AN ACT TO CREATE NEW SECTION 25-43-3.100, MISSISSIPPI CODE OF 1972, TO REQUIRE A STATE AGENCY PROPOSING TO ADOPT A NEW RULE TO IDENTIFY AT LEAST TWO EXISTING RULES THAT WILL BE REPEALED SIMULTANEOUSLY WITH THE NEW RULE BECOMING EFFECTIVE; TO AMEND SECTION 25-43-3.102, MISSISSIPPI CODE OF 1972, TO REQUIRE AN AGENCY'S RULE-MAKING DOCKET TO INCLUDE THOSE RULES TO BE REPEALED WITH THE ADOPTION OF A PROPOSED RULE; TO AMEND SECTION 25-43-3.103, MISSISSIPPI CODE OF 1972, TO REQUIRE AN AGENCY TO INCLUDE THOSE RULES TO BE REPEALED IN ITS NOTICE OF PROPOSED RULE ADOPTION FILED WITH THE SECRETARY OF STATE FOR PUBLICATION IN THE ADMINISTRATIVE BULLETIN; TO AMEND SECTION 25-43-3.105, MISSISSIPPI CODE OF 1972, TO REQUIRE AN AGENCY'S ECONOMIC IMPACT STATEMENT RELATING TO A PROPOSED RULE ADOPTION TO INCLUDE AN ESTIMATE OF ANY OFFSET IN COSTS ASSOCIATED WITH IMPLEMENTING THE NEW RULE THAT WILL BE ACHIEVED BY THE ELIMINATION OF THOSE RULES IDENTIFIED FOR REPEAL; TO AMEND SECTION 25-43-3.110, MISSISSIPPI CODE OF 1972, TO REQUIRE AN AGENCY TO INCLUDE IN ITS RULE-MAKING RECORD THOSE RULES TO BE REPEALED WITH THE ADOPTION OF A PROPOSED RULE; TO AMEND SECTIONS 25-43-3.111, 25-43-3.113 AND 25-43-4.104, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
Impact
The implementation of HB 1023 could lead to a more efficient regulatory environment as it mandates that state agencies regularly assess and modify their rules to ensure that new regulations do not add to existing burdens. The requirement for agencies to document the rules being repealed could foster greater transparency in the rule-making process and help ensure that regulations are current and necessary. This approach is particularly beneficial for small businesses, which are often disproportionately affected by outdated or excessive regulations. By limiting the potential for an accumulation of regulations, the bill supports economic growth and compliance ease.
Summary
House Bill 1023 proposes significant amendments to the Mississippi Administrative Procedures Act by requiring state agencies to simultaneously identify and repeal at least two existing rules whenever a new rule is adopted. This requirement aims to streamline the regulatory process, reduce redundancies, and potentially ease the burden on small businesses that may be subject to compliance with multiple overlapping regulations. By amending sections of the Mississippi Code concerning rule-making procedures, the bill emphasizes a requirement that any proposed rule include an economic impact statement analyzing potential cost offsets associated with the repeal of existing rules.
Contention
However, the bill may face critique over concerns about the thoroughness of rule evaluation and potential unintended consequences. Some stakeholders may argue that the repeal requirement could result in the removal of essential regulations without adequate analysis of their importance or effectiveness. Furthermore, there could be skepticism relating to whether the economic impact statements provided by agencies will be comprehensive enough to fully capture the implications of both the new rules and the repealed ones. Ensuring that the evaluation process remains rigorous while adhering to the proposed requirements will be crucial in avoiding undermining public interest protections.