MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Constitution

By: Representatives Owen, Currie, Ford (73rd), McCarty, McLean

House Bill 1419

AN ACT TO DEFINE THE TERMS "POLITICAL SUBDIVISION" AND "STATE AGENCY"; TO REQUIRE THE ATTORNEY GENERAL TO PROVIDE A WRITTEN REPORT TO THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES AND EACH MEMBER OF THE LEGISLATURE THAT IDENTIFIES RULES ADOPTED BY ANY FEDERAL GOVERNMENT AGENCY DURING THE PREVIOUS MONTH THAT RELATES TO CERTAIN INFORMATION, WAS ADOPTED IN RESPONSE TO AN EXECUTIVE ORDER BY THE PRESIDENT OF THE UNITED STATES, VIOLATES THE RIGHTS GUARANTEED TO THE CITIZENS OF THE UNITED STATES BY THE UNITED STATES CONSTITUTION, AND PROVIDES THE STATUS OF ANY LAWSUIT FILED AGAINST THE FEDERAL GOVERNMENT RELATING TO A RULE IDENTIFIED BY SUCH REPORT OR THAT A COURT HAS FOUND TO VIOLATE THE RIGHTS GUARANTEED TO THE CITIZENS OF THE UNITED STATES BY THE UNITED STATES CONSTITUTION; TO PROHIBIT STATE AND LOCAL ENTITIES FROM COOPERATING WITH CERTAIN ACTS OF THE FEDERAL GOVERNMENT THAT VIOLATE THE UNITED STATES CONSTITUTION; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:     SECTION 1.  For purposes of this act, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:

          (a)  "Political subdivision" means any county, municipality, district, instrumentality of the state, public corporation, commission, board, agency, authority, public body, or other public entity responsible for governmental activities in geographic areas smaller than that of the state.

          (b)  "State agency" means any agency, department, institution, board, commission, council, office, bureau, division, committee or subcommittee of the state. 

     SECTION 2.  (1)  On the last day of each month, the Attorney General shall provide a written report to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and each member of the Legislature that:

          (a)  Identifies each rule adopted by a federal government agency during the previous month that:

               (i)  Relates to:

                    1.  Pandemics or other health emergencies;

                    2.  The regulation of natural resources, including coal and oil;

                    3.  The regulation of the agriculture industry; 

                    4.  The use of land;

                    5.  The regulation of the financial sector as it relates to environmental, social, or governance standards;

                    6.  The regulation of the constitutional right to keep and bear arms; or

                    7.  The free exercise of religion, including the congregating of religious practitioners;

               (ii)  Was adopted in response to an executive order by the President of the United States; or

               (iii)  Violates the rights guaranteed to the citizens of the United States by the United States Constitution; and

          (b)  Provides the status of any lawsuit filed against the federal government relating to a rule identified by any report prepared under this act, including whether a court has found the rule to violate the rights guaranteed to the citizens of the

United States by the United States Constitution.

     SECTION 3.  Notwithstanding any other law to the contrary, a state agency or political subdivision of the state shall not cooperate with a federal government agency in implementing any agency rule that has been found by a court to violate the rights guaranteed to the citizens of the United States by the United States Constitution.

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2022.