MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Appropriations

By: Representatives Smith (35th), Cummings, Gadd, Howell, Moore, Rotenberry, Smith (39th)

AN ACT CREATE THE FAMILY IMPACT STUDY LAW; TO REQUIRE STATE AGENCIES TO ASSESS THE IMPACT OF PROPOSED AGENCY ACTIONS ON FAMILY WELL-BEING; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act shall be known and may be cited as the "Family Impact Study Law."

SECTION 2. For the purposes of this act, the term "family" means:

(a) A group of individuals related by blood, marriage or adoption who live together as a single household; and

(b) Any individual who is not a member of such group, but who is related by blood, marriage or adoption to a member of such group, and over half of whose support in a calendar year is received from such group.

SECTION 3. Before implementing policies or regulations that may affect family well-being, each agency of the state shall assess such action to determine whether:

(a) The action strengthens or erodes the stability of the family and the marital commitment;

(b) The action strengthens or erodes the authority and rights of parents in the education, nurture and supervision of their children;

(c) The action helps the family perform its functions or substitutes governmental activity for the function;

(d) The action increases or decreases disposable family income;

(e) The proposed benefits of the action justify the financial impact on the family;

(f) The action may be carried out by the family; and

(g) The action establishes an implicit or explicit policy concerning:

(i) The status of the family; and

(ii) The relationship between the behavior and personal responsibility of youth and the norms of society.

SECTION 4. (1) The executive officer of each state agency shall:

(a) Submit a written certification to the executive officer of the Department of Finance and Administration that a proposed policy or regulation of the agency has been assessed in accordance with Section 1 of this act; and

(b) Provide an adequate rationale for the implementation of each proposed policy or regulation that may negatively affect family well-being.

(2) It shall be the duty of the executive director of the Department of Finance and Administration to:

(a) Ensure that policies and regulations proposed by an agency are implemented consistent with this act; and

(b) Compile, index and submit annually to the Mississippi Legislature the written certification received pursuant to subsection (1)(a) of this section.

SECTION 5. The executive officer of the Department of Finance and Administration shall:

(a) Assess proposed policies and regulations of state agencies in accordance with this act;

(b) Provide evaluations of policies and regulations that may affect family well-being to the Mississippi Legislature; and

(c) Advise the Governor on policy and regulatory actions that may be taken to strengthen the institutions of marriage and family in the state.

SECTION 6. Upon the request of a member of the Mississippi Legislature relating to a proposed policy or regulation, an agency shall conduct an assessment of such policy or regulation in accordance with Section 1 of this act and also shall provide a certification and rationale in accordance with Section 2 of this act.

SECTION 7. This act shall take effect and be in force from and after July 1, 1998.