MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Judiciary A; Appropriations
By: Representatives Formby, Aldridge, Byrd, Carpenter, Chism, DeLano, Denny, Ellington, Gipson, Guice, Moore, Snowden
AN ACT TO CODIFY SECTION 5-3-1, MISSISSIPPI CODE OF 1972, TO CREATE THE "RESTORING THE 10TH AMENDMENT COMMITTEE," PRESCRIBE ITS MEMBERSHIP; TO DIRECT THE COMMITTEE TO IDENTIFY AND REPORT ON FEDERAL LAWS AND PROGRAMS WHICH HAVE BEEN PASSED BY THE UNITED STATES CONGRESS IN VIOLATION OF THE TENTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND UNFUNDED MANDATES IMPOSED BY THE FEDERAL GOVERNMENT UPON THE STATE OF MISSISSIPPI; TO AMEND SECTIONS 5-3-27 AND 5-3-29, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; TO REPEAL SECTION 5-3-31, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT IF A LEGISLATIVE COUNCIL IS ESTABLISHED, THEN IT MUST COMPLY WITH CERTAIN PROVISIONS RELATED TO A CERTAIN LEGISLATIVE COMMITTEE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Legislature finds:
(a) The 10th Article of Amendment to the Constitution of the United States (10th Amendment), ratified on December 15, 1791, states, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
(b) The 10th Amendment expressly limits the powers of the federal government to those delegated by the Constitution and reaffirms and protects the freedom of the states to exercise those that are not.
(c) The 10th Amendment reflects the opposition of the founding fathers to a federal government with expansive powers; their intention for the powers of the states to act as a check on those of the federal government; and their concern that the federal government would attempt to usurp powers intended to remain with the states.
(d) The 10th Amendment assures that the people of the United States of America and each sovereign state in the Union of States, now have, and have always had, rights the federal government may not usurp.
(e) It is the responsibility of the State of Mississippi to safeguard the 10th Amendment and to recognize that it is as vital and valuable today as on the date of its ratification.
SECTION 2. The following provision shall be codified as Section 5-3-1, Mississippi Code of 1972:
5-3-1. (1) There is created a committee to be known as the "Restoring the 10th Amendment Committee," which shall be composed of three (3) members of the Senate and three (3) members of the House of Representatives. The members of the committee from the House of Representatives shall be appointed by the Speaker of the House of Representatives, and the members of the committee from the Senate shall be appointed by the Lieutenant Governor. The appointments shall be made as soon as practicable after the effective date of this act. After the appointments have been made, the committee shall meet and organize by electing one (1) of its members as chair, one (1) of its members as vice chair, and one (1) of its members as secretary. The term of office of the members of the committee shall be concurrent with their term as members of the Legislature, in the discretion of the appointing officer. Vacancies occurring on the committee shall be filled by appointment by the Speaker or the Lieutenant Governor, as the case may be.
(2) The "Restoring the 10th Amendment Committee" created by this act shall make a study of unconstitutional activities in this state as defined in Section 5-3-29 and of unfunded mandates imposed by the federal government upon the State of Mississippi. During any period when a proposed federal rule is required under Chapter 5, Title 5, United States Code, to be open for public comment, the "Restoring the 10th Amendment Committee" may file with the head of the agency proposing the rule a legal brief challenging the constitutionality of the proposed rule under the 10th Article of Amendment to the Constitution.
(3) The committee shall keep full and complete minutes and records of all its proceedings and actions, which shall be open to inspection by any member of the Legislature at any reasonable time during the regular hours of a business day.
(4) The committee may meet at any time, whether the Legislature is in session or not.
(5) The committee may issue subpoenas and examine witnesses, require the appearance of any person and the production of any paper or document as evidence, order the attendance of any witness or the production of any paper, and issue all necessary service of process which shall be signed by the committee chair, vice chair or secretary and shall be directed to the sheriff of any county, the bailiff or process server acting for the committee, or the deputy of either. Obedience to the service of process may be enforced by the attachment of the persons, papers and records subpoenaed. If any person willfully refuses to appear before the committee or to produce any paper or record in obedience to any process issued and served, then the committee may enforce obedience by fine or imprisonment, in the discretion of the committee; however, the term of any imprisonment may not extend beyond ten (10) days after the reconvening of the Legislature in regular or extraordinary session, unless the Legislature provides otherwise by concurrent resolution.
(6) The committee may employ counsel and set his or her compensation in a reasonable amount in its discretion.
(7) The committee shall develop and make a report of its findings to the members of the Mississippi congressional delegation and to every regular session of the Legislature along with whatever recommended legislation it deems necessary.
SECTION 3. Section 5-3-27, Mississippi Code of 1972, is amended as follows:
5-3-27. The "Restoring the 10th Amendment Committee" * * * shall * * * make a study of unconstitutional activities in this state as defined in Section 5-3-29 and of unfunded mandates imposed by the federal government upon the State of Mississippi.
SECTION 4. Section 5-3-29, Mississippi Code of 1972, is amended as follows:
5-3-29. "Unconstitutional activities" mean laws or programs enacted by the United States Congress about which the committee has determined that the federal government has overstepped its constitutional authority by passing legislation regarding matters within the powers of the states or the people under the 10th Article of Amendment to the United States Constitution. These activities specifically include legislation relating to health care, financial reform, gun control, or any other legislation not provided for or sanctioned by the Constitution of the State of Mississippi or * * * the United States.
SECTION 5. Section 5-3-31, Mississippi Code of 1972, which provides for a legislative council, is repealed.
SECTION 6. This act shall take effect and be in force from and after July 1, 2011.