2019 Regular Session
To: Accountability, Efficiency, Transparency
By: Representatives Ford, Kinkade
AN ACT TO AMEND SECTION 25-43-3.114, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT WHEN AN AGENCY PROPOSES TO AMEND OR ADOPT A RULE, THE AGENCY MUST DEVELOP ANSWERS TO CERTAIN QUESTIONS AND POST THOSE ANSWERS ON THE AGENCY'S WEBSITE AND TRANSPARENCY MISSISSIPPI WITHIN 30 DAYS OF AMENDING OR ADOPTING THE RULE; 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 (1) At least every five (5) years, each agency shall review all of its rules to determine whether any rule should be repealed, amended or a new rule adopted.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by the Occupational Licensing Review Commission shall review all of its rules to determine whether any rule should be repealed, amended or a new rule adopted, and shall submit a report of the review to the Occupational Licensing Review Commission.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) For each rule that any agency, as defined by Section 25-9-107(d), proposes to amend or adopt, the agency must develop answers for the following questions and post such answers to the agency's website and Transparency Mississippi not later than thirty (30) days after the rule is amended or adopted:
(a) What public problem is the rule seeking to address?
(b) How does the rule address the public problem?
(c) What other state entities or rules are involved in addressing the problem and how does the proposed rule differ from the other rules or regulations already in place to address the problem?
(d) Does the rule address the problem on a statewide level or is it isolated to a particular area within the state?
(e) What specific activities will need to be carried out to enforce the rule?
(f) Was the rule promulgated in conjunction with a program that addresses a public need. If so, was the rule created in consideration of research which is evidence based, research based, a promising practice, or none of the above and why?
(g) Does the rule potentially violate federal antitrust law and, if so, how and why?
(h) Does the rule impose an undue amount of compliance cost, paperwork, or other burden on the individuals which it regulates?
(i) Are there ways to reduce compliance costs, paperwork, and other burdens associated with a rule and, if so, how?
(j) What particular outcome does the agency hope to achieve with the rule and how can the rule's success be measured and reported to the Legislature over time to assess its effectiveness?
(4) If an agency that fails to follow the provisions of subsection (3) of this section shall lose its funding for the following fiscal year unless the agency presents a reasonable explanation as to why it failed to follow the provisions of subsection (3).
SECTION 2. This act shall take effect and be in force from and after July 1, 2019.