MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Judiciary, Division A

By: Senator(s) Gandy

Senate Bill 2801

AN ACT ENTITLED THE "INTRASTATE COMMERCE IMPROVEMENT ACT" TO PROHIBIT ANY COUNTY, MUNICIPALITY OR OTHER POLITICAL SUBDIVISION FROM ADOPTING AN ORDINANCE WHICH CREATES A PROTECTED CLASSIFICATION OR PROHIBITS DISCRIMINATION ON A BASIS NOT CONTAINED IN STATE LAW; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  Title.  This section shall be known and may be cited as the intrastate Commerce Improvement Act.

     (2)  Purpose.  The purpose of the Intrastate Commerce Improvement Act is to improve intrastate commerce by ensuring that businesses, organizations and employers doing business in Mississippi are subject to uniform nondiscrimination laws and obligations, irrespective of the counties, municipalities and other political subdivisions in which they are located or engage in business or commercial activity.  Such uniform laws will benefit the businesses, organizations and employers seeking to do business in our state and will attract new ones to our state.

     (3)  Prohibited conduct.  (a)  No county, municipality or other political subdivision in the state may adopt or enforce a local law, ordinance, resolution, rule or policy that creates a protected classification or prohibits discrimination on a basis not contained in state law.

          (b)  This section shall not apply to a rule or policy that pertains only to the employees of a county, municipality or other political subdivision.

          (c)  Any local law, ordinance, resolution, rule or policy adopted before the operative date of this act that violates paragraph (a) of this subsection, except those provided for by paragraph (b) of this subsection, shall be null and void.

     (4)  Severability.  If any subsection or portion of this act is declared invalid, that declaration shall not affect the validity of the remaining portions.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2015.