Senate Bill 2758

AN ACT TO PROHIBIT THE CREATION OF CRIMINAL OFFENSES NOT SUBJECT TO THE STRICTURES OF BICAMERALISM AND PRESENTMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. The Legislature finds and declares that:

(a) "Regulatory body" means any governmental agency, quasi-private body, commissioner, or other official, vested with the authority to promulgate regulations of any sort enforceable by the State of Mississippi.

(b) "Rule" or "regulation" means any prohibition or requirement articulated by a regulatory body and enforceable either civilly or criminally by the State of Mississippi.

(c) "Criminal enforcement" means any enforcement action brought by the state for which the target of the enforcement action, if found guilty, can be:

(i) Imprisoned;

(ii) Labeled as a felon or misdemeanant under state law;

(iii) Fined more than Ten Thousand Dollars ($10,000.00); or

(iv) Prohibited from exercising state or federal constitutional rights, including the right to vote, keep and bear arms, and deny a law enforcement officer's request to conduct a search pursuant to the Fourth Amendment to the Constitution.

(d) "Rules eligible for criminal enforcement" means any rule promulgated pursuant to a grant of legislative authority that contains a "regulatory catchall" provision by which the rule is covered.

SECTION 2. Bicameralism and presentment required. (1) As of the effective date of this legislation, no rule or regulation covered by a "regulatory catchall" provision, except those that satisfy the requirements set out in subsection (2) of this section, may be criminally enforced.

(2) A rule or regulation may be criminally enforced if and only if it has been approved in the form of a joint resolution subject to an up and down vote by a simple majority of both houses of the Legislature, and that resolution has been signed by the Governor.

(3) Promulgated rules eligible for criminal enforcement that have not satisfied the requirements set out in subsection (2) of this section will be restricted to civil enforcement unless and until said requirements are satisfied.

(4) If no civil enforcement penalties are set out in the legislation authorizing a promulgated rule eligible for criminal enforcement, the penalties for the violation of said rule are as follows:

(a) Upon a finding of guilt by a preponderance of the evidence, a fine not exceeding One Hundred Fifty Dollars ($150.00) per violation may be levied;

(b) Failure to pay any fines levied pursuant to subsection (a) of this section can result in additional fines, a finding of contempt of court, or the suspension of a state license related to the offense charged held by the accused.

SECTION 3. This act shall take effect and be in force from and after July 1, 2020.