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Title XXXVI STATUTORY ACTIONS AND TORTS

  Chapter 536back to chapter 536

  536.305.  Small business regulatory fairness board established, members, terms, expenses, meetings — rulemaking authority. — 1.  There is hereby established the "Small Business Regulatory Fairness Board".  The department of economic development shall provide staff support for the board.

  2.  The board shall be composed of nine members appointed in the following manner:

  (1)  One member who is the chair of the minority business advocacy commission;

  (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 of representatives;

  (5)  One member appointed by the minority leader of the house of representatives; and

  (6)  Four members appointed by the governor.

  3.  Each member of the board, except for the public members and the chair of the minority business advocacy commission, shall be a current or former owner or officer of a small business.  All members of the board shall represent a variety of small businesses, both rural and urban, and be from a variety of geographical areas of this state, provided that no more than two members shall represent the same type of small business.

  4.  Members of the board shall serve a term of three years and may be reappointed at the conclusion of the term.  No member shall serve more than three consecutive terms.  Appointments shall be made so that one-third of the membership of the board shall terminate each year.  The governor shall appoint the initial chairperson of the board and a majority of the board shall elect subsequent chairpersons.  The chairperson shall serve as chair for a term of not more than two years.

  5.  Members of the board shall serve without compensation, but may be reimbursed for reasonable and necessary expenses relating to their performance of duties, according to the rules and regulations of travel issued by the office of administration.  Members will be required to submit an expense account form in order to obtain reimbursement for expenses incurred.

  6.  The board shall meet as often as necessary, as determined by the chairperson of the board.  All meetings of the board will be conducted in accordance with the governmental bodies and records act, chapter 610, including closed sessions.  Notice will be posted and will be provided to the joint committee on administrative rules.  Minutes of the meetings shall be provided to all members, the office of the governor, and the joint committee on administrative rules.

  7.  In addition to any other powers provided by sections 536.300 to 536.328, the board may adopt any rules necessary to implement sections 536.300 to 536.328 and take any action necessary to effectuate the purposes of sections 536.300 to 536.328.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and 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 any of the powers vested with the general assembly pursuant to this chapter to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2005, shall be invalid and void.

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(L. 2004 H.B. 978, A.L. 2005 H.B. 576)


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