Mississippi House Bill HB38

Mississippi 2023 Regular Session

• Introduced: 1/3/23
• Refer: 1/3/23
• Failed: 1/31/23

Caption

Administrative Procedures Act; amend to require proposed agency rules to be approved by the state auditor.

Impact

The implications of HB38 are significant for the rule-making process within state agencies. By mandating auditor approval for regulations impacting the public, the bill seeks to enhance accountability and transparency in regulatory practices. It requires agencies to provide justifications for rules based on various criteria, including the potential impact on public health and welfare, as well as economic considerations. The goal is to prioritize public safety while balancing regulatory costs.

Summary

House Bill 38 is designed to amend the Mississippi Code of 1972 by establishing new requirements for the effectiveness of agency rules and regulations affecting the general public. Specifically, the bill stipulates that no such rule shall take effect until it receives approval from the State Auditor or their designee. This legislative measure aims to increase oversight and ensure that proposed rules meet certain public safety and welfare criteria before being enacted.

Contention

However, the bill has sparked debate among stakeholders. Proponents argue that the additional layer of review will prevent hasty or poorly considered rules from being enacted. They believe it is a necessary step to protect the public from potentially harmful regulations. Conversely, opponents may contend that this requirement could slow down the rule-making process, hindering timely responses to urgent public health and safety issues. Critics may express concerns that the added bureaucracy could impede agencies' ability to respond effectively to imminent dangers and emergencies.