Mississippi Senate Bill SB2866

Mississippi 2023 Regular Session

• Introduced: 1/16/23
• Refer: 1/16/23
• Failed: 1/31/23

Caption

Administrative Procedures Act; amend to require agencies to solicit public comment in advance of filing.

Impact

By necessitating public comment prior to rule adoption, SB2866 aims to increase accountability among state agencies. This can empower citizens and interest groups to influence the regulatory environment by raising issues or concerns that may not be adequately addressed by the agencies alone. This step could lead to improved rulemaking procedures that better reflect the needs and insights of the public, thereby fostering a more democratic governance process.

Summary

Senate Bill 2866 modifies the Mississippi Administrative Procedures Act, specifically targeting the process by which state agencies adopt rules. Under the amended Section 25-43-3.101 of the Mississippi Code of 1972, agencies are now required to solicit public comment on potential rulemaking before officially filing a notice for proposed rule adoption. This change aims to enhance transparency and public engagement in the administrative process, allowing citizens an opportunity to provide input on rules that may affect them.

Contention

One notable point of contention surrounding SB2866 is the potential for increased bureaucratic delays as agencies may have to navigate additional steps to gather and process public input. Critics may argue that this could slow down the rulemaking process, thereby hindering timely responses to emerging issues. Advocates, however, would likely counter that the benefits of enhanced public involvement and oversight outweigh any drawbacks associated with procedural delays.