MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Constitution

By: Representative Johnson (87th)

House Concurrent Resolution 7

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO THE MISSISSIPPI CONSTITUTION OF 1890, TO AUTHORIZE THE LEGISLATURE TO REVIEW ANY ADMINISTRATIVE RULE PROMULGATED BY A STATE AGENCY AND APPROVE OR REJECT THE RULE IN WHOLE OR IN PART AFTER THE REVIEW.

     BE IT RESOLVED 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 may review any administrative rule to ensure it is consistent with the legislative intent of the statute that the rule was written to interpret, prescribe, implement or enforce.  After that review, the Legislature may approve or reject, in whole or in part, any rule as provided by general law.  Legislative approval or rejection of a rule is not subject to veto by the Governor under Section 72, Mississippi Constitution of 1890.  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 authorizes the Legislature to review any administrative rule promulgated by a state agency and approve or reject the rule, in whole or in part, after the review."