MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Judiciary A

By: Representative Smith (35th)

AN ACT TO AMEND SECTION 25-43-6, MISSISSIPPI CODE OF 1972, TO REQUIRE STATE AGENCIES, DEPARTMENTS AND BOARDS IN THE EXECUTIVE BRANCH TO CONSIDER THE IMPACT ON FAMILY FORMATION, STABILITY AND AUTONOMY OF ANY POLICIES, RULES OR REGULATIONS THAT THEY PROPOSE FOR ADOPTION UNDER THE ADMINISTRATIVE PROCEDURES ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-43-6, Mississippi Code of 1972, is amended as follows:

25-43-6. (1) Prior to giving the notice required in Section 25-43-7, each agency proposing the adoption of a rule or significant amendment of an existing rule imposing a duty, responsibility or requirement on any person shall consider the economic impact the rule will have on the citizens of our state and the benefits the rule will cause to accrue to those citizens. For purposes of this section, a "significant amendment" means any amendment to a rule for which the total aggregate cost to all persons required to comply with that rule exceeds One Hundred Thousand Dollars ($100,000.00).

(2) Each agency shall prepare a written report providing an economic impact statement for the adoption of a rule or significant amendment to an existing rule imposing a duty, responsibility or requirement on any person, except as provided in subsection (5) of this section. The economic impact statement shall include the following:

(a) A description of the need for and the benefits which will likely accrue as the result of the proposed action;

(b) An estimate of the cost to the agency, and to any other state or local government entities, of implementing and enforcing the proposed action, including the estimated amount of paperwork, and any anticipated effect on state or local revenues;

(c) An estimate of the cost or economic benefit to all persons directly affected by the proposed action;

(d) An analysis of the impact of the rule on small business;

(e) A comparison of the costs and benefits of the proposed rule to the probable costs and benefits of not adopting the proposed rule or significantly amending an existing rule;

(f) A determination of whether less costly methods or less intrusive methods exist for achieving the purpose of the proposed rule where reasonable alternative methods exist which are not precluded by law;

(g) A description of reasonable alternative methods, where applicable, for achieving the purpose of the proposed action which were considered by the agency and a statement of reasons for rejecting those alternatives in favor of the proposed rule; and

(h) A detailed statement of the data and methodology used in making estimates required by this subsection.

(3) No rule or regulation shall be declared invalid based on a challenge to the economic impact statement for the rule unless the issue is raised in administrative proceedings before the agency. No person shall have standing to challenge a rule, based upon the economic impact statement or lack thereof, unless that person provided the agency with information sufficient to make the agency aware of specific concerns regarding the statement in a public meeting or hearing held by the agency or in written comments regarding the rule. The grounds for invalidation of an agency action, based upon the economic impact statement, are limited to the agency's failure to adhere to the procedure for preparation of the economic impact statement as provided in this section, or the agency's failure to consider information submitted to the agency regarding specific concerns about the statement, if that failure substantially impairs the fairness of the rule-making proceeding.

(4) In addition to the requirements of subsections (1) through (3) of this section, each agency in the executive branch, in the formulation and implementation of any policy, rule or regulation that the agency proposes to adopt, shall consider the impact of that policy, rule or regulation on family formation, stability and autonomy in light of the following questions:

(a) Does this action by government strengthen or erode the stability of the family and, particularly, the marital commitment?

(b) Does this action strengthen or erode the authority and rights of parents in the education, nurture and supervision of their children?

(c) Does this action help the family perform its functions or does it substitute governmental activity for the function?

(d) Does this action by government increase or decrease family earnings? Do the proposed benefits of this action justify the impact on the family budget?

(e) Can this action be carried out by a lower level of government or by the family itself?

(f) What message, intended or otherwise, does this action send to the public concerning the status of the family?

(g) What message does this action send to young people concerning the relationship between their behavior, their personal responsibility and the norms of our society?

This subsection shall not be construed to confer a right or benefit, substantive or procedural, enforceable at law by any party against the state, its agencies, officers or any other person.

(5) This section does not apply to the adoption or significant amendment of:

(a) Any rule which is required by the federal government pursuant to a state/federal program delegation agreement or contract;

(b) Any rule which is expressly required by state law;

(c) An emergency rule adopted pursuant to Section 25-43-7(2); and

(d) Any rule for which the notice required in Section 25-43-7 has been given prior to the effective date of this act.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.