Bill Text: MS HB1183 | 2025 | Regular Session | Introduced
Bill Title: Administrative Procedures Act; revise to require repeal of certain agency rules after certain time.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-20 - Referred To Accountability, Efficiency, Transparency [HB1183 Detail]
Download: Mississippi-2025-HB1183-Introduced.html
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Accountability, Efficiency, Transparency
By: Representative Powell
House Bill 1183
AN ACT TO AMEND SECTION 25-43-3.114, MISSISSIPPI CODE OF 1972, TO PROVIDE AN EXPIRATION DATE FOR ALL AGENCY RULES THAT HAVE A SIGNIFICANT ECONOMIC IMPACT; TO DEFINE SIGNIFICANT ECONOMIC IMPACT; TO AMEND SECTION 25-43-3.103, MISSISSIPPI CODE OF 1972, TO CONFORM; TO BRING FORWARD SECTION 25-43-3.105, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-43-3.114, Mississippi Code of 1972, is amended as follows:
25-43-3.114. (1) At least every five (5) years, each agency shall review all of its rules to determine whether any rule should be repealed, amended or a new rule adopted.
(2) (a) All rules with a significant economic impact adopted by an agency before July 1, 2025, shall expire on July 1, 2030.
(b) Every rule with a significant economic impact adopted by an agency on or after July 1, 2025, shall expire within five (5) years of the effective date.
(c) This subsection does not apply to a temporary rule adopted pursuant to Section 25-43-3.108. This subsection does not apply to any rule subject to review by the Occupational Licensing Review Commission.
(d) For purposes of this subsection, a rule with a "significant economic impact" means any rule for which the total aggregate cost to all persons required to comply with that rule exceeds One Million Dollars ($1,000,000.00) annually, as determined using a cost benefit analysis developed and required by the Office of the Secretary of State. This analysis must be filed by the agency upon filing the notice of proposed rule adoption under Section 25-43-3.103.
(e) The provisions of this subsection shall supersede any other provision of law to the contrary.
(2) At least every three (3) years, each board subject to supervision by the Occupational Licensing Review Commission shall review all of its rules to determine whether any rule should be repealed, amended or a new rule adopted, and shall submit a report of the review to the Occupational Licensing Review Commission.
SECTION 2. Section 25-43-3.103, Mississippi Code of 1972, is amended as follows:
25-43-3.103. (1) At least twenty-five (25) days before the adoption of a rule an agency shall cause notice of its contemplated action to be properly filed with the Secretary of State for publication in the administrative bulletin. The notice of proposed rule adoption must include:
(a) A short explanation of the purpose of the proposed rule and the agency's reasons for proposing the rule;
(b) The specific legal authority authorizing the promulgation of rules;
(c) A reference to all rules repealed, amended or suspended by the proposed rule;
(d) Subject to Section 25-43-2.101(5), the text of the proposed rule;
(e) Where, when and
how persons may present their views on the proposed rule; * * *
(f) Where, when and
how persons may demand an oral proceeding on the proposed rule if the notice
does not already provide for one * * *;
(g) The significant economic impact analysis required in Section 25-43-3.114.
(2) Within three (3) days after its proper filing with the Secretary of State for publication in the administrative bulletin, the agency shall cause a copy of the notice of proposed rule adoption to be provided to each person who has made a timely request to the agency to be placed on the mailing list maintained by the agency of persons who have requested notices of proposed rule adoptions. An agency may mail the copy to the person and may charge the person a reasonable fee for such service, which fee may be in excess of the actual cost of providing the person with a mailed copy. Alternatively, the agency may provide the copy via the Internet or by transmitting it to the person by electronic means, including, but not limited to, facsimile transfer or e-mail at no charge to the person, if the person consents to this form of delivery.
SECTION 3. Section 25-43-3.105, Mississippi Code of 1972, is brought forward as follows:
25-43-3.105. (1) Prior to giving the notice required in Section 25-43-3.103, each agency proposing the adoption of a rule or significant amendment of an existing rule imposing a duty, responsibility or requirement on any person shall consider the economic impact the rule will have on the citizens of our state and the benefits the rule will cause to accrue to those citizens. For purposes of this section, a "significant amendment" means any amendment to a rule for which the total aggregate cost to all persons required to comply with that rule exceeds One Hundred Thousand Dollars ($100,000.00).
(2) Each agency shall prepare a written report providing an economic impact statement for the adoption of a rule or significant amendment to an existing rule imposing a duty, responsibility or requirement on any person, except as provided in subsection (7) of this section. The economic impact statement shall include the following:
(a) A description of the need for and the benefits which will likely accrue as the result of the proposed action;
(b) An estimate of the cost to the agency, and to any other state or local government entities, of implementing and enforcing the proposed action, including the estimated amount of paperwork, and any anticipated effect on state or local revenues;
(c) An estimate of the cost or economic benefit to all persons directly affected by the proposed action;
(d) An analysis of the impact of the proposed rule on small business;
(e) A comparison of the costs and benefits of the proposed rule to the probable costs and benefits of not adopting the proposed rule or significantly amending an existing rule;
(f) A determination of whether less costly methods or less intrusive methods exist for achieving the purpose of the proposed rule where reasonable alternative methods exist which are not precluded by law;
(g) A description of reasonable alternative methods, where applicable, for achieving the purpose of the proposed action which were considered by the agency and a statement of reasons for rejecting those alternatives in favor of the proposed rule; and
(h) A detailed statement of the data and methodology used in making estimates required by this subsection.
(3) No rule or regulation shall be declared invalid based on a challenge to the economic impact statement for the rule unless the issue is raised in the agency proceeding. No person shall have standing to challenge a rule, based upon the economic impact statement or lack thereof, unless that person provided the agency with information sufficient to make the agency aware of specific concerns regarding the statement in an oral proceeding or in written comments regarding the rule. The grounds for invalidation of an agency action, based upon the economic impact statement, are limited to the agency's failure to adhere to the procedure for preparation of the economic impact statement as provided in this section, or the agency's failure to consider information submitted to the agency regarding specific concerns about the statement, if that failure substantially impairs the fairness of the rule-making proceeding.
(4) A concise summary of the economic impact statement must be properly filed with the Secretary of State for publication in the administrative bulletin and the period during which persons may make written submissions on the proposed rule shall not expire until at least twenty (20) days after the date of such proper filing.
(5) The properly filed summary of the economic impact statement must also indicate where persons may obtain copies of the full text of the economic impact statement and where, when and how persons may present their views on the proposed rule and demand an oral proceeding on the proposed rule if one is not already provided.
(6) If the agency has made a good-faith effort to comply with the requirements of subsections (1) and (2) of this section, the rule may not be invalidated on the ground that the contents of the economic impact statement are insufficient or inaccurate.
(7) This section does not apply to the adoption of:
(a) Any rule which is required by the federal government pursuant to a state/federal program delegation agreement or contract;
(b) Any rule which is expressly required by state law; and
(c) A temporary rule adopted pursuant to Section 25-43-3.108.
SECTION 4. This act shall take effect and be in force from and after July 1, 2025.
