MCA Chapter 9

in effect

Miss. Code Ann. § 5-9-1 Repealed.

Repealed by Laws, 1979, ch. 301, § 56, eff from and after December 31, 1984. § 5-9-1 . [En Laws, 1979, ch. 301, § 1] § 5-9-3 . [En Laws, 1979, ch. 301, § 2] § 5-9-5 . [En Laws, 1979, ch. 301, § 4 (intro), (b); Laws, 1980, ch. 543, § 19] § 5-9-7 . [En Laws, 1979, ch. 301, § 4 (intro), (c)] § 5-9-9 . [En Laws, 1979, ch. 301, § 4 (intro), (d); Laws, 1980, ch. 312, § 37] § 5-9-11 . [En Laws, 1979, ch. 301, § 4 (intro), (a); Laws, 1979, ch. 357, § 1] Editor’s Notes — Former § 5-9-1 provided the short title of Mississippi Agency Review Law of 1978. Former § 5-9-3 specified the legislative purpose of the Agency Review Law of 1978. Former § 5-9-5 provided for the phasing out of operations of twenty governmental units beginning on July 1, 1980. Former § 5-9-7 provided for the phasing out of operations of sixteen governmental units beginning on July 1, 1981. Former § 5-9-9 provided for the phasing out of operations of fourteen governmental units beginning on July 1, 1982. Former § 5-9-11 provided for the phasing out of operations of twenty governmental units beginning on July 1, 1983.

Miss. Code Ann. § 5-9-13 Executive orders establishing governmental units enacted into statutory law.

Executive orders issued by governors after January 3, 1979, which establish, or have the effect of establishing, a governmental unit shall be terminated unless they are enacted into statutory law in the following manner. If such a governmental unit is established while the legislature is in regular session and more than thirty (30) days prior to the scheduled adjournment of that session, it must be enacted into statutory law by the scheduled date of adjournment or else it is terminated on that date by operation of law. In the event such a governmental unit is established while the legislature is in session but less than thirty (30) days before scheduled adjournment or if such a governmental unit is created while the legislature is not in session, then it must be enacted into statutory law by the date of adjournment of the next regular session of the legislature or else it is terminated on that date by operation of law. The legislature may establish a governmental unit by statute as it was created in the executive order or it may enact such changes in the status, powers or jurisdiction of the governmental unit as it may deem necessary and proper. No governmental unit created by executive order shall incur any obligations, financial or otherwise, or enter into any contracts or other commitments which extend beyond the date of adjournment of the legislative session in which the agency must be enacted into statutory law to avoid termination. Failure of the governmental unit to be enacted into statutory law shall not invalidate any act done by any officer or employee thereof if the act is otherwise lawful and has been fully executed prior to the date of termination. No power, duty or authority of any governmental unit which fails to be enacted into statutory law as required by this section shall be transferred in any manner other than by legislative enactment to any existing agency, nor shall any such power, duty or authority be allocated to any successor governmental unit in any manner other than by legislative enactment. No funds shall be appropriated to or otherwise made available from any source whatsoever to a governmental unit created by executive order which was not enacted into statutory law as provided in this section. A governmental unit created by executive order after January 3, 1979, shall not duplicate the functions of other governmental units created by statute.

Miss. Code Ann. § 5-9-15 Repealed.

Repealed by Laws, 1979, ch. 301, § 56, eff from and after December 31, 1984. § 5-9-15 through § 5-9-35 . [En Laws, 1979, ch. 301, §§ 3, 6-15] Editor’s Notes — Former § 5-9-15 provided for the continuation of life of the governmental units during the phase out period. Former § 5-9-17 provided for the establishment of legislative reviewing committees to consider termination, continuation or modification of governmental units being phased out. Former § 5-9-19 directed the reviewing committees to hold public hearings, and directed the governmental units to provide information to the committees. Former § 5-9-21 established the criteria for determining whether to continue the existence of a governmental unit. Former § 5-9-23 specified the nature and direction of the reviewing committee’s inquiry into the governmental unit. Former § 5-9-25 authorized the reviewing committee to request information from the committee on performance evaluation and expenditure review. Former § 5-9-27 directed the reviewing committees to submit recommendations on whether to terminate, continue or modify a governmental unit. Former § 5-9-29 stated the legislative intent that all members of the legislature have an opportunity to vote on recommendations for continuing, modifying or terminating governmental units. Former § 5-9-31 prohibited the funding of a governmental unit after its termination. Former § 5-9-33 prohibited the continuation of more than one governmental unit in a single legislative bill. Former § 5-9-35 provided provisions on the effect of Chapter 9 on other related legislative action or claims against governmental units.