MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Ways and Means

By: Representative Smith (39th)

House Bill 806

AN ACT TO CREATE THE MISSISSIPPI ADMINISTRATIVE LAW PROCEDURES ACT; TO DEFINE CERTAIN TERMS; TO REQUIRE CERTAIN INFORMATION TO BE MADE AVAILABLE TO THE PUBLIC; TO AUTHORIZE THE CHARGING OF FEES; TO PROVIDE PROCEDURES FOR OBTAINING RECORDS; TO AUTHORIZE AGENCIES TO PROMULGATE RULES AND REGULATIONS; TO PROVIDE POWERS AND DUTIES OF AGENCIES RELATIVE TO THE PROMULGATION OF RULES AND REGULATIONS; TO REQUIRE REPORTING OF PROPOSED RULES TO THE LEGISLATURE; TO REQUIRE REPORTS BY THE LEGISLATURE; TO ADDRESS DISCLOSURE AND ACCESS TO RECORDS; TO REQUIRE PUBLICATION REGARDING RULES AND REGULATIONS PROMULGATED UNDER THIS ACT; TO PROVIDE CIVIL REMEDIES; TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THIS ACT; TO PROVIDE RULES FOR CONDUCTING AGENCY BUSINESS; TO PROVIDE JURISDICTION FOR ACTIONS AND PROCEEDINGS UNDER THIS ACT; TO REQUIRE AGENCIES TO MAKE CERTAIN ANNUAL REPORTS TO THE LEGISLATURE; TO ALLOW INTERESTED PERSONS AN OPPORTUNITY TO PARTICIPATE IN RULEMAKING; TO PROVIDE FOR AGENCY HEARINGS; TO COMPEL ATTENDANCE; TO PROVIDE FOR THE TAKING OF EVIDENCE; TO PROVIDE FOR THE POWERS AND DUTIES OF JUDGES AT HEARINGS; TO AUTHORIZE A CAUSE OF ACTION FOR AGGRIEVED PARTIES; TO PROVIDE FOR JUDICIAL REVIEW; TO PROVIDE THE DUTIES AND POWERS OF REVIEWING COURTS; TO AUTHORIZE THE LEGISLATURE TO ACCEPT OR DISAPPROVE OF RULES; TO REPEAL SECTIONS 25-43-1.101 THROUGH 25-43-3.114, MISSISSIPPI CODE OF 1972, WHICH CREATE THE MISSISSIPPI ADMINISTRATIVE PROCEDURES LAW; AND FOR RELATED PURPOSES.

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

            SECTION 1.  For the purpose of this act:

          (1)  "Agency" means each authority of the Government of the State of Mississippi, whether or not it is within or subject to review by another agency, but does not include:

              (A)  The Legislature;

          (B)  The courts of the State of Mississippi;

          (C)  The governments of the political subdivisions of the State of Mississippi;

          (D)  The Mississippi National Guard; or

          (E)  Military authority exercised in the field in time of war or in occupied territory.

          (2)  "Person" includes an individual, partnership, corporation, association, or public or private organization other than an agency.

          (3)  "Party" includes a person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in an agency proceeding, and a person or agency admitted by an agency as a party for limited purposes.

          (4)  "Rule" means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure or practice requirements of an agency and includes the approval or prescription for the future of rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor or of valuations, costs, or accounting, or practices bearing on any of the foregoing.

          (5)  "Rule making" means agency process for formulating, amending, or repealing a rule.

          (6)  "Order" means the whole or a part of a final disposition, whether affirmative, negative, injunctive, or declaratory in form, of an agency in a matter other than rule making but including licensing.

          (7)  "Adjudication" means agency process for the formulation of an order.

          (8)  "License" includes the whole or a part of an agency permit, certificate, approval, registration, charter, membership, statutory exemption or other form of permission.

          (9)  "Licensing" includes agency process respecting the grant, renewal, denial, revocation, suspension, annulment, withdrawal, limitation, amendment, modification, or conditioning of a license.

          (10)  "Sanction" includes the whole or a part of an agency, including but not limited to:

          (A)  Prohibition, requirement, limitation, or other condition affecting the freedom of a person;

          (B)  Withholding of relief;

          (C)  Imposition of penalty or fine;

          (D)  Destruction, taking, seizure, or withholding of property;

              (E)  Assessment of damages, reimbursement, restitution, compensation, costs, charges, or fees;

          (F)  Requirement, revocation, or suspension of a license; or

          (G)  Taking other compulsory or restrictive action.

          (11)  "Relief" includes the whole or a part of an agency, including, but not limited to:

              (A)  Grant of money, assistance, license, authority, exemption, exception, privilege, or remedy;

          (B) Recognition of a claim, right, immunity, privilege, exemption, or exception; or

          (C) Taking of other action on the application or petition of, and beneficial to, a person.

          (12)  "Agency proceeding" means any agency process.

          (13)  "Agency action" includes the whole or a part of an agency rule, order, license, sanction, relief, or the equivalent or denial thereof, or failure to act.

          (14)  "Ex parte communication" means an oral or written communication not on the public record with respect to which reasonable prior notice to all parties is not given, but it shall not include requests for status reports on any matter or proceeding covered by this act.

     SECTION 2.  (a)  Each agency shall make available to the public information as follows:

          (1)  Each agency shall separately state and currently publish with the Secretary of State Register for the guidance of the public:

              (A)  Descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions;

               (B)  Statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;

              (C)  Rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;

              (D)  Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and

              (E)  Each amendment, revision, or repeal of the foregoing.

     Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published and not so published.

          (2)  Each agency, in accordance with published rules, shall make available for public inspection and copying:

              (A)  Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;

              (B)  Those statements of policy and interpretations which have been adopted by the agency and are not published;

              (C)  Administrative staff manuals and instructions to staff that affect a member of the public;

              (D)  Copies of all records, regardless of form or format, which have been released to any person under paragraph (3) and which, because of the nature of their subject matter, the agency determines have become or are likely to become the subject of subsequent requests for substantially the same records; and

              (E)  A general index of the records referred to under subparagraph (D); unless the materials are promptly published and copies offered for sale.  For records created on or after January 1, 2014, within one (1) year after such date, each agency shall make such records available, including by computer telecommunications or, if computer telecommunications means have not been established by the agency, by other electronic means.  To the extent required to prevent a clearly unwarranted invasion of personal privacy, an agency may delete identifying details when it makes available or publishes an opinion, statement of policy, interpretation, staff manual, instruction, or copies of records referred to in subparagraph (D).  However, in each case the justification for the deletion shall be explained fully in writing, and the extent of such deletion shall be indicated on the portion of the record which is made available or published, unless including that indication would harm an interest protected by the exemption in subsection (b) under which the deletion is made.  If technically feasible, the extent of the deletion shall be indicated at the place in the record where the deletion was made. Each agency shall also maintain and make available for public inspection and copying current indexes providing identifying information for the public as to any matter issued, adopted, or  promulgated after July 1, 2013, and required by this paragraph to be made available or published.  Each agency shall promptly publish, quarterly or more frequently, and distribute (by sale or otherwise) copies of each index or supplements thereto unless it determines by order published that the publication would be unnecessary and impracticable, in which case the agency shall nonetheless provide copies of such index on request at a cost not to exceed the direct cost of duplication.  Each agency shall make the index referred to in subparagraph (E) available by computer telecommunications by December 31, 2013.  A final order, opinion, statement of policy, interpretation, or staff manual or instruction that affects a member of the public may be relied on, used, or cited as precedent by an agency against a party other than an agency only if:

                   (i)  It has been indexed and either made available or published as provided by this paragraph; or

                   (ii)  The party has actual and timely notice of the terms thereof.

          (3)  (A)  Except with respect to the records made available under paragraphs (1) and (2) of this subsection, and except as provided in subparagraph (E), each agency, upon any request for records which (i) reasonably describes such records and (ii) is made in accordance with published rules stating the time, place, fees (if any), and procedures to be followed, shall make the records promptly available to any person.

              (B)  In making any record available to a person under this paragraph, an agency shall provide the record in any form or format requested by the person if the record is readily reproducible by the agency in that form or format.  Each agency shall make reasonable efforts to maintain its records in forms or formats that are reproducible for purposes of this section.

              (C)  In responding under this paragraph to a request for records, an agency shall make reasonable efforts to search for the records in electronic form or format, except when such efforts would significantly interfere with the operation of the agency's automated information system.

              (D)  For purposes of this paragraph, the term "search" means to review, manually or by automated means, agency records for the purpose of locating those records which are responsive to a request.

          (4)  (A)  (i)  In order to carry out the provisions of this section, each agency shall promulgate regulations, pursuant to notice and receipt of public comment, specifying the schedule of fees applicable to the processing of requests under this section and establishing procedures and guidelines for determining when such fees should be waived or reduced.  Such schedule shall conform to the guidelines which shall be promulgated, pursuant to notice and receipt of public comment, by the Legislative Budget Office and which shall provide for a uniform schedule of fees for all agencies.

                   (ii)  Such agency regulations shall provide that:

                        1.  Fees shall be limited to reasonable standard charges for document search, duplication, and review, when records are requested for commercial use;

                        2.  Fees shall be limited to reasonable standard charges for document duplication when records are not sought for commercial use and the request is made by an educational or noncommercial scientific institution, whose purpose is scholarly or scientific research; or a representative of the news media; and

                        3.  For any request not described in 1. or 2., fees shall be limited to reasonable standard charges for document search and duplication.

     In this clause, the term "a representative of the news media" means any person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience.  In this clause, the term "news" means information that is about current events or that would be of current interest to the public.  Examples of news-media entities are television or radio stations broadcasting to the public at large and publishers of periodicals (but only if such entities qualify as disseminators of "news") who make their products available for purchase by or subscription by or free distribution to the general public.  These examples are not all-inclusive. Moreover, as methods of news delivery evolve (for example, the adoption of the electronic dissemination of newspapers through telecommunications services), such alternative media shall be considered to be news-media entities.  A freelance journalist shall be regarded as working for a news-media entity if the journalist can demonstrate a solid basis for expecting publication through that entity, whether or not the journalist is actually employed by the entity.  A publication contract would present a solid basis for such an expectation; the government may also consider the past publication record of the requester in making such a determination.

                   (iii)  Documents shall be furnished without any charge or at a charge reduced below the fees established under item (ii) if disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.

                   (iv)  Fee schedules shall provide for the recovery of only the direct costs of search, duplication, or review.  Review costs shall include only the direct costs incurred during the initial examination of a document for the purposes of determining whether the documents must be disclosed under this section and for the purposes of withholding any portions exempt from disclosure under this section.  Review costs may not include any costs incurred in resolving issues of law or policy that may be raised in the course of processing a request under this section.  No fee may be charged by any agency under this section:

                        1.  If the costs of routine collection and processing of the fee are likely to equal or exceed the amount of the fee; or

                        2.  For any request described in item (ii), 2. or 3. of this subparagraph for the first two (2) hours of search time or for the first one hundred (100) pages of duplication.

                        3.  No agency may require advance payment of any fee unless the requester has previously failed to pay fees in a timely fashion, or the agency has determined that the fee will exceed Two Hundred Fifty Dollars ($250.00).

                        4.  Nothing in this subparagraph shall supersede fees chargeable under a statute specifically providing for setting the level of fees for particular types of records.

                        5.  In any action by a requester regarding the waiver of fees under this section, the court shall determine the matter de novo; provided, that the court's review of the matter shall be limited to the record before the agency.

                        6.  An agency shall not assess search fees (or in the case of a requester described under item (ii) 2., duplication fees) under this subparagraph if the agency fails to comply with any time limit under paragraph (6), if no unusual or exceptional circumstances (as those terms are defined for purposes of paragraphs (6)(B) and (C), respectively) apply to the processing of the request.

              (B)  On complaint, the circuit or chancery court of the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, has jurisdiction to enjoin the agency from withholding agency records and to order the production of any agency records improperly withheld from the complainant.  In such a case the court shall determine the matter de novo, and may examine the contents of such agency records in camera to determine whether such records or any part thereof shall be withheld under any of the exemptions set forth in subsection (b) of this section, and the burden is on the agency to sustain its action. 

              (C)  Notwithstanding any other provision of law, the defendant shall serve an answer or otherwise plead to any complaint made under this subsection within thirty (30) days after service upon the defendant of the pleading in which such complaint is made, unless the court otherwise directs for good cause shown.

              (D)  (i)  The court may assess against the agency reasonable attorney fees and other litigation costs reasonably incurred in any case under this section in which the complainant has substantially prevailed.

                   (ii)  For purposes of this subparagraph, a complainant has substantially prevailed if the complainant has obtained relief through either:

                        1.  A judicial order, or an enforceable written agreement or consent decree; or

                        2.  A voluntary or unilateral change in position by the agency, if the complainant's claim is not insubstantial.

              (E)  (i)  Whenever the court orders the production of any agency records improperly withheld from the complainant and assesses against the agency reasonable attorney fees and other litigation costs, and the court additionally issues a written finding that the circumstances surrounding the withholding raise questions whether agency personnel acted arbitrarily or capriciously with respect to the withholding, then a special counsel appointed by the Attorney General shall promptly initiate a proceeding to determine whether disciplinary action is warranted against the officer or employee who was primarily responsible for the withholding.  The special counsel, after investigation and consideration of the evidence submitted, shall submit his findings and recommendations to the administrative authority of the agency concerned and shall send copies of the findings and recommendations to the officer or employee or his representative.  The administrative authority shall take the corrective action that the special counsel recommends.

                   (ii)  The Attorney General shall:

                        1.  Notify the special counsel of each civil action described under the first sentence of item (i); and

                        2.  Annually submit a report to the Legislature on the number of such civil actions in the preceding year.

                        3.  The special counsel shall annually submit a report to the Legislature on the actions taken by the special counsel under item (i).

              (G)  In the event of noncompliance with the order of the court, the circuit or chancery court may punish for contempt the responsible employee, and in the case of a uniformed service, the responsible member.

          (5)  Each agency having more than one member shall maintain and make available for public inspection a record of the final votes of each member in every agency proceeding.

          (6)  (A)  Each agency, upon any request for records made under paragraph (1), (2), or (3) of this subsection, shall:

                   (i)  Determine within twenty (20) days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of any such request whether to comply with such request and shall immediately notify the person making such request of such determination and the reasons therefor, and of the right of such person to appeal to the head of the agency any adverse determination; and

                   (ii)  Make a determination with respect to any appeal within twenty (20) days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of such appeal.  If on appeal the denial of the request for records is, in whole or in part, upheld, the agency shall notify the person making such request of the provisions for judicial review of that determination under paragraph (4) of this subsection.

     The twenty-day period under item (i) shall commence on the date on which the request is first received by the appropriate component of the agency, but in any event not later than ten (10) days after the request is first received by any component of the agency that is designated in the agency's regulations under this section to receive requests under this section.  The twenty-day period shall not be tolled by the agency except:

                        1.  That the agency may make one (1) request to the requester for information and toll the twenty-day period while it is awaiting such information that it has reasonably requested from the requester under this section; or

                        2.  If necessary to clarify with the requester issues regarding fee assessment.  In either case, the agency's receipt of the requester's response to the agency's request for information or clarification ends the tolling period.

              (B)  (i)  In unusual circumstances as specified in this subparagraph, the time limits prescribed in either item (i) or item (ii) of subparagraph (A) may be extended by written notice to the person making such request setting forth the unusual circumstances for such extension and the date on which a determination is expected to be dispatched.  No such notice shall specify a date that would result in an extension for more than ten (10) working days, except as provided in item (ii) of this subparagraph.

                   (ii)  With respect to a request for which a written notice under item (i) extends the time limits prescribed under item (i) of subparagraph (A), the agency shall notify the person making the request if the request cannot be processed within the time limit specified in that item and shall provide the person an opportunity to limit the scope of the request so that it may be processed within that time limit or an opportunity to arrange with the agency an alternative time frame for processing the request or a modified request.  To aid the requester, each agency shall make available its public liaison, who shall assist in the resolution of any disputes between the requester and the agency.  Refusal by the person to reasonably modify the request or arrange such an alternative time frame shall be considered as a factor in determining whether exceptional circumstances exist for purposes of subparagraph (C).

                   (iii)  As used in this subparagraph, "unusual circumstances" means, but only to the extent reasonably necessary to the proper processing of the particular requests:

                        1.  The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request;

                        2.  The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or

                        3.  The need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the agency having substantial subject-matter interest therein.

                   (iv)  Each agency may promulgate regulations, pursuant to notice and receipt of public comment, providing for the aggregation of certain requests by the same requester, or by a group of requesters acting in concert, if the agency reasonably believes that such requests actually constitute a single request, which would otherwise satisfy the unusual circumstances specified in this subparagraph, and the requests involve clearly related matters.  Multiple requests involving unrelated matters shall not be aggregated.

              (C)  (i)  Any person making a request to any agency for records under paragraph (1), (2), or (3) of this subsection shall be deemed to have exhausted his administrative remedies with respect to such request if the agency fails to comply with the applicable time limit provisions of this paragraph.  If the government can show exceptional circumstances exist and that the agency is exercising due diligence in responding to the request, the court may retain jurisdiction and allow the agency additional time to complete its review of the records.  Upon any determination by an agency to comply with a request for records, the records shall be made promptly available to such person making such request.  Any notification of denial of any request for records under this subsection shall set forth the names and titles or positions of each person responsible for the denial of such request.

                   (ii)  For purposes of this subparagraph, the term "exceptional circumstances" does not include a delay that results from a predictable agency workload of requests under this section, unless the agency demonstrates reasonable progress in reducing its backlog of pending requests.

                   (iii)  Refusal by a person to reasonably modify the scope of a request or arrange an alternative time frame for processing a request (or a modified request) under item (ii) after being given an opportunity to do so by the agency to whom the person made the request shall be considered as a factor in determining whether exceptional circumstances exist for purposes of this subparagraph.

              (D)  (i)  Each agency may promulgate regulations, pursuant to notice and receipt of public comment, providing for multitrack processing of requests for records based on the amount of work or time (or both) involved in processing requests.

                   (ii)  Regulations under this subparagraph may provide a person making a request that does not qualify for the fastest multitrack processing an opportunity to limit the scope of the request in order to qualify for faster processing.

                   (iii)  This subparagraph shall not be considered to affect the requirement under subparagraph (C) to exercise due diligence.

              (E)  (i)  Each agency shall promulgate regulations, pursuant to notice and receipt of public comment, providing for

expedited processing of requests for records:

                        1.  In cases in which the person requesting the records demonstrates a compelling need; and

                        2.  In other cases determined by the agency.

     Notwithstanding item (i), regulations under this subparagraph must ensure:

                             a.  That a determination of whether to provide expedited processing shall be made, and notice of the determination shall be provided to the person making the request, within ten (10) days after the date of the request; and

                             b.  Expeditious consideration of administrative appeals of such determinations of whether to provide expedited processing.

                             c.  An agency shall process as soon as practicable any request for records to which the agency has granted expedited processing under this subparagraph.  Agency action to deny or affirm denial of a request for expedited processing pursuant to this subparagraph, and failure by an agency to respond in a timely manner to such a request shall be subject to judicial review under paragraph (4), except that the judicial review shall be based on the record before the agency at the time of the determination.

                             d.  A circuit or chancery court of the district of the complainant shall have jurisdiction to review an agency denial of expedited processing of a request for records after the agency has provided a complete response to the request.  This review shall be de novo.

                   (ii)  For purposes of this subparagraph, the term "compelling need" means:

                        1.  That a failure to obtain requested records on an expedited basis under this paragraph could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or

                        2.  With respect to a request made by a person primarily engaged in disseminating information, urgency to inform the public concerning actual or alleged government activity.

                        3.  A demonstration of a compelling need by a person making a request for expedited processing shall be made by a statement certified by such person to be true and correct to the best of such person's knowledge and belief.

              (F)  In denying a request for records, in whole or in part, an agency shall make a reasonable effort to estimate the volume of any requested matter the provision of which is denied, and shall provide any such estimate to the person making the request, unless providing such estimate would harm an interest protected by the exemption in subsection (b) pursuant to which the denial is made.

          (7)  Each agency shall:

              (A)  Establish a system to assign an individualized tracking number for each request received that will take longer than ten (10) days to process and provide to each person making a request the tracking number assigned to the request; and

              (B)  Establish a telephone line or Internet service that provides information about the status of a request to the person making the request using the assigned tracking number, including:

                   (i)  The date on which the agency originally received the request; and

                   (ii)  An estimated date on which the agency will complete action on the request.

     (b)  This section does not apply to matters that are:

          (1)  Specifically authorized under criteria established by an executive order to be kept secret in the interest of and (B) are in fact properly classified pursuant to such executive order;

          (2)  Medical files and similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; or

          (3)  Records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information could reasonably be expected to endanger the life or physical safety of any individual.

     (c)  This section does not authorize withholding of any information or limit the availability of records to the public, except as specifically stated in this section. This section is not authority to withhold any information from the Legislature.

     (d)  (1)  On or before February 1 of each year, each agency shall submit to the Chairmen of the Judiciary A Committees of the House of Representatives and the Mississippi Senate a report which shall cover the preceding fiscal year and which shall include:

              (A)  The number of determinations made by the agency not to comply with requests for records made to such agency under subsection (a) and the reasons for each such determination;

              (B)  (i)  The number of appeals made by persons, the result of such appeals, and the reason for the action upon each appeal that results in a denial of information; and

                   (ii)  A complete list of all statutes that the agency relies upon to authorize the agency to withhold information, the number of occasions on which each statute was relied upon, a description of whether a court has upheld the decision of the agency to withhold information under each such statute, and a concise description of the scope of any information withheld.

              (C)  The number of requests for records pending before the agency as of September 30 of the preceding year, and the median and average number of days that such requests had been pending before the agency as of that date;

              (D)  The number of requests for records received by the agency and the number of requests which the agency processed;

              (E)  The median number of days taken by the agency to process different types of requests, based on the date on which the requests were received by the agency;

              (F)  The average number of days for the agency to respond to a request beginning on the date on which the request was received by the agency, the median number of days for the agency to respond to such requests, and the range in number of days for the agency to respond to such requests;

              (G)  Based on the number of business days that have elapsed since each request was originally received by the agency:

                   (i)  The number of requests for records to which the agency has responded with a determination within a period up to and including twenty (20) days, and in twenty-day increments up to and including two hundred (200) days;

                   (ii)  The number of requests for records to which the agency has responded with a determination within a period greater than two hundred (200) days and less than three hundred one (301) days;

                   (iii)  The number of requests for records to which the agency has responded with a determination within a period greater than three hundred (300) days and less than four hundred one (401) days; and

                   (iv)  The number of requests for records to which the agency has responded with a determination within a period greater than four hundred (400) days;

              (H)  The average number of days for the agency to provide the granted information beginning on the date on which the request was originally filed, the median number of days for the agency to provide the granted information, and the range in number of days for the agency to provide the granted information;

              (I)  The median and average number of days for the agency to respond to administrative appeals based on the date on which the appeals originally were received by the agency, the highest number of business days taken by the agency to respond to an administrative appeal, and the lowest number of business days taken by the agency to respond to an administrative appeal;

              (J)  Data on the ten (10) active requests with the earliest filing dates pending at each agency, including the amount of time that has elapsed since each request was originally received by the agency;

              (K)  Data on the ten (10) active administrative appeals with the earliest filing dates pending before the agency as of September 30 of the preceding year, including the number of business days that have elapsed since the requests were originally received by the agency;

              (L)  The number of expedited review requests that are granted and denied, the average and median number of days for adjudicating expedited review requests, and the number adjudicated within the required ten (10) days;

              (M)  The number of fee waiver requests that are granted and denied, and the average and median number of days for adjudicating fee waiver determinations;

              (N)  The total amount of fees collected by the agency for processing requests; and

              (O)  The number of full-time staff of the agency devoted to processing requests for records under this section, and the total amount expended by the agency for processing such requests.

          (2)  Information in each report submitted under paragraph (1) shall be expressed in terms of each principal component of the agency and for the agency overall.

          (3)  Each agency shall make each such report available to the public including by computer telecommunications, or if computer telecommunications means have not been established by the agency, by other electronic means.  In addition, each agency shall make the raw statistical data used in its reports available electronically to the public upon request.

          (4)  The Chairmen of the Judiciary A Committees of the House of Representatives and the Mississippi Senate shall make each report which has been made available by electronic means available at a single electronic access point.  The Chairmen of the Judiciary A Committees of the House of Representatives and Senate shall notify the Chairman of Ethics Committees of the House of Representatives and the Senate, no later than April 1 of the year in which each such report is issued, that such reports are available by electronic means.

          (5)  The Chairmen of the Judiciary A Committees of the House of Representatives and the Senate, in consultation with the Legislative Budget Office, shall develop reporting and performance guidelines in connection with reports required by this subsection, and may establish additional requirements for such reports as they determine may be useful.

          (6)  The Chairmen of the Judiciary A Committee and Senate shall submit an annual report on or before April 1 of each calendar year which shall include for the prior calendar year a listing of the number of cases arising under this section, the exemption involved in each case, the disposition of such case, and the cost, fees, and penalties assessed under subparagraphs (E), (F), and (G) of subsection (a)(4).  Such report shall also include a description of the efforts undertaken by the Attorney General to encourage agency compliance with this section.

     (e) For purposes of this section, the term:

          (1)  "Agency" as defined in Section 1 of this title includes any executive department, military department, government corporation, government controlled corporation, or other establishment in the executive branch of the government (including the Executive Office of the Governor), or any independent regulatory agency; and

          (2)  "Record" and any other term used in this section in reference to information includes:

              (A)  Any information that would be an agency record subject to the requirements of this section when maintained by an agency in any format, including an electronic format; and

              (B)  Any information described under subparagraph (A) that is maintained for an agency by an entity under government contract, for the purposes of records management.

     (f)  The head of each agency shall prepare and make publicly available upon request, reference material or a guide for requesting records or information from the agency, subject to the exemptions in subsection (b), including:

          (1)  An index of all major information systems of the agency;

          (2)  A description of major information and record locator systems maintained by the agency; and

          (3)  A handbook for obtaining various types and categories of public information from the agency under this section.

     (g)  The House of Representatives and the Mississippi Senate shall conduct audits of administrative agencies on the implementation of this section and issue reports detailing the results of such audits.

     (h)  Each agency shall designate a Chief FOIA Officer who shall be a senior official of such agency (at the Assistant Director or equivalent level).

     (i)  The Chief FOIA Officer of each agency shall, subject to the authority of the head of the agency:

          (1)  Have agency-wide responsibility for efficient and appropriate compliance with this section;

          (2) Monitor implementation of this section throughout the agency and keep the head of the agency, the chief legal officer of the agency, and the Chairmen of the Judiciary A Committees of the House of Representatives and Senate appropriately informed of the agency's performance in implementing this section;

          (3)  Recommend to the head of the agency such adjustments to agency practices, policies, personnel, and funding as may be necessary to improve its implementation of this section;

          (4)  Review and report to the Charimen of the Judiciary A Committees of the House of Representatives and Senate, through the head of the agency, at such times and in such formats as the Chairmen of the Judiciary A Committees of the House of Representatives and Senate may direct, on the agency's performance in implementing this section.

     SECTION 3.  (a)  For purposes of this section:

          (1)  The term "agency" means agency as defined in Section 1. of this act;

          (2)  The term "individual" means a citizen of the United States or an alien lawfully admitted for permanent residence;

          (3)  The term "maintain" includes maintain, collect, use, or disseminate;

          (4)  The term "record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph;

          (5)  The term "system of records" means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual;

          (6)  The term "statistical record" means a record in a system of records maintained for statistical research or reporting purposes only and not used, in whole or in part, in making any determination about an identifiable individual;

          (7)  The term "routine use" means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected;

          (8)  The term "matching program" means:

              (A)  Any computerized comparison of:

                   (i)  Two (2) or more automated systems of records or a system of records with nonstate records for the purpose of:

                        1.  Establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under state benefit programs, or

                        2.  Recouping payments or delinquent debts under such State benefit programs,

              (B)  But does not include:

                   (i)  Matches performed to produce aggregate statistical data without any personal identifiers;

                   (ii)  Matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals;

                   (iii)  Matches performed, by an agency (or component thereof) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons;

                   (iv)  Matches of tax information 1. pursuant to Section 6103(d) of the Internal Revenue Code of 1986, 2. for purposes of tax administration as defined in Section 6103(b)(4) of such Code, 3. for the purpose of intercepting a tax refund due an individual under authority granted by Section 404(e), 464, or 1137 of the Social Security Act; or 4. for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in Section 1137 of the Social Security Act;

                   (v)  Matches:

                        1.  Using records predominantly relating to state personnel, that are performed for routine administrative purposes (subject to guidance provided by the Department of Finance and Administration pursuant to subsection (v)); or

                        2.  Conducted by an agency using only records from systems of records maintained by that agency;

If the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against state personnel;

                   (vi)  Matches performed for security clearances of state personnel or state contractor personnel;

                   (vii)  Matches performed incident to a levy described in Section 6103(k)(8) of the Internal Revenue Code of 1986;

                   (viii)  Matches performed pursuant to Section 202(x)(3) or 1611(e)(1) of the Social Security Act (42 USCS 402(x)(3), 1382(e)(1)); or

          (9)  The term "recipient agency" means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program;

          (10)  The term "nonstate agency" means any state or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program;

          (11)  The term "source agency" means any agency which discloses records contained in a system of records to be used in a matching program, or any state or local government, or agency thereof, which discloses records to be used in a matching program;

          (12)  The term "state benefit program" means any program administered or funded by the government of the State of Mississippi, or by any agent or state on behalf of the government of the State of Mississippi, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals; and

          (13)  (a)  The term "state personnel" means officers and employees of the Government of the State of Mississippi, members of the uniformed services (including members of the Mississippi National Guard), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the State of Mississippi (including survivor benefits).

     (b)  No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be:

          (1)  To those officers and employees of the agency which maintains the records who have a need for the record in the performance of their duties;

          (2)  Required under Section 2. of this act;

          (3)  For a routine use as defined in this or any preceding section;

          (4)  To a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable;

          (5)  To another agency or to an instrumentality of any governmental jurisdiction within or under the control of the State of Mississippi for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought;

          (6)  To a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual;

          (7)  To either chamber or committee of the Legislature, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of the Legislature or subcommittee of any such joint committee;

          (8)  To the State Auditor, or any of his authorized representatives; or

          (9)  Pursuant to the order of a court of competent jurisdiction.

      (c)  Each agency, with respect to each system of records under its control, shall:

          (1)  Except for disclosures made under subsections (b)(1) or (b)(2) of this section, keep an accurate accounting of:

              (A)  The date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection (b) of this section; and

              (B)  The name and address of the person or agency to whom the disclosure is made;

          (2)  Retain the accounting made under paragraph (1) of this subsection for at least five (5) years or the life of the record, whichever is longer, after the disclosure for which the accounting is made;

          (3)  Except for disclosures made under subsection (b)(7) of this section, make the accounting made under paragraph (1) of this subsection available to the individual named in the record at his request; and

          (4)  Inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection (d) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made.

     (d)  Each agency that maintains a system of records shall:

          (1)  Upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individual's record in the accompanying person's presence;

          (2)  Permit the individual to request amendment of a record pertaining to him; and

              (A)  Not later than ten (10) days (excluding Saturdays, Sundays, and legal public holidays) after the date of receipt of such request, acknowledge in writing such receipt; and

              (B)  Promptly, either:

                   (i)  Make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete; or

                   (ii)  Inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official;

          (3)  Permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than thirty (30) days (excluding Saturdays, Sundays, and legal public holidays) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such thirty-day period; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing official's determination under subsection (g)(1)(A) of this section;

              (4)  In any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph (3) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed.

     (e)  Each agency that maintains a system of records shall:

          (1)  Maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the Governor;

          (2)  Collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individual's rights, benefits, and privileges under state programs;

          (3)  Inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual:

              (A)  The authority (whether granted by statute, or by executive order of the Governor) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary;

              (B)  The principal purpose or purposes for which the information is intended to be used;

              (C)  The routine uses which may be made of the information, as published pursuant to paragraph (4)(D) of this subsection; and

              (D)  The effects on him, if any, of not providing all or any part of the requested information;

          (4)  Subject to the provisions of paragraph (11) of this subsection, publish upon establishment or revision a notice of the existence and character of the system of records, which notice shall include:

              (A)  The name and location of the system;

              (B)  The categories of individuals on whom records are maintained in the system;

              (C)  The categories of records maintained in the system;

              (D)  Each routine use of the records contained in the system, including the categories of users and the purpose of such use;

              (E)  The policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records;

              (F)  The title and business address of the agency official who is responsible for the system of records;

              (G)  The agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him;

              (H)  The agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content; and

              (I)  The categories of sources of records in the system;

          (5)  Maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination;

          (6)  Prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection (b)(2) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes;

          (7)  Maintain no record describing how any individual exercises rights guaranteed by the First Amendment of the United States Constitution unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity;

          (8)  Make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record;

          (9)  Establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance;

          (10)  Establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained;

          (11)  At least thirty (30) days prior to publication of information under paragraph (4)(D) of this subsection, publish notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency; and

          (12)  If such agency is a recipient agency or a source agency in a matching program with a nonfederal agency, with respect to any establishment or revision of a matching program, at least thirty (30) days prior to conducting such program, publish in the notice of such establishment or revision.

     (f)  In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements (including general notice) of Section 3 of this act, which shall:

          (1)  Establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him;

          (2)  Define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual;

          (3)  Establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him;

          (4)  Establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and

          (5)  Establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record.

The Office of the Secretary of State shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection (e)(4) of this section in a form available to the public at low cost.

     (g)  (1)  Whenever any agency:

              (A)  Makes a determination under subsection (d)(3) of this section not to amend an individual's record in accordance with his request, or fails to make such review in conformity with that subsection;

              (B)  Refuses to comply with an individual request under subsection (d)(1) of this section;

              (C)  Fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual; or

               (D)  Fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency.

          (2)  (A)  In any suit brought under the provisions of subsection (g)(1)(A) of this section, the court may order the agency to amend the individual's record in accordance with his request or in such other way as the court may direct.  In such a case the court shall determine the matter de novo.

              (B)  The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.

     (3)  (A)  In any suit brought under the provisions of subsection (g)(1)(B) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him.  In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection (k) of this section, and the burden is on the agency to sustain its action.

              (B)  The court may assess against the agency reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.

          (4)  In any suit brought under the provisions of subsection (g)(1)(C) or (D) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the agency shall be liable to the individual in an amount equal to the sum of:

              (A)  Actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of Ten Thousand Dollars ($10,000.00); and

              (B)  The costs of the action together with reasonable attorney fees as determined by the court.

          (5)  An action to enforce any liability created under this section may be brought in the circuit or chancery court in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, without regard to the amount in controversy, within two (2) years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two (2) years after discovery by the individual of the misrepresentation.  Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to July 1, 2013.

     (h)  For the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual.

     (i)  (1)  Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information, the disclosure of which is prohibited by this section, or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not less than Five Thousand Dollars ($5,000.00).

          (2)  Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection (e)(4) of this section shall be guilty of a misdemeanor and fined not less than Five thousand Dollars ($5,000.00).

          (3)  Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not less than Five Thousand Dollars ($5,000.00).

     (j)  When an agency provides by a contract for the operation by or on behalf of the agency of a system of records to accomplish an agency function, the agency shall, consistent with its authority, cause the requirements of this section to be applied to such system.  For purposes of subsection (i) of this section any such contractor and any employee of such contractor, if such contract is agreed to on or after the effective date of this section, shall be considered to be an employee of an agency.

     (k)  An individual's name and address may not be sold or rented by an agency unless such action is specifically authorized by law.  This provision shall not be construed to require the withholding of names and addresses otherwise permitted to be made public.

     SECTION 4.  (a)  For purposes of this section:

          (1)  The term "agency" means any agency headed by a collegial body composed of two (2) or more individual members, a majority of whom are appointed to such position by the Governor, and any subdivision thereof authorized to act on behalf of the agency;

          (2)  The term "meeting" means the deliberations of at least the number of individual agency members required to take action on behalf of the agency where such deliberations determine or result in the joint conduct or disposition of official agency business, but does not include deliberations required or permitted by subsection (d) or (e); and

          (3)  The term "member" means an individual who belongs to a collegial body heading an agency.

     (b)  Members shall not jointly conduct or dispose of agency business other than in accordance with this section.  Except as provided in subsection (c), every portion of every meeting of an agency shall be open to public observation.

     (c)  Except in a case where the agency finds that the public interest requires otherwise, the second sentence of subsection (b) shall not apply to any portion of an agency meeting, and the requirements of subsections (d) and (e) shall not apply to any information pertaining to such meeting otherwise required by this section to be disclosed to the public, where the agency properly determines that such portion or portions of its meeting or the disclosure of such information is likely to:

          (1)  Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

          (2)  Disclose investigatory records compiled for law enforcement purposes, or information which if written would be contained in such records, but only to the extent that the production of such records or information would endanger the life or physical safety of law enforcement personnel;

     (d)  (1)  Action under subsection (c) shall be taken only when a majority of the entire membership of the agency (as defined in subsection (a)(1)) votes to take such action.  A separate vote of the agency members shall be taken with respect to each agency meeting a portion or portions of which are proposed to be closed to the public pursuant to subsection (c), or with respect to any information which is proposed to be withheld under subsection (c). A single vote may be taken with respect to a series of meetings, a portion or portions of which are proposed to be closed to the public, or with respect to any information concerning such series of meetings, so long as each meeting in such series involves the same particular matters and is scheduled to be held no more than thirty (30) days after the initial meeting in such series.  The vote of each agency member participating in such vote shall be recorded and no proxies shall be allowed.

          (2)  Whenever any person whose interests may be directly affected by a portion of a meeting requests that the agency close such portion to the public for any of the reasons referred to in paragraph (5), (6), or (7) of subsection (c), the agency, upon request of any one of its members, shall vote by recorded vote whether to close such meeting.

          (3)  Within one (1) day of any vote taken pursuant to paragraph (1) or (2), the agency shall make publicly available a written copy of such vote reflecting the vote of each member on the question.  If a portion of a meeting is to be closed to the public, the agency shall, within one (1) day of the vote taken pursuant to paragraph (1) or (2) of this subsection, make publicly available a full written explanation of its action closing the portion together with a list of all persons expected to attend the meeting and their affiliation.

          (4)  Any agency, a majority of whose meetings may properly be closed to the public pursuant to paragraph (4), (8), (9)(A), or (10) of subsection (c), or any combination thereof, may provide by regulation for the closing of such meetings or portions thereof in the event that a majority of the members of the agency votes by recorded vote at the beginning of such meeting, or portion thereof, to close the exempt portion or portions of the meeting, and a copy of such vote, reflecting the vote of each member on the question, is made available to the public.  The provisions of paragraphs (1), (2), and (3) of this subsection and subsection (e) shall not apply to any portion of a meeting to which such regulations apply:  provided, that the agency shall, except to the extent that such information is exempt from disclosure under the provisions of subsection (c), provide the public with a public announcement of the time, place, and subject matter of the meeting and of each portion thereof at the earliest practicable time.

     (e)  (1)  In the case of each meeting, the agency shall make public announcement, at least one (1) week before the meeting, of the time, place, and subject matter of the meeting, whether it is to be open or closed to the public, and the name and phone number of the official designated by the agency to respond to requests for information about the meeting.  Such announcement shall be made unless a majority of the members of the agency determines by a recorded vote that agency business requires that such meeting be called at an earlier date, in which case, the agency shall make a public announcement of the time, place, and subject matter of such meeting, and whether open or closed to the public, at the earliest practicable time.

          (2)  The time or place of a meeting may be changed following the public announcement required by paragraph (1) only if the agency publicly announces such change at the earliest practicable time.  The subject matter of a meeting, or the determination of the agency to open or close a meeting, or portion of a meeting, to the public, may be changed following the public announcement required by this subsection only if (A) a majority of the entire membership of the agency determines by a recorded vote that agency business so requires and that no earlier announcement of the change was possible, and (B) the agency publicly announces such change and the vote of each member upon such change at the earliest practicable time.

          (3)  Immediately following each public announcement required by this subsection, notice of the time, place, and subject matter of a meeting, whether the meeting is open or closed, any change in one of the preceding, and the name and phone number of the official designated by the agency to respond to requests for information about the meeting, shall also be submitted for publication in the Federal Register.

     (f)  For every meeting closed pursuant to paragraphs (1) and (2) of subsection (c), counsel or chief legal officer of the agency shall publicly certify that, in his or her opinion, the meeting may be closed to the public and shall state each relevant exemptive provision.  A copy of such certification, together with a statement from the presiding officer of the meeting setting forth the time and place of the meeting, and the persons present, shall be retained by the agency.  The agency shall maintain a complete transcript or electronic recording adequate to record fully the proceedings of each meeting, or portion of a meeting, closed to the public, except that in the case of a meeting, or portion of a meeting, closed to the public pursuant to relevant provision, the agency shall maintain either such a transcript or recording, or a set of minutes.  Such minutes shall fully and clearly describe all matters discussed and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote (reflecting the vote of each member on the question).  All documents considered in connection with any action shall be identified in such minutes.

     (g)  The agency shall make promptly available to the public, in a place easily accessible to the public, the transcript, electronic recording, or minutes (as required by paragraph (1)) of the discussion of any item on the agenda, or of any item of the testimony of any witness received at the meeting, except for such item or items of such discussion or testimony as the agency determines to contain information which may be withheld under subsection (c).  Copies of such transcript, or minutes, or a transcription of such recording disclosing the identity of each speaker, shall be furnished to any person at the actual cost of duplication or transcription.  The agency shall maintain a complete verbatim copy of the transcript, a complete copy of the minutes, or a complete electronic recording of each meeting, or portion of a meeting, closed to the public, for a period of at least two (2) years after such meeting, or until one (1) year after the conclusion of any agency proceeding with respect to which the meeting or portion was held, whichever occurs later.

     (h)  Each agency subject to the requirements of this section shall, within one hundred eighty (180) days after the date of enactment of this section, promulgate regulations to implement the requirements of subsections (b) through (f) of this section.  Any person may bring a proceeding in the circuit, county or chancery court of the home county of the complainant to require an agency to promulgate such regulations if such agency has not promulgated such regulations within the time period specified herein.  Subject to any limitations of time provided by law, any person may bring a proceeding in the circuit, county or chancery court of the home county of the complainant to set aside agency regulations issued pursuant to this subsection that are not in accord with the requirements of subsections (b) through (f) of this section and to require the promulgation of regulations that are in accord with such subsections.

     (i)  (1)  The circuit, county, and chancery courts of the home county of the complainant shall have jurisdiction to enforce the requirements of subsections (b) through (f) of this section by declaratory judgment, injunctive relief, or other relief as may be appropriate.  Such actions may be brought by any person against an agency prior to, or within sixty (60) days after, the meeting out of which the violation of this section arises, except that if public announcement of such meeting is not initially provided by the agency in accordance with the requirements of this section, such action may be instituted pursuant to this section at any time prior to sixty (60) days after any public announcement of such meeting.  Such actions may be brought in the circuit, county, and chancery courts of the home county of the complainant.  In such actions a defendant shall serve his answer within thirty (30) days after the service of the complaint.  The burden is on the defendant to sustain his action.  In deciding such cases the court may examine in camera any portion of the transcript, electronic recording, or minutes of a meeting closed to the public, and may take such additional evidence as it deems necessary.  The court, having due regard for orderly administration and the public interest, as well as the interests of the parties, may grant such equitable relief as it deems appropriate, including granting an injunction against future violations of this section or ordering the agency to make available to the public such portion of the transcript, recording or minutes of a meeting as is not authorized to be withheld under subsection (c) of this section.

          (2)  Any court otherwise authorized by law to review agency action may, at the application of any person properly participating in the proceeding pursuant to other applicable law, inquire into violations by the agency of the requirements of this section and afford such relief as it deems appropriate.  Nothing in this section authorizes any federal court having jurisdiction solely on the basis of paragraph (1) to set aside, enjoin, or invalidate any agency action (other than an action to close a meeting or to withhold information under this section) taken or discussed at any agency meeting out of which the violation of this section arose.

          (3)  The court may assess against any party reasonable attorney fees and other litigation costs reasonably incurred by any other party who substantially prevails in any action brought in accordance with the provisions of subsection (g) or (h) of this section, except that costs may be assessed against the plaintiff only where the court finds that the suit was initiated by the plaintiff primarily for frivolous or dilatory purposes.  In the case of assessment of costs against an agency, the costs may be assessed by the court against the state.

     (j)  Each agency subject to the requirements of this section shall annually report to the Legislature regarding the following:

          (1)  The changes in the policies and procedures of the agency under this section that have occurred during the preceding one-year period.

          (2)  A tabulation of the number of meetings held, the exemptions applied to close meetings, and the days of public notice provided to close meetings.

          (3)  A brief description of litigation or formal complaints concerning the implementation of this section by the agency.

          (4)  A brief explanation of any changes in law that have affected the responsibilities of the agency under this section.

     (k)  This section does not constitute authority to withhold any information from the Legislature, and does not authorize the closing of any agency meeting or portion thereof required by any other provision of law to be open.

     (l)  Nothing in this section authorizes any agency to withhold from any individual any record, including transcripts, recordings, or minutes required by this section, which is otherwise accessible to such individual under Section 3.A of this title.

     SECTION 5.  (a)  After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through submission of written data, views, or arguments with or without opportunity for oral presentation.  After consideration of the relevant matter presented, the agency shall incorporate in the rules adopted a concise general statement of their basis and purpose.

     (b)  The required publication or service of a substantive rule shall be made not less than thirty (30) days before its effective date.

     (c)  Each agency shall give an interested person the right to petition for the issuance, amendment, or repeal of a rule.

     SECTION 6.  (a)  This section applies, according to the provisions thereof, in every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing.

     (b)  Persons entitled to notice of an agency hearing shall be timely informed of:

          (1)  The time, place, and nature of the hearing;

          (2)  The legal authority and jurisdiction under which the hearing is to be held; and

          (3)  The matters of fact and law asserted.

     (c)  Any and all agency hearings shall be conducted pursuant to the Mississippi Rules of Civil Procedure, the Mississippi Rules of Evidence, and the Mississippi Rules of Court.  When private persons are the moving parties, other parties to the proceeding shall give prompt notice of issues controverted in fact or law; and in other instances agencies may by rule require responsive pleading.  In fixing the time and place for hearings, due regard shall be had for the convenience and necessity of the parties or their representatives.

     (d)  The agency shall give all interested parties opportunity for:

          (1)  The submission and consideration of facts, arguments, offers of settlement, or proposals of adjustment when time, the nature of the proceeding, and the public interest permit; and

          (2)  To the extent that the parties are unable so to determine a controversy by consent, hearing and decision on notice.

          (3)  Any and all discovery allowed under the Mississippi Rules of Civil Procedure, including, but not limited to, depositions of parties.

     (e)  The employee who presides at the reception of evidence  shall make the recommended decision or initial decision, unless he becomes unavailable to the agency.  Except to the extent required for the disposition of ex parte matters as authorized by law, such an employee may not:

          (1)  Consult a person or party on a fact in issue, unless on notice and opportunity for all parties to participate; or

          (2)  Be responsible to or subject to the supervision or direction of an employee or agent engaged in the performance of investigative or prosecuting functions for an agency.

     (f)  Any agency under this act shall not perform both the judiciary and investigative/prosecutorial function.  Performing both of these functions is repugnant to the public policy of Mississippi and is a clear violation of the separation of powers doctrine.  All investigative and prosecutorial functions shall be performed by the Attorney General.

     Any employee or agent engaged in the performance of investigative or prosecuting functions for an agency in a case shall be guilty of a misdemeanor crime and fined no more than Twenty-five Thousand Dollars ($25,000.00) and sentenced to no more than thirty (30) days of incarceration. 

     SECTION 7.  (a)  This section applies, according to the provisions thereof, except as otherwise provided by this subchapter.

     (b)  A person compelled to appear in person before an agency or representative thereof is entitled to be accompanied, represented, and advised by counsel or, if permitted by the agency, by other qualified representative.  A party is entitled to appear in person or by or with counsel or other duly qualified representative in an agency proceeding.  So far as the orderly conduct of public business permits, an interested person may appear before an agency or its responsible employees for the presentation, adjustment, or determination of an issue, request, or controversy in a proceeding, whether interlocutory, summary, or otherwise, or in connection with an agency function.  With due regard for the convenience and necessity of the parties or their representatives and within a reasonable time, each agency shall proceed to conclude a matter presented to it.  This subsection does not grant or deny a person who is not a lawyer the right to appear for or represent others before an agency or in an agency proceeding.

     (c)  No agency act, proceeding, or procedure shall be instituted by an anonymous complaint.  Anonymous complaints as a basis for initiating a proceeding are repugnant to the public policy of Mississippi and violate the Confrontation Clause of the Constitutions of the United States and Mississippi.  Any agency or individual acting on or trying to institute any agency act shall be liable for any and all tortuous remedies available under the laws of the State of Mississippi and the common law.

     (d)  Process, requirement of a report, inspection, or other investigative act or demand may not be issued, made, or enforced except as authorized by law.  A person compelled to submit data or evidence is entitled to retain or, on payment of lawfully prescribed costs, procure a copy or transcript thereof, except that in a nonpublic investigatory proceeding the witness may for good cause be limited to inspection of the official transcript of his testimony.

     (e)  Agency subpoenas authorized by law shall be issued to a party on request and, when required by rules of procedure, on a statement or showing of general relevance and reasonable scope of the evidence sought.  On contest, the court shall sustain the subpoena or similar process or demand to the extent that it is found to be in accordance with law.  In a proceeding for enforcement, the court shall issue an order requiring the appearance of the witness or the production of the evidence or data within a reasonable time under penalty of punishment for contempt in case of contumacious failure to comply.

     (f)  Prompt notice shall be given of the denial, in whole or in part, of a written application, petition, or other request of an interested person made in connection with any agency proceeding.  Except in affirming a prior denial or when the denial is self-explanatory, the notice shall be accompanied by a brief statement of the grounds for denial.

     SECTION 8.  (a)  This section applies, according to the provisions thereof, to hearings to be conducted in accordance with this section.

     (b)  There shall preside at the taking of evidence:

          (1)  The agency;

          (2)  One or more members of the body which comprises the agency; or

          (3)  One or more judges appointed under the laws of the State of  Mississippi.

     (c)  Subject to published rules of the agency and within its powers, only judges presiding at hearings may:

          (1)  Administer oaths and affirmations;

          (2)  Issue subpoenas authorized by law;

          (3)  Rule on offers of proof and receive relevant evidence;

          (4)  Take depositions or have depositions taken when the ends of justice would be served;

          (5)  Regulate the course of the hearing;

          (6)  Hold conferences for the settlement or simplification of the issues by consent of the parties or by the use of alternative means of dispute resolution;

          (7)  Inform the parties as to the availability of one or more alternative means of dispute resolution, and encourage use of such methods;

          (8)  Require the attendance at any conference held pursuant to paragraph (6) of at least one (1) representative of each party who has authority to negotiate concerning resolution of issues in controversy;

          (9)  Dispose of procedural requests or similar matters;

          (10)  Take other action authorized by agency rule consistent with this act.

     (d)  Except as otherwise provided by statute, the proponent of a rule or order has the burden of proof.  Any oral or documentary evidence may be received, but the agency as a matter of policy shall provide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence.  A sanction may not be imposed or rule or order issued except on consideration of the whole record or those parts thereof cited by a party and supported by and in accordance with the reliable, probative, and substantial evidence.  A party is entitled to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts.  In rule making or determining claims for money or benefits or applications for initial licenses an agency may, when a party will not be prejudiced thereby, adopt procedures for the submission of all or part of the evidence in written form.

     (e)  When an agency decision rests on official notice of a material fact not appearing in the evidence in the record, a party is entitled, on timely request, to an opportunity to show the contrary.

     SECTION 9.  (a)  This section applies, according to the provisions thereof, when a hearing is required to be conducted in accordance with Section 8 of this act.

     (b)  Before a recommended, initial, or tentative decision, or a decision on agency review of the decision of subordinate employees, the parties are entitled to a reasonable opportunity for a show cause hearing to submit for the consideration of the agency and its employees participating in the decisions:

          (1)  Proposed findings and conclusions; or

          (2)  Exceptions to the decisions or recommended decisions of subordinate employees or to tentative agency decisions; and

          (3)  Supporting reasons for the exceptions or proposed findings or conclusions.

     The record shall show the ruling on each finding, conclusion, or exception presented.  All decisions, including initial, recommended, and tentative decisions, are a part of the record and shall include a statement of:

              (A)  Findings and conclusions, and the reasons or basis therefor, on all the material issues of fact, law, or discretion presented on the record; and

              (B)  The appropriate rule, order, sanction, relief, or denial thereof.

     (c)  (1)  In any agency proceeding which is subject to subsection (a) of this section, except to the extent required for the disposition of ex parte matters as authorized by law:

              (A)  No interested person outside the agency shall make or knowingly cause to be made to any member of the body comprising the agency, administrative law judge, or other employee who is or may reasonably be expected to be involved in the decisional process of the proceeding, an ex parte communication relevant to the merits of the proceeding;

              (B)  No member of the body comprising the agency, administrative law judge, or other employee who is or may reasonably be expected to be involved in the decisional process of the proceeding, shall make or knowingly cause to be made to any interested person outside the agency an ex parte communication relevant to the merits of the proceeding;

              (C)  A member of the body comprising the agency, administrative law judge, or other employee who is or may reasonably be expected to be involved in the decisional process of such proceeding who receives, or who makes or knowingly causes to be made, a communication prohibited by this subsection shall place on the public record of the proceeding:

                   (i)  All such written communications;

                   (ii)  Memoranda stating the substance of all such oral communications; and

                   (iii)  All written responses, and memoranda stating the substance of all oral responses, to the materials described in items (i) and (ii) of this subparagraph;

              (D)  Upon receipt of a communication knowingly made or knowingly caused to be made by a party in violation of this subsection, the agency, administrative law judge, or other employee presiding at the hearing may, to the extent consistent with the interests of justice and the policy of the underlying statutes, require the party to show cause why his claim or interest in the proceeding should not be dismissed, denied, disregarded, or otherwise adversely affected on account of such violation; and

              (E)  An agency, employee or agent shall not be an interested party in any proceeding of that agency at any stage of the agency's business; and

              (F)  The prohibitions of this subsection shall apply beginning at such time as the agency may designate, but in no case shall they begin to apply later than the time at which a proceeding is noticed for hearing unless the person responsible for the communication has knowledge that it will be noticed, in which case the prohibitions shall apply beginning at the time of his acquisition of such knowledge.

          (2)  This subsection does not constitute authority to withhold information from the Legislature.

     SECTION 10.  (a)  This section applies, according to the provisions thereof, to the exercise of a power or authority.

     (b)  A sanction may not be imposed or a substantive rule or order issued except within jurisdiction delegated to the agency and as authorized by law.

     (c)  When application is made for a license required by law, the agency, with due regard for the rights and privileges of all the interested parties or adversely affected persons and within a reasonable time, shall set and complete proceedings required to be conducted in accordance with Sections 7 and 8 of this act or other proceedings required by law and shall make its decision.

     SECTION 11.  This act does not limit or repeal additional requirements imposed by statute or otherwise recognized by law. Except as otherwise required by law, requirements or privileges relating to evidence or procedure apply equally to agencies and persons.

     SECTION 12.  A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof.  An action in a circuit, county, and chancery courts of the home county of the complainant seeking any relief, stating a claim that an agency or an officer or employee thereof acted or failed to act in an official capacity or under color of legal authority shall not be dismissed nor relief therein be denied on the ground that it is against the agency or that the State of Mississippi is an indispensable party.  The State of Mississippi may be named as a defendant in any such action, and a judgment or decree may be entered against the State of Mississippi:  provided, that any mandatory or injunctive decree shall specify the state officer or officers (by name or by title), and their successors in office, personally responsible for compliance.  Nothing herein (1) affects other limitations on judicial review or the power or duty of the court to dismiss any action or deny relief on any other appropriate legal or equitable ground; or (2) confers authority to grant relief if any other statute that grants consent to suit expressly or impliedly forbids the relief which is sought.

     SECTION 13.  The form of proceeding for judicial review is the special statutory review proceeding relevant to the subject matter in a court specified by statute or, in the absence or inadequacy thereof, any applicable form of legal action, including actions for declaratory judgments or writs of prohibitory or mandatory injunction or habeas corpus, in a court of competent jurisdiction. If no special statutory review proceeding is applicable, the action for judicial review may be brought against the State of Mississippi, the agency by its official title, or the appropriate officer.  Except to the extent that prior, adequate, and exclusive opportunity for judicial review is provided by law, agency action is subject to judicial review in civil or criminal proceedings for judicial enforcement.

     SECTION 14.  Agency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court are subject to judicial review.  A preliminary, procedural, or intermediate agency action or ruling not directly reviewable is subject to review on the review of the final agency action.  Except as otherwise expressly required by statute, agency action otherwise final is final for the purposes of this section whether or not there has been presented or determined an application for a declaratory order, for any form of reconsideration, or, unless the agency otherwise requires by rule and provides that the action meanwhile is inoperative, for an appeal to superior agency authority.

     SECTION 15.  When an agency ruling and an appeal is timely filed, the ruling and its execution shall be postponed and the effective date of action taken by it postponed, pending judicial review.  On such conditions as may be required and to the extent necessary to prevent irreparable injury, the reviewing court, including the court to which a case may be taken on appeal from or on application for certiorari or other writ to a reviewing court, may issue all necessary and appropriate process to postpone the effective date of an agency action or to preserve status or rights pending conclusion of the review proceedings.

     SECTION 16.  To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action.  The reviewing court shall determine all appeals, de novo, and should consider:

          (1)  Compelling agency action unlawfully withheld or unreasonably delayed; and

          (2)  Holding unlawful and set aside agency action, findings, and conclusions found to be:

              (A)  Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

              (B)  Contrary to constitutional right, power, privilege, or immunity;

              (C)  In excess of statutory jurisdiction, authority, or limitations, or short of statutory right;

              (D)  Without observance of procedure required by law;

              (E)  Unsupported by substantial evidence or otherwise reviewed on the record of an agency hearing provided by statute; or

              (F)  Unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court.

              (G)  Any and all other issues properly raised on appeal and within the legal and equitable powers of the court.

     In making the foregoing determinations, the court shall review the matter de novo, and due account shall be taken of the rule of prejudicial error.

     SECTION 17. (a)(1)(A) Before a rule can take effect, the agency promulgating such rule shall submit to each House of the Legislature and to the Attorney General a report containing:

                   (i)  A copy of the rule;

                   (ii)  A concise general statement relating to the rule, including whether it is a major rule; and

                   (iii)  The proposed effective date of the rule.

              (B)  On the date of the submission of the report under subparagraph (A), the agency promulgating the rule shall submit to the Attorney General and make available to each House of the Legislature:

                   (i)  A complete copy of the cost-benefit analysis of the rule, if any;

                   (ii)  The agency's actions relevant to sections of this title;

                   (iii)  Any other relevant information or requirements under any other act and any relevant executive orders.

              (C)  Upon receipt of a report submitted under subparagraph (A), each House shall provide copies of the report to the chairman and ranking member of each standing committee with jurisdiction under the rules of the House of Representatives or the Senate to report a bill to amend the provision of law under which the rule is issued.

          (2)  (A)  The Attorney General shall provide a report on each major rule to the committees of jurisdiction in each House of the Legislation by the end of fifteen (15) calendar days after the submission or publication date.  The report of the State Auditor shall include an assessment of the agency's compliance with procedural steps required by paragraph (1)(B).

              (B)  State agencies shall cooperate with the State Auditor by providing information relevant to the State Auditor's report under subparagraph (A).

          (3)  A major rule relating to a report submitted under paragraph (1) shall take effect on the latest of:

              (A)  The later of the date occurring sixty (60) days after the date on which:

                   (i)  The Legislature receives the report submitted under paragraph (1); or

                   (ii)  The rule is published, if so published;

              (B)  If the Legislature passes a joint resolution of disapproval and the Governor signs a veto of such resolution, the earlier date:

                   (i)  On which either House of Legislature votes and fails to override the veto of the Governor; or

                   (ii)  Occurring thirty (30) session days after the date on which the Legislature received the veto and objections of the Governor; or

              (C)  The date the rule would have otherwise taken effect, if not for this section (unless a joint resolution of disapproval).

          (4)  Except for a major rule, a rule shall take effect as otherwise provided by law after submission to the Legislature under paragraph (1).

          (5)  A rule shall not take effect (or continue), if the the Legislature enacts a joint resolution of disapproval of the rule.

          (6)  A rule that does not take effect (or does not continue) under paragraph (1) may not be reissued in substantially the same form, and a new rule that is substantially the same as such a rule may not be issued, unless the reissued or new rule is specifically authorized by a law enacted after the date of the joint resolution disapproving the original rule.

     SECTION 18.  (a)  For purposes of this section, the term "joint resolution" means only a joint resolution introduced in the period beginning on the date on which the report referred to in section in this title received by the Legislature and ending sixty (60) days thereafter, the matter after the resolving clause of which is as follows:  "That the Mississippi Legislature by way of the House of Representatives and the Senate disapproves the rule submitted by the __________ relating to __________, and such rule shall have no force or effect."  (The blank spaces being appropriately filled in).

     (b)  (1)   A joint resolution described in subsection (a) shall be referred to the committees in each House of the Legislature with jurisdiction.

          (2)  For purposes of this section, the term "submission or publication date" means the later of the date on which:

              (A)  The Legislative receives the report submitted under section 801(a)(1); or

              (B)  The rule is published in the _____, if so published.

     (c)  In the Senate, if the committee to which is referred a joint resolution described in subsection (a) has not reported such joint resolution (or an identical joint resolution) at the end of twenty (20) calendar days after the submission or publication date defined under subsection (b)(2), such committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by thirty (30) Members of the Senate, and such joint resolution shall be placed on the calendar.

     (d)  (1)  In the Senate, when the committee to which a joint resolution is referred has reported, or when a committee is discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived.  The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business.  A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order.  If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of.

          (2)  In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than ten (10) hours, which shall be divided equally between those favoring and those opposing the joint resolution.  A motion further to limit debate is in order and not debatable.  An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order.

          (3)  In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur.

          (4)  Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate.

     (e)  In the Senate the procedure specified in subsection (c) or (d) shall not apply to the consideration of a joint resolution respecting a rule:

          (1)  After the expiration of the sixty (60) session days beginning with the applicable submission or publication date, or

          (2)  If the report was submitted during the applicable period, after the expiration of the sixty (60) session days beginning on the 15th session day after the succeeding session of the Legislature first convenes.

     (f)  If, before the passage by one (1) House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a), then the following procedures shall apply:

          (1)  The joint resolution of the other House shall not be referred to a committee.

          (2)  With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution:

              (A)  The procedure in that House shall be the same as if no joint resolution had been received from the other House; but

              (B)  The vote on final passage shall be on the joint resolution of the other House.

     (g)  This section is enacted by the Legislature:

          (1)  As an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and

          (2)  With full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

     (h)  No determination, finding, action, or omission under this chapter shall be subject to judicial review.

     SECTION 19.  Section 25-43-1.101 through Section 25-43-3.114, Mississippi Code of 1972, which provide for the Mississippi Administrative Procedures Law, are repealed.

     SECTION 20.  This act shall take effect and be in force from and after July 1, 2013.