MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Constitution

By: Representative Henley

House Concurrent Resolution 19

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO THE MISSISSIPPI CONSTITUTION OF 1890 TO REQUIRE THE LEGISLATURE TO REVIEW EACH ADMINISTRATIVE RULE PROMULGATED BY A STATE AGENCY WHICH WOULD EFFECT THE STATE BUDGET BY TEN PERCENT OR MORE; TO PROVIDE THAT ANY SUCH RULE WOULD BECOME EFFECTIVE AT THE END OF THE NEXT LEGISLATIVE SESSION UNLESS THE LEGISLATURE DISAPPROVES OF THE RULE BY A RESOLUTION ADOPTED BY BOTH HOUSES; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:

     Amend the Mississippi Constitution of 1890 by creating a new section to read as follows:

     "Section .  The Legislature shall review * * * any each administrative rule promulgated by a state agency * * * that which would positively or negatively effect the state budget by ten percent (10%) or more in any fiscal year.  * * * Such The administrative rule * * * shall may not become effective until the end of the next legislative session held after the promulgation of the rule, after which, the rule * * * shall be in will take full force and effect unless a resolution is adopted by both houses disapproving of * * * such the rule.  The Legislature shall provide, by general law, for the implementation of this section."

     BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2018, as provided by Section 273 of the Constitution and by general law.

     BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows:  "This proposed constitutional amendment requires the Legislature to review * * *any each administrative rule promulgated by a state agency * * *that which would effect the state budget by ten percent (10%) or more.  Any such rule would become effective at the end of the next legislative session * * *, unless the Legislature disapproves of the rule by a resolution adopted by both houses.  The proposed amendment also requires the Legislature to enact general law to implement the requirements of this section."