Bill Text: MS SB2353 | 2022 | Regular Session | Introduced
Bill Title: State enforcement of federal regulations; require specific authorization by the Legislature.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2022-02-01 - Died In Committee [SB2353 Detail]
Download: Mississippi-2022-SB2353-Introduced.html
MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Judiciary, Division A; Accountability, Efficiency, Transparency
By: Senator(s) McDaniel
Senate Bill 2353
AN ACT TO PROVIDE THAT NO DEPARTMENT OR AGENCY OF THIS STATE SHALL ENFORCE ANY RULE OR REGULATION PROMULGATED BY THE FEDERAL GOVERNMENT UNLESS ENFORCEMENT IS SPECIFICALLY AUTHORIZED BY ACT OF THE LEGISLATURE; TO CREATE A JOINT COMMITTEE OF THE LEGISLATURE TO REVIEW ALL REGULATIONS OF STATE AGENCIES TO ENSURE COMPLIANCE WITH THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) To ensure that the powers reserved to this state under Amendment X to the Constitution of the United States are protected and to ensure that the federal government does not encroach on this state's status as an independent sovereign in a federal system of governance, all federal rules and regulations shall be subject to review.
(2) No department or agency of this state shall enforce any rule or regulation promulgated by any federal agency within the borders of this state unless the enforcement of such regulation is specifically approved by an act of the Legislature.
(3) No rule or regulation promulgated on or after July 1, 2022, by any department or agency of this state in conjunction with the enforcement of any regulation promulgated by any federal agency shall be enforceable unless such rule or regulation is approved by an act of the Legislature.
(4) Any existing rule or regulation promulgated before July 1, 2022, by any department or agency of this state in conjunction with the enforcement of any rule or regulation promulgated by any federal agency that is in force and effect after July 1, 2022, shall be subject to review by the Committee on Administrative Rules, established under subsection (7) of this section. The committee shall determine whether such rule or regulation shall continue to be enforced and shall make a recommendation thereof to the Legislature. The Legislature shall review all rules and regulations referred to it by the committee and shall approve or disapprove the continued enforcement of such rules or regulations. No rule or regulation that the Legislature disapproves shall be enforceable unless and until the rule or regulation is again referred to the Legislature by the committee of administrative rules and then approved by the Legislature. Any rule or regulation that the Legislature approves shall continue to be enforced unless such rule or regulation is repealed by the agency or department.
(5) There is established a permanent joint committee of the Legislature to be known as the "Committee on Administrative Rules," which shall be composed of five (5) members of the Senate and five (5) members of the House of Representatives. The Senate members of the committee shall be appointed by the Lieutenant Governor and the House members by the Speaker of the House. The appointment of each member shall continue during his term of office as a member of the Legislature unless sooner removed.
(6) The Committee on Administrative Rules shall meet within ten (10) days after its creation and organize by selecting a chairman and a vice chairman, one (1) of whom shall be a member of the Senate and one (1) of whom shall be a member of the House of Representatives. A majority of the members constitutes a quorum. Meetings of the committee may be called at such time and place as the chairman designates.
(7) The committee shall review all rules and regulations promulgated before July 1, 2022, by any federal agency or by any state agency in conjunction with the enforcement of any rule or regulation promulgated by any federal agency that are in force and effect on July 1, 2022, and determine whether such rules and regulations should continue to be enforced. In its review, the committee may take such action as it deems necessary, which may include holding hearings. The committee shall refer all reviewed rules and regulations to the Legislature with a recommendation of whether such rule or regulation should be enforceable. Any citizen of this state may request the review of any specific rule or regulation, and the committee shall review such rule or regulation.
(8) The members of the committee shall receive no compensation in addition to their salary as members of the Legislature, but may receive their necessary expenses while attending the meetings of the committee, to be paid out of the contingent fund of the respective house.
SECTION 2. This act shall take effect and be in force from and after July 1, 2022.
