Senate Bill 2786

AN ACT TO ENACT THE ENDING AGENCY OVERREACH ACT; TO CREATE NEW SECTION 9-1-201, MISSISSIPPI CODE OF 1972, TO PROVIDE ON APPEAL, A COURT SHALL INTERPRET A STATUTE OR AGENCY RULE OR REGULATION DE NOVO; TO CREATE NEW SECTION 9-1-203, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO CIVIL PENALTY MAY BE AWARDED IN AN ACTION BROUGHT BY OR ON BEHALF OF AN ADMINISTRATIVE AGENCY OF THE STATE AGAINST ANY PERSON OR LEGAL ENTITY FOR CONDUCT THAT WOULD ALSO BE THE SUBJECT OF A SUIT AT COMMON LAW IN WHICH THE DEFENDANT WOULD BE ENTITLED TO TRIAL BY JURY, EXCEPT AFTER A TRIAL BY JURY BEFORE A CIRCUIT, COUNTY, OR CHANCERY COURT; TO AMEND SECTION 25-43-3.111, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A PERSON OR ENTITY TO CONTEST THE VALIDITY OF AN AGENCY RULE UP TO ONE YEAR AFTER THE DATE THE PERSON OR ENTITY BRINGING THE ACTION IS INJURED BY FINAL AGENCY ACTION; AND FOR RELATED PURPOSES.

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

SECTION 1. This act shall be known as and may be cited as the "Ending Agency Overreach Act."

SECTION 2. The following shall be codified as Section 9-1-201, Mississippi Code of 1972:

9-1-201. (1) On appeal of an agency's decision, a court shall interpret the statute or agency rule or regulation de novo. The reviewing court shall not defer to the agency's interpretation of the statute, rule or regulation. After applying all customary tools of interpretation, the court shall resolve any remaining ambiguity against increased agency authority.

(2) For the purposes of this section, "agency" shall mean any agency, board or commission of the state.

SECTION 3. The following shall be codified as Section 9-1-203, Mississippi Code of 1972:

9-1-203. No civil penalty may be awarded in an action brought by or on behalf of an administrative agency board or commission of the state against any person or legal entity for conduct that would also be the subject of a suit at common law in which the defendant would be entitled to trial by jury before a circuit, county, or chancery court, except after a trial by jury before a circuit, county, or chancery court. This requirement does not apply to summary judgments rendered in compliance with the Rules of Civil Procedure and precedents establishing the standards for summary judgment. This requirement does not apply to civil cases in a court proceeding in chancery court that, prior to the effective date of this act, did not involve a right to a jury trial.

SECTION 4. Section 25-43-3.111, Mississippi Code of 1972, is amended as follows:

25-43-3.111. (1) A rule adopted after July 1, 2005, is invalid unless adopted in substantial compliance with the provisions of Sections 25-43-3.102 through 25-43-3.110. Inadvertent failure to mail a notice of proposed rule adoption to any person as required by Section 25-43-3.103(2) does not invalidate a rule.

(2) An action to contest the validity of a rule on the grounds of its noncompliance with any provision of Sections 25-43-3.102 through 25-43-3.110 must be commenced within either one (1) year after the effective date of the rule or one (1) year after the date the person or entity bringing the action is injured by final agency action, whichever is later.

SECTION 5. This act shall take effect and be in force from and after July 1, 2025.