Legislative Summaries

2006 Legislative Votes and Summaries of Key Bills

February 21, 2006

For the first time ever, Mississippians can see how their legislators voted on important issues! The Mississippi Center for Public Policy is pleased to provide this exclusive service that you will find nowhere else unless you subscribe to a private legislative tracking service!

We are providing this at no cost to you, because we believe Mississippians ought to know how their legislators are representing them at the State Capitol. We encourage you to contact your legislators on issues you care about, and we hope the information on this page will help you prepare for that conversation.

If you like how your legislators vote, let them know and encourage them to run for re-election next year. If you don't like how they vote, you can run against them! (The qualifying deadline is March 1, 2007.)

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Here's how to use this page:

Click on a category in the yellow box to see bills on that topic. Or, you can simply scroll down to see the bills.

If you can't find a bill you are looking for, click "Edit" at the very top of your screen, then click "Find on this page", and type a bill number or a word that might be in the bill's description. If you search for more than one word or bill number, it might be necessary to scroll or click back to the top of the page before you do your next search. If you don't find what you're looking for, it is likely that we haven't posted that bill. We don't list every bill because that would make it more difficult for you to find the truly-important ones. If we've overlooked one that's important to you, please click here to let us know, and we'll let you know the status of it.

Click on the bill number to see the current status and, if you choose, to read the bill. This will take you to the Legislature's website. Then click the "back" button on your browser to return to this page.

Click on the vote total to see how each legislator voted. If the vote is not shown or if it is not a blue hyperlink, it means we haven't posted the vote yet. Check back later in the day or the business next day, and it should be posted. NOTE: You might need to click the "Refresh" button on your browser to see the latest updates.

You will need Adobe Acrobat Reader to open these documents, which are essentially "pictures" of the vote printout we obtained from the House Clerk's office and the Senate Docket Room at the Capitol. If you don't have Adobe Acrobat Reader, click here to download it from Adobe at no cost to you.

Only the legislators' last names appear on the votes. If you want to know their full names and their hometowns, click here.

If a bill description is not accurate, please click here to let us know. We start with the bill's short title found on the legislature's website, which is sometimes not accurate after the bill is amended. On some bills, we describe more of what the bill does, which also might change. If you find either of these to be the case, please let us know.

Bills that are not in bold font are bills that made some progress but then died.

State Budget

Education

Taxes

Life Issues (Abortion, Cloning, Adoption, etc.)

Elections

Family

Rebuilding & Related Issues

Health Care

Government Regulation & Eminent Domain

Crime

Miscellaneous

State Budget

Appropriations Bills - We do not list appropriations bills individually because there are more than 120 of them, and we didn't want to add to the length of this page when almost all of those bills are routine and pass with a near-unanimous vote. In other words, there's usually nothing really revealing about the votes. However, for those who wish to see the votes, we have compiled them into a few documents. The ones posted below are the most recent votes. We will go back and add the earlier votes in the next few days.

The House and Senate each originated about 60 appropriations bills for FY 2007 for state agencies. (Supplemental appropriations bills for FY 2006 are not shown.) NOTE: These are much larger documents than the individual votes, so they might take a minute to load.

Click Here to see the House votes on the Senate-originated bills. This includes votes on whether to suspend the rules of the House on many of these bills to allow them to be considered more quickly than they would otherwise be. This motion is usually a routine motion that is approved by voice vote, but due to other controversy not related to these bills themselves, a vote was taken on the motion. In almost all cases, the motions failed to gain the two-thirds majority they needed, which simply delayed consideration of the bills until the next business day.

Click Here to see the Senate votes on the House-originated bills.

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HB 206 Wellspring Project; Authorizes issuance of $14.5 million in bonds to provide funds to the alliance of Pontotoc, Union and Lee Counties to build an industrial park in order to recruit a major economic development project. [Passed House 77-40] The Senate amended the bill to delete the House language and create a task force to study the desirability and feasibility of state aid for so-called "mega sites". [Passed Senate 51-0] The House did not concur in Senate amendment so the bill went to conference where it died after no agreement was reached.

HB 209 Increases compensation for each state employee, and each employee of state institutes of higher learning and junior colleges, employed for at least 12 months, by $1000 per year. Requires equal pay for certain licensed and skilled positions. [Passed House 117-0] [Died in Senate Committee]

HB 210 Appropriates funds for the Department of Mental Health to fully fund crisis centers. [Passed House 119-0] [Passed Senate 49-0] [Signed by Governor]

HB 215 Revises certain formulas and definitions in the Mississippi Adequate Education Program (MAEP). [Passed House 91-24] [Passed Senate Education Committee; Died in Senate Appropriations Committee]

HB 315 Authorizes $25 million in bonds to help fund Local System Bridge Program and Local System Road Program. [Passed House 114-0] [Died in Senate Finance Committee]

HB 392 Clarifies that MCI settlement funds may be used by colleges and schools as a credit against the increase in employer contributions to the Public Employee Retirement System. [Passed House 122-0] [Passed Senate 49-1] [Signed by Governor]

HB 533 Extends the authority of Department of Environmental Quality to borrow from Mississippi Development bank to 2008. [Passed House 119-0] [Passed Senate 50-0] [Signed by Governor]

HB 638 Deletes date of repealer on law setting the salaries of certain state elected officials. [Passed House 64-55] [Died in Senate Committee]

HB1115 Provides annual appropriation from tobacco settlement payments to Partnership for a Healthy Mississippi smoking prevention program. In a rare move, the bill provides that the $20 million starting appropriation would automatically increase each year for inflation. [Passed House 71-47] By a vote of 25-22, the Senate added a requirement that an audit be performed of all the money the Partnership has spent since its inception in fiscal year 1999. Another amendment was offered to prohibit this appropriation from being made until the court order that originally granted the Partnership $20 million per year from the tobacco settlement is changed to send the money to the Health Care Expendible Fund rather than the Partnership. That amendment was defeated without a roll call vote. [Passed Senate 25-23] [House concurred in Senate amendment] [Vetoed by Governor] The House allowed the veto to stand.

HB1140 In an unusual move, this bill to amend SB2310 (the first cigarette/grocery tax bill) was passed by the House before the governor had acted on SB2310. Its authors intended it to address some of the concerns about the effects of SB2310 on local governments. It would increase the amount of revenue from the tobacco excise tax that would deposited into the municipal tobacco tax diversion fund. [Passed House 91-30] Approved by the Senate Finance Committee, but it was never taken up on the Senate floor. Most of its provisions were included in the conference report (which is the final version that was sent to the governor) of SB3084.

HB1240 Extends provision authorizing funds from the Emerging Crops Fund to be used for loans for minority economic development. [Passed House 120-0] [Died in Senate Committee]

HB1274 Allows state government purchases in excess of $15,000 to be made through an electronic reverse auction. [Passed House 120-0] [Passed Senate 48-0] [Approved by Governor]

HB1379 Allows Medicaid funding for nursing home services to be used to pay for home- and community-based services. [Passed House 122-0] [Died in Senate Appropriations committee]

HB1492 Authorizes the issuance of $4 million in bonds for railroad line improvements in Wayne, Clarke, Lauderdale, Alcorn & Tishomingo counties. [Passed House 112-10] Amended by the Senate. [Passed Senate 51-0] The House did not concur with the Senate's amendment, so the bill went to conference. Conference report passed Senate and House.

HB1509 Authorizes the issuance of $5 million in bonds for Small Municipalities and Limited Population Counties Fund. [Passed House 120-2] [Passed Senate 51-0] [Approved by Governor]

HB1526 Creates a $20 million bond fund to be administered by the Mississippi Development Authority with criteria to guide state participation in local economic development projects like the Wellspring Project in northeast Mississippi. The bill would require, among other things, a 30 percent local match. [Passed House 95-26] [Died in Senate Finance Committee]

HB1638 Authorizes the issuance of $50 million in bonds for a statewide wireless communications system and $10 million in bonds for a cooperative data system. [Passed House 80-42] The Senate made a change to the effective date and the date of repeal simply to get the bill to conference. [Passed Senate 51-0]

HB1651 Reforestation, Gaming Tax Cap for General Fund, and University of MS Medical Center - This bill addresses three major issues, one of which is entirely unrelated to the other two. First, it deletes the lifetime limit on the tax credit for reforestation expenses. Second, it caps the amount of Gaming Taxes going to the General Fund and sends all future increases (above the amount of gaming taxes that went to the General Fund in fiscal year 2005) to UMMC and the state's Trauma Care System. The first $80 million per year would go to UMMC for general operations and maintenance, the next $10 million per year would fund a burn center at UMMC (this was added on the House floor 92-25), and the remaining amount would go to the state's trauma care system. The third major issue covered in the bill gives UMMC broad-ranging rights to recover the otherwise-uncompensated costs associated with caring for someone who was harmed by someone else and successfully sued the person (or other entity) who harmed them. [Passed House 88-33] [Died in Senate Appropriations Committee]

SB2323 Clarifies authority of the Public Employee Retirement Systems to invest in certain accounts, limited partnerships or commingled funds. [Passed Senate] [Passed House] [Approved by Governor]

SB2398 Creates Office of Fleet Management within Department of Finance and Administration to control state-owned vehicles. [Passed Senate 51-0] The House Appropriations Committee added a provision that prohibits state employees from using a state-issued cell phone for personal use. It also prohibits agencies from reimbursing employees for any use of their personal cell phone. Amended on the House floor 65-52 to require cell phone companies to provide service statewide. [Passed House 103-18] Conference report passed Senate and House.

SB2400 Extends the life of current laws setting the salaries of certain elected statewide and district officials, elected judges, district attorneys, and criminal investigators. [Passed Senate 51-0] The House deleted all the language in the Senate bill except that related to statewide and regional (Transportation and Public Service Commissioners) elected officials. They added a provision that provides for an "education benchmark" component to the pay rate for elected or appointed officials for advanced degrees or certifications they earn. Legislators would be excluded from that allowance. The House rejected five amendments aimed at increasing compensation for members of the Legislature. One, which failed 39-80, would have required the State Personnel Board to "realign" salaries of legislators, presumably in relation to the salaries of legislators in other states. Another amendment, which failed 44-78, would have increased legislators' salaries from the current $10,000 base and $1,500 per month for an office allowance to $12,000 and $1,750. Another, which failed 29-90, would have granted legislators an extra $10,000 "for their experience." Another, which failed 39-82, would have increased legislators' base pay to $15,000 and leave the monthly expense allowance at $1,500. The last amendment, which was defeated 31-89, would have prohibited any pay raise for any elected or appointed official "from now on until the members of the legislature receive a raise." Then the bill passed. [Passed House 78-40] Conference Report: The House receded from its amendment, leaving only the original Senate-passed language. [Conf Report passed House 119-0] [Conference report passed Senate]

SB2475 Deletes the pay-back requirements in the Tobacco Settlement Health Care Trust Fund. [Originally passed Senate 29-19 as a permanent deletion of the pay-back requirement but was reconsidered, amended to apply for only one year's repayment, and passed Senate 51-0.] Amended in the House. [Passed House 108-13] Conference report passed House and Senate.

SB2500 Authorizes Department of Finance and Administration to apply rent payments made during the lease of any property for state government offices toward the purchase of real property. Would allow Entergy's Old Capitol Green project to proceed. [Passed Senate 51-0] [Died in House Public Property committee]

SB2504 Allows the Legislature to continue their pattern of recent years of appropriating 100% of anticipated revenues. State law limits spending to 98% of anticipated revenue, but in recent years, the Legislature has suspended that requirement one year at a time. The bill would suspend the requirement for two years, which will allow the Legislative Budget Committee and the Governor to prepare their budgets next year using 100% of the anticipated revenue. [Passed Senate 51-0] [Passed House 100-18] [Vetoed by Governor]

SB2563 Abolishes the Mississippi Land, Water, and Timber Board and transfers its duties to the Mississippi Development Authority. [Passed Senate 47-4] The House Agriculture Committee amended and approved the bill, but an attempt to bring it up on the House floor failed 63-48, eleven short of the two-thirds vote needed. There were 11 members that did not vote.

SB2581 Requires certain information in budget requests regarding the use of contract employees by state agencies. [Passed Senate] The House amended the bill to require an additional piece of information: whether the worker was a retired member of the Public Employees’ Retirement System. [Passed House]

SB2589 Directs the state Fiscal Officer to transfer $500,000 from certain special funds into the Budget Contingency Fund (BCF) during fiscal year 2006. The BCF was created to gather special funds from various sources to provide funds for state government operations. It was amended on the Senate floor to return $50 million from Public Employees Retirement System (PERS) to the general fund. [Passed Senate 49-2] The total amount to be transferred into the BCF was increased by the House to $1.25 million. [Passed House 120-1] The Senate declined to concur in House amendment, sending the bill to conference. Conference report passed House and Senate.

SB2604 Revises certain components in Mississippi Adequate Education Program (MAEP). [Passed Senate 32-15] The House passed an amendment 69-52 to require MAEP to be "fully funded" beginning in fiscal year 2007 (which begins July 1, 2006), and the bill passed 108-14. The next day, the House voted 74-46 to reconsider the bill and voted 74-43 to set minimum amounts to be appropriated for MAEP through 2010 "if sufficient funds are not available to fully fund" it. The provision requiring full funding was not changed. [Passed House 95-27] The Senate concurred in House amendment. [Approved by Governor]

SB2682 Would set aside 15 percent (instead of 25 percent) of bond proceeds under the Mississippi Business Investment Act for small communities for the 2007 fiscal year. [Passed Senate 51-0] Passed House 100-20, but then it was reconsidered and amended, and then passed House 121-1. The Senate declined to concur in House amendment, sending the bill to conference. Conference report passed Senate and House.

SB2701 Authorizes school districts to borrow Community Disaster Loan funds from federal government to cover loss of revenue as result of Hurricane Katrina. [Passed Senate 51-0] [Passed House 122-0] [Signed by Governor]

SB2737 Authorizes state institutions of higher learning to participate in group purchasing programs. [Passed Senate 51-0] [Died in House Committee]

SB2980 Revises the amount of bonds that may be issued by Mississippi Home Corporation. [Passed Senate] [Passed House]

SB2982 Increases bonds for Water Pollution Control Revolving Fund, Local Governments and Rural Water Systems Improvements Revolving Loan Fund. [Passed Senate] [Passed House] [Approved by Governor]

SB2985 Increases the amount of general obligation bonds that may be issued under the Economic Development Highway Act by $10 million. [Passed Senate 48-0] [Died in House Ways and Means Committee]

SB2986 Authorizes the issuance of $5 million in bonds for Small Municipalities and Limited Population Counties Fund. [Passed Senate 48-0] [Died in House Ways and Means Committee]

SB2987 Authorizes the issuance of $5 million in bonds for the Rural Impact Fund created in 2003 to aid development in rural areas. [Passed Senate 48-0] [Died in House Ways and Means Committee]

SB3001 Provides up to $10 million in bonds to support a major coal and/or petroleum coke gasification project with an initial capital investment from any source other than the State of Mississippi of at least $800 million and which will create at least 200 full-time jobs with an average annual salary, excluding benefits which are not subject to Mississippi income taxes, of at least $45,000. If that requirement is not met, all or a portion of the funds provided by the state for the project shall be repaid. [Passed Senate 48-0] [Died in House Ways and Means Committee]

SB3070 Authorizes bonds for the repair/renovation of the Old Capitol and extends the authority for bonds to be authorized for the Community Heritage Preservation Grant Fund. [Passed Senate] The House amended the bill. [Passed House] [Senate concurred in House amendment] [Approved by Governor]

SB3071 Authorizes the issuance of general authorization bonds to the Dept. of Marine Resources for purchase of equipment & improvement of facilities. [Passed Senate] [Passed House] [Approved by Governor]

SB3080 Authorizes the issuance of bonds for the Building Fund for the Arts and the Mississippi Museum of Art Fund. [Passed Senate] The House amended this bill by striking all the Senate language and inserting a bill outlining a variety of bond projects. [Passed House]SB3081 Authorizes the issuance of $28 million in general obligation bonds for capital improvements for the Department of Public Safety. [Passed Senate] The House amended the bill by adding to require the Department of Finance and Administration to obtain and maintain property and casualty insurance, and flood insurance where applicable, for projects which receive funding from these bonds. [Passed House]

SB3082 Authorizes the issuance of $50 million in bonds for a statewide wireless communications system and $10 million in bonds for a cooperative data system. [Passed Senate 49-0] [Passed House Ways and Means Committee but no action was taken on the floor, thus killing it.]

SB3086 Authorizes the issuance of $20 million in bonds and revises appropriation requirements for the Local System Bridge Replacement and Rehabilitation Fund. [Passed Senate] The House amended the bill to increase the amount to $25 and add a provision that counties forfeit any money not used within five years, among other things. [Passed House] Conference report passed Senate and House.

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Education

HB 213 Creates the Office of Dropout Prevention within the State Department of Education. [Passed House 110-11] [Passed Senate Education Committee; Died in Senate Appropriations Committee]

HB 214 Requires Department of Education to design curriculum choices for students interested in direct entry into workforce after high school. [Passed House 104-13] It first passed the Senate without amendment 50-0, but was then reconsidered and amended by the Senate to include a provision allowing teachers to answer questions related to evolution and competing theories. This provision was in SB2427 which previously passed the Senate but died in the House Education Committee. [Passed Senate 49-1] The House declined to concur in Senate amendment, sending the bill to conference. Conference report passed Senate and House.

HB 216 Establishes the Mississippi Early Childhood Education Incentive Program. [Passed a House committee, but no action was taken on House floor, thus killing it.]

HB 308 Requires local school boards to make available surplus textbooks to home school students, and authorizes local districts to establish methods of allowing home school students to have full access to the libraries of public schools. [Passed House 111-5] The Senate amended the bill by deleting the provision regarding access to public school libraries and by adding private schools, Boys & Girls Clubs, and other programs to the list of entities that qualify for access to surplus textbooks. [Passed Senate 39-4] The House declined to concur in Senate amendment, sending the bill to conference. Conference report passed House and Senate.

HB 392 Clarifies that MCI settlement funds may be used by colleges and schools as a credit against the increase in employer contributions to the Public Employee Retirement System. [Passed House 122-0] [Passed Senate 49-1] [Signed by Governor]

HB 535 Deletes repealer on exemption for certain accredited programs in Child Care Licensing Law. [Passed House] The Senate amended this bill to exempt any school affiliated with the Accelerated Christian Education, Inc., from child-care facility licensure requirements. [Passed Senate] The House concurred in the Senate amendment. [Approved by Governor]

HB 563 Extends the provisions of Mississippi Adequate Education Program providing additional funding for high growth school districts to 2008. [Passed House 120-1] [Passed Senate 50-0] [Signed by Governor]

HB 605 Authorizes community colleges to offer gaming-related courses. A court ruling last year gave this authority to universities, and this bill would give it to comminuty colleges as well. [The first vote on this bill failed 71-49 (72 votes needed for passage). It was immediately reconsidered and amended. It was then voted on a second time and failed again 69-46.]

HB 653 Increases the speed limit on interstates and highways for school buses on authorized trips. [Passed a House committee, but no action was taken on House floor, thus killing it.]

HB 890 Clarifies residency requirement for certain minors to receive in-state college tuition rates. [Passed House] [Passed Senate] [Approved by Governor]

HB 944 Authorizes school boards to partner with entities, organizations and corporations for the purpose of benefiting the school district, and to borrow funds from the Rural Economic Development Authority for school building maintenance. [Passed House 115-3] [Passed Senate 50-0] [Signed by Governor]

HB 951 Extends the time by which school superintendents must notify teachers of nonreemployment. Current law requires such notice by April 15, but because there are some years when the education appropriations bill might not be signed into law by then, this bill allows notice to be given by April 15 or 10 days after the education appropriations bill is signed by the governor, whichever is later. [Passed House 119-1] Amended by the Senate. [Passed Senate 27-13] The House concurred 120-0 in the Senate's amendment. [Approved by Governor]

HB 992 Authorizes use of private funds in construction of facilities at certain universities and colleges. The House version mainly dealt with parking structures at USM and exempted them from the state bidding requirements. [Passed House] The Senate amended the bill by adding provisions to authorize and prescribe a dual-phase design-build method of construction contracting and to make the act applicable to all universities. [Passed Senate] The House did not concur with the Senate amendment, so the bill went to conference. Conference report passed House and Senate.

HB1073 Would have required birth certificates, or proof of legal status for non-U.S. born students, to enter colleges or universities. [This bill passed a House committee and was considered on the floor but was sent back to committee, killing the bill.]

HB1119 Provides conformity in the financial reporting requirements for school districts, making it easier to distinguish between instructional costs and administrative costs. [Passed House 122-0] Amended by the Senate. [Passed Senate 50-0] The House did not concur with the Senate amendment, so the bill went to conference. Conference report passed House and Senate.

HB1121 Establishes home rule in school districts and exempts Level 4 or 5 accredited districts from certain accreditation requirements. Authorizes school boards to delegate to or contract with private entities, organizations and corporations for any nonacademic school process functions. Authorizes and encourages school districts to participate in group purchasing programs. [Passed House 121-0] [Passed Senate 32-12] [Signed by Governor]

HB1122 Implements programs to improve recruitment and retention of teachers. [Passed a House committee, but no action was taken on House floor, thus killing it.]

HB1130 Restructures means of delivering education in public high schools, in part by allowing "virtual" schools. [Passed House 107-8] [Passed Senate 50-0] [Signed by Governor]

HB1242 Revises duties of Interagency Advisory Committee for Early Childhood Services regarding early childhood education. [This bill passed the House 97-20. However, the House reconsidered it the next day and sent it back to committee. This effectively killed the bill, because it was past the committee deadline for acting.]

HB1358 Removes requirement of school districts to advertise tax increase when budget increases due to property value increases. [Passed a House committee, but no action was taken on House floor, thus killing it.]

HB1423 Provides for a high school diploma to be issued to any student who requests such a diploma after having achieved the equivalent requirements for graduation that existed at the time the student would have graduated. [Passed House 119-3] [Passed Senate 49-1] [Signed by Governor]

SB2049 Extend Charter Schools Study Commission for one year. [Passed Senate 50-1] [Passed House 118-3] [Signed by Governor]

SB2054 Restores the salary of the State Superintendent of Education to the amount at which he was hired, and requires the State Board of Education to get approval from the State Personnel Board (SPB) before increasing the Superintendent’s salary. The Superintendent’s salary had been tied to the salary of the Commissioner of Higher Education. When the new Commissioner was hired at a much higher salary than the previous Commissioner, the Superintendent’s salary jumped as well. At the Superintendent’s request, this bill would restore him to his previous salary. The bill also gives the Superintendent authority to set all salaries at the Department of Education, subject to approval by the SPB. [Passed Senate 50-0] [Died in the House Fees & Salaries Committee]

SB2061 Requires local school superintendents to have 3 years of administrative experience plus 3 years of classroom experience. The current law requires four years of administrative or classroom experience. [Passed Senate 51-0. An amendment to this bill that would have allowed a superintendent to hold an MBA instead of an administrator’s license failed 17-31.] [Died in House Education Committee]

SB2119 Requires municipal school board members to be elected in all districts, starting in 2009 and every four years thereafter, and for school superintendents to be appointed after January 1, 2008. The Senate also passed an amendment to require any county with more than three school districts to consolidate into no more than three districts. [Passed Senate 25-20] [Died in House Education Committee]

SB2154 Enacts Mississippi Civic Literacy Act. [Passed Senate 50-0] [Died in House Education Committee]

SB2158 Requires revocation of teacher’s license if person convicted of child abuse or child sexual abuse. [Passed Senate 50-0] [Died in House Education Committee]

SB2218 Defines authority of Mississippi Commission on College Accreditation. [Passed Senate 32-15] Amended by the House. [Passed House 122-0] The Senate concurred with the House's amendment. [Senate concurred 49-0] [Approved by Governor]

SB2427 Provides that teachers shall not be prohibited from discussing and answering questions on intelligent design in public school classes. [Passed Senate 41-1] [Died in House Education Committee]

SB2602 Enacts Mississippi Education Reform Act of 2006. This is the Governor's education reform plan. [Passed Senate 30-19] Amended by House in a number of areas, most notably adding a phase-in of the "full funding" for MAEP. A similar provision was included by the House in SB2604 (see below). An amendment was offered that would have placed a number of requirements on districts rated Level 3 or below, including a requirement that every student be given homework assignments daily and on the weekend, that they be taught five new words each week, that they conform to a dress code, and other prescriptive measures. That amendment was defeated 47-74. [Passed House 116-4] The Senate concurred 29-14 in (agreed to) the House amendment. [Approved by Governor]

SB2604 Revises certain components in Mississippi Adequate Education Program (MAEP). [Passed Senate 32-15] The House passed an amendment 69-52 to require MAEP to be "fully funded" beginning in fiscal year 2007 (which begins July 1, 2006), and the bill passed 108-14. The next day, the House voted 74-46 to reconsider the bill and voted 74-43 to set minimum amounts to be appropriated for MAEP through 2010 "if sufficient funds are not available to fully fund" it. The provision requiring full funding was not changed. [Passed House 95-27] There was an attempt to reconsider the bill in the House again, but that attempt was tabled (defeated) 71-49. When the bill got back to the Senate, a motion to "decline to concur" in the House amendment and invite conference was defeated 19-28, then the Senate concurred 32-15 in the House amendment. [Approved by Governor]

SB2609 Exempts schools affiliated with Accelerated Christian Education Inc., from child care facility licensure requirements. This type of exemption already applies to schools and child care facilities that are affiliated with other accreditation-type organizations. [Passed Senate 50-0] [Died in House Public Health Committee because its companion bill HB535 passed.]

SB2700 Requires all schools (public, agricultural, private and charter) to provide parents information about meningococcal disease. [Passed Senate] The House amended the bill and removed private and charter schools from the requirment. [Passed House] [Senate concurred in House amendment] [Approved by Governor]

SB2701 Authorizes school districts to borrow Community Disaster Loan funds from federal government to cover loss of revenue as result of Hurricane Katrina. [Passed Senate 51-0] [Passed House 122-0] [Signed by Governor]

SB2704 Provides for the automatic transfer of certain students to a school in an adjacent district on a shorter bus route. Further provides for the automatic transfer of certain disabled students and students whose parents are in the military. [Passed Senate 48-2] [Died in House Education Committee]

SB2716 Requires State Board of Health to implement abstinence education and fetal awareness instruction in the health curriculum of all high schools. Requires school districts to implement this program through their school nurse intervention program. Authorizes the school districts to apply for private funding to implement the program. Authorizes the State Board of Health to contract with nonprofit entities to implement the program. [Passed Senate 50-0] [Died in House Education Committee]

SB2718 Requires civil rights education in K-12 public school curriculum and establishes a commission to coordinate civil right awareness and to inventory civil rights exhibits. [Passed Senate 34-10] [Passed House 117-3] [Signed by Governor]

SB2737 Authorizes state institutions of higher learning to participate in group purchasing programs. [Passed Senate 51-0] [Passed House Universities & Colleges Committee; Died in House Appropriations Committee]

SB2915 Requires the college board to reserve a seat at each of its meetings for a representative of student body presidents. [Passed Senate 40-11 but was reconsidered, amended to allow any public body in Mississippi (not just IHL) to meet by teleconference or video conference. The bill then passed 50-0.] Amended by the House. [Passed House 122-0] The Senate did not concur with the House amendment, so the bill went to conference. Conference report passed Senate and House.

SB2918 Requires school districts to implement financial literacy curricula in high school. [Passed Senate 50-1] [Died in House Education Committee]

SB2978 Authorizes school boards to contract with other entities for the development of surplus school property and issue notes/bonds. [Passed Senate] The House amended the bill by deleting a current section of the law that states that certain public school property in Jackson shall revert to the state if it ceases to be used for school purposes. [Passed House] The Senate did not concur with the House amendment, so the bill went to conference. Conference report passed House and Senate.

SB3074 Excludes prepaid student meal plans sold at all public and private colleges and meals sold to K-12 students at public and private schools from the term "business" under the sales tax laws. [Passed Senate 49-0] [Passed House 117-1] [Approved by Governor]

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Taxes

HB 321 Authorizes substitute school bus drivers to receive reimbursement for costs required for commercial driver's license. [Passed House] [Passed Senate] [Signed by Governor]

HB 644 Deletes provisions regarding manner of determining true value of affordable rental housing for ad valorem tax purposes. [Passed a House committee, but no action was taken on House floor, thus killing it.]

HB 693 Would have increased the fee for the issuance of certificates of title on boats. [Failed House 71-50 (73 votes were necessary for passage)]

HB 776 Excludes meals provided by restaurants or donated to certain charitable organizations from gross proceeds of sales for sales tax purposes. [Passed House] [Passed Senate] [Approved by Governor]

HB 816 Increases amount of National Guard and Reserve compensation excluded from gross income from $5000 to $15,000, for income tax purposes. [Passed House] [Passed Senate] [Sent to Governor]

HB1066 Revises the definition of "doing business" for purposes of remitting sales and use tax to the state, by adding the category of doing business with a state agency. It then prohibits any state agency from contracting for goods and services with a company if it, including its subsidiaries and related companies, is not in compliance with the sales tax and use tax laws of the State of Mississippi. [Passed House 121-1] [Approved by the Senate Finance Committee, but it was never taken up on the Senate floor.]

HB1070 Imposes a fee and regulations on the cigarette manufacturers who have not settled with the state in the "tobacco settlement" and revises requirements related to cigarettes in interstate commerce. Directs the fees collected under this act to the University of Mississippi Medical Center (UMMC) Cancer Institute, to UMMC for uncompensated care expenses, and to the State Veterans Affairs Board for operating veterans homes. [Passed House 88-34] [Amended and approved by the Senate Finance Committee, but it was never taken up on the Senate floor. Most of its provisions were included in the conference report (which is the final version that went to the governor) of SB3084.]

HB1140 In an unusual move, this bill to amend SB2310 (the first cigarette/grocery tax bill) was passed by the House before the governor had acted on SB2310. Its authors intended it to address some of the concerns about the effects of SB2310 on local governments. It would increase the amount of revenue from the tobacco excise tax that would deposited into the municipal tobacco tax diversion fund. [Passed House 91-30] [Approved by the Senate Finance Committee, but it was never taken up on the Senate floor. Most of its provisions were included in the conference report (which is the final version that was sent to the governor) of SB3084.]

HB1250 Creates new Tourism Incentive Program, which provides a rebate, in essence, of some of the sales tax revenue created by certain major projects. The participating companies would be required to use the "incentive" payments to reduce their debt associated with the major project. Some limitations are placed on the amount of the payments, and none of the funds may be used for gambling facilities. [Passed House 120-0] Amended by the Senate. [Passed Senate 48-1] The House did not concur with the Senate amendment, so the bill went to conference where it died after no agreement was reached.

HB1387 Requires that an answer to a warrant issued by the chairman of the Tax Commission for the collection of any taxes shall be in the form and manner determined satisfactory by the Tax Commission. [Passed House 117-0] [Passed Senate 50-0] [Signed by Governor]

HB1479 Exempts a portion of the true value of Motorcycles and trailers from ad valorem taxes. [Passed House 121-0] [Died in Senate Finance Committee]

HB1507 Extends period of income tax and franchise tax credit for cost of equipment used in deployment of broadband technologies. [Passed House 119-2] [Passed Senate 51-0] [Approved by Governor]

HB1510 Extends the period for tax exemptions for businesses that locate in designated counties under the Growth and Prosperity Act. [Passed House 120-1] [Passed Senate 51-0] [Approved by Governor]

HB1531 Authorizes Leflore County to impose tourism tax. [Passed House] Senate amended the bill. [Passed Senate] [House concurred]

HB1549 Allows $1,000 income tax credit for child adoption expenses. [Passed House 121-0] Amended by the Senate to replace the House language with the text of SB2019, which would make the credit $5,000. [Passed Senate 51-0] The conference agreement allows a $2,500 credit for an adoption in the year in which the adoption becomes final. The credit can be carried forward for up to three years if the adopting parents' tax liability is less than $2,500. [Signed by Governor]

HB1637 Limits the amount of sales tax levied on natural gas sold to certain businesses. [Passed House 122-0] [Died in Senate Finance Committee]

HB1643 Increases excise tax on cigarettes to $1.00 and reduces the sales tax on non-prepared food to 3.5 percent. An amendment on the House floor to provide for a statewide referendum on this issue failed 41-80. An amendment on the House floor to totally eliminate the sales tax on groceries was tabled (killed) 70-49. [Passed House 94-28] [Died in Senate Finance Committee]

SB2017 Authorizes a motorcycle ad valorem tax credit. [Passed Senate 50-0, but a month later was reconsidered and sent back to committee, killing it. However, SB2021 was passed to address similar issues.]

SB2019 Allows $5,000 income tax credit for child adoption expenses. [Passed Senate 49-0] [Died in House Ways and Means Committee because HB1549 was used to accomplish the purposes of this bill.]

SB2021 Authorizes an ad valorem tax credit for motorcycles and trailers. [Passed Senate 49-0] Amended by House. [Passed House 119-0] The Senate did not concur with the House amendment, so the bill went to conference. Conference report passed House and Senate.

SB2310 Increases sales tax on cigarettes to 75 cents this year and $1.00 next year, and it phases out the sales tax on unprepared food over several years. [Passed Senate 36-15] [Passed House 90-30] [Vetoed by Governor] [Veto Sustained by Senate 28-22 (33 were needed for override)]

SB2371 Defines a relative 65 or older, who resides with taxpayer and whose income is $12,000 or less, is a dependent for income tax purposes. [Passed Senate 49-0] [Died in House Ways & Means Committee]

SB2450 Requires that an answer to a warrant issued by the chairman of the Tax Commission for the collection of any taxes shall be in the form and manner determined satisfactory by the Tax Commission. [Passed Senate 51-0] [Died in House Ways & Means Committee]

SB2464 Allows boards of supervisors and city officials authority to grant property tax exemptions for the remainder of the 10-year period if the company misses the original deadline on an expansion. Last year the Legislature allowed a company to get the remainder of the time on a new enterprise. [Passed Senate 48-0] [Passed House 118-1] [Approved by Governor]

SB2594 Provides that pollution control equipment mandated by federal or state law or regulation shall be exempt from ad valorem taxation, except ad valorem taxation for school district purposes, for a period of ten years from the date of acquisition of the equipment. There is currently a sales tax exemption on pollution control equipment, but manufacturers still pay property taxes on it annually. [Passed Senate 48-1] [Died in House Ways & Means Committee]

SB2597 Exempts from sales tax items of clothing costing $100 or less during the first weekend in August. [Passed Senate 48-0] [Died in House Ways & Means Committee]

SB2652 Reduces the amount of investment required to be eligible for airport import tax incentives. [Passed Senate 49-0] [Passed House 119-0] [Approved by Governor]

SB2680 Extends the tax credit for certain employers sponsoring skills training for employees until July 1, 2008. [Passed Senate] [Passed House] [Vetoed by Governor]

SB2686 Authorizes a sales tax diversion to state institutions of higher learning not located within corporate limits of a municipality. [Passed Senate] [Passed House] [Vetoed by Governor]

SB2981 Allows certain expenses related to the donation of an organ to be deducted from gross income for income tax purposes. [Passed Senate 49-0] [Passed House 120-0] [Approved by Governor]

SB2983 Exempts native wine producers from alcoholic beverage excise tax on wine sold to the State Tax Commission. [Passed Senate 49-0] Amended in the House. [Passed House 99-22] The Senate concurred with the House's amendment. [Senate concurred 47-0] [Approved by Governor]

SB2988 Exempts all aircraft maintenance, repair and parts from sales taxation. [Passed Senate 49-0] Amended in the House. [Passed House 119-0] The Senate concurred with the House's amendment. [Senate concurred 49-0] [Approved by Governor]

SB3067 Provides an income tax credit for expenses incurred in rehabilitating certain historic structures. [Passed Senate 49-0] [Passed House 115-0] [Signed by Governor]

SB3068 Extends the period for tax exemptions for businesses that locate in designated counties under the Growth and Prosperity Act. [Passed Senate 49-0] [Died in House Ways & Means Committee]

SB3073 Repeals the mining tax. [Passed Senate 49-0] [Passed House 120-0] [Signed by Governor]

SB3079 Limits the amount of sales tax levied on natural gas sold to certain businesses. [Passed Senate 48-1] [Passed House 118-0] [Approved by Governor]

SB3084 The Lieutenant Governor’s new grocery and cigarette tax plan; Increases excise tax on cigarettes to 80 cents and reduces the sales tax on non-prepared food to 3.5 percent. [Passed Senate 30-17] Three senators who voted for SB2310, the first cigarette/grocery tax bill, voted against SB3084; five who voted for SB2310 did not vote on SB3084, and one senator who voted against SB2310 voted for SB3084. [The bill failed 70-52 in the House on Feb. 23, four votes short of the 74 needed for passage (revenue bills require approval by a three-fifths majority of those voting). But on Feb. 24, the House reconsidered the bill and amended it by replacing the contents of the Senate bill with the contents of HB1643, the previously House-passed bill on the same topic. The bill then passed House 87-34.] Eight members who voted for HB1643 three days earlier voted against the amended SB3084, even though it was now identical to HB1643. Two members voted against HB1643 but voted for SB3084. (One who voted for HB1643 did not vote either way on SB3084.) The leaders of the House and Senate appointed a conference committee of members from each house to work out the differences in the two versions of this bill. They agreed to increase the cigarette tax to 80 cents this year and to $1.00 next year, and reduce the sales tax on groceries to 3.5 percent. There were other provisions to tax tobacco companies that did not participate in the tobacco settlement as if they did participate, and to grant those "non-participating" companies the same type of immunity from lawsuits for as the settlement provided for those who did participate. [Conference Report failed at first in Senate 28-19, one vote short of the three-fifths majority needed. It was voted on later and passed Senate 29-19.] [Conference Report Passed House 79-41] [Vetoed by Governor] [Senate sustained veto]

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Life Issues/Adoption

HB 497 Requires certain out-of-state adoption and child-placing agencies to be licensed in this state. [This bill was sent back to Committee, effectively killing the bill.]

HB1202 Prohibits human cloning and the shipping or receiving of embryos produced by human cloning. Prohibits receiving any product of human cloning, except in cases where the product of human cloning was received as part of a medical treatment in a jurisdiction where such treatment is legal. This bill also establishes a "Stem Cell Research Advisory Committee" to be chaired by an appointee of the Dean of UM Medical School. An amendment on the House floor to weaken the bill failed 36-77. [Passed House 108-4] [Died in Senate Public Health and Welfare committee]

SB2019 Allows $5,000 income tax credit for child adoption expenses. [Passed Senate 49-0] [Died in House Ways and Means Committee because HB1549 was used to accomplish the purposes of this bill.]

SB2837 Expands jurisdiction for adoption proceedings. [Passed Senate 50-0] [Passed House 122-0] [Signed by Governor]

SB2922 Requires that at least 24 hours prior to an abortion, the abortionist or assistant must conduct a sonogram and ultrasound, and give the woman the opportunity to view the sonogram or listen to the heartbeat of her unborn child, before consenting to an abortion. [Passed Senate 50-0] The House Public Health Committee replaced the Senate language with a ban on all abortions except in cases of medical emergency or when the mother faced a life-threatening condition that "would be worsened by continuing the pregnancy." It was later discovered (after the House voted) that the House version deletes the entire section of law that requires "informed consent" before an abortion is performed. The committee chairman admits to deleting that provision intentionally, but he did not explain that on the House floor. On the House floor, an amendment to add exceptions for rape and incest passed 62-56. An amendment was approved by voice vote to require that rape and incest exceptions only be allowed for victims who report the incident to appropriate law enforcement officers. An amendment to abolish the death penalty fell without a recorded vote, as did an amendment that would have repealed the entire law if a federal court found any part of the law unconstitutional. There was much debate over a provision approved by the Public Health Committee that would make the state "responsible for the medical and educational needs of any child born to a citizen of this state if the mother has received family counseling during the gestation period and chose to continue the pregnancy to delivery." The House initially voted 64-58 to delete that provision. After an attempt to reconsider that vote failed 60-61, an amendment was approved 84-36 to say that it is the "intent of the legislature" that the state would assume that responsibility for those children. Such a provision has no force of law. [The bill, as amended, passed the House 94-25.] The Senate did not concur in the House amendment, sending the bill to conference. No agreement was reached, allowing the bill to die. However, the House voted to suspend the rules and send the bill back to conference. The Senate agreed, but the House conferees only offered a similar version of the House-passed bill, and they offered it 10 minutes before the final deadline, which didn't allow Senate conferees time to read the proposal. Therefore, the bill died.

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Elections

HB 221 Allows cities and counties to petition a court for the rescheduling of elections after emergencies that affect the electoral process. [Passed House 114-3] Amended by the Senate. [Passed Senate 50-0] [Conference Report passed House 119-0] [Conference Report passed Senate]

HB 519 Campaign Finance Reform; requires more disclosure and limits on contributions to political candidates. Expands the definition of contributions to candidates to include virtually any expense paid on behalf of a candidate, even if indirect. This includes loans to candidates, and includes all expenses or loans paid to the candidate personally, not simply to the candidate's campaign committee. It also limits corporate contributions to political action committees. [Passed House 99-22] Amended by the Senate. [Passed Senate 50-0] House did not concur in the Senate amendment, so the bill went to conference where it died after and agreement was not reached.

HB 562 Authorizes state bonds to be issued to assist counties in acquiring voting systems and machines that comply with the federal "Help America Vote Act". [Passed House 112-8] [Passed Senate 49-0] [Signed by Governor]

HB1196 Provides that anyone who shall "knowingly deceive any other person regarding the time, place, or manner of conducting any election or the qualifications for or restrictions on voter eligibility for any election" is guilty of a misdemeanor. [Passed House 120-0] [Died in Senate Elections Committee]

SB2291 Authorizes county election commissioners to conduct training on electronic voting systems and increases their compensation for those duties. [Passed Senate 51-0] Amended by the House. [Passed House 120-2] Senate declined to concur in House amendment, so the bill went to conference. Conference report passed House and Senate.

SB2308 Requires campaign finance reports to include information on loans or other extensions of credit made to a candidate. [Passed Senate 50-0] The House deleted the Senate-passed language and inserted the contents of their campaign contribution bill, HB 519. [Passed House 94-22] Senate did not concur in the House amendment, so the bill went to conference where it died after and agreement was not reached.

SB2309 Requires voters to present I.D. prior to voting. Allows voting by an affidavit ballot for voters without the proper ID (added on Senate floor 26-22). The affidavit ballot will not be counted until it has been examined and the voter is found to be registered. [Passed Senate 30-18] [Died in House Apportionment and Elections committee]

SB2809 Makes technical revisions to Mississippi's election laws, many due to the creation of a statewide voter roll management system. [Passed Senate 44-6] The House admended this bill to make it clear that if there is a discrepancy between an electronic voting system and a paper record that the paper record prevails. [Passed House 76-38] [Conf Report passed House 121-0] [Conference report passed Senate]

SC 501 Amends Constitution to abolish electoral votes for Governor. [Passed Senate 51-0] [Died in House Constitution Committee]

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Family

HB 279 Revises the right of 12-year-old child to select custodial parent in child custody cases. [Passed House 116-4] Amended by the Senate. [Passed Senate 50-0] House did not concur in the Senate amendment, so the bill went to conference where it died after and agreement was not reached.

HB 300 Removes the blood test requirement and the 3-day waiting period in getting a marriage license. Also changes the current requirement of the license to be issued from the female’s county of residency if she is under 21 by lowering that age to 18. An amendement on the House floor to require at least 6 hours of marriage counseling before getting a marriage license failed 45-74. [Passed House 66-55] [Died in Senate Judiciary A Committee]

HB 527 Defines breast-feeding as an affirmative right that does not constitute any criminal offense. [Passed House 120-0] [Died in Senate Public Health Committee]

HB 707 Prohibits gambling in the form of the selling of a card, token or similar item that entitles the buyer to long distance or other similar service and can be redeemed for anything of value greater than the amount paid for the card, token or similar item. [Passed House 116-5] [Amended and approved by the Senate Finance Committee, but it was never taken up on the Senate floor.]

HB 804 Provides that divorce or annulment shall cause property in a will to pass as though the former spouse were no longer living, unless the will expressly provides otherwise. [Passed House 98-17] [Died in Senate Judiciary B Committee]

HB1319 Requires insurers to provide written statement of explanation of flood exclusion and earthquake exclusion to insureds. [Passed House 120-0] [Died in Senate Insurance Committee]

HB1457 Exempts amounts in health savings accounts from seizure, giving them the same status as Individual Retirement Accounts. [Passed House 121-0] [Died in Senate Judiciary B Committee]

SB2014 Requires insurers who issue policies of fire insurance which exclude coverage for flood damage to provide written notice regarding flood exclusion. [Passed Senate 51-0] [Died in House Select Committee on Hurricane Recovery]

SB2019 Allows $5,000 income tax credit for child adoption expenses. [Passed Senate 49-0] [Died in House Ways & Means Committee]

SB2053 Clarifies that the custodial parent is responsible for health care expenses when court order is silent in child custody cases. [Passed Senate 50-0] [Died in House Judiciary A Committee]

SB2100 Creates the Uniform Premarital Agreement Act. [Originally passed Senate 49-1 but was reconsidered, amended to remove a provision regarding Medicaid nursing home liability, and then passed Senate 50-1] [Died in House Judiciary A Committee]

SB2150 Increases child support guidelines based on adjusted gross income. [Passed Senate 50-0] Amended by the House. [Passed House 117-5] Senate declined to concur in House amendment, so the bill went to conference where it died after an agreement was not reached.

SB2389 Provides triple damages against those in a position of trust for certain violations of fiduciary duty. [Passed Senate 51-0] Amended by the House. [Passed House 119-1] Senate declined to concur in House amendment, so the bill went to conference where it died after an agreement was not reached.

SB2419 Defines breast-feeding as an affirmative right that does not constitute any criminal offense. [Passed Senate 50-0] Amended by the House. [Passed House 121-0] [Senate concurred in House amendment] [Signed by Governor]

SB2476 Includes the donation of food to service organizations for the needy in the tort liability exemption for volunteer charitable activity. [Passed Senate 51-0] [Died in House Judiciary A Committee]

SB2541 Redefines emancipation of minors for child support by lowering the age to 18, and including situations where the minor quits school, joins the military, is convicted of a felony, is put in jail for a felony or cohabits as if married. [Passed Senate] The House amended the bill by adding an exclusion for disabled children, replaced the word "school" with "educational endeavors", added the requirement of full-time service to the military provision, and changed the cohabitation provision to read "cohabitation with another person without the approval of the parent paying the child support." [Passed House] The Senate did not concur with the House amendment, so the bill went to conference. Conference report then passed House and Senate.

SB2689 Allows individuals who become a member of the Public Employees Retirement System (PERS) on or after July 1, 2006, to increase number of years required to retire and vest. [Passed Senate 33-15] Amended by the House. [Passed House 106-15] Senate declined to concur in House amendment, so the bill went to conference where it died after an agreement was not reached.

SB2838 Allows a chancellor to consider the wishes of a child over 12 in determining where the child is placed in child custody cases where both parents are found fit to have custody. [Passed Senate 51-0] [Passed House 120-2] [Approved by Governor]

SB2963 Exempts amounts in health savings accounts from seizure, giving them the same status as Individual Retirement Accounts. An amendment adopted on the Senate floor would also exempt $50,000 in assets for those who are 70 years of age or older. [Passed Senate 50-0] Amended by the House. [Passed House 117-1] Senate declined to concur in House amendment, so the bill went to conference. Conference report passed House and Senate.

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Rebuilding and Related Issues

HB 315 Authorizes $25 million in bonds to help fund Local System Bridge Program and Local System Road Program. [Passed House 114-0] [Died in Senate Finance Committee]

HB 982 Requires insurance agent to explain flood insurance coverage and verify with customer's signature. [This bill originally passed the House 101-17. Twelve days later, it was reconsidered and amended to require the phrase "windstorm deductible" to be used when a policy has such a deductible. It then passed 121-0.] [Amended and approved by the Senate Insurance Committee, but it was never taken up on the Senate floor.]

HB1221 Issues certificate of need (CON) to nursing home facility in operation before Katrina to move certain nursing home beds from Hancock County to Harrison County and construct new facility. An amendment to issue a CON to a Clark County hospital was tabled 68-42. [Passed House 117-1] Initially amended in the Senate and passed 47-3, but that was later reconsidered, the amendment was removed, leaving the bill in the same form as it passed the House, and it passed 50-0. A few days later, it was reconsidered yet again and amended to require a CON to be applied for by a facility that formerly had a CON but has been closed at least five years. It also added a CON for a skilled nursing facility in Yazoo County, a community living facility in Madison County for the developmentally disabled, and it added a requirement that the Department of Health provide a report to the legislature on how well the current CON process is working. [Passed Senate 45-1] [House concurred in Senate amendment] [Approved by Governor]

HB1223 Clarifies when landlord can recover possession of rented premises in landlord-tenant law. [Passed House 74-44] [Died in Senate Judiciary B committee]

HB1318 Establishes Hurricane Katrina Response and Recovery Oversight Act. Creates a joint legislative committee (7 members of the House and 7 members of the Senate) to oversee all state recovery and rebuilding plans. When this bill was introduced, it would have given the Governor certain powers, such as making certain personnel decisions, provide grants and funds to local governments and other agencies to provide services to the State, and appoint 7 members to the Oversight Committee created in the bill. These gubernatorial powers were deleted in committee, and the House accepted the committee's action. [Passed House 79-42] [Died in Senate Appropriations committee]

HB1319 Requires insurers to provide written statement of explanation of flood exclusion and earthquake exclusion to insureds. [Passed House 120-0] [Died in Senate Insurance Committee]

HB1320 Provides for tracking of certain grant funds for assistance to homeowners affected by Hurricane Katrina. [Passed House 120-0] [Passed Senate 50-0] [Vetoed by Governor] [House sustainted veto]

HB1321 Requires timely payment of property/casualty insurance claims. [Passed House 109-9] [Died in Senate Insurance Committee]

HB1323 Authorizes residential structures destroyed by Hurricane Katrina to be rebuilt in their previous location regardless of current lot size restrictions for residential construction. [Passed House 118-0] [Passed Senate 50-0] [Signed by Governor]

HB1324 Authorizes Stennis Institute to conduct study of performance of first responders to Hurricane Katrina. [Passed House 121-0] [Passed Senate 50-0] [Signed by Governor]

HB1406 Requires Hancock, Harrison, Jackson and Pearl River Counties to enforce certain wind and flood mitigation requirements in building codes. Allows the local governing authorities of any municipality in these counties to opt out only by adopting certain building codes listed in this bill. [Passed House 105-9] Amended by the Senate to replace the House language with the provisions previously approved by the Senate in SB2807 to establish a statewide building code. [Passed Senate 47-3] The House did not concur with the Senate amendment, so the bill went to conference. Conference report passed Senate and House.

HB1449 Authorizes MEMA to use school buses to transport evacuees during a state of emergency. [Passed House 119-0] [Died in Senate Education Committee]

HB1451 Requires MEMA to establish statewide public safety planning and mapping system. [Passed House 122-0] [Passed Senate Veterans & Military Affairs Committee; Died in Senate Appropriations Committee]

HB1498 Allows utilities to borrow money through the state to get a lower interest rate to use in repairing Hurricane Katrina damage. This will mean a lower surcharge on consumers’ monthly electric bills for the repairs. [Passed House 120-2] [Passed Senate 49-0] [Signed by Governor]

HB1548 Establishes disaster relief loan program for persons sustaining flood damage to homes and authorizes the issuance of bonds to provide funds.

HB1615 Provide for issuance of bonds to provide loans to Agribusinesses for damage from 2005 natural disasters. [Passed House 120-1] [Died in Senate Finance Committee]

HB1638 Authorizes the issuance of $50 million in bonds for a statewide wireless communications system and $10 million in bonds for a cooperative data system. [Passed House 80-42] Amended in the Senate. [Passed Senate]

SB2071 Authorizes additional use of bonds issued for the Port of Pascagoula, Mississippi, to allow for dredging to increase capacity. [Passed Senate 51-0] [Died in House Ways & Means Committee]

SB2073 Provides the final $56 million in bonds for upgrading the state-owned shipyard in Pascagoula for Northrop Grumman Ship Systems. [Passed Senate 48-0] The House amended the bill to prohibit the bonds from being issued until Northrop Grumman certifies that it has created the minimum number of jobs required by previous such bond issues. It prohibits the bonds from being issued before January 2007, and it limits the issuance of these bonds to no more than $14 million per fiscal year. [Passed House 114-2] The Senate concurred with the House's amendment. [Passed Senate 49-0] [Approved by Governor]

SB2171 Authorizes Transportation Commission to build or contract with private entities to construct toll roads. Such roads would only be permitted if there exists an alternative, non-toll highway along the same general route. Toll would not be charged for evacuation routes in times of emergency. [Passed Senate 50-0] [Died in House Transportation Committee]

SB2384 Dwelling houses destroyed in certain counties by Hurricane Katrina are considered homes for two years under homestead exemption. [Passed Senate] [Passed House] [Approved by Governor]

SB2396 Allows purchasing entity to designate the method for receiving bids for public purchases in excess of $15,000. [Passed Senate 51-0] [Died in House Appropriations Committee]

SB2433 Requires labor on government contracts to be performed by U.S. citizens or legal aliens. [Passed Senate 50-1] [Died in House Judiciary A committee]

SB2463 Authorizes use of Disaster Assistance Trust Fund to reimburse local governments for cost of deployed personnel. [Passed Senate] [Passed House] [Approved by Governor]

SB2499 Allows Mississippi Development Authority and MS Prison Industries to develop an economic development program regarding the feasibility of prison labor to prevent plant closings under NAFTA. [Passed Senate 50-0] [Died in House Corrections Committee]

SB2727 Revises time period for payment to contractors in construction contracts. [Passed Senate] [Passed House] [Approved by Governor]

SB2757 Creates the Comprehensive Electronic Court Systems Fund that would implement and manage a comprehensive court case management and electronic filing system. This system would also allow duplicate dockets and case files at remote sites to avoid loss of information. The funding would come from an additional $10 fee on all circuit and chancery court filings. [Passed Senate 45-5] The House approved a minor amendment and passed the bill 72-48. Two days later, it was reconsidered and was defeated 64-56, eight votes short of the 72 it needed. It was then reconsidered a second time, and it was amended to prohibit the implementation of a statewide case management and electronic filing system unless it is specifically approved by the Legislature. The bill, as amended, was then approved. [Passed House 102-17] Senate declined to concur in House amendment, so the bill went to conference. Conference report passed Senate and House.

SB2807 Enacts the Building a Safer and Stronger Mississippi Act regarding building codes and standards. [Passed Senate 48-3] [Died in House Ways & Means Committee, but most provisions were added by the Senate to HB1406]

SB2868 Authorizes the use of the Mississippi Coast Coliseum trust fund for repairs necessitated by Hurricane Katrina. [Passed Senate] [Passed House] [Approved by Governor]

SB2943 Creates Mississippi Gulf Coast Region Utility Board to consolidate water, wastewater, storm water and solid waste services in the counties of George, Hancock, Harrison, Jackson, Pearl River and Stone. [Passed Senate 32-16] The House deleted all the Senate language except the "findings" section that merely says that such a board is a good idea and ought to be done. [Passed House 121-0] Senate declined to concur in House amendment, so the bill went to conference. Conference report passed House and Senate.

SB3082 Authorizes the issuance of $50 million in bonds for a statewide wireless communications system and $10 million in bonds for a cooperative data system. [Passed Senate 49-0] Passed House Ways & Means Committee, but not action was taken on the floor, thus killing the bill.

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Health Care

HB 123 Creates Clean Indoor Air Act. Prohibits smoking in all government buildings, except designated areas created by local governing authorities. [Passed House 83-37] The Senate amended the bill to remove the ability of local governments to designate smoking areas in their own buildings. The Senate version also exempts (which means that smoking will be allowed in) any space in government buildings that is used by law enforcement officers. It also allows each academic and administrative department at each state university and community college to exempt the "private offices" of faculty and staff and to designate other "smoking permitted" space. [Passed Senate 40-9] [House concurred 104-15 in the Senate amendment.] [Signed by Governor]

HB 210 Appropriates funds for the Department of Mental Health to fully fund crisis centers. [Passed House 119-0] [Passed Senate 49-0] [Signed by Governor]

HB 379 Creates Critical Needs Nursing Faculty Incentive Program that provides salary supplements for nurse faculty. [Passed House 120-0] [Passed Senate Public Health Committee; Died in Senate Appropriations Committee]

HB 542 Reauthorizes the State Board of Pharmacy for one more year. [Passed House 122-0] The Senate amended the bill to expand the authority of the Board to include Pharmacy Benefit Management (PBM) companies, which manage pharmacy insurance benefits, usually under employer-provided insurance plans. The bill creates a "Prompt Pay Act" to require PBMs to pay pharmacists within 15 days by electronic format or 35 days by paper format. The bill also authorizes criminal background checks on students at the University of Mississippi School of Pharmacy. It also directs the Board to develop and implement a computer program to track prescriptions for controlled substances and report illegal activity. [Passed Senate 51-0] [House concurred in the Senate amendment]

HB 559 Authorizes Board of Health to assess permit fees for environmental services. [Passed House 93-28] [Died in Senate Public Health Committee]

HB 560 Creates Child death review panel. The House version had three statements regarding the reasons for creating the panel. [Passed House] The Senate amended the bill, deleting those three statements and adding two more members to the panel. [Passed Senate] The House did not concur with the Senate amendment, so the bill went to conference. Conference report passed House and Senate.

HB 570 The House version merely extended the current law related to the Department of Human Services' operation of the Child Care and Development Fund, which helps eligible working parents pay for early care and education services for their children. [Passed House 121-0] The Senate amended the bill to transfer the licensing and regulation of child-care facilities from the Department of Health to the Department of Human Services. [Passed Senate] The House did not concur with the Senate amendment, so the bill went to conference where it died after an agreement was not reached.

HB 848 Prohibits smoking in public facility when youth are engaged in organized athletic event in facility. [Passed a House committee, but no action was taken on House floor, thus killing it.]

HB 991 Creates joint legislative committee to study development possibilities for the public property known as State School for the Blind and to consider the disposal of other surplus public property. [Passed House] The Senate amended the bill to provide for the Department of Finance and Administration to transfer the Old Veterinary Diagnostics Building to the Department of Health until the new health facility is completed. [Passed Senate] The House did not concur with the Senate amendment, so the bill went to conference. Conference report passed House and Senate.

HB1379 Allows Medicaid funding for nursing home services to be used to pay for home- and community-based services. [Passed House 122-0] [Died in Senate Appropriations committee]

SB2677 Authorizes physical therapist to conduct examination and treatment without physician referral under certain conditions. [Passed Senate 36-15] Amended by the House, passed, reconsidered, and passed again. [Passed House 118-0] [Senate concurred 48-0 in the House amendment] [Approved by Governor]

SB2981 Allows certain expenses related to the donation of an organ to be deducted from gross income for income tax purposes. [Passed Senate 49-0] [Passed House 120-0] [Approved by Governor]

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Government Regulation and Eminent Domain

HCR 10 Eminent Domain; Amends the MS Constitution to provide that private property shall never be taken for private economic development purposes. [Passed House 117-1] Amended by Senate. [Passed Senate 51-0] The House did not concur with the Senate amendment, so the bill went to conference. Conference report passed Senate. The House sent bill back to conference where it died after no agreement was reached.

HB 100 Prohibits the use of Eminent Domain to condemn private property for retail, office, commercial, industrial or residential development; or primarily for the enhancement of tax revenue. Also allows the original owners of any property condemned by eminent domain and not used for its primary purpose or not used within 30 years to have the right to buy it back first, if the property is determined to be sold. An amendment to allow the buy-back provision to be applied to property already condemned before the passage of this bill passed 59-57. The bill was amended three other times by voice vote, and two other amendments failed. [Passed the House 116-3] Amended by Senate. [Passed Senate 51-0] The House did not concur with the Senate amendment, so the bill went to conference. The bill was sent back to confernce twice before the third conference report passed Senate.

HB 190 Allows government-owned real property acquired through eminent domain to be sold to original owner if not used for public purpose within 15 years. [Passed House 113-7] [Died in Senate Judiciary B Committee]

HB 299 Requires local governing authorities to file economic interest statements with Ethics Commission. [Passed House 122-0] [Died in Senate Judiciary A Committee]

HB 409 Makes a violation of the seat belt law to be a primary offense. [Passed House 95-25] [Passed Senate 48-4] [Signed by Governor]

HB 559 Authorizes Board of Health to assess permit fees for environmental services. [Passed House 93-28] [Died in Senate Public Health Committee]

HB 632 Revises exemptions for municipal purchases made during last quarter of last year of term for governing authorities. [Passed House] The Senate added a section giving the governing authorities of a municipality the power to restrict access to streets at certain times and to "repair, maintain, pave, sprinkle, adorn and light such street." [Passed Senate] The House did not concur with the Senate amendment, so the bill went to conference. Conference report passed Senate and House.

HB 646 Increases schedule of fees charged by Health Department for regulation of radioactive materials. [Passed House 93-25] [Passed Senate 50-0] [Signed by Governor]

HB 683 Creates Mississippi Agritourism Promotion Act. Gives a tax credit equal to up to $2000 of the cost of liability insurance for registered agritourism operators. [Passed House 115-7] [Passed Senate Agriculture Committee; Died in Senate Finance Committee]

HB 768 Allows Commission on Marine Resources to grant additional 30-day extensions in the processing of coastal wetlands permit applications. [Passed House 122-0] [Passed Senate 51-0] [Approved by Governor]

HB 849 Price Gouging; Provides that the price restriction for goods and services during emergencies shall apply statewide (not just in the affected areas), and it makes violation of this law a felony if the business has total sales of $50 or more for any day when the violation occurred. It also authorizes the Attorney General to monitor petroleum-based fuel prices throughout the state. [Passed House 116-6] [Died in Senate Judiciary B Committee]

HB 896 Expands authority of Mississippi Commission on Environmental Quality. [Passed House 122-0] Amended by the Senate. [Passed Senate 50-0] The House did not concur with the Senate amendment, so the bill went to conference. Conference report passed House and Senate.

HB1033 Removes requirement that all municipal judges must be compensated the same. [Passed House 121-0] [Passed Senate] [Approved by Governor]

HB1049 Authorizes and/or requires state agencies to charge fees to other agencies for providing certain services. [Passed House 92-30] [Died in Senate Appropriations Committee]

HB1113 Creates the Mississippi Small Business Regulatory Flexibility Act. [This bill originally passed the House 122-0. However, the bill actually is dead now, because a motion to reconsider the bill was entered and never acted on. Under House rules, if the motion to reconsider is not acted on by a certain deadline, the bill dies.]

HB1127 Authorizes storm water management districts to assess a certain amount of user fees, rates, fines, penalties and other charges and to require permits. [Passed House 86-35] [Died in Senate Environment Committee]

HB1141 Clarifies the regulation of the discharge of firearms in counties or municipalities. It also includes a controversial provision that has the effect of prohibiting property owners, including businesses, from restricting gun possession on their property. [Passed House 93-27] Amended by the Senate to grant legal immunity to employers "for damages resulting from or arising out of an occurrence involving the transportation, storage, possession or use of a firearm covered by this section." The Senate also added certain weapons to the list of those covered by this bill. [Passed Senate 38-12] [House concurred 94-25 in the Senate amendment] [Approved by Governor]

HB1229 Establishes document formatting standards in real estate recordings. [Passed House] Amended by the Senate. [Passed Senate] The House did not concur with the Senate amendment, so the bill went to conference where it died after no agreement was reached.

HB1252 Limits the Public Service Commission’s regulation of certain telecommunication utilities. [Passed House 121-0] [Passed Senate 51-0] [Signed by Governor]

HB1258 Places the Mississippi Institute for Forest Inventory within the State Forestry Commission. [Passed House 121-0] [Died in Senate Forestry Committee]

HB1280 Revises Department of Public Safety requirements for issuing motor vehicle salvage title certificates of inspection. Provides for a penalty of $1000 for a salesman who sells a car that had been submerged without notifying the purchaser in writing. [Passed House] The Senate changed the penal provision to include those salesmen who should have known the car had been submerged, thus putting the burden on the dealers or salesmen to inspect the cars. They also set the fine at a level "...not to exceed the price of the vehicle." [Passed Senate] [House concurred in Senate amendment] [Approved by Governor]

HB1301 Establishes board to license and regulate private security officers. [Passed House 95-23] [Died in Senate Business and Financial Institutions Committee]

HB1416 Creates the Notification of Public Funds Used in the Media Act. Requires all notices, advertisements and announcements of vital information paid for in whole or in part with public funds to contain the phrase "This advertisement is paid for by the taxpayers of Mississippi." Requires all media outlets to annually publish the amount of public funding they received. [Passed House 89-30] [Died in Senate Appropriations Committee]

HB1454 Exempts personal information of law enforcement officials and families, judges, DAs and investigators from MS Public Records Act. [Passed House 117-0] Amended by the Senate. [Passed Senate 50-0] [House concurred in Senate amendment] [Approved by Governor]

SB2074 Requires judges to disclose certain gifts from litigants. [Passed Senate 51-0] [Died in House Judiciary A Committee]

SB2156 Authorizes an administrative fine to be levied for food service establishments operating without a permit. [Passed Senate 31-17] Amended in the House. [Passed House 116-6] [Senate concurred 49-0 in House amendment] [Approved by Governor]

SB2178 Revises approval procedure for overseas travel of university employees. [Passed House] [Passed Senate] [Approved by Governor]

SB2374 Allows "cash for title" and other small loan licensees to sell auto club memberships to their borrowers as long as it is not required for obtaining the loan. Also makes technical changes to the current law governing such licensees. [Passed Senate ] An amendment in the House to delete the auto club membership provision failed 60-60 on the first attempt, but then the House voted 65-56 to reconsider that vote and passed the amendment 62-60. The shortened bill then passed 72-49. However, eight days later, the House voted 74-46 to reconsider the bill. An amendment passed 78-41 to restore the auto club membership provision, but with the added condition that such memberships can only be offered after the loan agreement has been signed. The bill then passed the House 77-39. There was a final attempt to reconsider the bill again, but it was tabled (defeated) 72-46. [Senate concurred in House amendment] [Approved by Governor]

SB2401 Clarifies authority of State Auditor to audit public funds flowing into a nonprofit corporation. [Passed Senate 51-0] [Died in House Judiciary A Committee]

SB2418 Increases fee for reinstatement of driver's license following suspension. [Passed Senate] [Passed House] [Vetoed by Governor]

SB2433 Requires labor on government contracts to be performed by U.S. citizens or legal aliens. [Passed Senate 50-1] [Died in House Judiciary A committee]

SB2565 Restricts power of eminent domain to direct public use. [Passed Senate 51-0] [Died in House Judiciary A Committee]

SB2606 Removes the regulation of rates for cellular service by BellSouth and other basic phone service providers from the Public Service Commission. [Passed Senate 52-0] [Died in House Public Utilities Committee]

SB2724 Places the MS Institute for Forest Inventory within the State Forestry Commission. [Passed Senate 51-0] Amended by the House. [Passed House 120-0] The Senate did not concur with the House amendment, so the bill went to conference. Conference report passed House and Senate.

SB2742 Enacts MS Residential Electronic Protection Licensing Act. [Passed Senate] The House amended the bill. [Passed House]

SB2757 Creates the Comprehensive Electronic Court Systems Fund that would implement and manage a comprehensive court case management and electronic filing system. This system would also allow duplicate dockets and case files at remote sites to avoid loss of information. The funding would come from an additional $10 fee on all circuit and chancery court filings. [Passed Senate 45-5] The House approved a minor amendment and passed the bill 72-48. Two days later, it was reconsidered and was defeated 64-56, eight votes short of the 72 it needed. It was then reconsidered a second time, and it was amended to prohibit the implementation of a statewide case management and electronic filing system unless it is specifically approved by the Legislature. The bill, as amended, was then approved. [Passed House 102-17] The Senate did not concur with the House amendment, so the bill went to conference. Conference report passed House and Senate.

SB2771 Considers need of Commission on Environmental Quality in local waste management plans. [Passed Senate 48-3] [Died in House Conservation Committee]

SB2828 Price gouging; Provides that when an emergency is declared to exist anywhere in the state, "then the value received for all goods and services sold within the designated emergency impact area shall not exceed the prices ordinarily charged for comparable goods or services in the same market area at or immediately before the declaration of a state of emergency." This Senate bill differs from House Bill 849 by authorizing the Governor to limit the area where price restrictions will apply and by placing the misdemeanor/felony threshold at $500 per day (vs. $50 per day in the House bill) for the amount of sales. [Passed Senate 51-0] [Passed House 115-0] [Signed by Governor]

SB2832 Clarifies that the authority of a mayor is executive and the authority of the board of aldermen is legislative in certain forms of municipal government. [Passed Senate] [Passed House] [Approved by Governor]

SB2839 Requires one year (replacing the current six-month requirement) of driving under a learner's permit before an intermediate license may be obtained. An intermediate license will still be required to be held for six months before anyone under age 17 may receive a full driver's license. [Failed original Senate vote 20-28 when it required a year for both permit and intermediate, but was reconsidered and amended to restore the six-month requirement for intermediate. It then passed the Senate 43-7.] [Died in House Transportation Committee]

SB2849 Authorizes the Workers' Compensation Commission to allow pooling of certain liabilities under an employers liability insurance policy. [Passed Senate] The House amended the bill to allow self-insured state agencies to be exempt from holding reserves and guaranteeing payment of claims. [Passed House] [Senate concurred in House amendment]

SB2876 Increases fees charged by constables. [Passed Senate] [Passed House] [Approved by Governor]

SB2894 Provides that the salaries of members of board of supervisors shall not be reduced because of reduction in total assessed valuation. [Passed Senate] [Passed House] [Approved by Governor]

SB2935 Authorizes Circuit Clerks to charge a fee for filing a motion to renew judgment. [Passed Senate] [Passed House] [Approved by Governor]

SB2970 Requires auto manufacturers to notify local dealers before entering into a franchise agreement with a potentially-competing dealer who plans to relocate their dealership to within 10 miles (15 miles in less-populated areas) of the current franchisee for that line of cars. The current dealers can file a complaint with the Mississippi Motor Vehicle Commission to require the manufacturer to show just cause why the franchisee should be allowed to move there. [Passed Senate 50-0] [Passed House 73-46] [Approved by Governor]

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Crime

HB 113 Revises conditions in Pretrial Intervention Program when appropriate. [Passed House] Amended by the Senate. [Passed Senate] [House concurred in Senate amendment] [Approved by Governor]

HB 169 Authorizes establishment of restitution center in southwest Mississippi. [An amendment was adopted 70-47 on the House floor regarding private prisons, but the House then voted 72-45 to send the bill back to committee, effectively killing the bill, because the deadline for committee action had already passed.]

HB 174 Requires that fines regarding failure to have an insurance card in a motor vehicle are not be suspended in misdemeanor cases. [Passed House 78-43] [Died in Senate Committee]

HB 192 Allows authorities to use GPS monitoring of certain sex offenders. Requires those first time offenders convicted of receiving pornography through the internet while on house arrest to report as a sexual offender. Provides criminal penalties for those knowingly housing a sex offender. [Passed House 113-5] [Died in Senate Committee]

HB 199 Creates Juvenile Delinquency Prevention Act of 2006. [Passed House 74-47] Amended by the Senate. [Passed Senate 50-0] The House did not concur with the Senate amendment, so the bill went to conference. Conference report passed Senate and House.

HB 264 Allows for certain crimes to be expunged from the record of certain first offenders after two years. [Passed House 93-29] [Died in Senate Judiciary B Committee]

HB 298 Creates Indigent Juvenile Appeals Resource Counsel position within Mississippi Office of Indigent Appeals. [Passed House 100-22] Amended by the Senate. [Passed Senate 50-0] The House did not concur with the Senate amendment, so the bill went to conference. Conference report passed Senate and House.

HB 381 Requires certain stalking offenses by registered sex offenders to be classified as felonies. [Passed House 121-1] Amended by the Senate. [Passed Senate 51-0] The House did not concur with the Senate amendment, so the bill went to conference. Conference report passed House and Senate.

HB 409 Makes a violation of the seat belt law to be a primary offense. [Passed House 95-25] [Passed Senate 48-4] [Signed by Governor.]

HB 527 Defines breast-feeding as an affirmative right that does not constitute any criminal offense. [Passed House 120-0] [Died in Senate Public Health Committee]

HB 551 Restricts use of capital punishment to only those cases where DNA evidence is used. [Passed House 104-15] [Died in Senate Judiciary A Committee]

HB 672 Prohibits payment for cosmetic medical procedures on inmates by county or state. [After this bill passed the House committee, it was amended; but no other action was taken on the House floor, thus killing it.]

HB 703 Requires the use of DNA evidence to insure that administration of the death penalty is not unjust. [Passed House 108-5] [Died in Senate Judiciary A Committee]

HB 733 Requires the notification of crime victims when criminal offender is released. [Passed House 121-0] [Passed Senate 50-0] [Signed by Governor]

HB 838 Expands employment positions to which sex offender status notification is required. [Passed House 114-4] [Died in Senate Judiciary B Committee]

HB 882 Expands justifiable homicide law. [Passed House 104-13] [Amended and approved by the Senate Judiciary A Committee, but it was never taken up on the Senate floor.]

HB1000 Authorizes use global positioning monitoring for parolees and probationers. [Passed House 117-2] [Died in Senate Judiciary B Committee]

HB1002 Clarifies illegality of providing a cell phone to prisoner. [Passed House] [Passed Senate] [Sent to Governor]

HB1056 Creates new obstruction of justice section in criminal code. [Passed House] [Passed Senate] [Approved by Governor]

HB1090 Creates Juvenile Transfer Reform Act of 2006 (the "Tyler Edmonds bill") clarifying the jurisdiction of the courts over juveniles who commit certain crimes. [Passed House 74-48] [Died in Senate Judiciary B committee]

HB1129 Provides immunity for licensed professional counselors report child abuse and makes records confidential. [Passed House 119-0] Amended by the Senate. [Passed Senate 50-0] House took no further action on the bill, allowing it to die.

HB1361 Creates misdemeanor offense for drag racing. [Passed House] [Passed Senate] [Approved by Governor]

SB2013 Prohibits jailers from having consensual sex with detainees. [Passed Senate 51-0] [Died in House Corrections Committee]

SB2086 Seat belt law; Makes failure to wear seat belt a primary offense. Current law requires a motorist to cited and convicted for some other violation first in order to be cited for failure to wear a seat belt. This bill also excludes motor homes from this law. [Passed Senate 47-4] [Died in House Transportation Committee because HB409 was signed by the governor.]

SB2158 Requires revocation of teacher’s license if person convicted of child abuse or child sexual abuse. [Passed Senate 50-0] [Died in House Education Committee]

SB2210 Revises cruelty to animals law for cats and hog/dog fights. [Passed Senate 49-1] [Passed House 111- ] [Approved by Governor]

SB2324 Creates a confidential database to determine the eligibility as a first offender when criminal records are expunged. [Passed Senate 51-0] Amended by the House. [Passed House 119-1] [Senate concurred in House amendment] [Approved by Governor]

SB2418 Increases certain driver's license reinstatement fees to help pay for Highway Patrol officers' overtime. This bill would increase most reinstatements from $25 to $50. It would also increase reinstatements after a DUI from $75 to $200. [Passed Senate 49-2] [Passed House 105-13] [Vetoed by Governor]

SB2426 Clarifies when a duty to retreat exists under self defense law. [Passed Senate 35-9] Amended by the House. [Passed House 115-3] [Senate concurred 39-10 in House amendment] [Approved by Governor]

SB2442 Authorizes the Sheriff in certain counties to use radar on county roads. [Passed Senate 41-9] [Died in House Transportation committee]

SB2511 Allows first-time offenders for selling drugs to be eligible for parole. [Passed Senate 31-18] The House amended the bill (without a recorded vote) to include military service in the consideration of whether to grant parole. Another amendment was approved to require that drug-selling convicts could be eligible for parole only if they were age 25 or younger at the time of their crime. On the first attempt, the bill failed 52-69. It was then reconsidered and amended, and approved. [Passed House 67-51] Senate declined to concur in House amendment, so the bill went to conference. House passed conference report. Bill went back to conference. House passed conference report again.

SB2527 Creates the Sex Offender Task Force to study GPS monitoring of sex offenders. Also requires additional information from sex offenders registering with the state. Creates the crime of conspiring with a sex offender to elude registration and providing false information. Requires any registered sex offender to obtain a driver's license identifying them as a sex offender. [Passed Senate 50-0] Amended in the House. [Passed House 119-3] Senate declined to concur in House amendment, so the bill went to conference. Conference report passed Senate and House.

SB2587 Imposes punishment for escape when jailed for contempt. [Passed Senate] [Passed House] [Approved by Governor]

SB2667 Revises definition of sexual battery and fondling of vulnerable adults and subjects those convicted of such crimes to reporting requirements for sex offenders. [Passed Senate 51-0] [Passed House 122-0] [Signed by Governor]

SB2729 Adds licensed professional counselors to the list of those with immunity for good faith reporting of suspected abuse and neglect. [Passed Senate] [Passed House] [Approved by Governor]

SB2748 Provides limited immunity from criminal trespass for wildlife conservation officer while in lawful performance of official duties. [Passed Senate] The House amended the bill to provide that this immunity shall not allow officers to violate any individuals’ constitutional right against unreasonable searches and seizures. [Passed House]

SB2800 Increases penalties for home repair fraud. [Passed Senate] The House amended the bill to add a provision allowing a consumer to place a "security freeze" notice in the consumer’s credit file. [Passed House] The Senate did not concur with the House amendment, so the bill went to conference where it died after an agreement was not reached.

SB2819 Provides that the sale or possession of a counterfeit controlled substance is a felony. [Passed Senate] The House amended the bill by requiring that the substance must be misrepresented as a "prescription controlled substance" in order for the crime to be a felony; otherwise, a misdemeanor. [Passed House] The Senate did not concur with the House amendment, so the bill went to conference where it died after an agreement was not reached.

SB2865 Revises sex offender registration. Provides for the participation in the Federal DNA Indexing System. Requires any registered sex offender to obtain a driver's license identifying them as a sex offender. [Passed Senate 50-0] Amended by the House. [Passed House 117-2] Senate declined to concur in House amendment, so the bill went to conference. Conference report passed Senate and House.

SB2876 Increases fees charged by constables. [Passed Senate] [Passed House] [Approved by Governor]

SB2899 Revises punishment when victim of rape and sexual battery is under 12. [Passed Senate 51-0] [Died in House Judiciary B Committee]

SB2929 Requires certain crimes against young children punishable by life without parole. [Passed a Senate committee, but no action was taken on the Senate floor, thus killing it.]

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Miscellaneous

HB 74 Designates Hill Fire folk play as official folk play of Mississippi. [Passed House 120-1] [Died in Senate Rules Committee]

HB 207 Increases the maximum weekly unemployment compensation benefit to $230 beginning July 1 of this year and $250 beginning July 1, 2007. [Passed House 99-22] [Passed Senate Insurance Committee, but on the Senate floor, it was sent back to committee, effectively killing the bill since the deadline for committee action had already passed.

HB 242 Prohibits the spending of bingo net proceeds on bingo-related administrative expenses. Requires bingo games to be conducted in a building or hall physically separate from the charitable organization conducting the bingo. Allows for bingo license for up to 3 years. [Passed House 105-12] [Died in Senate Finance Committee]

HB 681 Allows mortgage companies to collect advance fee from borrower to lock in loan rate for more than 60 days. [Passed House 121-0] Amended by the Senate. [Passed Senate 50-0] [House concurred in Senate amendment] [Approved by Governor]

HB 698 Requires children aged 12 to 16 who have not successfully completed the hunter education course to be accompanied by a licensed hunter who is 21 or older. A one-time "apprentice" license could be issued to someone 16 or older who had not completed a hunter education program, but after its expiration, the person could not hunt until they completed such a program. [Passed House 99-20] The Senate amended the bill to allow the apprentice license to be held by anyone who has not completed a hunter ed course, regardless of age. [Passed Senate 50-0] [House concurred 114-0 in Senate amendment] [Approved by Governor]

HB 827 Clarifies security interest in mobile home if affixed to realty. [Passed House] [Passed Senate] [Approved by Governor]

HB 845 Designates "I Am Mississippi" as official state poem. [Passed House 121-0] [Died in Senate Rules Committee]

HB 919 Clarifies placement of bait when hunting on private property and defines certain terms. [Passed House 79-41] [Died in Senate Wildlife, Fisheries, and Parks Committee]

HB 929 Exempts hunting accident reports from disclosure under the Public Records Act. Authorizes wildlife conservation officers to perform alcohol and drug tests on hunters. [Passed House 96-23] The Senate amended the bill to allow such alcohol or drug tests to be performed only in cases where the person was involved in an accident where his use of a weapon caused injury or death to another person. [Passed Senate 50-0] The House did not concur with the Senate amendment, so the bill went to conference. Conference report passed House and Senate.

HB 961 Requires the chancery and circuit courts to deposit $5 of each civil filing fee it receives to fund the Mississippi Civil Legal Assistance Fund. [Passed House 92-29] The Senate amended the bill. [Passed Senate 42-6] The House did not concur with the Senate amendment, so the bill went to conference. Conference report passed House and Senate. The Senate reconsidered the bill then passed the conference report.

HB1034 Creates the Mississippi Delta Region Revitalization Commission under the state college board to study ways to revitalize the Delta. [Passed House 121-1] Amended by the Senate. [Passed Senate 50-0] [House concurred 119-1 in Senate amendment] [Approved by Governor]

HB1089 Creates pilot project in certain counties to allow deer hunting over grain. [Passed House 63-46] The Senate amended to bill to give broad authority to the Mississippi Commission on Wildlife, Fisheries and Parks, not only over baiting but also over setting the dates of hunting seasons, which the legislature has in the past set by law. [Passed Senate 32-12] The House did not concur with the Senate amendment, so the bill went to conference where it died after no agreement was reached.

HB1215 Changes Window Tinting Law to require light transmittance of 28% or more and a sticker placed on the windshield showing compliance with this law. Does not require inspection stations to inspect the tint unless they are a station that specifically inspects windows. [Passed House 120-0] The Senate added an amendment authorizing rural mail carriers to put a white strobe light on top of their vehicles. [Passed Senate 50-0] House concurred in Senate amendment. [Approved by Governor]

HB1222 Clarifies unclaimed property law regarding certain intangible personal property. This bill was amended on the House floor to exempt dividends of "self-insured workers’ compensation groups or associations comprised of members who have joint and several liability for the workers’ compensation obligation of the other members." [Passed House 120-0] Amended by the Senate. [Passed Senate 51-0] House concurred in Senate amendment. [Approved by Governor]

HB1311 Authorizes consumers to place security freeze in certain files maintained by credit reporting agencies. [Passed House 120-0] Amended by the Senate. [Passed Senate 38-13] The House did not concur with the Senate amendment, so the bill went to conference where it died after no agreement was reached.

HB1329 Allows certain charitable organizations to be licensed to conduct bingo games for five years. [Passed a House committee, but no other action was taken on the House floor, thus killing it. However, HB 242, which did pass, includes a similar provision, except that it allowed for a three-year license.]

HB1349 Provides for certification of minority business enterprise suppliers under Minority Business Enterprise Act. [Passed House 120-0] Amended in the Senate. [Passed Senate 48-0] The House did not concur with the Senate amendment, so the bill went to conference. Conference report passed Senate and House.

HB1363 Clarifies that chancery clerks shall charge for each oil and gas assignment and the cancellation of deeds of trust rather than allowing them to be grouped and one fee charged for the group. [Passed House 111-11] [Passed Senate 48-0] [Approved by Governor]

HB1373 Designates a portion of the Tombigbee River in Itawamba County to be eligible for nomination to State Scenic Streams Stewardship Program. [Passed House 121-0] [Passed Senate 50-0] [Signed by Governor]

HB1443 Deletes requirement for loan committee approval of certain bank loans. [Passed House 118-0] [Passed Senate 50-0] [Signed by Governor]

HB1459 Revises the definition of energy efficiency equipment and services for the purposes of contracting for such equipment and/or services by public entities. Includes improvements or equipment related to renewable energy, water and other natural resources conservation, including accuracy and measurement of water distribution and/or consumption. [Passed House 122-0] Amended by the Senate. [Passed Senate 50-0] [House concurred 120-0 in Senate amendment] [Approved by Governor]

HB1469 Allows the vice president Yazoo-Mississippi Delta Levee Board to be paid a salary instead of per diem. [Passed House 88-33] [Died in Senate Fees & Salaries Committee]

SB2006 Requires notice of cancellation, reduction in coverage or nonrenewal of coverage to be mailed or delivered by the insurer to the insured and any named creditor loss payee. [Passed Senate 51-0] The House amendment added a 10-day notice requirement. [Passed House 122-0] [Senate concurred in House amendment] [Approved by Governor]

SB2037 Requires that the Products Liability statute be the exclusive remedy for any legal action for damages based on an injury from the use of any product. [Passed Senate 43-8] [Died in House Judiciary A Committee]

SB2041 Prohibits computer-assisted remote hunting. [Passed Senate] [Passed House] [Approved by Governor]

SB2075 Ensures lands will always be available to Mississippians for hunting. [Passed Senate] The House amended the bill to delete the requirement of the preparation of an annual report on managed acreage by the Wildlife and Fisheries Commission. [Passed House] The Senate did not concur with the House amendment, so the bill went to conference. Conference report passed House and Senate.

SB2087 Provides that any employee who makes a false or misleading statement for the purpose of obtaining workers' compensation benefits, upon determination by the workers' compensation commission, shall forfeit his right to such benefits. [Passed Senate 51-0] [Passed House Insurance Committee; Died in House Judiciary A Committee]

SB2181 Provides that certain owner/operators of motor vehicles are independent contractors and are exempt from the provisions of the workers' compensation law. [Passed Senate 51-0] Amended by House. An amendment to remove certain exemptions initially failed 46-72, but then the House voted 66-52 to reconsider the amendment, and the amendment was approved 66-52. [Passed House 119-0] [Senate concurred in House amendment]

SB2201 Requires public employees engaging in lobbying activities to be included in lobbying law. [Passed Senate 49-0] [Died in House Judiciary A Committee]

SB2210 Adds cats to the types of animals included in the law preventing cruelty to animals. Also prohibits people from staging "hog/dog" fights for profit, where the intent or likely outcome is severe injury or death to the hog. [Passed Senate 49-1] The House adopted some changes but rejected (without a recorded vote) an amendment that would have deleted the prohibition on hog/dog fights. [Passed House 111-11] [Senate concurred in House amendment] [Approved by Governor]

SB2269 Allows for appointment of interpreters for non-English speaking persons in court proceedings. [Passed Senate] The House amended the bill by striking the entire Senate language and inserting a bill that would merely require the administrative office of courts to study the need for interpreters and report the finding to the Legislature by December 1, 2006. [Passed House] The Senate did not concur with the House amendment, so the bill went to conference. Conference report then passed House and Senate.

SB2454 Allows in-state sale of native wine to consumers only at the location of the native winery. [Passed Senate] [Passed House] [Approved by Governor]

SB2469 Makes technical amendments relating to the administration of the Miss. Dept. of Employment Security, including the use of electronic and digital communication as forms of official notice, in addition to mail and other technical changes. This bill passed the Senate but was reconsidered nine days later and amended to "bring forward" (print the text of the current law with no suggested changes, in case they decide to change it later in the process) the code sections dealing with the Governor’s Workforce Training Enhancement Act of 2005. It was further amended to redefine "Temporary Employee" and clarify what constitutes a "voluntary quit" for temporary employees. [Passed Senate 50-0] The House amended the bill to remove most of the business community's involvement in the oversight of workforce training funds paid in part by unemployment taxes paid by businesses. This gives responsibility for such oversight to the community colleges who are spending the money. [Passed House 81-39] The Senate did not concur with the House amendment, so the bill went to conference where it died after an agreement was not reached.

SB2488 Delays until 2008 the Jury Patriot Act which limits the reasons that potential jurors can be excused from service. This Act was part of the 2004 tort reforms. [Passed Senate 51-0] [Passed House 116-5] [Approved by Governor]

SB2592 Revises Model Business Corporation Act. [Passed Senate 51-0] [Passed House 122-0] [Signed by Governor]

SB2695 Extends until 2010 the Mississippi Telephone Solicitation Act, which restricts telemarketing calls. [Passed Senate 52-0] [Passed House 122-0] [Signed by Governor]

SB2708 Changes predatory class of animals to nuisance animals and clarifies trapping of nuisance animals. [Passed Senate] The House amended the bill to add the new class of nuisance animals. [Passed House]

SB2726 Repeals the Mississippi Business Development Corporation Law. The 1960 legislation governed the creation of economic development corporations. [Passed Senate 51-0] [Passed House 116-4] [Signed by Governor]

SB2739 Requires seat belts in cars manufactured after 1962. [Passed a Senate committee, but no other action was taken on the Senate floor, thus killing it.]

SB2765 Amends 49-7-47 to delete references to common snapping turtles. [Passed Senate] [Passed House] [Approved by Governor]

SB2767 Revises prohibition on the sale of game animals, birds and fish. [Passed Senate] [Passed House] [Approved by Governor]

SB2781 Enacts the Uniform Fraudulent Transfer Act, defines fraudulent transfer and provides certain remedies for creditors. [Passed Senate 50-0] [Passed House 122-0] [Signed by Governor]

SB2803 Directs the state to donate and convey Nanih Waiya State Park and Mound to Mississippi Band of Choctaw Indians. Also directs the MDOT to donate certain parcels of state-owned land to the City of Brookhaven and Lawrence County. [Passed Senate] The House amended this bill by deleting the conveyance of Nanih Waiya State Park and adding a provision allowing the Department of Finance and Administration to lease a portion of land next to the State Veterans Home in Collins to a private owner to allow ingress and egress. [Passed House] The Senate did not concur with the House amendment, so the bill went to conference. Conference report then passed House and Senate.

SB2843 Increases the maximum unemployment benefit to $215 per week effective July 1, 2006, and to $220 per week effective July 1, 2007. [Passed Senate 51-0] Amended by the House to $230 per week beginning this year and $250 per week beginning next year. [Passed House 94-26] The Senate did not concur with the House amendment, so the bill went to conference where it died after an agreement was not reached.

SB2855 Requires the identification of the owner of liquefied petroleum gas containers greater than 20 gallons and provides that the owner of the container is the only person allowed to fill the container. [Passed Senate 48-3] [Passed House Insurance Committee; Died in House Judiciary A Committee]

SB2942 This bill originally mandated that "all diesel fuel . . . must contain at least 2 percent bio-diesel fuel oil by volume." It was amended to create a study committee on the uses of bio-diesel fuel. [Passed Senate 48-0] Amended by the House. [Passed House 109-13] The Senate did not concur with the House amendment, so the bill went to conference. Conference report passed House. It was reconsiderd and sent back to conference. Conference report then passed Senate and House.

SB2946 Allows the Mississippi Development Authority to certify minority business enterprise suppliers under the Minority Business Enterprise Act using federal definitions, except that net worth may exceed $750,000. [Passed Senate 51-0] [Died in House Ways & Means Committee]

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Mississippi Center for Public Policy

Friday, September 10, 2010

Legislative Summaries

2006 Legislative Votes and Summaries of Key Bills

February 21, 2006

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