Senate Bill 2563

AN ACT TO AMEND SECTION 25-43-3.114, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT STATE AGENCY REGULATIONS ADOPTED UNDER FEDERAL AGREEMENTS SHALL EXPIRE ON DECEMBER 31, 2017, UNLESS READOPTED UNDER THE MISSISSIPPI ADMINISTRATIVE PROCEDURES ACT AND TO REQUIRE EACH AGENCY TO PROVIDE THE LEGISLATURE WITH A LIST OF EACH REGULATION SCHEDULED TO EXPIRE; 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. At least every five (5) years, each agency shall review all of its rules to determine whether any rule should be repealed, amended or a new rule adopted. All rules and regulatory policies that have been adopted as a result of federal agency guidance documents, federal interpretation letters or any other federal guidance or agreement, and not also adopted using the notice and comment requirements stipulated by the Administrative Procedures Act (USC Code Chapter 5), shall expire as of December 31, 2017, unless the rule has been readopted, at least sixty (60) days prior to its scheduled repeal, using the rulemaking process for formulation and adoption of a rule outlined in this chapter. No later than thirty (30) days after passage of this act, each agency shall provide the chairs of the appropriate standing committees of the Legislature with a list and summary of each rule scheduled to expire.

SECTION 2. This act shall take effect and be in force from and after its passage.