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SB2374 • 2026

Ending Agency Overreach Act; enact.

AN ACT TO ENACT THE ENDING AGENCY OVERREACH ACT; TO CREATE NEW SECTION 9-1-201, MISSISSIPPI CODE OF 1972, TO PROVIDE ON APPEAL, A COURT SHALL INTERPRET A STATUTE OR AGENCY RULE OR REGULATION DE NOVO; TO CREATE NEW SECTION 9-1-203, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO CIVIL PENALTY MAY BE AWARDED IN AN ACTION BROUGHT BY OR ON BEHALF OF AN ADMINISTRATIVE AGENCY OF THE STATE AGAINST ANY PERSON OR LEGAL ENTITY FOR CONDUCT THAT WOULD ALSO BE THE SUBJECT OF A SUIT AT COMMON LAW IN WHICH THE DEFENDANT WOULD BE ENTITLED TO TRIAL BY JURY, EXCEPT AFTER A TRIAL BY JURY BEFORE A CIRCUIT, COUNTY, OR CHANCERY COURT; TO AMEND SECTION 25-43-3.111, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A PERSON OR ENTITY TO CONTEST THE VALIDITY OF AN AGENCY RULE UP TO ONE YEAR AFTER THE DATE THE PERSON OR ENTITY BRINGING THE ACTION IS INJURED BY FINAL AGENCY ACTION; AND FOR RELATED PURPOSES.

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Sparks
Last action
2026-02-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

The official source material did not provide additional details about the practical implications of these changes, leaving some aspects open to interpretation.

Ending Agency Overreach Act

This bill aims to change how courts interpret state agency rules and regulations on appeal, require jury trials for certain civil penalties, and set a time limit for contesting rule validity.

What This Bill Does

  • Creates new Section 9-1-201 in the Mississippi Code, which says that when reviewing an agency's decision, courts must interpret statutes or rules without considering what the agency thinks they mean.
  • Adds new Section 9-1-203 to the code, stating that if a person is charged with breaking a rule and could also be sued for it in common law court where they would get a jury trial, no civil penalty can be given unless there was a jury trial first.
  • Amends Section 25-43-3.111 of the Mississippi Code to allow people or entities to challenge the validity of an agency rule up to one year after being harmed by final agency action.

Who It Names or Affects

  • State agencies and boards in Mississippi.
  • People who might be charged with breaking rules set by state agencies.
  • Courts that review decisions made by state agencies.

Terms To Know

de novo
A legal term meaning to start over or begin again, as if for the first time.
common law
Law based on past decisions and customs rather than written laws.

Limits and Unknowns

  • The bill did not pass in its session.
  • It only applies to administrative agencies of the state, not federal agencies or private entities.
  • Some parts of the bill may be unclear without further legal interpretation.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (S) Died In Committee

  2. 2026-01-19 Mississippi Legislative Bill Status System

    01/19 (S) Referred To Judiciary, Division A

Official Summary Text

Ending Agency Overreach Act; enact.

Current Bill Text

Read the full stored bill text 
S. B. No. 2374 *SS26/R582* ~ OFFICIAL ~ G1/2
26/SS26/R582
PAGE 1 (ens\kr)

To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Sparks

SENATE BILL NO. 2374

AN ACT TO ENACT THE ENDING AGENCY OVERREACH ACT; TO CREATE 1
NEW SECTION 9-1-201, MISSISSIPPI CODE OF 1972, TO PROVIDE ON 2
APPEAL, A COURT SHALL INTERPRET A STATUTE OR AGENCY RULE OR 3
REGULATION DE NOVO; TO CREATE NEW SECTION 9-1-203, MISSISSIPPI 4
CODE OF 1972, TO PROVIDE THAT NO CIVIL PENALTY MAY BE AWARDED IN 5
AN ACTION BROUGHT BY OR ON BEHALF OF AN ADMINISTRATIVE AGENCY OF 6
THE STATE AGAINST ANY PERSON OR LEGAL ENTITY FOR CONDUCT THAT 7
WOULD ALSO BE THE SUBJECT OF A SUIT AT COMMON LAW IN WHICH THE 8
DEFENDANT WOULD BE ENTITLED TO TRIAL BY JURY, EXCEPT AFTER A TRIAL 9
BY JURY BEFORE A CIRCUIT, COUNTY, OR CHANCERY COURT; TO AMEND 10
SECTION 25-43-3.111, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A 11
PERSON OR ENTITY TO CONTEST THE VALIDITY OF AN AGENCY RULE UP TO 12
ONE YEAR AFTER THE DATE THE PERSON OR ENTITY BRINGING THE ACTION 13
IS INJURED BY FINAL AGENCY ACTION; AND FOR RELATED PURPOSES. 14
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 15
SECTION 1. This act shall be known as and may be cited as 16
the "Ending Agency Overreach Act." 17
SECTION 2. The following shall be codified as Section 18
9-1-201, Mississippi Code of 1972: 19
9-1-201. (1) On appeal of an agency's decision, a court 20
shall interpret the statute or agency rule or regulation de novo. 21
The reviewing court shall not defer to the agency's interpretation 22
of the statute, rule or regulation. After applying all customary 23
S. B. No. 2374 *SS26/R582* ~ OFFICIAL ~
26/SS26/R582
PAGE 2 (ens\kr)

tools of interpretation, the court shall resolve any remaining 24
ambiguity against increased agency authority. 25
(2) For the purposes of this section, "agency" shall mean 26
any agency, board or commission of the state. 27
SECTION 3. The following shall be codified as Section 28
9-1-203, Mississippi Code of 1972: 29
9-1-203. No civil penalty may be awarded in an action 30
brought by or on behalf of an administrative agency board or 31
commission of the state against any person or legal entity for 32
conduct that would also be the subject of a suit at common law in 33
which the defendant would be entitled to trial by jury before a 34
circuit, county, or chancery court, except after a trial by jury 35
before a circuit, county, or chancery court. This requirement 36
does not apply to summary judgments rendered in compliance with 37
the Rules of Civil Procedure and precedents establishing the 38
standards for summary judgment. This requirement does not apply 39
to civil cases in a court proceeding in chancery court that, prior 40
to the effective date of this act, did not involve a right to a 41
jury trial. 42
SECTION 4. Section 25-43-3.111, Mississippi Code of 1972, is 43
amended as follows: 44
25-43-3.111. (1) A rule adopted after July 1, 2005, is 45
invalid unless adopted in substantial compliance with the 46
provisions of Sections 25-43-3.102 through 25-43-3.110. 47
Inadvertent failure to mail a notice of proposed rule adoption to 48
S. B. No. 2374 *SS26/R582* ~ OFFICIAL ~
26/SS26/R582
PAGE 3 (ens\kr)
ST: Ending Agency Overreach Act; enact.
any person as required by Section 25-43-3.103(2) does not 49
invalidate a rule. 50
(2) An action to contest the validity of a rule on the 51
grounds of its noncompliance with any provision of Sections 52
25-43-3.102 through 25-43-3.110 must be commenced within either 53
one (1) year after the effective date of the rule or one (1) year 54
after the date the person or entity bringing the action is injured 55
by final agency action, whichever is later. 56
SECTION 5. This act shall take effect and be in force from 57
and after July 1, 2026. 58