"ACTIVE REVIEWSUPERVISION" THETO SUBSTANCEINCLUDE REVIEW OF ANY EXISTING OCCUPATIONALREGULATIONS; REGULATION THAT WAS PROMULGATED ON OR AFTER JULY 1, 2012, BY ANY OCCUPATIONAL LICENSING BOARD AND DETERMINE WHETHER SUCH OCCUPATIONAL REGULATIONS COMPLY WITH STATE POLICY;

TO PROVIDEAMEND THATSECTION IF73-47-9, THEMISSISSIPPI COMMISSIONCODE DETERMINESOF THAT1972, ANYTO OCCUPATIONALAUTHORIZE REGULATIONTHE DOESOCCUPATIONAL NOTLICENSING COMPLYREVIEW WITH STATE POLICY, THEN THE COMMISSION SHALL EITHER DECLARE THE REGULATION TO BEEXERCISE INVALIDACTIVE AFTERSUPERVISION SIXTYOVER DAYS,EXISTING RENDERINGOCCUPATIONAL ITREGULATIONS UNENFORCEABLEPROMULGATED UNDERBY THE LAW, OR ALLOW THE OCCUPATIONAL LICENSING BOARDBOARDS; TO REVISE THE REGULATION TO ENSURE COMPLIANCE WITH STATE POLICY;

TO AMEND SECTION 73-47-9, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION;

          (a)  (a)  "Active market participant" means an individual who is:

andand * * *  * * *   (ii) approve, disapprove, disapprove with suggested amendment, or allow the occupational licensing board to withdraw for revision such occupational regulation to ensure compliance with state policy;

andor               (ii)  May reviewreview, upon its own motion, the substance of anyan existing occupational regulation that was promulgated on or after July 1, 2012, by anyan occupational licensing board andand, determineif whether such occupational regulations comply with state policy.  If the commission determines thatthe any occupational regulation does not comply with statethe policy,provisions thenof thethis commissionchapter, shall:it may, in its discretion:  1.

                  declare 1. that Declare the noncomplying regulation towill bebecome invalid after sixty (60) days,days renderingafter itthe unenforceabledate underof review, at which time the regulation will cease to have any force of law;

or                   2. 2.  Allow the occupational licensing board to revise the regulation to ensure compliance with state policy and then review the proposed regulation as provided in subparagraph (i) of this paragraph (b);

allow the occupational licensing board opportunity to amend the noncomplying regulation to conform with state policy;

                            (i)  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           (k)  "Least restrictive regulation" means, from least to most restrictive:

     (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 * * *inpolicy in the adoption of an for any occupational regulation * * *promulgatedregulation proposedpromulgated by an occupational licensing boardboard, andto forinclude any existing occupational regulationregulations that was promulgated on or after July 1, 2012, 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.

     (4) (4) The 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).