Bill Text: MS SB2773 | 2016 | Regular Session | Introduced
Bill Title: Administrative Procedures Act; prohibit blatant business interference.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2016-02-23 - Died In Committee [SB2773 Detail]
Download: Mississippi-2016-SB2773-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Accountability, Efficiency, Transparency
By: Senator(s) Seymour
Senate Bill 2773
AN ACT TO AMEND SECTION 25-43-1.103, MISSISSIPPI CODE OF 1972, TO CLARIFY THE ABILITY OF A STATE OR LOCAL AGENCY TO IMPINGE ON A PERSON'S OR BUSINESS'S FREE EXERCISE OF PROPERTY RIGHTS AND CONDUCT OF A LAWFUL BUSINESS ENTERPRISE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-43-1.103, Mississippi Code of 1972, is amended as follows:
25-43-1.103. (1) This chapter applies to all agencies and all proceedings not expressly exempted under this chapter.
(2) This chapter creates only procedural rights and imposes only procedural duties. They are in addition to those created and imposed by other statutes.
(3) Specific statutory provisions which govern agency proceedings and which are in conflict with any of the provisions of this chapter shall continue to be applied to all proceedings of any such agency to the extent of such conflict only.
(4) Except as provided in subsection (6) of this section, the provisions of this chapter shall not be construed to amend, repeal or supersede the provisions of any other law; and, to the extent that the provisions of any other law conflict or are inconsistent with the provisions of this chapter, the provisions of such other law shall govern and control.
(5) An agency may grant procedural rights to persons in addition to those conferred by this chapter so long as rights conferred upon other persons by any provision of law are not substantially prejudiced.
(6) (a) Notwithstanding anything to the contrary in any other statute, on and after July 1, 2016, an agency shall not engage in rulemaking for the promulgation of any new rule that would increase existing regulatory restraints or burdens on the free exercise of property rights or the freedom to engage in an otherwise lawful business or occupation unless the new rule is a component of a comprehensive effort to reduce overall regulatory restraints or burdens or if the rule would be strictly ministerial in implementing legislative standards that manifest a clear legislative determination of all relevant public policies.
(b) Anyone subject to civil or criminal proceedings arising from an agency's enforcement of a rule that has been promulgated on or after July 1, 2016, in violation of this subsection (6), shall have a complete defense to any enforcement action. Any court or adjudicatory body considering or reviewing this defense shall rule on its merits without deference to any legislative, administrative or executive finding concerning the rule. An individual or business that prevails in advancing this defense shall be entitled to reimbursement of all incurred legal costs, expenses and attorney's fees from the prosecuting agency.
SECTION 2. This act shall take effect and be in force from and after July 1, 2016.
