House Bill 375

AN ACT TO AMEND SECTION 25-43-3.114, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT ALL RULES ADOPTED UNDER THE PROVISIONS OF THE ADMINISTRATIVE PROCEDURES ACT SHALL AUTOMATICALLY REPEAL ON DECEMBER 31 OF THE FIFTH YEAR FOLLOWING THE RULE'S INITIAL ADOPTION OR ON DECEMBER 31, 2024, WHICHEVER IS APPROPRIATE, UNLESS THE RULE HAS BEEN READOPTED AT LEAST 60 DAYS BEFORE ITS SCHEDULED REPEAL; TO REQUIRE THAT BY JANUARY 15 OF EACH YEAR, EACH AGENCY SHALL PROVIDE A LIST AND SUMMARY OF EACH RULE SCHEDULED TO EXPIRE THAT YEAR TO THE CHAIRS OF THE APPROPRIATE STANDING COMMITTEES OF THE LEGISLATURE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-43-3.114, Mississippi Code of 1972, is amended as follows:

25-43-3.114. (1) At least every five (5) years, each agency shall review all of its rules to determine whether any rule should be repealed, amended or a new rule adopted.

(2) At least every three (3) years, each board subject to supervision by the Occupational Licensing Review Commission shall review all of its rules to determine whether any rule should be repealed, amended or a new rule adopted, and shall submit a report of the review to the Occupational Licensing Review Commission.

(3) All rules adopted under the provisions of this chapter after July 1, 2019, shall automatically repeal on December 31 of the fifth year following the rule's initial adoption, and every five (5) years thereafter, unless the rule has been readopted at least sixty (60) days before its scheduled repeal. Any rules that have been adopted before July 1, 2019, shall automatically repeal on December 31, 2024, and every five (5) years thereafter, unless the rule had been readopted at least sixty (60) days before its scheduled repeal. If a rule is readopted, the rule-making process for formulation and adoption of a rule outlined in this chapter shall be used. By January 15 of each year a rule is to repeal, each agency shall provide a list and summary of each rule scheduled to repeal that year to the chairs of the appropriate standing committees of the Legislature.

SECTION 2. This act shall take effect and be in force from and after July 1, 2019.