Bill Text: MS HB1264 | 2017 | Regular Session | Introduced

Mississippi House Bill 1264 (Prior Session Legislation)

Introduced

Bill Title: Administrative Procedures Act; agencies must readopt all rules adopted per federal guidance or agreement.

Sponsorship: Partisan Bill (Republican 4)

Status: (Failed) 2017-01-31 - Died In Committee [HB1264 Detail]

Download: Mississippi-2017-HB1264-Introduced.html

MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Accountability, Efficiency, Transparency

By: Representatives Brown, Boyd, Criswell, Hopkins

House Bill 1264

AN ACT TO AMEND SECTION 25-43-3.114, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT ALL RULES AND REGULATORY POLICIES THAT HAVE BEEN ADOPTED BY A STATE AGENCY AS A RESULT OF FEDERAL AGENCY GUIDANCE DOCUMENTS, FEDERAL INTERPRETATION LETTERS OR ANY OTHER FEDERAL GUIDANCE OR AGREEMENT, AND NOT ALSO ADOPTED USING THE NOTICE AND COMMENT REQUIREMENTS STIPULATED BY THE FEDERAL ADMINISTRATIVE PROCEDURES ACT WILL EXPIRE AS OF DECEMBER 31, 2017, UNLESS THE RULE HAS BEEN READOPTED, AT LEAST 60 DAYS BEFORE ITS SCHEDULED REPEAL, USING THE RULE-MAKING PROCESS FOR THE FORMULATION AND ADOPTION OF A RULE AS PROVIDED IN THE MISSISSIPPI ADMINISTRATIVE PROCEDURES ACT; 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. Review by agency.

At least every five (5) years, each agency shall review all of its rules to determine whether any rule should be repealed, amended or a new rule adopted. All rules and regulatory policies that have been adopted as a result of federal agency guidance documents, federal interpretation letters or any other federal guidance or agreement, and not also adopted using the notice and comment requirements stipulated by the federal Administrative Procedures Act (5 USC Section 500 et seq.), shall expire as of December 31, 2017, unless the rule has been readopted, at least sixty (60) days before its scheduled repeal, using the rule-making process for the formulation and adoption of a rule as provided in this chapter. Not later than thirty (30) days after the effective date of this act, each agency shall provide the chairs of the appropriate standing committees of the Legislature with a list and summary of each rule that is scheduled to expire.
SECTION 2. This act shall take effect and be in force from and after its passage.