Miss. Code § 25-43-4.103

Current through the 2024 Regular Session
Section 25-43-4.103 - Small Business Regulatory Review Committee; duties, relation to Mississippi Development Authority, composition, terms, meetings, quorum
(1) There is established a Small Business Regulatory Review Committee.
(2) The duties of the committee shall be to:
(a) Provide agencies with input regarding proposed permanent rules which may have an economic impact upon small business and for which a notice of intended action is published by the Secretary of State on or after July 1, 2012;
(b) Review any rule promulgated by a state agency for which notice has been given by the agency to the committee that the proposed rule has or may have an economic effect upon small business and make recommendations to the agency and or the Legislature regarding the need for a rule or legislation;
(c) Petition an agency to amend, revise, or revoke an existing regulation based on an economic impact on small business; and
(d) Advise and assist agencies in complying with the provisions of and perform any and all acts and duties set forth and authorized in the Mississippi Small Business Regulatory Flexibility Act.
(3) The committee is assigned to the Mississippi Development Authority for administrative purposes only. The department shall act as a coordinator for the committee, and shall not be required to provide legal counsel for the committee.
(4) The committee shall consist of twelve (12) members, appointed as follows:
(a) Four (4) members to be appointed by the Governor, one (1) of whom shall be the Executive Director of the Mississippi Development Authority, or his designee;
(b) Four (4) members to be appointed by the Lieutenant Governor, two (2) of whom may be State Senators who own small businesses; and
(c) Four (4) members to be appointed by the Speaker of the House of Representatives, two (2) of whom may be State Representatives who own small businesses.

Any legislative member appointed to the committee shall serve as an ex officio, nonvoting member.

(5) The appointing authorities shall appoint members of the committee for which no qualifications are specified under subsection (4) from:
(a) Lists of nominees, which may include small business owners, association representatives and small business regulatory advisors who have legal or accounting experience, submitted by the following business organizations:
(i) National Federation of Independent Business;
(ii) Mississippi Manufacturers Association;
(iii) Mississippi Retail Association;
(iv) Mississippi Petroleum Marketers and Convenience Stores Association;
(v) Mississippi Minority Contractors Association;
(vi) Mississippi Economic Council;
(vii) Mississippi Farm Bureau Federation; and
(viii) Any local chamber of commerce; and/or
(b) Small business owners or operators not affiliated with or nominated by the business organizations listed in paragraph (a) of this subsection.
(6) Appointments to the committee shall be representative of a variety of small businesses in this state. Except as otherwise provided in this section, appointed members shall be either current or former owners or principal officers of a small business.
(7) The initial appointments to the committee shall be made within sixty (60) days from July 1, 2012. The Mississippi Development Authority shall provide the name and address of each appointee to the Governor, Lieutenant Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives and the Secretary of State.
(8)
(a) Members initially appointed to the committee shall serve for terms ending December 31, 2014. Thereafter, appointed members shall serve two-year terms that expire on December 31 of the second year.
(b) The Governor shall appoint the initial chair of the committee from the appointed members for a term ending December 31, 2014. Subsequent chairs of the committee shall be elected by the committee from the appointed members for two-year terms that expire on December 31 of the second year.
(9) Members of the committee shall not receive any compensation.
(10) The committee shall meet as determined by the chair of the committee.
(11) A majority of the voting members of the committee shall constitute a quorum to do business. The concurrence of a majority of the members of the committee present and voting shall be necessary to make any action of the committee valid.

Miss. Code § 25-43-4.103

Laws, 2012, ch. 454, § 3, eff. 7/1/2012.
Reenacted and amended by Laws, 2016, ch. 411, HB 819, 3, eff. 7/1/2016.