State agencies; require simultaneous repeal of two existing rules whenever proposed new rule takes effect.

H. B. No. 1023 *HR26/R575* ~ OFFICIAL ~ G1/2
26/HR26/R575
PAGE 1 (ELS\KW)

To: Accountability,
Efficiency, Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Ladner

HOUSE BILL NO. 1023

AN ACT TO CREATE NEW SECTION 25-43-3.100, MISSISSIPPI CODE OF 1
1972, TO REQUIRE A STATE AGENCY PROPOSING TO ADOPT A NEW RULE TO 2
IDENTIFY AT LEAST TWO EXISTING RULES THAT WILL BE REPEALED 3
SIMULTANEOUSLY WITH THE NEW RULE BECOMING EFFECTIVE; TO AMEND 4
SECTION 25-43-3.102, MISSISSIPPI CODE OF 1972, TO REQUIRE AN 5
AGENCY'S RULE-MAKING DOCKET TO INCLUDE THOSE RULES TO BE REPEALED 6
WITH THE ADOPTION OF A PROPOSED RULE; TO AMEND SECTION 7
25-43-3.103, MISSISSIPPI CODE OF 1972, TO REQUIRE AN AGENCY TO 8
INCLUDE THOSE RULES TO BE REPEALED IN ITS NOTICE OF PROPOSED RULE 9
ADOPTION FILED WITH THE SECRETARY OF STATE FOR PUBLICATION IN THE 10
ADMINISTRATIVE BULLETIN; TO AMEND SECTION 25-43-3.105, MISSISSIPPI 11
CODE OF 1972, TO REQUIRE AN AGENCY'S ECONOMIC IMPACT STATEMENT 12
RELATING TO A PROPOSED RULE ADOPTION TO INCLUDE AN ESTIMATE OF ANY 13
OFFSET IN COSTS ASSOCIATED WITH IMPLEMENTING THE NEW RULE THAT 14
WILL BE ACHIEVED BY THE ELIMINATION OF THOSE RULES IDENTIFIED FOR 15
REPEAL; TO AMEND SECTION 25-43-3.110, MISSISSIPPI CODE OF 1972, TO 16
REQUIRE AN AGENCY TO INCLUDE IN ITS RULE-MAKING RECORD THOSE RULES 17
TO BE REPEALED WITH THE ADOPTION OF A PROPOSED RULE; TO AMEND 18
SECTIONS 25-43-3.111, 25-43-3.113 AND 25-43-4.104, MISSISSIPPI 19
CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR 20
RELATED PURPOSES. 21
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 22
SECTION 1. The following shall be codified as Section 23
25-43-3.100, Mississippi Code of 1972: 24
25-43-3.100. Unless otherwise prohibited by law, whenever an 25
agency proposes the adoption of a rule, the agency simultaneously 26
H. B. No. 1023 *HR26/R575* ~ OFFICIAL ~
26/HR26/R575
PAGE 2 (ELS\KW)

must identify at least two (2) existing rules to be repealed on 27
the effective date of the new rule. 28
SECTION 2. Section 25-43-3.102, Mississippi Code of 1972, is 29
amended as follows: 30
25-43-3.102. (1) Each agency shall maintain a current, 31
public rule-making docket. 32
(2) The rule-making docket may, but need not, contain a 33
listing of the subject matter of possible rules currently under 34
active consideration within the agency for proposal under Section 35
25-43-3.103 and the name and address of agency personnel with whom 36
persons may communicate with respect to the matter. 37
(3) The rule-making docket must list each pending 38
rule-making proceeding. A rule-making proceeding is pending from 39
the time it is commenced, by proper filing with the Secretary of 40
State of a notice of proposed rule adoption, to the time it is 41
terminated by the filing with the Secretary of State of a notice 42
of termination or the rule becoming effective. For each pending 43
rule-making proceeding, the docket must indicate: 44
(a) The subject matter of the proposed rule; 45
(b) Citations to, and the text of, two (2) or more 46
existing rules to be repealed on the date that the proposed rule 47
becomes effective; 48
( * * *c) A citation to all published notices relating 49
to the proceeding; 50
H. B. No. 1023 *HR26/R575* ~ OFFICIAL ~
26/HR26/R575
PAGE 3 (ELS\KW)

( * * *d) Where written submissions or written requests 51
for an opportunity to make oral presentations on the proposed rule 52
or repeal of existing rules, or both, may be inspected; 53
( * * *e) The time during which written submissions may 54
be made; 55
( * * *f) If applicable, where and when oral 56
presentations may be made; 57
( * * *g) Where any economic impact statement and 58
written requests for the issuance of and other information 59
concerning an economic impact statement of the proposed rule may 60
be inspected; 61
( * * *h) The current status of the proposed rule; 62
( * * *i) The date of the rule's adoption; and 63
( * * *j) * * * The date on which the rule will become 64
effective. 65
SECTION 3. Section 25-43-3.103, Mississippi Code of 1972, is 66
amended as follows: 67
25-43-3.103. (1) At least twenty-five (25) days before the 68
adoption of a rule, an agency shall cause notice of its 69
contemplated action to be properly filed with the Secretary of 70
State for publication in the administrative bulletin. The notice 71
of proposed rule adoption must include: 72
(a) A short explanation of the purpose of the proposed 73
rule and the agency's reasons for proposing the rule; 74
H. B. No. 1023 *HR26/R575* ~ OFFICIAL ~
26/HR26/R575
PAGE 4 (ELS\KW)

(b) The specific legal authority authorizing the 75
promulgation of rules; 76
(c) A reference to all rules repealed, including the 77
two (2) or more rules to be repealed on the date the proposed rule 78
becomes effective, as required under Section 25-43-3.100, and 79
other rules amended or suspended by the proposed rule; 80
(d) Subject to Section 25-43-2.101(5), the text of the 81
proposed rule; 82
(e) Where, when and how persons may present their views 83
on the proposed rule or repeal of existing rules, or both; and 84
(f) Where, when and how persons may demand an oral 85
proceeding on the proposed rule or repeal of existing rules, or 86
both, if the notice does not already provide for one. 87
(2) Within three (3) days after its proper filing with the 88
Secretary of State for publication in the administrative bulletin, 89
the agency shall cause a copy of the notice of proposed rule 90
adoption to be provided to each person who has made a timely 91
request to the agency to be placed on the mailing list maintained 92
by the agency of persons who have requested notices of proposed 93
rule adoptions. An agency may mail the copy to the person and may 94
charge the person a reasonable fee for such service, which fee may 95
be in excess of the actual cost of providing the person with a 96
mailed copy. Alternatively, the agency may provide the copy via 97
the Internet or by transmitting it to the person by electronic 98
means, including, but not limited to, facsimile transfer or e-mail 99
H. B. No. 1023 *HR26/R575* ~ OFFICIAL ~
26/HR26/R575
PAGE 5 (ELS\KW)

at no charge to the person, if the person consents to this form of 100
delivery. 101
SECTION 4. Section 25-43-3.105, Mississippi Code of 1972, is 102
amended as follows: 103
25-43-3.105. (1) Prior to giving the notice required in 104
Section 25-43-3.103, each agency proposing the adoption of a rule 105
or significant amendment of an existing rule imposing a duty, 106
responsibility or requirement on any person shall consider the 107
economic impact the rule will have on the citizens of our state 108
and the benefits the rule will cause to accrue to those citizens. 109
For purposes of this section, a "significant amendment" means any 110
amendment to a rule for which the total aggregate cost to all 111
persons required to comply with that rule exceeds One Hundred 112
Thousand Dollars ($100,000.00). 113
(2) Each agency shall prepare a written report providing an 114
economic impact statement for the adoption of a rule or 115
significant amendment to an existing rule imposing a duty, 116
responsibility or requirement on any person, except as provided in 117
subsection (7) of this section. The economic impact statement 118
shall include the following: 119
(a) A description of the need for and the benefits 120
which will likely accrue as the result of the proposed action; 121
(b) An estimate of the cost to the agency, and to any 122
other state or local government entities, of implementing and 123
H. B. No. 1023 *HR26/R575* ~ OFFICIAL ~
26/HR26/R575
PAGE 6 (ELS\KW)

enforcing the proposed action, including the estimated amount of 124
paperwork, and any anticipated effect on state or local revenues; 125
(c) An estimate of the amount that those costs 126
determined under paragraph (b) of this subsection will be offset 127
by the elimination of the two (2) or more existing rules 128
identified for repeal pursuant to Section 25-43-3.100; 129
( * * *d) An estimate of the cost or economic benefit 130
to all persons directly affected by the proposed action; 131
( * * *e) An analysis of the impact of the proposed 132
rule on small business; 133
( * * *f) A comparison of the costs and benefits of the 134
proposed rule to the probable costs and benefits of not adopting 135
the proposed rule or significantly amending an existing rule; 136
( * * *g) A determination of whether less costly 137
methods or less intrusive methods exist for achieving the purpose 138
of the proposed rule where reasonable alternative methods exist 139
which are not precluded by law; 140
( * * *h) A description of reasonable alternative 141
methods, where applicable, for achieving the purpose of the 142
proposed action which were considered by the agency and a 143
statement of reasons for rejecting those alternatives in favor of 144
the proposed rule; and 145
( * * *i) A detailed statement of the data and 146
methodology used in making estimates required by this subsection. 147
H. B. No. 1023 *HR26/R575* ~ OFFICIAL ~
26/HR26/R575
PAGE 7 (ELS\KW)

(3) No rule or regulation shall be declared invalid based on 148
a challenge to the economic impact statement for the rule unless 149
the issue is raised in the agency proceeding. No person shall 150
have standing to challenge a rule, based upon the economic impact 151
statement or lack thereof, unless that person provided the agency 152
with information sufficient to make the agency aware of specific 153
concerns regarding the statement in an oral proceeding or in 154
written comments regarding the rule. The grounds for invalidation 155
of an agency action, based upon the economic impact statement, are 156
limited to the agency's failure to adhere to the procedure for 157
preparation of the economic impact statement as provided in this 158
section, or the agency's failure to consider information submitted 159
to the agency regarding specific concerns about the statement, if 160
that failure substantially impairs the fairness of the rule-making 161
proceeding. 162
(4) A concise summary of the economic impact statement must 163
be properly filed with the Secretary of State for publication in 164
the administrative bulletin and the period during which persons 165
may make written submissions on the proposed rule shall not expire 166
until at least twenty (20) days after the date of such proper 167
filing. 168
(5) The properly filed summary of the economic impact 169
statement must also indicate where persons may obtain copies of 170
the full text of the economic impact statement and where, when and 171
how persons may present their views on the proposed rule and 172
H. B. No. 1023 *HR26/R575* ~ OFFICIAL ~
26/HR26/R575
PAGE 8 (ELS\KW)

demand an oral proceeding on the proposed rule if one is not 173
already provided. 174
(6) If the agency has made a good-faith effort to comply 175
with the requirements of subsections (1) and (2) of this section, 176
the rule may not be invalidated on the ground that the contents of 177
the economic impact statement are insufficient or inaccurate. 178
(7) This section does not apply to the adoption of: 179
(a) Any rule which is required by the federal 180
government pursuant to a state/federal program delegation 181
agreement or contract; 182
(b) Any rule which is expressly required by state law; 183
and 184
(c) A temporary rule adopted pursuant to Section 185
25-43-3.108. 186
SECTION 5. Section 25-43-3.110, Mississippi Code of 1972, is 187
amended as follows: 188
25-43-3.110. (1) An agency shall maintain an official 189
rule-making record for each rule it (a) proposes or (b) adopts. 190
The agency has the exclusive authority to prepare and exclusive 191
authority to certify the record or any part thereof, including, 192
but not limited to, any transcript of the proceedings, and the 193
agency's certificate shall be accepted by the court and by any 194
other agency. The record must be available for public inspection. 195
(2) The agency rule-making record must contain: 196
H. B. No. 1023 *HR26/R575* ~ OFFICIAL ~
26/HR26/R575
PAGE 9 (ELS\KW)

(a) Copies of all notices of proposed rule-making or 197
oral proceedings or other publications in the administrative 198
bulletin with respect to the rule or the proceeding upon which the 199
rule is based; 200
(b) Copies of any portions of the agency's public 201
rule-making docket containing entries relating to the rule or the 202
proceeding upon which the rule is based; 203
(c) All written requests, submissions and comments 204
received by the agency and all other written materials considered 205
by the agency in connection with the formulation, proposal or 206
adoption of the rule or the proceeding upon which the rule is 207
based; 208
(d) Any official transcript of oral presentations made 209
in the proceeding upon which the rule is based or, if not 210
transcribed, any tape recording or stenographic record of those 211
presentations, and any memorandum prepared by a presiding official 212
summarizing the contents of those presentations. The word 213
"transcript" includes a written transcript, a printed transcript, 214
an audible audiotape or videotape that is indexed and annotated so 215
that it is readily accessible and any other means that the agency 216
may have by rule provided for the reliable and accessible 217
preservation of the proceeding; 218
(e) A copy of any economic impact statement prepared 219
for the proceeding upon which the rule is based; * * * 220
H. B. No. 1023 *HR26/R575* ~ OFFICIAL ~
26/HR26/R575
PAGE 10 (ELS\KW)

(f) A copy of the rule and related information set out 221
in Section 25-43-3.109 as filed in the Office of the Secretary of 222
State * * *; and 223
(g) A copy of the two (2) or more existing rules 224
identified for repeal pursuant to Section 25-43-3.100. 225
(3) The agency shall have authority to engage such persons 226
and acquire such equipment as may be reasonably necessary to 227
record and preserve in any technically and practicably feasible 228
manner all matters and all proceedings had at any rule-making 229
proceeding. 230
(4) Upon judicial review, the record required by this 231
section constitutes the official agency rule-making record with 232
respect to a rule. Except as otherwise required by a provision of 233
law, the agency rule-making record need not constitute the 234
exclusive basis for agency action on that rule or for judicial 235
review thereof. 236
SECTION 6. Section 25-43-3.111, Mississippi Code of 1972, is 237
amended as follows: 238
25-43-3.111. (1) A rule adopted after July 1, 2005, is 239
invalid unless adopted in substantial compliance with the 240
provisions of Sections 25-43-3.102 through 25-43-3.110 as those 241
sections existed on the date that the rule was adopted. In 242
addition, a rule adopted on or after July 1, 2026, is invalid 243
unless adopted in compliance with the provisions of Section 244
25-43-3.100. Inadvertent failure to mail a notice of proposed 245
H. B. No. 1023 *HR26/R575* ~ OFFICIAL ~
26/HR26/R575
PAGE 11 (ELS\KW)

rule adoption to any person as required by Section 25-43-3.103(2) 246
does not invalidate a rule. 247
(2) An action to contest the validity of a rule on the 248
grounds of its noncompliance with any provision of Sections * * * 249
25-43-3.100 through 25-43-3.110 must be commenced within one (1) 250
year after the effective date of the rule. 251
SECTION 7. Section 25-43-3.113, Mississippi Code of 1972, is 252
amended as follows: 253
25-43-3.113. (1) Except to the extent subsection (2) or (3) 254
of this section provides otherwise, each rule adopted after July 255
1, 2005, and the corresponding repeal of two (2) or more existing 256
rules, as required under Section 25-43-3.100, becomes effective 257
thirty (30) days after its proper filing in the Office of the 258
Secretary of State. 259
(2) (a) A rule becomes effective on a date later than that 260
established by subsection (1) of this section if a later date is 261
required by another statute or specified in the rule. 262
(b) A rule may become effective immediately upon its 263
filing or on any subsequent date earlier than that established by 264
subsection (1) of this section if the agency establishes such an 265
effective date and finds that: 266
(i) It is required by Constitution, statute or 267
court order; 268
(ii) The rule only confers a benefit or removes a 269
restriction on the public or some segment thereof; 270
H. B. No. 1023 *HR26/R575* ~ OFFICIAL ~
26/HR26/R575
PAGE 12 (ELS\KW)

(iii) The rule only delays the effective date of 271
another rule that is not yet effective; or 272
(iv) The earlier effective date is necessary 273
because of imminent peril to the public health, safety or welfare. 274
(c) The finding and a brief statement of the reasons 275
therefor required by paragraph (b) of this subsection must be made 276
a part of the rule. In any action contesting the effective date 277
of a rule made effective under paragraph (b) of this subsection, 278
the burden is on the agency to justify its finding. 279
(d) A temporary rule may become effective immediately 280
upon its filing or on any subsequent date earlier than that 281
established by subsection (1) of this section. 282
(e) Each agency shall make a reasonable effort to make 283
known to persons who may be affected by it a rule made effective 284
before any date established by subsection (1) of this section. 285
(3) This section does not relieve an agency from compliance 286
with any provision of law requiring that some or all of its rules 287
be approved by other designated officials or bodies before they 288
become effective. 289
SECTION 8. Section 25-43-4.104, Mississippi Code of 1972, is 290
amended as follows: 291
25-43-4.104. (1) Prior to submitting proposed permanent 292
rules for adoption, amendment, revision or revocation pursuant to 293
the Mississippi Administrative Procedures Law, the agency shall 294
comply with Section 25-43-3.105(2)( * * *e) in order to determine 295
H. B. No. 1023 *HR26/R575* ~ OFFICIAL ~
26/HR26/R575
PAGE 13 (ELS\KW)

whether the proposed rules affect small business by preparing an 296
economic impact statement that includes the following: 297
(a) An identification and estimate of the number of 298
small businesses subject to the proposed regulation; 299
(b) The projected reporting, recordkeeping and other 300
administrative costs required for compliance with the proposed 301
regulation, including the type of professional skills necessary 302
for preparation of the report or record; 303
(c) A statement of the probable effect on impacted 304
small businesses; 305
(d) A description of any less intrusive or less costly 306
alternative methods of achieving the purpose of the proposed 307
regulation, including the following regulatory flexibility 308
analysis: 309
(i) The establishment of less stringent compliance 310
or reporting requirements for small businesses; 311
(ii) The establishment of less stringent schedules 312
or deadlines for compliance or reporting requirements for small 313
businesses; 314
(iii) The consolidation or simplification of 315
compliance or reporting requirements for small businesses; 316
(iv) The establishment of performance standards 317
for small businesses to replace design or operational standards 318
required in the proposed regulation; and 319
H. B. No. 1023 *HR26/R575* ~ OFFICIAL ~
26/HR26/R575
PAGE 14 (ELS\KW)

(v) The exemption of some or all small businesses 320
from all or any part of the requirements contained in the proposed 321
regulations. 322
(2) If the economic impact statement reflects that a 323
proposed rule may have an economic effect upon small business, the 324
agency shall submit a copy of the proposed rules and the economic 325
impact statement to the committee for its review and comment 326
pursuant to the review and comment provisions of the Mississippi 327
Administrative Procedures Law. During the committee review 328
process, the director or the director's designee of the 329
promulgating agency shall be available at the request of the 330
committee for comment on the proposed regulation. 331
(3) Within the review and comment period, if the committee 332
determines that the proposed rules may have an economic effect 333
upon small business, the committee may submit to the agency its 334
comments concerning the proposed regulation including its specific 335
recommendations. 336
(4) A small business that is affected or aggrieved by final 337
agency action to enforce a rule or regulation is entitled to 338
review of agency compliance with the requirements of this act. 339
(5) To ensure that any final rule continues to minimize 340
economic impact on small businesses in a manner consistent with 341
the stated objectives of applicable statutes, each agency shall, 342
during any periodic review required by this chapter, consider the 343
following factors: 344
H. B. No. 1023 *HR26/R575* ~ OFFICIAL ~
26/HR26/R575
PAGE 15 (ELS\KW)

(a) The continued need for the rule; 345
(b) The nature of complaints or comments received 346
concerning the rule from the public; 347
(c) The complexity of the rule; 348
(d) The extent to which the rule overlaps, duplicates, 349
or conflicts with other federal, state and local governmental law 350
or rules; and 351
(e) The length of time since the rule has been 352
evaluated or the degree to which technology, economic conditions, 353
or other factors have changed in the area affected by the rule. 354
(6) If an agency's economic impact statement reflects that a 355
proposed rule will have no economic impact upon a small business, 356
or if an agency fails to file an economic impact statement and the 357
committee otherwise determines that the agency's proposed rule 358
will have an economic impact, then the committee may file its own 359
economic impact statement for the agency's proposed rule with the 360
Secretary of State and notify the appropriate agency that the 361
economic impact statement was filed. When the committee files its 362
economic impact statement, if an agency has not completed the 363
regulatory process that is required for the applicable proposed 364
rule to become final, the committee shall have an additional sixty 365
(60) days from the date of filing its economic impact statement 366
with the Secretary of State to submit its comments concerning the 367
proposed regulation and any specific recommendations to the 368
agency, for its consideration. During the additional sixty (60) 369
H. B. No. 1023 *HR26/R575* ~ OFFICIAL ~
26/HR26/R575
PAGE 16 (ELS\KW)
ST: State agencies; require simultaneous repeal
of two existing rules whenever proposed new rule
takes effect.
days' committee review process, the director of the promulgating 370
agency, or his or her designee, shall be available at the request 371
of the committee to comment on the proposed regulation. 372
SECTION 9. This act shall take effect and be in force from 373
and after July 1, 2026. 374