AN ACT TO AMEND SECTION 25-43-3.103, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT THE NOTICE OF A STATE AGENCY'S PROPOSED RULE ADOPTION INCLUDE HOW MUCH THE PROPOSED RULE WILL COST THE STATE; TO REQUIRE THAT A COPY OF THE NOTICE OF PROPOSED RULE ADOPTION BE PROVIDED TO EACH MEMBER OF THE MISSISSIPPI LEGISLATURE IF THE ESTIMATED COST OF THE PROPOSED RULE IS $200,000.00 OR MORE PER YEAR OR $600,000.00 OR MORE OVER THREE YEARS; TO AMEND SECTION 25-43-3.105, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT A SUMMARY OF THE ECONOMIC IMPACT STATEMENT AND THE PROPOSED RULE SHALL BE FORWARDED TO EACH MEMBER OF THE LEGISLATURE AT NO COST TO THE MEMBER IF THE ESTIMATED COST OF THE PROPOSED RULE IS $200,000.00 OR MORE PER YEAR OR $600,000.00 OR MORE OVER THREE YEARS; TO AUTHORIZE THE LEGISLATURE TO REVIEW, MAKE OBJECTIONS TO, AND MAKE WRITTEN RECOMMENDATIONS FOR CHANGES TO A PROPOSED RULE; TO PROVIDE THAT SUCH A RULE WILL NOT BECOME EFFECTIVE UNLESS APPROVED BY THE GOVERNOR; TO AMEND SECTION 25-43-3.106, MISSISSIPPI CODE OF 1972, TO REQUIRE THE AGENCY TO CONSIDER ANY OBJECTION OR RECOMMENDATION MADE BY THE LEGISLATURE BEFORE A PROPOSED RULE IS ADOPTED; TO AMEND SECTION 25-43-3.110, MISSISSIPPI CODE OF 1972, TO REQUIRE THE AGENCY TO INCLUDE THE GOVERNOR'S APPROVAL OR OBJECTION TO THE RULE IN THE RULE-MAKING RECORD; TO AMEND SECTION 25-43-3.111, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A RULE IS INVALID UNLESS ADOPTED IN SUBSTANTIAL COMPLIANCE WITH THE ADMINISTRATIVE PROCEDURES ACT AS IT EXISTED ON THE DATE THAT THE RULE WAS ADOPTED; TO AMEND SECTIONS 25-43-3.112 AND 25-43-3.113, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
Impact
This bill aims to facilitate a more accountable and transparent process in the adoption of administrative rules by ensuring that state legislators are informed about the financial implications of proposed rules before they take effect. By obligating agencies to provide detailed economic assessments, supporters argue that HB 16 enhances the legislative oversight of agency actions. The act requires the Governor's approval for costly rules, which could lead to a more integrated decision-making process between different branches of state government, as it intertwines the executive's authority with legislative insight.
Summary
House Bill 16 amends various sections of the Mississippi Code to enhance transparency in the rule-making process of state agencies. Specifically, it mandates that any proposed rule that incurs an estimated cost of $200,000 or more per year, or $600,000 over three years, must include a detailed cost estimate in the public notice. Additionally, copies of this notice must be distributed to every member of the Mississippi Legislature, allowing for greater legislative scrutiny. If the proposed rule meets or exceeds the specified cost thresholds, the legislation further requires a summary of the economic impact statement to be forwarded to these legislative members at no cost.
Contention
Opponents may view HB 16 as potentially hampering the efficiency of state agencies by introducing additional bureaucratic steps. While proponents argue that this oversight is necessary to prevent unfunded mandates and fiscal irresponsibility, detractors caution that it could delay essential regulations needed for timely governance. The requirement for Governor approval on significant rules raises questions about executive influence over administrative actions, with critics pointing out the potential for politicizing rule-making processes that should ideally be neutral and focused on public welfare.