State agencies; notify Legislature of proposed rule adoption.

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

By: Senator(s) Hill

SENATE BILL NO. 2278

AN ACT TO AMEND SECTION 25-43-3.103, MISSISSIPPI CODE OF 1
1972, TO REQUIRE THAT SPECIFIC NOTICE OF PROPOSED RULE ADOPTION BE 2
GIVEN TO THE LEGISLATURE BY STATE AGENCIES USING ELECTRONIC MEANS; 3
TO AMEND SECTION 25-43-3.111, MISSISSIPPI CODE OF 1972, TO 4
CONFORM; AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 25-43-3.103, Mississippi Code of 1972, is 7
amended as follows: 8
25-43-3.103. (1) At least twenty-five (25) days before the 9
adoption of a rule, an agency shall cause notice of its 10
contemplated action to be properly filed with the Secretary of 11
State for publication in the administrative bulletin. The notice 12
of proposed rule adoption must include: 13
(a) A short explanation of the purpose of the proposed 14
rule and the agency's reasons for proposing the rule; 15
(b) The specific legal authority authorizing the 16
promulgation of rules; 17
(c) A reference to all rules repealed, amended or 18
suspended by the proposed rule; 19
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(d) Subject to Section 25-43-2.101(5), the text of the 20
proposed rule; 21
(e) Where, when and how persons may present their views 22
on the proposed rule; and 23
(f) Where, when and how persons may demand an oral 24
proceeding on the proposed rule if the notice does not already 25
provide for one. 26
(2) A copy of the notice contemplated by subsection (1) of 27
this section must be emailed to all members of the Legislature at 28
no charge no later than the next business day after the notice is 29
filed with the Secretary of State. 30
( * * *3) Within three (3) days after its proper filing with 31
the Secretary of State for publication in the administrative 32
bulletin, the agency shall cause a copy of the notice of proposed 33
rule adoption to be provided to each person who has made a timely 34
request to the agency to be placed on the mailing list maintained 35
by the agency of persons who have requested notices of proposed 36
rule adoptions. An agency may mail the copy to the person and may 37
charge the person a reasonable fee for such service, which fee may 38
be in excess of the actual cost of providing the person with a 39
mailed copy. Alternatively, the agency may provide the copy via 40
the internet or by transmitting it to the person by electronic 41
means, including, but not limited to, facsimile transfer or e-mail 42
at no charge to the person, if the person consents to this form of 43
delivery. 44
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ST: State agencies; notify Legislature of
proposed rule adoption.
SECTION 2. Section 25-43-3.111, Mississippi Code of 1972, is 45
amended as follows: 46
25-43-3.111. (1) A rule adopted after July 1, 2005, is 47
invalid unless adopted in substantial compliance with the 48
provisions of Sections 25-43-3.102 through 25-43-3.110. 49
Inadvertent failure to mail a notice of proposed rule adoption to 50
any person as required by Section 25-43-3.103(2) or 25-43-3.103(3) 51
does not invalidate a rule. 52
(2) An action to contest the validity of a rule on the 53
grounds of its noncompliance with any provision of Sections 54
25-43-3.102 through 25-43-3.110 must be commenced within one (1) 55
year after the effective date of the rule. 56
SECTION 3. This act shall take effect and be in force from 57
and after July 1, 2026. 58