House Bill 494

AN ACT TO AMEND SECTIONS 25-43-3.112 AND 25-43-3.113, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AGENCY RULES AND REGULATIONS THAT AFFECT THE GENERAL PUBLIC SHALL NOT BECOME EFFECTIVE UNTIL APPROVED BY THE LEGISLATURE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-43-3.112, Mississippi Code of 1972, is amended as follows:

25-43-3.112. An agency shall file in the Office of the Secretary of State each rule it adopts and all rules existing on July 1, 2005, that have not previously been filed. The filing must be done as soon after adoption of the rule as is practicable. At the time of filing, each rule adopted after July 1, 2005, must have included in or attached to it the material set out in Section 25-43-3.109. The Secretary of State shall affix to each rule and statement a certification of the date of filing and keep a permanent register open to public inspection of all filed rules and attached material. In filing a rule, each agency shall use a standard format prescribed by the Secretary of State. The Secretary of State shall file a copy of each rule filed with him, along with his statement and certification, with the Secretary of the Senate and the Clerk of the House of Representatives.

SECTION 2. Section 25-43-3.113, Mississippi Code of 1972, is amended as follows:

25-43-3.113. (1) Except to the extent subsection (2),(3) or (4) of this section provides otherwise, each rule adopted after July 1, 2005, becomes effective thirty (30) days after its proper filing in the Office of the Secretary of State.

(2) (a) A rule becomes effective on a date later than that established by subsection (1) of this section if a later date is required by another statute or specified in the rule.

(b) A rule may become effective immediately upon its filing or on any subsequent date earlier than that established by subsection (1) of this section if the agency establishes such an effective date and finds that:

(i) It is required by Constitution, statute or court order;

(ii) The rule only confers a benefit or removes a restriction on the public or some segment thereof;

(iii) The rule only delays the effective date of another rule that is not yet effective; or

(iv) The earlier effective date is necessary because of imminent peril to the public health, safety or welfare.

(c) The finding and a brief statement of the reasons therefor required by paragraph (b) of this subsection must be made a part of the rule. In any action contesting the effective date of a rule made effective under paragraph (b) of this subsection, the burden is on the agency to justify its finding.

(d) A temporary rule may become effective immediately upon its filing or on any subsequent date earlier than that established by subsection (1) of this section.

(e) Each agency shall make a reasonable effort to make known to persons who may be affected by it a rule made effective before any date established by subsection (1) of this section.

(3) Except as provided in subsection (2) of this section, no agency rule or regulation that affects the general public shall become effective until it is approved by the Legislature.

(4) This section does not relieve an agency from compliance with any provision of law requiring that some or all of its rules be approved by other designated officials or bodies before they become effective.

SECTION 3. This act shall take effect and be in force from and after July 1, 2006.