Senate Concurrent Resolution 536

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO THE MISSISSIPPI CONSTITUTION OF 1890 TO AUTHORIZE LEGISLATIVE OVERSIGHT AND VETO POWER OVER EXECUTIVE ADMINISTRATIVE REGULATIONS; AND FOR RELATED PURPOSES.

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF MISSISSIPPI, THE HOUSE OF REPRESENTATIVES CONCURRING THEREIN, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:

Section __. Legislative Jurisdiction over Executive Administrative Regulations. Whenever one quarter (1/4) of the members of the Mississippi House of Representatives or the Mississippi Senate transmits to the Governor their written declaration of opposition to any proposed or existing state agency administrative regulation, in whole or in part, it shall require a majority vote of the Mississippi House of Representatives and the Mississippi Senate to adopt or affirm that regulation. Upon the transmittal of opposition, if the Legislature shall fail to vote within one hundred eighty (180) days, such regulation shall be vacated. No proposed regulation challenged under the terms of this section shall go into effect without the approval of the Legislature. Legislative approval or rejection of a rule or regulation is not subject to a Governor's veto under Section 72 of the Constitution.

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 provides a procedure which may be followed by the Legislature to stop the implementation of any administrative regulation issued by a Mississippi state agency. This procedure is not authorized at present due to separation of governmental functions restrictions."