Bill Text: MS SB2463 | 2019 | Regular Session | Introduced
Bill Title: Executive Branch Transparency in Testimony Act; require disclosure of grant motive for advocating policy.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2019-02-05 - Died In Committee [SB2463 Detail]
Download: Mississippi-2019-SB2463-Introduced.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Accountability, Efficiency, Transparency; Appropriations
By: Senator(s) Hill
Senate Bill 2463
AN ACT TO PROVIDE THAT AGENTS OF THE EXECUTIVE BRANCH WHO ADVOCATE A POLICY REQUIRED AS A CONDITION FOR RECEIVING A GRANT SHALL DISCLOSE THE REQUIREMENT; TO PROVIDE THAT SUCH COMMUNICATIONS SHALL REFERENCE A SOURCE FOR ANY FACTUAL ASSERTION MADE IN SUPPORT OF THE POLICY, OR A STATEMENT THAT THE INFORMATION PROVIDED IS SOLELY THE OPINION OF THE EXECUTIVE BRANCH AGENCY; AND FOR RELATED PURPOSES.
WHEREAS, the Framers established, and the states ratified, the United States Constitution for purposes of protecting our rights and ensuring that citizens direct the course of government; and
WHEREAS, in order to preserve liberty, the constitutional structure rests on a system of dual sovereign governments; and
WHEREAS, under that structure, the federal government is intended to have limited powers, with the broader, residual powers being reserved for the states or the people; and
WHEREAS, the Mississippi Constitution of 1890 vests authority to control state taxation and appropriations and to establish laws governing state programs and policies in the state Legislature; and
WHEREAS, federal funding to a state in the form of grants often requires the state to surrender powers to the federal government; and
WHEREAS, many such federal grant programs require the state to conform state law to policies and programs preferred by the federal government; and
WHEREAS, the federal government often subverts the authority of the state by entering into grant agreements directly with state executive agencies without the consent, or even the knowledge, of the state Legislature or Governor; and
WHEREAS, state executive agencies may advocate before the Legislature for the adoption of legislation required as a condition for accepting federal grants; and
WHEREAS, the Legislature should have full information about the advantages and disadvantages of such legislation and about the motivations of state executive agencies in proposing or supporting them; and
WHEREAS, the Legislature establishes the following requirements that executive branch agencies must follow in testifying or advocating for policies supported or required by the federal government in connection with federal grants; NOW, THEREFORE,
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) This act shall be known as the "Executive Branch Transparency in Testimony Act."
(2) Any official of an executive branch agency, or instrumentality or contractor thereof, who appears before or otherwise communicates with any legislative committee or other legislative, executive or independent board, commission or council to advocate a policy required as a condition for receiving a grant, whether from the federal government or from any other source, shall disclose in his or her communications, either written or verbal, that the policy is required by the grant.
(3) Any executive branch agency testimony or communication described in subsection (2) of this section shall reference a source, including, but not limited to, research studies or analyses, or provide a webpage address containing such sources, for any statement of fact contained in the testimony or communication and supporting the policy or program that is the subject of the communication. If a source is not available, the agency must include in its communication, either written or verbal, that the information provided is solely the opinion of the agency.
SECTION 2. This act shall take effect and be in force from and after July 1, 2019.
