536.305. Small business regulatory fairness board established, members, terms, expenses, meetings--rulemaking authority.
Small business regulatory fairness board established, members,terms, expenses, meetings--rulemaking authority.
536.305. 1. There is hereby established the "Small BusinessRegulatory Fairness Board". The department of economic development shallprovide staff support for the board.
2. The board shall be composed of nine members appointed in thefollowing manner:
(1) One member who is the chair of the minority business advocacycommission;
(2) One member appointed by the president pro tempore of the senate;
(3) One member appointed by the minority leader of the senate;
(4) One member appointed by the speaker of the house ofrepresentatives;
(5) One member appointed by the minority leader of the house ofrepresentatives; and
(6) Four members appointed by the governor.
3. Each member of the board, except for the public members and thechair of the minority business advocacy commission, shall be a current orformer owner or officer of a small business. All members of the boardshall represent a variety of small businesses, both rural and urban, and befrom a variety of geographical areas of this state, provided that no morethan two members shall represent the same type of small business.
4. Members of the board shall serve a term of three years and may bereappointed at the conclusion of the term. No member shall serve more thanthree consecutive terms. Appointments shall be made so that one-third ofthe membership of the board shall terminate each year. The governor shallappoint the initial chairperson of the board and a majority of the boardshall elect subsequent chairpersons. The chairperson shall serve as chairfor a term of not more than two years.
5. Members of the board shall serve without compensation, but may bereimbursed for reasonable and necessary expenses relating to theirperformance of duties, according to the rules and regulations of travelissued by the office of administration. Members will be required to submitan expense account form in order to obtain reimbursement for expensesincurred.
6. The board shall meet as often as necessary, as determined by thechairperson of the board. All meetings of the board will be conducted inaccordance with the governmental bodies and records act, chapter 610, RSMo,including closed sessions. Notice will be posted and will be provided tothe joint committee on administrative rules. Minutes of the meetings shallbe provided to all members, the office of the governor, and the jointcommittee on administrative rules.
7. In addition to any other powers provided by sections 536.300 to536.328, the board may adopt any rules necessary to implement sections536.300 to 536.328 and take any action necessary to effectuate the purposesof sections 536.300 to 536.328. Any rule or portion of a rule, as thatterm is defined in section 536.010, that is created under the authoritydelegated in this section shall become effective only if it complies withand is subject to all of the provisions of this chapter and, if applicable,section 536.028. This section and this chapter are nonseverable and if anyof the powers vested with the general assembly pursuant to this chapter toreview, to delay the effective date, or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authorityand any rule proposed or adopted after August 28, 2005, shall be invalidand void.
(L. 2004 H.B. 978, A.L. 2005 H.B. 576)