Nothing in life is free. “There’s no such thing as a free lunch.” When we get a product or service at no cost to us, it simply means that someone else paid for it. Everything costs somebody something.
Often we think of government programs and benefits as “free”, but the only way government can give something is to take it from someone else. Even when the government pays for administrative items its employees use, it can only do so with money it took from someone else. If it earns income from land or other property it owns, it can only do so because it first took the land or property from someone.
Few people enjoy paying taxes. As one comedian says, “Taxation with representation ain’t so hot either.” The fourth Chief Justice of the U.S. Supreme Court, John Marshall, wrote, “...the power to tax involves the power to destroy; the power to destroy may defeat and render useless the power to create.” Taxes in themselves are not destructive; excessive taxation, however, breaks the entrepreneurial spirit, resulting in less economic activity and fewer jobs for the citizens.
Obviously, government needs money to pay its legitimate expenses, so this is not a diatribe against all taxes. However, as Milton Friedman reminded us, nobody spends someone else’s money as carefully as he spends his own. When we spend our own money we seek the best price and the most appropriate product or service. When it is “someone else’s” money, it’s easy to splurge and be extravagant.
A common blind spot for state legislators and other state officials is the fact that money appropriated by the federal government is still money taken from taxpayers—including taxpayers who live in Mississippi.
In the first episode of The Beverly Hillbillies, Jed Clampett’s sister asks how much the oil company is going to pay him for the oil on his property. Jed said, “Twelve dollars.” His worldly-wise sister was shocked: “Only twelve dollars?!” To which Jed replied, “Yeah, but it’s some new kind of dollar. I’ve heard of paper dollars, and I’ve heard of silver dollars, but these are called mill-ee-yun’ dollars.” Most politicians at the state level seem to think Washington invented a new kind of dollar that doesn’t really cost anybody anything. They call them “fed-er-al” dollars.
These dollars are highly addictive, even leading to the development of creative schemes to "maximize" them. This simply means, "I don't care what I have to do to get more of those 'fed-er-al' dollars; I want all I can get."
Many who were once considered conservative now treat government as the savior, as long as "federal dollars" are the currency of that salvation. But taxpayers beware: when state lawmakers "maximize federal dollars," it just means they are taking more of your money without taking direct responsibility for doing so.
By financing current spending with borrowed funds, our government is obligating future generations to pay for our whims long after the money has been given to someone else.
Those who serve in office must remember that the ability of government to give to one means taking from another. Those who recognize this stewardship principle will govern with humility and restraint.
This is an excerpt from Governing By Principle, MCPP’s ten principles to guide public policy.
Growing up in the Jackson “bubble,” I knew I wanted to try something new when it came time to attend college. I received a wonderful education at Jackson Academy, but my views were rarely challenged or debated. Attending the University of Alabama was a dream come true, and I looked forward to encountering diverse beliefs and thoughts at a top-tier school boasting more national merit finalists than any other public university. I vowed, though, that I would never lose my faith or convictions.
I vividly recall an honors college seminar taught by an outspokenly liberal professor who asked us to write about something controversial. We could cite any source but one — the Bible. We could cite the Quran, Mao’s Little Red Book or Dr. Seuss. Just not the Bible. In this professor’s opinion, the Bible was not even history; it was just fairy tales. I questioned such intolerance, arguing against my professor’s double standard. I was berated in front of the entire class. I learned then that my views were not tolerated or valued in this class. Unfortunately, mine is not an isolated case.
According to the Foundation for Individual Rights in Education, the University of Alabama has a speech code rating of “yellow.” This means the university has ambiguous protections for free speech. Here in Mississippi, Alcorn State and the University of Southern Mississippi have a yellow rating, whereas Ole Miss and Mississippi State University have a green rating, which indicates no serious threats to free speech. Jackson State and Delta State have red ratings, which means they have “at least one policy that both clearly and substantially restricts freedom of speech.”
Consider this “Student Life” regulation at Delta State: “Words, behavior, and/or actions which inflict mental or emotional distress on others and/or disrupt the educational environment at Delta State University are strictly prohibited.” Many things can cause “mental or emotional distress.” President Donald Trump’s election continues to be a source of great distress for some college students. Should Delta State ban students from displaying Trump bumper stickers or wearing Trump T-shirts? Will the school’s computer servers block internet sites that post pictures of Trump? A regulation prohibiting “mental or emotional distress” is too vague and could lead to administrative actions that violate students’ First Amendment rights.
While both public and private institutions should protect and encourage free speech, publicly funded universities are legally obligated to do so. The U.S. Supreme Court has affirmed this First Amendment right repeatedly: including for religious speech and activities (Widmar v. Vincent (1981)). Concluded the Court: “With respect to persons entitled to be there, our cases leave no doubt that the First Amendment rights of speech and association extend to the campuses of state universities.”
Many institutions have “vice presidents of diversity” who focus solely on that issue. We see diversity based on race, gender and sexual orientation, yet not so much on diversity of thought. Most university professors identify as liberal, and many go further left than that.
A 2016 Econ Journal Watch study that analyzed faculty voter registration records found that Democrats outnumbered Republicans 12 to 1 at 40 leading U.S. universities. Such bias wouldn’t be a problem if we were on a level playing field. But all too often professors and college administrators use their positions of authority and power to intimidate and silence students like me. Many conservatives feel afraid of voicing their opinions because of the political correctness that plagues our nation’s educational system.
In addition, conservative guest speakers often face unfriendly welcomes and threats. Even former Secretary of State Condoleezza Rice backed out of a commencement address at Rutgers University after fierce opposition from students and faculty. In response, then-president Barack Obama condemned Rutgers’ intolerance. “If you disagree with somebody, bring them in and ask them tough questions,” chided the president. “Don't feel like you got to shut your ears off because you're too fragile and somebody might offend your sensibilities.”
Some on the left may have become hateful and violent, as we have seen from the Steve Scalise shooting and the Black Lives Matter protests, but we have to come together to protect free speech and free association. If we want a free nation that respects all beliefs, we must demand that students have the right to express themselves as protected by the First Amendment.
Daniel Ashford is a research associate at the Mississippi Center for Public Policy.
If we really want former prisoners to become productive citizens, take care of their families, and stay out of jail, we should cut the red tape keeping some of them from getting honest work.
Take the case of “Beth,” a Mississippi woman who made mistakes, served her time, but then wanted a better life. Upon release, Beth entered school with the dream of becoming a dental hygienist. After completing her coursework with honors, Beth discovered she was barred from obtaining a license. In Mississippi, dental hygienists cannot get an occupational license if they have a felony conviction; without a license, they can’t work in their chosen profession.
How many other “Beths” are out there? Too many. About 30 percent of all jobs in the United States require an occupational license. A nationwide study by the Institute for Justice shows that Mississippi requires a license for 55 out of 102 low-to-mid-level jobs. Only 4 states license more. Such licenses may make sense for physicians or other professions, but they aren’t necessary for many other jobs.
In addition, licensing requirements often bar ex-cons from getting meaningful, productive work. Here in Mississippi, licensing restrictions prevent ex-cons from becoming tattoo/body artists, embalmers, dieticians, or athletic trainers. What is the logic in preventing an ex-con from cleaning teeth or helping people stay healthy, or embalming dead people?
To its credit, the Mississippi Department of Corrections (MDOC) encourages convicts to get the skills they need to become productive members of society. One model MDOC is evaluating is a successful program at Louisiana’s Angola Penitentiary that is training inmates in HVAC repair, automotive repair, plumbing, the culinary arts, even seminary studies. Whereas half of Louisiana’s inmates return to prison within five years, only 1 in 10 inmates that have participated in Angola’s two-year vocational training program return. These results are confirmed by a study published by the Center for the Study of Economic Liberty at Arizona State University. According to their research, states with high occupational licensing burdens have a recidivism rate (the percentage of inmates who return to prison) four times higher than states with low occupational licensing burdens.
At many of our prisons, we offer training in how to cut hair, do construction work and install carpet. All of the job training programs in Mississippi prisons do train prisoners for careers they are allowed to enter into upon release. Eliminating licensing prohibitions for ex-cons in other fields would create more options, reducing recidivism and reducing welfare dependency.
We need to stop licensing so many low-to-mid-level professions. We also need to be aware of the disproportionate impact licensing has on minorities. According to a recent White House report, “Laws restricting licensing opportunities for workers with criminal records have a disproportionate impact on Black and Hispanic workers.” The White House recommended adopting standards, as 25 states have done, that require licensing boards to clarify how policies that bar ex-cons from getting a particular license are relevant to that profession. A drug possession conviction, for instance, might be a reasonable basis for denying a Commercial Driver’s License (CDL), but be irrelevant to working as a tattoo artist.
Consider the case of Richard Chunn, a bail agent with a felony conviction stemming from a 1981 guilty plea for marijuana possession. Chunn had a long and successful career as a licensed bail agent until a 2011 state law forbid felons from obtaining bail agent licenses. Chunn sued and won at the Mississippi Supreme Court. Citing a similar case out of Connecticut, the Mississippi court observed that such laws fail “to consider probable and realistic circumstances in a felon’s life, including the likelihood of rehabilitation, age at the time of conviction, and other mitigating circumstances” with the result that “many qualified ex-felons are being deprived of employment.”
Bureaucratic, ham-fisted rules shouldn’t prevent people from turning their lives around. Mississippi should follow the 25 other states that are opening the door to hope and opportunity by adopting reasonable licensing standards for those with a criminal conviction.
Daniel Ashford is a research associate with the Miss. Center for Public Policy (MCPP) and will be entering the MBA program at the University of Alabama in the fall
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U.S. Fifth Circuit Court of Appeals Reinstates Freedom of Conscience Law, HB 1523
Today, a three-judge panel of the Fifth Circuit Court of Appeals reinstated the “Protecting Freedom of Conscience from Government Discrimination Act,” more commonly known as HB 1523.
Passed by the Mississippi legislature in 2016, HB 1523 is intended to limit government action against people who believe marriage is a sacred relationship between a man and a woman. It provides protection for photographers, florists, and other wedding vendors who believe a wedding is a religious ceremony and that they shouldn’t be forced to participate in a ceremony that violates their deeply-help religious beliefs.
Today’s ruling did not address the merits of the law, including the question of its constitutionality. The ruling was limited to the question of whether the plaintiffs were qualified (known as “having standing”) to challenge the law in court. The Court said the plaintiffs did not have standing, because the law never went into effect and had caused them no injury except that they were offended by it. “Injury in fact,” not merely being offended by a law, is a prerequisite to having standing in federal court.
The court called the basis of the legal challenge “quite radical” because it would abandon long-held rules for standing which “are essential to preserving the separation of powers and limited judicial role mandated by the Constitution.” The Court also observed, “HB 1523 does nothing to compel the behavior of these plaintiffs; it only restricts the actions of state government officials.”
After HB 1523 was signed into law by Governor Bryant in April of 2016, it was ruled unconstitutional by U.S. District Judge Carlton Reeves on June 30, just minutes before it was to take effect. Attorney General Jim Hood refused to appeal that ruling, so Governor Bryant engaged pro bono counsel to represent him in appealing the decision.
Maine Governor Paul LePage and eight Republican attorneys general filed an amicus brief in support of the law. As they point out, “The law addresses marriage and does not even mention sexual orientation… HB 1523’s plain purpose is to protect individual rights to free expression and the free exercise of religion in our pluralistic society - a laudable goal that governments in this Nation have pursued since the Founding.”
2017 Legislative Recap
Highlights from the Mississippi Legislature's Regular Session
MCPP's top priority for 2017 was a major welfare-to-work bill, which was signed into law (see HB 1090, the first item below). We also worked on bills to reduce the regulatory burden on entrepreneurs, a major one which passed and others which made surprising progress in their first year to be considered. In addition we continued our efforts to revise the graduation test in U.S. History to include the nation’s founding.
As always, we assisted lawmakers on numerous bills by analyzing them based on the principles in our Governing by Principle booklet. We also suggested amendments to bills that could be improved and, in one of our more important roles, encouraged the killing of bills that were inconsistent with those principles.
Below is a summary of most of the significant bills and issues addressed (or not) during the 2017 Regular Session, which began on January 3 and ended on March 29, four days before the anticipated SINE DIE of April 2. Several important bills, such as those regarding school funding and road construction, did not pass and will likely come up again in 2018. A special session has been called for June 5, 2017.
NOTE:
MCPP did not take positions or otherwise work on all these bills. This is a list of the most significant legislation considered by the 2017 legislature, or bills which we thought you would be interested in.
| Bill Trivia |
| Bills Introduced: 2,854 (1,786 House, 1,068 Senate) |
| Signed by Governor: 308 (incl. 100 agency appropriations bills) |
| Became Law without Gov.’s Signature: 6 |
| Vetoed: 4 |
| Partially (Line-Item) Vetoed: 3 |
| * 11% of introduced bills made it through the whole process and became law. That drops to less than 8% if agency appropriations bills (which are required annually) are not included. |
| * 78% of bills that were introduced died without being considered at all. |
| * 44% of House-passed bills died in the Senate; 30% of Senate-passed bills died in the House. |
Significant Legislation Passed
and Signed into Law:
Welfare-to-Work Reforms (HB 1090): Otherwise known as the HOPE Act, HB 1090 will save an estimated $40 million per year for Mississippi taxpayers alone, and four times that much for federal taxpayers, once it is fully implemented over the next two years. It is designed to remove dead people and non-Mississippians from our welfare rolls and to restore the Clinton-era work requirements that have been waived by previous administrations. It also ends our being the only state in the country in which Medicaid and other welfare agencies don't share eligibility information on applicants. According to an independent review of the law, HB 1090 moves "Mississippi to the forefront of states in overall benefits integrity and the move from reliance on benefit programs to employment." MCPP-supported policy.
Regulation
Occupational Licensure Reform (HB 1425): This law is among the first in the nation to respond to a recent U.S. Supreme Court anti-trust ruling. It requires the state to use the least restrictive method of regulating certain professions so that the public
is protected, but competition is not stifled. The regulatory options that may be taken are listed from least to most restrictive, ranging from "market competition" (no license needed) to licensure, with several steps in between. A commission, made up of the governor, attorney general, and secretary of state, will review regulations to ensure
compliance with the law. MCPP-supported policy.
Acupuncture Licensing (SB 2214): This law incrementally lifts current restrictions on acupuncturists that require practice under a supervising physician.
Elimination of Inactive Boards (SB 2572 and HB 1330): These two laws eliminate nearly 20 inactive boards and commissions.
Deregulation for small breweries (HB 1322): This law allows small "craft breweries" to sell a limited amount of light wine or beer products for consumption on or off property. It also increases the amount of beer that a brewpub (a restaurant or bar that produces its own beer) may produce and allows sales for off-premises consumption.
Law Enforcement
Asset Forfeiture Transparency (HB 812): In 2016, MCPP supported efforts to increase transparency regarding how state and local law enforcement agencies seize assets from citizens. Instead, the legislature elected to create a task force to study the issue. (MJI's Mike Hurst served on that task force.) This year, HB 812 implemented their recommendations. It requires law enforcement agencies to give back property they seize unless they obtain a warrant for seizure within 72 hours. It also requires details and documentation regarding forfeited property to be reported on a state website. MCPP-supported policy.
Hate Crime Penalties/Back the Badge (SB 2469): This law provides an enhanced "hate crime" penalty for crimes that specifically target a law enforcement officer, firefighter, or emergency medical technician (EMT). These groups join the other protected classes of "race, color, religion, ethnicity, ancestry, national origin or gender." This is the first time in state law that a class has been defined by occupation, rather than biology or deeply held belief.
Limiting Sanctuary Cities/Campuses (SB 2710): This law says state and local entities may not limit cooperation with federal authorities in reporting a person's immigration status. The essence of a "sanctuary city" is the refusal, often at the city or county jail level, to detain illegal aliens due to immigration status. This law only very weakly prohibits this practice, if at all.
Death Penalty Clarification (HB 638): In the event Mississippi's current method of capital punishment, lethal injection, becomes unavailable (by court ruling or the non-availability of the necessary drugs), this law provides for the alternatives of nitrogen gas (an option in 5 other states), electrocution (8 states) or firing squad (2 states).
Prescription Drug Monitoring (HB 1032): This law requires all healthcare providers allowed to prescribe drugs to participate in the current Prescription Monitoring Program, which tracks prescriptions for controlled substances in an attempt to prevent a patient from being prescribed the same controlled substance by multiple
doctors.
Family
Abused Children, Abused Spouse, Divorce (SB 2680): SB 2680 was originally written to clarify the legal options for placing abused and neglected children with relatives rather than in the foster care system. Those provisions remained in the bill, but when the bill came out of a conference committee, a provision had been added to clarify that spousal domestic abuse is included under the "Habitual Cruel and Inhuman Treatment" ground for divorce. This occurred after other divorce bills died in the House after passing the Senate.
Campaign Finance Changes (SB 2689): This law disallows the use of campaign contributions for personal use, including conversion of campaign funds to personal use upon retirement, beginning January 1, 2018. (These uses are currently allowed.) The new law prohibits a wide array of expenditures, ranging from rent to funeral expenses to clothes to automobiles. It also requires credit card transactions of $200 or more to be reported individually. (It is common for payments to credit card companies to be reported, but not the individual transactions. Candidates are not required – and will not under the new law – be required to submit credit card statements or any other documentation of their expenditures. The Ethics Commission will now have limited jurisdiction to enforce the law.
Election Code Revisions (HB 467): This law makes several changes to the state's election code. What is more interesting, perhaps, are election-related bills that died. In particular, HB 228, which passed the House but died in the Senate, would have allowed early voting to occur 14 days prior to an election. HB 373 (online voter registration for first-time voters) and HB 1054 (to study franchisement for nonviolent offenders) also passed the House but died in the Senate.
Procurement Reform (HB 1106/ HB 1109/ SB 2354): These new laws create more transparency and accountability for purchases made by state agencies. In addition to implementing an electronic, interactive bidding option, and providing clearer definitions in the law, these bills reform the procurement process by: 1) consolidating oversight of both product and service contracts under a Public Procurement Review Board; 2) requiring contracts in excess of $75,000 to be approved by the board; and 3) providing for more transparency regarding sole-source contracts.
Healthcare & Health Insurance
UMMC Healthcare Collaboratives (HB 926): This law will enable the Univ. of Miss. Medical Center (UMMC) to enter into "cooperative arrangements" with public or private health-related organizations, including community hospitals. It exempts UMMC from certain state purchasing/procurement laws under certain conditions. Advocates of the law argue that it provides needed flexibility for UMMC to attract new doctors/researchers and that it will increase access to care. Opponents argue that it gives UMMC, as a governmental entity, the ability to enter into partnerships that will either crowd-out the private sector or result in unwise investment.
Education
Teaching Children to Write in Cursive (SB 2273): The federally driven Common Core standards do not require cursive instruction, so many states simply stopped teaching it. SB 2273 requires instruction so that students know how to write in cursive by the end of fifth grade.
School Choice Expansion for Dyslexic Students (HB 1046): Mississippi currently offers a very limited school choice scholarship for children with dyslexia. (This is separate from the Education Scholarship Accounts (ESAs) for students with special needs.)The current program, which serves 159 students in three participating schools is only available to students in 1st through 6th grade. HB 1046 expands that to 1st through 12th grade.
School Suspensions/Expulsions Review Process (HB 1413): This law clarifies due process rights for suspended or expelled students, but only for those suspended for more than 10 days (i.e., two weeks of school) or expelled for the year. It defines the standard of proof that must be used in evaluating such cases. Currently, such students have undefined appeal and due process rights, a defeat which remains for students suspended less than 10 days.
Taxes
First-Time Home Buyers Tax Break (HB 1601): This law excludes from gross income, for tax purposes, up to $2,500 per year ($5,000 for a married couple filing jointly) deposited into a first-time homebuyer savings account to be used to purchase a home in Mississippi.
Agricultural Land Tax Cut (HB 1340): Currently, agricultural land appraisal values are determined by a formula that allows for an up or down valuation of 10 percent over the previous year. This law reduces the potential variation to no more or less than 4 percent, providing for more tax predictability for land owners. The law also makes changes to the appraisal process related to ground leases connected to the state port at Gulfport.
Restaurant/Hotel/Tourism Tax Bills (SB 2941 and many others): Every year, the Mississippi legislature almost automatically extends numerous optional local taxes, primarily sales taxes on restaurants and hotels. They are often sold to the public as temporary tax increases that must be approved by local voters before going into effect. But when the legislature extends the authority to levy the tax, no local referendum is required, no matter how many times that authority is extended. The Byhalia tourism tax (SB 2941) is noteworthy because the tax, passed in 2010, expired on July 31, 2016. The town continued to collect the tax, a practice SB 2941 retroactively condones and extends to the year 2021.
Miscellaneous
Faith-Based Initiatives Council (SB 2514): The purpose of this law is to create an advisory council to the governor with the goal of empowering the faith-based and community nonprofit sectors to address systemic problems in Mississippi. The law is based on a successful Florida program in place since 2006.
Capitol Complex (HB 1226): This measure authorizes the Miss. Department of Finance and Administration (DFA) to develop and administer infrastructure improvement projects within a "Capitol Complex Improvement District" within the city of Jackson. The projects are to be funded by diverting up to 6 percent of state sales tax revenue collected in Jackson. This is in addition to the 1 percent sales tax (on top of the state 7 percent rate) that was approved in 2014 to pay for infrastructure improvements.
Bonds for "Economic Development" Projects and Programs (SB 3033): This law authorizes the state to issue bonds to borrow $20 million to assist local economic development and infrastructure projects, and $45 Million for Huntington-Ingalls Shipbuilding, if Ingalls first invests at least twice that much in the improvements to the shipyard it leases from the state.
Local Taxpayer Subsidies for Nonprofits (HB 1747, HB 761 and many others): Every year, the legislature authorizes certain cities and counties to donate taxpayer funds to numerous nonprofits. Among this year's winners are Vicksburg Family Development Service and unnamed Rankin County "nonprofit organizations that provide recreational and/or sports opportunities, for the purpose of constructing or maintaining recreational and sports facilities."
Became Law Without Governor's Signature
Suffrage Restoration Bills (HBs 612, 742, 1475, 1750 and SBs 2107, 2951):
If the governor does not sign or veto a piece of legislation, it automatically becomes law without his signature after a certain number of days. Gov. Bryant refused to sign or veto any of the six bills the legislature passed to restore voting rights to specific individuals. They became law on April 20.
Partially Vetoed Bills
Line-item vetoes (HB 1502/SB 2956/SB 3015): The governor is allowed to veto portions of appropriations bills he signs. This is known as a line-item veto. Gov. Bryant vetoed an earmark in the Department of Education appropriations bill, HB 1502. He also vetoed a section of SB 2956 because it had the effect of changing a general law, which appropriations bills are not supposed to do. In SB 3015, he vetoed an item that would have provided $50,000 for a project for which a no-cost option is available.
Significant Legislation that
Did Not Become Law:
Modernizing the School Funding Formula (HB 878/SB 2607): While a handful of bills related to school funding were introduced, lawmakers never saw a final bill that overhauled the state's current education funding formula, known as MAEP (Mississippi Adequate Education Program), which has been in place since 1997. The legislature hired a consulting firm, EdBuild, to recommend changes to the formula. The initial recommendations would not have generated enough support in the legislature, so they remain on the drawing board. If a satisfactory solution is devised, lawmakers could consider a funding formula bill in a special session.
More Funding for Roads (HB 480/SB 2939/HB 1732): One of the hot button issues over the past few years has been whether to allocate more money for road and bridge repair, rebuilding, and maintenance. This year, the House approved a bill (HB 480) to fund such work by requiring out-of-state companies with no presence in the state to collect a "use tax" (similar to a sales tax) on internet sales. The U.S. Supreme Court has said it is unconstitutional for states to require such companies to collect such taxes without specific approval by the U.S. Congress. HB 480 died in the Senate, but the House later approved an amendment to an unrelated bill (SB 2939) that would have allocated money collected from an internet tax if companies collect and remit the tax voluntarily (as Amazon is already doing), or if the Supreme Court reverses its ruling, or if Congress approves such an action. The House amendment would have diverted the expected windfall from the Amazon internet sales tax agreement to a special fund for road repair. Finally, HB 1732, sponsored by Speaker Philip Gunn, would have borrowed up to $50 million for county/local bridge repair.
Lawmakers did not reach an agreement on the annual appropriations bill for the Mississippi Department of Transportation (MDOT) and will return to the Capitol on June 5, supposedly to pass that and an appropriation for the Attorney General's office. This must be done by July 1, which is the beginning of the state's fiscal year. If there is agreement on other road and bridge funding, that could be added to the special session by the governor. (The governor dictates what the legislature considers in a special session.)
Lottery (HB 804): A House committee completely gutted an unrelated bill and inserted provisions that would have implemented a state lottery. It was never taken up on the House floor, but if it had been, it would have been struck down under House rules intended to prohibit the method used by the committee to change the purpose of a bill. Speaker Philip Gunn has called for a study of the lottery, saying any money spent buying a lottery ticket is money not spent at private, job-providing businesses.
Multipurpose Bond Bill (HB 1734/SB2281): Every year, many bills are introduced to borrow money for a variety of projects by issuing state bonds, but only one or two "bond bills" are approved, usually combining some of the projects that were in the individual bills, along with building construction/repair requests regularly made by state colleges and universities. This year, both houses passed their own versions, which is common. But ultimately, no agreement was reached between the houses, in part because of the question of whether to borrow money for road and bridge maintenance. As a result, no additional debt will be added this year for such projects for taxpayers to repay in future years. However, see SB 3033 regarding bonds for "economic development" projects.
Expanding DOR Debt Collection Activities (HB 687): Mississippi law currently allows state universities to collaborate with the Department of Revenue in withholding tax refunds to pay off educational loans issued by the state. This bill would have expanded DOR's debt collection activities to include community/junior colleges. What killed the bill was an amendment to allow hospitals to have the same ability to use DOR as their debt collectors. The measure ultimately died in conference.
State Agency Lobbying Reform (SB 2632/SB 2843): Both of these measures would have banned agency lobbying while leaving agency employees free to share technical and factual information with lawmakers. SB 2632 passed the Senate and a House committee, but was never taken up on the House floor.
Teaching the Constitution (HB 433): For Mississippi high school students, the U.S. History "subject area test," which they must take before graduating, starts in the 1870s, with the result that prior historical periods (for instance, the Founding and the Civil War) are neglected. This measure would have required the State Board of Education to implement a test identical to the civics test given to immigrants who want to become U.S. citizens. Fifteen states currently have a similar requirement. The civics test's 100 questions cover some current facts, such as the name of the president, but most of it is a good smattering of questions that cover the whole span of U.S. History. This bill died on the House calendar but the sponsor received assurances from the state Department of Education that a review will be done in their already-scheduled review of history curriculum.
Vetoed Bills
Even Righter on Crime (HB 1033): Promoted by a coalition of local and national conservative organizations (including MCPP) known as "Right on Crime," as well as unusual allies on the center and left, this bill built upon reforms enacted three years ago aimed at using a cost-effective, safe and humane approach to right-sizing Mississippi's criminal justice system. This year, HB 1033 was designed, among other things, to make it easier for ex-convicts to obtain and retain a job, thus enabling them to take care of their families and making them much less likely to return to criminal behavior. For example, the bill would have allowed those on probation or parole, if they have a job, to use FaceTime or Skype (or similar) to check in with parole or probation officers, making it unnecessary to leave, and possibly lose, their jobs. The governor vetoed the bill due to a last-minute addition that would have permitted habitual nonviolent offenders to be eligible for parole after serving only 25 percent of their sentence, as currently allowed for non-habitual nonviolent offenders.
Emergency Service Telephone Fees (SB 2861): This bill was vetoed by the governor because of a technical error that made it inoperable.
Payment of Damages to a Private Citizen (SB 2349): This bill would have allowed Forrest County to donate more than $100,000 to various private entities, as do other bills for other localities. But this one was vetoed because it also included a $45,000 payment to an individual for damages that were litigated decades ago, which were ultimately dismissed by a court in 1982.
Municipal Qualified Resort Areas (HB 1447): Among other things, this bill would have enabled entire municipalities to become qualified resort areas, which in turn, would allow these areas to sell alcoholic beverages. The governor vetoed the bill because it indirectly overturns the current Local Option Alcoholic Beverage law, which allows individual communities to regulate such sales.
Mississippi's Legislature took a little-noticed but very important step this session in amending the law to make it easier for our residents to get jobs. With the vision of an independent group headed by Federal District Judge Keith Starrett, and the hard work of Rep. Andy Gipson and Sen. Sean Tindell, the Legislature addressed a number of provisions in the state criminal code that have, over the years, prevented people from gaining or keeping jobs and prevented employers from hiring the people they need.
House Bill 1033 is a significant piece of legislation that helps individuals who have committed misdemeanors and other nonviolent crimes, as well as certain people leaving prison, reenter the workforce. The goal of HB 1033 is to remove barriers to employment that exist in the criminal code. Whenever possible, it's in the best interest of Mississippi for those who are incarcerated to become law-abiding, productive, taxpaying members of the workforce. The bill accomplishes these goals with several provisions.
First, it encourages recently released offenders to pay off the fees and fines they owe to the state. It reduces our reliance on incarceration for those who are unable to pay fees and fines, while providing judges the ability to establish payment plans and punish those who willfully choose not to pay. The bill promotes work by ensuring that inmates have opportunities to work off their debts while incarcerated.
Second, it moves more eligible individuals back into the workforce. The bill provides the state's Parole Board with additional discretion to grant parole to nonviolent offenders who are a low risk to public safety and good candidates for employment. The Parole Board, which is appointed by the governor, would maintain discretion about which individuals are good candidates, and monitor and supervise them as they return to the community. House Bill 1033 provides them additional tools to supervise individuals, with the goal of improving the quality of supervision and public safety. These provisions will also protect taxpayers by saving the state more than $20 million in incarceration costs, in addition to boosting tax revenue generated by increased employment.
Finally, the bill creates several avenues for research and reporting. All of the decisions about how to implement these reforms is guided by data and statistical evidence to support its effectiveness. This bill furthers those interests by gathering better information on sentencing and incarceration. This information will be vital to guide the state's criminal justice policies going forward.
The Legislature supported this bill overwhelmingly, and it passed both the House and the Senate unanimously. Gipson deserves enormous credit for his authorship of the bill and his leadership on this issue. House Bill 1033 is a step forward for public safety, accountability in state spending, and data-driven policymaking for the state of Mississippi. We urge Gov. Bryant to sign HB 1033 so that Mississippi can continue to lead the way in criminal justice reform and increase employment in our state.