MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Judiciary A
By: Representative Brown (20th)
AN ACT TO CREATE THE "LEGISLATIVE OVERSIGHT ACT"; TO REGULATE THE AUTHORITY OF PUBLIC OFFICIALS TO SETTLE ACTIONS THAT CONFLICT WITH THE MISSISSIPPI CONSTITUTION OR STATE LAW; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as, the "Legislative Oversight Act."
SECTION 2. (1) In any civil action in a state or federal court, no public official, including any attorney representing or acting on behalf of a public official, has any authority to compromise or settle the action, consent to any condition, or agree to any order in connection therewith if the compromise, settlement, condition, or order nullifies, suspends, enjoins, alters, or conflicts with any provision of the Mississippi Code of 1972, Annotated.
(2) Any compromise, settlement, condition, or order to which a public official agrees that conflicts with Mississippi law is void and has no legal effect.
(3) Nothing in this section shall be construed to limit or otherwise restrict any powers granted by the Mississippi Constitution.
(4) When a party to an action in state or federal court challenges the constitutionality of a statute, facially or as applied, challenges a statute as violating or preempted by federal law, or otherwise challenges the construction or validity of a statute, as part of a claim or affirmative defense, that party must provide a copy of the pleading to the Speaker of the Mississippi House of Representatives and the President of the Senate within fourteen (14) days of filing the pleading with the court. The Speaker of the Mississippi House of Representatives and the President of the Senate may intervene to defend against the action at any time in the action as a matter of right by serving motion upon the parties as provided in the Mississippi Rules of Civil Procedure.
(5) The Speaker of the Mississippi House of Representatives may intervene at any time in the action on behalf of the House of Representatives. The Speaker may obtain legal counsel other from the Attorney General, with the cost of representation paid from funds appropriated for that purpose, to represent the House of Representatives in any action in which the Speaker intervenes.
(6) The President of the Senate may intervene at any time in the action on behalf of the Senate. The President may obtain legal counsel other than from the Attorney General, with the cost of representation paid from funds appropriated for that purpose, to represent the Senate in any action in which the President intervenes.
(7) The President of the Senate and the Speaker of the Mississippi House of Representatives, acting
jointly, may intervene at any time in the action on behalf of the general assembly. The President and the Speaker, acting jointly, may obtain legal counsel other than from the Attorney General, with the cost of representation paid from funds appropriated for that purpose, to represent the general assembly in any action in which the President and Speaker jointly intervene.
(8) No individual member, or group of members, of the Senate or the House of Representatives, except the President and the Speaker as provided under this section, shall intervene in an action described in this section or obtain legal counsel at public
expense under this section, in the member's or group's capacity as a member or members of the Senate or the House of Representatives.
(9) As used in this section the term "Public
official" means any elected or appointed officer, employee, or agent of the state or any political subdivision, board, commission, bureau, or other public body, established by law. Notwithstanding any other provision of law to the contrary, the
participation of the Speaker of the Mississippi House of Representatives or the President of the Senate in any state or federal action, as a party or otherwise, does not constitute a waiver of the legislative immunity or legislative privilege of any
member, officer, or staff of the general assembly.
SECTION 3. This act shall take effect and be in force from and after July 1, 2022.