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MS HB1604
Bill
Status
2/4/2025
Primary Sponsor
Stacey Hobgood-Wilkes
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AI Summary
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Requires state and local government agencies to use clear and unambiguous language when specifying criteria for granting or denying licenses or permits for constitutionally protected activities, with judicial determination of clarity made without deference to the legislature or agency.
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Mandates agencies complete permit or license application reviews within 30 days and establish hearing procedures complying with Mississippi Rules of Civil Procedure and Evidence, including rights to counsel, cross-examination, subpoenas, and court reporter records.
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Places burden of proof on agencies (not applicants) to demonstrate grounds for denying permits, suspending licenses, or imposing penalties using preponderance of the evidence standard.
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Allows parties to appeal final administrative decisions to chancery court for de novo review of all legal questions and facts, with option for jury determination and ability to introduce new evidence not presented at the administrative hearing.
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Takes effect July 1, 2025.
Legislative Description
Permit Freedom Act; create to require clear criteria and appeals process on permits to engage in constitutionally protected activity.
Last Action
Died In Committee
2/4/2025