MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Public Health and Welfare

By: Representatives Holland, Stevens, Moody

AN ACT TO PROVIDE FOR THE REVIEW OF PROPOSED RULES OF THE STATE BOARD OF HEALTH BY THE PUBLIC HEALTH AND WELFARE COMMITTEES OF THE HOUSE AND THE SENATE BEFORE THE RULES MAY BECOME EFFECTIVE; TO REQUIRE THE BOARD TO GIVE NOTICE AND COPIES OF THE PROPOSED RULES TO THE COMMITTEES AT LEAST 30 DAYS BEFORE THE BOARD INTENDS TO ADOPT, AMEND OR REPEAL ANY RULES; TO AUTHORIZE THE COMMITTEES TO HOLD MEETINGS AND PUBLIC HEARINGS TO REVIEW THE PROPOSED RULES; TO PROVIDE THAT THE COMMITTEES OR ANY COMMITTEE MEMBER MAY OBJECT TO A PROPOSED RULE OR ANY PART THEREOF AND SHALL GIVE THE BOARD THE REASONS FOR THE OBJECTION; TO PROVIDE THAT THE COMMITTEES OR ANY COMMITTEE MEMBER MAY MAKE RECOMMENDATIONS TO THE BOARD FOR SUGGESTED CHANGES TO A PROPOSED RULE; TO PROVIDE THAT IF THE COMMITTEES DO NOT HOLD MEETINGS TO REVIEW A PROPOSED RULE, THE RULE WILL TAKE EFFECT AT THE REGULAR TIME; TO PROVIDE THAT IF THERE ARE OBJECTIONS TO A PROPOSED RULE AND THE BOARD DOES NOT MAKE ANY OF THE SUGGESTED CHANGES TO THE RULE, THE RULE WILL TAKE EFFECT 30 DAYS AFTER THE COMMITTEES HAVE CONCLUDED THEIR MEETINGS TO REVIEW THE RULE; TO PROVIDE THAT IF THE BOARD MAKES ANY OF THE SUGGESTED CHANGES TO THE PROPOSED RULE, THE RULE WILL TAKE EFFECT 30 DAYS AFTER THE BOARD HAS FILED A COPY OF THE REVISED RULE WITH THE SECRETARY OF STATE; TO SPECIFY CERTAIN CRITERIA THAT THE COMMITTEES ARE TO CONSIDER IN DETERMINING WHETHER TO OBJECT TO ANY PROPOSED RULE; TO PROVIDE THAT NOTHING IN THIS ACT SHALL BE CONSTRUED AS GIVING THE COMMITTEES ANY AUTHORITY TO VETO, NULLIFY OR AMEND ANY RULE OR PROPOSED RULE OF THE BOARD; TO AMEND SECTIONS 25-43-7, 25-43-9 AND 41-3-17, MISSISSIPPI CODE OF 1972, IN CONFORMITY WITH THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) As used in this section, the term "rule" shall be defined as provided in Section 25-43-3. For the purposes of this section, any reference to a proposed rule or the proposed adoption of a rule includes a proposed amendment or repeal of a rule.

(2) (a) Whenever the State Board of Health proposes the adoption, amendment or repeal of any rule after June 30, 2000, the board shall give notice to the chairmen and other members of the Public Health and Welfare Committees of the House of Representatives and the Senate (referred to in this section as "the committees") at least thirty (30) days before the board's intended action.

(b) The board shall furnish each member of the committees with a copy of each proposed rule along with the notice provided under paragraph (a) of this subsection. If the board has prepared an economic impact statement regarding any proposed rule as provided by Section 25-43-6, the board shall furnish each member of the committees with a copy of the economic impact statement along with the copy of the proposed rule. The board also shall provide a copy of any proposed rule or any economic impact statement to any other member of the Legislature upon request.

(c) The language of a proposed rule in the copies provided to the members of the committees and other members of the Legislature shall be as follows: New language added to an existing rule shall be underlined, and language to be deleted from an existing rule shall be typed and lined through.

(3) (a) The committees may hold meetings to review any proposed rule. If the committees decide to hold meetings to review a proposed rule, they shall notify the board of their intentions in writing within fifteen (15) days after receipt of the notice from the board under subsection (2)(a) of this section, and shall set the dates and times for the meetings in the notice to the board. The committees may hold public hearings on any proposed rule as part of their meetings.

(b) After any meetings have been held, the committees may object to the proposed rule or any part thereof. The committees shall consider the criteria specified in subsection (5) of this section in determining whether to object to any proposed rule. The committees shall notify the board of any objection and shall provide the board with the reasons for their objection in writing. The committees may make written recommendations to the board for suggested changes to be made to any proposed rule.

(c) Regardless of whether the committees object, any individual member of either committee may object to the proposed rule or any part thereof after the meetings have been held. Any such member shall notify the board of any objection and shall provide the board with the reasons for his or her objection in writing. Any such member may make written recommendations to the board for suggested changes to be made to any proposed rule.

(d) If the committees do not hold meetings to review a proposed rule, the proposed rule will take effect at the time specified in Section 25-43-9(2).

(e) Any reference in this subsection (3) to "the committees" means either committee or both committees jointly.

(4) (a) If there are any objections to a proposed rule or any part thereof from the committees or any member of the committees, the board may withdraw the proposed rule, make any of the suggested changes to the proposed rule that have been recommended by the committees or any member of the committees, or leave the proposed rule unchanged. As used in this paragraph (a), the term "the committees" means either committee or both committees jointly.

(b) If the board does not make any of the suggested changes to the proposed rule, it shall notify the members of the committees of that fact, and the proposed rule shall take effect thirty (30) days after the committees have concluded their meetings to review the proposed rule, or on such later date as required by statute or specified in the proposed rule.

(c) If the board makes any of the suggested changes to the proposed rule, the proposed rule shall take effect thirty (30) days after the board has filed a copy of the revised proposed rule with the Office of the Secretary of State, or on such later date as required by statute or specified in the proposed rule.

(d) No proposed rule, except an emergency rule adopted under Section 25-43-7(2), shall be effective any earlier than thirty (30) days after the committees have concluded their meetings to review the proposed rule.

(5) In determining whether to object to any proposed rule, the committees shall consider, at a minimum, the following criteria:

(a) Would the absence of the rule significantly harm or endanger the public health, safety, or welfare?

(b) Is there a reasonable relationship between the state's police power and the protection of the public health, safety, or welfare?

(c) Is there another, less restrictive method of regulation available that could adequately protect the public?

(d) Does the rule have the effect of directly or indirectly increasing the costs of any goods or services involved and, if so, to what degree?

(e) Is the increase in cost, if any, more harmful to the public than the harm that might result from the absence of the rule?

(f) Are all facets of the rulemaking process designed solely for the purpose of, and do they have as their primary effect, the protection of the public?

(g) Any other criteria the committees may deem appropriate.

(6) Nothing in this section shall be construed as giving the committees any authority to veto, nullify or amend any rule or proposed rule of the board. The authority of the committees under this section shall be limited to reviewing, making objections to and making recommendations for suggested changes to proposed rules.

SECTION 2. Section 25-43-7, Mississippi Code of 1972, is amended as follows:

(2) If an agency finds that an imminent peril to the public health, safety or welfare requires adoption of a rule upon fewer than thirty (30) days' notice and states in writing its reasons for that finding, it may proceed without prior notice of hearing or upon any abbreviated notice and hearing that it finds practicable to adopt an emergency rule. The rule may be effective for a period of not longer than one hundred twenty (120) days, renewable once for a period not exceeding ninety (90) days, but the adoption of an identical rule under subsection (1) of this section is not precluded.

(3) No rule hereafter adopted is valid unless adopted in substantial compliance with this section. A proceeding to contest any rule on the ground of noncompliance with the procedural requirements of this section must be commenced within one (1) year from the effective date of the rule.

SECTION 3. Section 25-43-9, Mississippi Code of 1972, is amended as follows:

25-43-9. (1) Each agency shall file in the Office of the Secretary of State a certified copy of each rule adopted by it, including all rules existing on January 1, 1977. The Secretary of State shall keep a permanent register of the rules open to public inspection.

(2) Each rule hereafter adopted is effective thirty (30) days after filing, except that:

(a) If a later date is required by statute or specified in the rule, the later date is the effective date.

(b) Subject to applicable constitutional or statutory provisions, an emergency rule becomes effective immediately upon filing with the Secretary of State, or at a stated date less than thirty (30) days thereafter if the agency finds that this effective date is necessary because of imminent peril to the public health, safety or welfare. The agency's finding and a brief statement of the reasons therefor shall be filed with the rule. The agency shall take appropriate measures to make emergency rules known to the persons who may be affected by them.

(c) Any adoption, amendment or repeal of a rule by the State Board of Health shall be effective at the time specified in Section 1 of this act.

SECTION 4. Section 41-3-17, Mississippi Code of 1972, is amended as follows:

41-3-17. The State Board of Health is authorized to make and publish all reasonable rules and regulations necessary to enable it to discharge its duties and powers and to carry out the purposes and objectives of its creation. It is further authorized to make reasonable sanitary rules and regulations, to be enforced in the several counties by the county health officer under the supervision and control of the State Board of Health. In making its rules and regulations, the State Board of Health shall be subject to the provisions of Section 1 of this act.

The State Board of Health shall not make or enforce any rule or regulation that prohibits consumers from providing their own containers for the purpose of purchasing or accepting water from any vending machine or device which filters or treats water that has already been tested and determined to meet or exceed the minimum health protection standards prescribed for drinking water under the Mississippi Safe Drinking Water Law, if that vending machine or device meets or exceeds United States Environmental Protection Agency or national automatic merchandising standards.

SECTION 5. This act shall take effect and be in force from and after July 1, 2000.