Bill Text: MS SB2525 | 2020 | Regular Session | Introduced


Bill Title: Rulemaking procedures; require state agencies to solicit public comment and maintain subject matter docket of proposed rules.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2020-03-03 - Died In Committee [SB2525 Detail]

Download: Mississippi-2020-SB2525-Introduced.html

MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Judiciary, Division A

By: Senator(s) Seymour

Senate Bill 2525

AN ACT TO AMEND SECTIONS 25-43-3.101 AND 25-43-3.102, MISSISSIPPI CODE OF 1972, TO REQUIRE ANY AGENCY TO SOLICIT PUBLIC COMMENT ON ANY PROPOSED RULE ADOPTION AND REQUIRE EACH AGENCY TO MAINTAIN A PUBLIC RULEMAKING DOCKET BY SUBJECT AREA; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 25-43-3.101, Mississippi Code of 1972, is amended as follows:

     25-43-3.101.  (1)  In addition to seeking information by other methods, an agency, before filing of a notice of proposed rule adoption under Section 25-43-3.103, * * *may shall solicit comments from the public on a subject matter of possible rulemaking under active consideration within the agency by causing notice to be filed with the Secretary of State for publication in the administrative bulletin of the subject matter and indicating where, when and how persons may comment.

     (2)  Each agency may also appoint committees of nonagency personnel or other members of the public to comment, before filing of a notice of proposed rule adoption under Section 25-43-3.103, on the subject matter of a possible rulemaking under active consideration within the agency.  The membership of those committees must be filed with the Secretary of State for publication in the administrative bulletin.

     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 shall 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)  A citation to all published notices relating to the proceeding;

          (c)  Where written submissions or written requests for an opportunity to make oral presentations on the proposed rule may be inspected;

          (d)  The time during which written submissions may be made;

          (e)  If applicable, where and when oral presentations may be made;    

          (f)  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;

          (g)  The current status of the proposed rule;

          (h)  The date of the rule's adoption; and

          (i)  When the rule will become effective.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2020.


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