Bill Text: MS HB401 | 2025 | Regular Session | Introduced
Bill Title: State agencies; require simultaneous repeal of two existing rules whenever proposed new rule takes effect.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-10 - Referred To Accountability, Efficiency, Transparency [HB401 Detail]
Download: Mississippi-2025-HB401-Introduced.html
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Accountability, Efficiency, Transparency
By: Representative Ladner
House Bill 401
AN ACT TO CREATE NEW SECTION 25-43-3.100, MISSISSIPPI CODE OF 1972, TO REQUIRE A STATE AGENCY PROPOSING TO ADOPT A NEW RULE TO IDENTIFY AT LEAST TWO EXISTING RULES THAT WILL BE REPEALED SIMULTANEOUSLY WITH THE NEW RULE BECOMING EFFECTIVE; TO AMEND SECTION 25-43-3.102, MISSISSIPPI CODE OF 1972, TO REQUIRE AN AGENCY'S RULE-MAKING DOCKET TO INCLUDE THOSE RULES TO BE REPEALED WITH THE ADOPTION OF A PROPOSED RULE; TO AMEND SECTION 25-43-3.103, MISSISSIPPI CODE OF 1972, TO REQUIRE AN AGENCY TO INCLUDE THOSE RULES TO BE REPEALED IN ITS NOTICE OF PROPOSED RULE ADOPTION FILED WITH THE SECRETARY OF STATE FOR PUBLICATION IN THE ADMINISTRATIVE BULLETIN; TO AMEND SECTION 25-43-3.105, MISSISSIPPI CODE OF 1972, TO REQUIRE AN AGENCY'S ECONOMIC IMPACT STATEMENT RELATING TO A PROPOSED RULE ADOPTION TO INCLUDE AN ESTIMATE OF ANY OFFSET IN COSTS ASSOCIATED WITH IMPLEMENTING THE NEW RULE WHICH WILL BE ACHIEVED BY THE ELIMINATION OF THOSE RULES IDENTIFIED FOR REPEAL; TO AMEND SECTION 25-43-3.110, MISSISSIPPI CODE OF 1972, TO REQUIRE AN AGENCY TO INCLUDE IN ITS RULE-MAKING RECORD THOSE RULES TO BE REPEALED WITH THE ADOPTION OF A PROPOSED RULE; TO AMEND SECTIONS 25-43-3.113 AND 25-43-4.104, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 25-43-3.100, Mississippi Code of 1972:
25-43-3.100. Unless otherwise prohibited by law, whenever an agency proposes the adoption of a rule, the agency simultaneously must identify at least two (2) existing rules to be repealed on the effective date of the new rule.
SECTION 2. Section 25-43-3.102, Mississippi Code of 1972, is amended as follows:
25-43-3.102. (1) Each agency shall maintain a current, public rule-making docket.
(2) The rule-making docket may, but need not, contain a listing of the subject matter of possible rules currently under active consideration within the agency for proposal under Section 25-43-3.103 and the name and address of agency personnel with whom persons may communicate with respect to the matter.
(3) The rule-making docket must list each pending rule-making proceeding. A rule-making proceeding is pending from the time it is commenced, by proper filing with the Secretary of State of a notice of proposed rule adoption, to the time it is terminated by the filing with the Secretary of State of a notice of termination or the rule becoming effective. For each pending rule-making proceeding, the docket must indicate:
(a) The subject matter of the proposed rule;
(b) Citations to, and the text of, two (2) or more existing rules to be repealed on the date that the proposed rule becomes effective;
( * * *c) A citation to all published notices
relating to the proceeding;
( * * *d) Where written submissions or
written requests for an opportunity to make oral presentations on the proposed
rule or repeal of existing rules, or both, may be inspected;
( * * *e) The time during which written
submissions may be made;
( * * *f) If applicable, where and when oral
presentations may be made;
( * * *g) Where any economic impact statement
and written requests for the issuance of and other information concerning an
economic impact statement of the proposed rule may be inspected;
( * * *h) The current status of the proposed
rule;
( * * *i) The date of the rule's adoption;
and
( * * *j) * * * The date on which the rule will
become effective.
SECTION 3. 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, including the two (2) or more rules to be repealed on the date the proposed rule becomes effective, as required under Section 25-43-3.100, and other rules 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 or repeal of existing rules, or both; and
(f) Where, when and how persons may demand an oral proceeding on the proposed rule or repeal of existing rules, or both, if the notice does not already provide for one.
(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 4. Section 25-43-3.105, Mississippi Code of 1972, is amended 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 amount that those costs determined under paragraph (b) of this subsection will be offset by the elimination of the two (2) or more existing rules identified for repeal pursuant to Section 25-43-3.100;
( * * *d) An estimate of the cost or economic
benefit to all persons directly affected by the proposed action;
( * * *e) An analysis of the impact of the
proposed rule on small business;
( * * *f) 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;
( * * *g) 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;
( * * *h) 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
( * * *i) 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 5. Section 25-43-3.110, Mississippi Code of 1972, is amended as follows:
25-43-3.110. (1) An agency shall maintain an official rule-making record for each rule it (a) proposes or (b) adopts. The agency has the exclusive authority to prepare and exclusive authority to certify the record or any part thereof, including, but not limited to, any transcript of the proceedings, and the agency's certificate shall be accepted by the court and by any other agency. The record must be available for public inspection.
(2) The agency rule-making record must contain:
(a) Copies of all notices of proposed rule-making or oral proceedings or other publications in the administrative bulletin with respect to the rule or the proceeding upon which the rule is based;
(b) Copies of any portions of the agency's public rule-making docket containing entries relating to the rule or the proceeding upon which the rule is based;
(c) All written requests, submissions and comments received by the agency and all other written materials considered by the agency in connection with the formulation, proposal or adoption of the rule or the proceeding upon which the rule is based;
(d) Any official transcript of oral presentations made in the proceeding upon which the rule is based or, if not transcribed, any tape recording or stenographic record of those presentations, and any memorandum prepared by a presiding official summarizing the contents of those presentations. The word "transcript" includes a written transcript, a printed transcript, an audible audiotape or videotape that is indexed and annotated so that it is readily accessible and any other means that the agency may have by rule provided for the reliable and accessible preservation of the proceeding;
(e) A copy of any
economic impact statement prepared for the proceeding upon which the rule is
based; * * *
(f) A copy of the rule
and related information set out in Section 25-43-3.109 as filed in the Office
of the Secretary of State * * *.; and
(g) A copy of the two (2) or more existing rules identified for repeal pursuant to Section 25-43-3.100.
(3) The agency shall have authority to engage such persons and acquire such equipment as may be reasonably necessary to record and preserve in any technically and practicably feasible manner all matters and all proceedings had at any rule-making proceeding.
(4) Upon judicial review, the record required by this section constitutes the official agency rule-making record with respect to a rule. Except as otherwise required by a provision of law, the agency rule-making record need not constitute the exclusive basis for agency action on that rule or for judicial review thereof.
SECTION 6. Section 25-43-3.113, Mississippi Code of 1972, is amended as follows:
25-43-3.113. (1) Except to the extent subsection (2) or (3) of this section provides otherwise, each rule adopted after July 1, 2005, and the corresponding repeal of two (2) or more existing rules, as required under Section 25-43-3.100, becomes effective thirty (30) days after its proper filing in the Office of the Secretary of State.
(2) (a) A rule becomes effective on a date later than that established by subsection (1) of this section if a later date is required by another statute or specified in the rule.
(b) A rule may become effective immediately upon its filing or on any subsequent date earlier than that established by subsection (1) of this section if the agency establishes such an effective date and finds that:
(i) It is required by Constitution, statute or court order;
(ii) The rule only confers a benefit or removes a restriction on the public or some segment thereof;
(iii) The rule only delays the effective date of another rule that is not yet effective; or
(iv) The earlier effective date is necessary because of imminent peril to the public health, safety or welfare.
(c) The finding and a brief statement of the reasons therefor required by paragraph (b) of this subsection must be made a part of the rule. In any action contesting the effective date of a rule made effective under paragraph (b) of this subsection, the burden is on the agency to justify its finding.
(d) A temporary rule may become effective immediately upon its filing or on any subsequent date earlier than that established by subsection (1) of this section.
(e) Each agency shall make a reasonable effort to make known to persons who may be affected by it a rule made effective before any date established by subsection (1) of this section.
(3) This section does not relieve an agency from compliance with any provision of law requiring that some or all of its rules be approved by other designated officials or bodies before they become effective.
SECTION 7. Section 25-43-4.104, Mississippi Code of 1972, is amended as follows:
25-43-4.104. (1) Prior to
submitting proposed permanent rules for adoption, amendment, revision or
revocation pursuant to the Mississippi Administrative Procedures Law, the
agency shall comply with Section 25-43-3.105(2)( * * *e) in order to determine whether the
proposed rules affect small business by preparing an economic impact statement
that includes the following:
(a) An identification and estimate of the number of small businesses subject to the proposed regulation;
(b) The projected reporting, recordkeeping and other administrative costs required for compliance with the proposed regulation, including the type of professional skills necessary for preparation of the report or record;
(c) A statement of the probable effect on impacted small businesses;
(d) A description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation, including the following regulatory flexibility analysis:
(i) The establishment of less stringent compliance or reporting requirements for small businesses;
(ii) The establishment of less stringent schedules or deadlines for compliance or reporting requirements for small businesses;
(iii) The consolidation or simplification of compliance or reporting requirements for small businesses;
(iv) The establishment of performance standards for small businesses to replace design or operational standards required in the proposed regulation; and
(v) The exemption of some or all small businesses from all or any part of the requirements contained in the proposed regulations.
(2) If the economic impact statement reflects that a proposed rule may have an economic effect upon small business, the agency shall submit a copy of the proposed rules and the economic impact statement to the committee for its review and comment pursuant to the review and comment provisions of the Mississippi Administrative Procedures Law. During the committee review process, the director or the director's designee of the promulgating agency shall be available at the request of the committee for comment on the proposed regulation.
(3) Within the review and comment period, if the committee determines that the proposed rules may have an economic effect upon small business, the committee may submit to the agency its comments concerning the proposed regulation including its specific recommendations.
(4) A small business that is affected or aggrieved by final agency action to enforce a rule or regulation is entitled to review of agency compliance with the requirements of this act.
(5) To ensure that any final rule continues to minimize economic impact on small businesses in a manner consistent with the stated objectives of applicable statutes, each agency shall, during any periodic review required by this chapter, consider the following factors:
(a) The continued need for the rule;
(b) The nature of complaints or comments received concerning the rule from the public;
(c) The complexity of the rule;
(d) The extent to which the rule overlaps, duplicates, or conflicts with other federal, state and local governmental law or rules; and
(e) The length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule.
(6) If an agency's economic impact statement reflects that a proposed rule will have no economic impact upon a small business, or if an agency fails to file an economic impact statement and the committee otherwise determines that the agency's proposed rule will have an economic impact, then the committee may file its own economic impact statement for the agency's proposed rule with the Secretary of State and notify the appropriate agency that the economic impact statement was filed. When the committee files its economic impact statement, if an agency has not completed the regulatory process that is required for the applicable proposed rule to become final, the committee shall have an additional sixty (60) days from the date of filing its economic impact statement with the Secretary of State to submit its comments concerning the proposed regulation and any specific recommendations to the agency, for its consideration. During the additional sixty (60) days' committee review process, the director of the promulgating agency, or his or her designee, shall be available at the request of the committee to comment on the proposed regulation.
SECTION 8. This act shall take effect and be in force from and after July 1, 2025.
