House Bill 980

AN ACT TO REQUIRE ALL STATE AGENCIES TO ABIDE BY STATE LAW; TO PROVIDE THAT NO AGENCY, BOARD, COMMISSION OR OTHER STATE ENTITY SHALL ADOPT ANY RULE, POLICY OR REGULATION THAT CONFLICTS WITH ANY CURRENT STATE LAW; TO REQUIRE THE TERMINATION OF ANY DIRECTOR, COMMISSIONER OR BOARD MEMBER WHO VOTES IN FAVOR OF, APPROVES OR ENFORCES ANY RULE, POLICY OR REGULATION THAT CONFLICTS WITH STATE LAW; TO PROVIDE THAT ANY AGENCY, BOARD, COMMISSION OR OTHER STATE ENTITY SHALL RESCIND A RULE, POLICY OR REGULATION THAT CONFLICTS WITH STATE LAW WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THE RULE, POLICY OR REGULATION; TO BRING FORWARD SECTIONS 25-43-1.101 AND 25-43-1.103, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. All state agencies shall abide by state law. No state agency, board, commission or other state entity shall adopt any rule, policy or regulation that conflicts with any current state law. Any director, commissioner or board member who votes in favor of, approves or enforces any rule, policy or regulation that conflicts with state law shall be terminated immediately. A state agency, board, commission or other state entity shall rescind any rule, policy or regulation that conflicts with state law within ninety (90) days of the effective date of the rule, policy or regulation.

SECTION 2. Section 25-43-1.101, Mississippi Code of 1972, is brought forward as follows:

25-43-1.101. (1) This chapter may be cited as the "Mississippi Administrative Procedures Law."

(2) This chapter is intended to provide a minimum procedural code for the operation of all state agencies when they take action affecting the rights and duties of the public. Nothing in this chapter shall be construed as invalidating any rule or regulation adopted before July 1, 2005, if such rule or regulation was properly adopted in accordance with the law as it existed at the time of adoption. Nothing in this chapter is meant to discourage agencies from adopting procedures providing greater protections to the public or conferring additional rights upon the public; and save for express provisions of this chapter to the contrary, nothing in this chapter is meant to abrogate in whole or in part any statute prescribing procedural duties for an agency which are greater than or in addition to those provided here. This chapter is meant to apply to all rule-making that is not specifically excluded from this chapter or some portion thereof by its express terms or by the express terms of another chapter.

The purposes of the Mississippi Administrative Procedures Law are: to provide legislative oversight of powers and duties delegated to administrative agencies; to increase public accountability of administrative agencies; to simplify government by assuring a uniform minimum procedure to which all agencies will be held in the conduct of their most important functions; to increase public access to governmental information; and to increase public participation in the formulation of administrative rules. In accomplishing its objectives, the intention of this chapter is to strike a fair balance between these purposes and the need for efficient, economical and effective government administration. This chapter is not meant to alter the substantive rights of any person or agency. Its impact is limited to procedural rights with the expectation that better substantive results will be achieved in the everyday conduct of state government by improving the process by which those results are attained.

(3) From and after July 1, 2005, any reference to the Mississippi Administrative Procedure Act, the Mississippi Administrative Procedures Act, the Mississippi Administrative Procedure Law, or the Mississippi Administrative Procedures Law, being Section 25-43-1 et seq., Mississippi Code of 1972, shall be deemed to mean and refer to this chapter.

SECTION 3. Section 25-43-1.103, Mississippi Code of 1972, is brought forward as follows:

25-43-1.103. (1) This chapter applies to all agencies and all proceedings not expressly exempted under this chapter.

(2) This chapter creates only procedural rights and imposes only procedural duties. They are in addition to those created and imposed by other statutes.

(3) Specific statutory provisions which govern agency proceedings and which are in conflict with any of the provisions of this chapter shall continue to be applied to all proceedings of any such agency to the extent of such conflict only.

(4) The provisions of this chapter shall not be construed to amend, repeal or supersede the provisions of any other law; and, to the extent that the provisions of any other law conflict or are inconsistent with the provisions of this chapter, the provisions of such other law shall govern and control.

(5) An agency may grant procedural rights to persons in addition to those conferred by this chapter so long as rights conferred upon other persons by any provision of law are not substantially prejudiced.

SECTION 4. This act shall take effect and be in force from and after July 1, 2018.