MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Apportionment and Elections; Judiciary A

By: Representative Reeves

AN ACT TO PROHIBIT ELECTED PUBLIC OFFICIALS FROM ACCEPTING CONTRIBUTIONS FROM ENTITIES OR INDIVIDUALS UNDER THE JURISDICTION OR REGULATORY AUTHORITY OF THE OFFICIAL; TO AMEND SECTIONS 9-4-5, 9-5-1, 9-7-1, 9-9-1, 9-11-2 AND 23-15-991, MISSISSIPPI CODE OF 1972, TO PROHIBIT CHANCELLORS AND ALL ELECTED JUDGES FROM ACCEPTING CONTRIBUTIONS FROM ATTORNEYS LICENSED TO PRACTICE IN MISSISSIPPI; TO CREATE A NEW CODE SECTION TO BE CODIFIED AS SECTION 23-15-802, MISSISSIPPI CODE OF 1972, TO PROHIBIT CANDIDATES FOR ELECTED OFFICE FROM ACCEPTING CONTRIBUTIONS FROM ENTITIES OR INDIVIDUALS UNDER THE JURISDICTION OR REGULATORY AUTHORITY OF THE OFFICE FOR WHICH THE CANDIDATE IS SEEKING ELECTION; TO AMEND SECTION 65-1-3, MISSISSIPPI CODE OF 1972, TO PROHIBIT MISSISSIPPI TRANSPORTATION COMMISSIONERS FROM ACCEPTING CONTRIBUTIONS FROM ENTITIES OR INDIVIDUALS DOING BUSINESS WITH THE COMMISSION OR UNDER THE JURISDICTION OR REGULATORY AUTHORITY OF THE COMMISSION; TO AMEND SECTION 69-1-3, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE COMMISSIONER OF AGRICULTURE AND COMMERCE FROM ACCEPTING CONTRIBUTIONS FROM ENTITIES OR INDIVIDUALS UNDER THE JURISDICTION OR REGULATORY AUTHORITY OF THE COMMISSIONER; TO AMEND SECTION 77-1-11, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; TO AMEND SECTION 83-1-3, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE COMMISSIONER OF INSURANCE FROM ACCEPTING CONTRIBUTIONS FROM ENTITIES OR INDIVIDUALS UNDER THE JURISDICTION OR REGULATORY AUTHORITY OF THE COMMISSIONER; AND FOR RELATED PURPOSES.  

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

SECTION 1. Any elected public official, for which a prohibition against accepting contributions from persons under their jurisdiction or regulatory control is not provided for by another statute, is prohibited from accepting a contribution for campaign expenses or otherwise from any person, partnership, corporation, association, agency or other entity over which the elected public official has regulatory authority. Any person found guilty of violating the provisions of this section shall immediately forfeit his or her office and shall be fined not less than Five Thousand Dollars ($5,000.00), sentenced to the custody of the Department of Corrections for not less than one (1) year, or both.

SECTION 2. Section 9-4-5, Mississippi Code of 1972, is amended as follows:

9-4-5. (1) The term of office of judges of the Court of Appeals shall be eight (8) years. An election shall be held on the first Tuesday after the first Monday in November 1994, to elect the ten (10) judges of the Court of Appeals, two (2) from each congressional district. The judges of the Court of Appeals shall begin service on the first Monday of January 1995.

(2) (a) In order to provide that the offices of not more than a majority of the judges of the court shall become vacant at any one (1) time, the terms of office of six (6) of the judges first to be elected shall expire in less than eight (8) years. For the purpose of all elections of members of the court, each of the ten (10) judges of the Court of Appeals shall be considered a separate office. The two (2) offices in each of the five (5) congressional districts shall be designated Position Number 1 and Position Number 2, and in qualifying for office as a candidate for any office of judge of the Court of Appeals each candidate shall state the position number of the office to which he aspires and the election ballots shall so indicate.

(i) In Congressional District Number 1, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends January 1, 1999, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2003.

(ii) In Congressional District Number 2, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 2003, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2001.

(iii) In Congressional District Number 3, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 2001, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 1999.

(iv) In Congressional District Number 4, the judge of the Court of Appeals for Position Number 1, shall be that office for which the term ends on January 1, 1999, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2003.

(v) In Congressional District Number 5, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 2003, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2001.

(b) The laws regulating the general elections shall apply to and govern the elections of judges of the Court of Appeals except as otherwise provided in Sections 23-15-974 through 23-15-985.

(c) In the year before the expiration of the term of an incumbent, and likewise each eighth year thereafter, an election shall be held in the manner provided in this section in the congressional district from which the incumbent Court of Appeals judge was elected at which there shall be elected a successor to the incumbent, whose term of office shall thereafter begin on the first Monday of January of the year in which the term of the incumbent he succeeds expires.

(3) No person shall be eligible for the office of judge of the Court of Appeals who has not attained the age of thirty (30) years at the time of his election and who has not been a practicing attorney and citizen of the state for five (5) years immediately preceding the election.

(4) Any vacancy on the Court of Appeals shall be filled by appointment of the Governor for that portion of the unexpired term before the election to fill the remainder of the term according to provisions of Section 23-15-849, Mississippi Code of 1972.

(5) It shall be unlawful for a judge of the Court of Appeals to accept a contribution for campaign expenses or otherwise from any attorney licensed to practice in the State of Mississippi. Any person found guilty of violating the provisions of this section shall immediately forfeit his or her office and shall be fined not less than Five Thousand Dollars ($5,000.00), sentenced to the custody of the Department of Corrections for not less than one (1) year, or both.

SECTION 3. Section 9-5-1, Mississippi Code of 1972, is amended as follows:

9-5-1. A chancellor shall be elected for and from each of the chancery court districts as provided in this chapter and the listing of individual precincts shall be those precincts as they existed on October 1, 1990. He shall hold court in any other district with the consent of the chancellor thereof when in their opinion the public interest may be thereby promoted. The terms of all chancellors elected at the regular election for the year 1930 shall begin on the first day of January, 1931, and their terms of office shall continue for four (4) years. A chancellor shall be a resident of the district in which he serves but shall not be required to be a resident of a subdistrict if the district is divided into subdistricts. It shall be unlawful for a judge of a chancery court to accept a contribution for campaign expenses or otherwise from any attorney licensed to practice in the State of Mississippi. Any person found guilty of violating the provisions of this section shall immediately forfeit his or her office and shall be fined not less than Five Thousand Dollars ($5,000.00), sentenced to the custody of the Department of Corrections for not less than one (1) year, or both.

SECTION 4. Section 9-7-1, Mississippi Code of 1972, is amended as follows:

9-7-1. A circuit judge shall be elected for and from each circuit court district and the listing of individual precincts shall be those precincts as they existed on October 1, 1990. He may hold court in any other district with the consent of the judge thereof, when in their opinion the public interest may require. The terms of all circuit judges hereafter elected shall begin on the first day of January 1931 and their terms of office shall continue for four (4) years. A circuit judge shall be a resident of the district in which he or she serves but shall not be required to be a resident of a subdistrict if the district is divided into subdistricts. It shall be unlawful for a judge of a circuit court to accept a contribution for campaign expenses or otherwise from any attorney licensed to practice in the State of Mississippi. Any person found guilty of violating the provisions of this section shall immediately forfeit his or her office and shall be fined not less than Five Thousand Dollars ($5,000.00), sentenced to the custody of the Department of Corrections for not less than one (1) year, or both.

SECTION 5. Section 9-9-1, Mississippi Code of 1972, is amended as follows:

9-9-1. (1) There shall be an inferior court to be known as the county court in and for each of the following counties:

(a) Each county of the state wherein a county court is in existence on July 1, 1985; and

(b) From and after January 1, 1987, each county which has a population exceeding fifty thousand (50,000) inhabitants as shown by the latest federal decennial census.

(2) A county judge for a county which is required to establish a county court under paragraph (1)(b) of this section shall be elected by the qualified electors of such county in the same manner as provided for the election of circuit court judges at an election held at the same time as the next regular election of circuit court judges first occurring after the date upon which it can be determined that a county court is required under the provisions of paragraph (1)(b) of this section to be established in such county.

(3) The provisions of this section shall not be construed so as to require that a county court be established in any county in which the board of supervisors has agreed and contracted with the board of supervisors of any other county or counties to support and maintain one (1) county court for such counties as provided in Section 9-9-3.

(4) It shall be unlawful for a judge of a county court to accept a contribution for campaign expenses or otherwise from any attorney licensed to practice in the State of Mississippi. Any person found guilty of violating the provisions of this section shall immediately forfeit his or her office and shall be fined not less than Five Thousand Dollars ($5,000.00), sentenced to the custody of the Department of Corrections for not less than one (1) year, or both.

SECTION 6. Section 9-11-2, Mississippi Code of 1972, is amended as follows:

9-11-2. (1) From and after January 1, 1984, there shall be a competent number of justice court judges in each county of the state. The number of justice court judges for each county shall be determined as follows:

(a) In counties with a population, according to the latest federal decennial census, of thirty-five thousand (35,000) and less, there shall be two (2) justice court judges.

(b) In counties with a population, according to the latest federal decennial census, of more than thirty-five thousand (35,000) and less than seventy thousand (70,000), there shall be three (3) justice court judges.

(c) In counties with a population, according to the latest federal decennial census, of seventy thousand (70,000) and less than one hundred fifty thousand (150,000), there shall be four (4) justice court judges.

(d) In counties with a population, according to the latest federal decennial census, of one hundred fifty thousand (150,000) and more, there shall be five (5) justice court judges.

(2) The board of supervisors shall establish single member election districts in the county for the election of each of the justice court judges authorized and required to be elected for the county under the provisions of subsection (1) of this section, and one (1) justice court judge shall be elected for each district by the electors thereof. In any county authorized and required under the provisions of paragraph (1)(a) of this section to provide for the election of two (2) justice court judges for the county in which there are two (2) judicial districts, the smaller of such judicial districts, according to population based upon the latest federal decennial census, shall comprise or shall be wholly encompassed within one (1) of such election districts.

(3) Nothing in this section shall be construed to authorize or require more than five (5) justice court judges in any one (1) county from and after January 1, 1984, nor to authorize or require an increase or decrease in the number of justice court judges for any county during the term of office of any justice court judge.

(4) Notwithstanding the foregoing provisions of this section, in any county whose justice court districts drawn pursuant to subsection (2) of this section are, on November 8, 1983, being controverted in a court action or being reviewed pursuant to the procedure established by the Voting Rights Act of 1965, as amended and extended, those justice court judges serving on such date shall continue to hold office until:

(a) A final adjudication of the court action or approval of the new districts pursuant to the Voting Rights Act; and

(b) The election and qualification of successors of such justice court judges as provided by law.

(5) It shall be unlawful for a justice court judge to accept a contribution for campaign expenses or otherwise from any attorney licensed to practice in the State of Mississippi. Any person found guilty of violating the provisions of this section shall immediately forfeit his or her office and shall be fined not less than Five Thousand Dollars ($5,000.00), sentenced to the custody of the Department of Corrections for not less than one (1) year, or both.

SECTION 7. Section 23-15-991, Mississippi Code of 1972, is amended as follows:

23-15-991. The term of office of judges of the Supreme Court shall be eight (8) years. Concurrently with the regular election for representatives in Congress, held next preceding the expiration of the term of an incumbent, and likewise each eighth year thereafter, an election shall be held in the Supreme Court district from which such incumbent was elected at which there shall be elected a successor to the incumbent, whose term of office shall thereafter begin on the first Monday of January of the year in which the term of the incumbent he succeeds expires. It shall be unlawful for a judge of the Supreme Court to accept a contribution for campaign expenses or otherwise from any attorney licensed to practice in the State of Mississippi. Any person found guilty of violating the provisions of this section shall immediately forfeit his or her office and shall be fined not less than Five Thousand Dollars ($5,000.00), sentenced to the custody of the Department of Corrections for not less than one (1) year, or both.

SECTION 8. Any candidate for elected public office, for which a prohibition against accepting contributions from persons under the jurisdiction or regulatory control of the office is not provided for by another statute, is prohibited from accepting a contribution for campaign expenses or otherwise from any person, partnership, corporation, association, agency or other entity over which the office has regulatory authority. Any person found guilty of violating the provisions of this section shall immediately forfeit his or her office and shall be fined not less than Five Thousand Dollars ($5,000.00), sentenced to the custody of the Department of Corrections for not less than one (1) year, or both.

It shall be unlawful for a Mississippi Transportation Commissioner to accept a contribution for campaign expenses or otherwise from any person interested as owner, agent or representative, or from any person acting in any respect for the owner, agent or representative, in the business of contracting to build roads or in the business of the manufacture, sale, distribution or purchase of any kind of road building machinery or equipment or of any kind of material for constructing or maintaining roads, or in the business of writing surety bonds for contractors engaged in road building, or from any person, partnership, corporation, association, agency or other entity over which the Mississippi Transportation Commission has regulatory authority. Any person found guilty of violating the provision of this section shall immediately forfeit his or her office and shall be fined not less that Five Thousand Dollars ($5,000.00), sentenced to the custody of the Department of Corrections for not less than one (1) year, or both.

SECTION 9. Section 65-1-3, Mississippi Code of 1972, is amended as follows:

65-1-3. There shall be a Mississippi Transportation Commission which shall consist of three (3) members, one (1) from each of the three (3) Supreme Court districts of the state. Only qualified electors who are citizens of the Supreme Court district in which he or she offers for election shall be eligible for the office.

On Tuesday after the first Monday in November of the year 1951, and every four (4) years thereafter, Mississippi Transportation Commissioners shall be elected at the same time and in the same manner as the Governor is chosen; and the laws governing primary elections and the holding of general elections in this state shall apply to and govern the nomination and election of Mississippi Transportation Commissioners. The Mississippi Transportation Commissioners so elected shall enter upon the discharge of the duties of their respective offices on the first Monday of January in the year next succeeding the date of their election, and they shall serve for a term of four (4) years and until their successors shall have been duly elected and qualified.

If any one or more of the Mississippi Transportation Commissioners elected under the provisions of this chapter shall die, resign or be removed from office, the Governor shall fill the vacancy by appointment for the unexpired term, provided the unexpired term shall not exceed twelve (12) months. If the unexpired term shall exceed twelve (12) months, the Governor shall, within fifteen (15) days from the date of the vacancy, by proclamation duly made, call an election in the Supreme Court district in which such vacancy exists, to be held within sixty (60) days from the date of the issuance of such proclamation, at which election a Mississippi Transportation Commissioner shall be elected to fill the vacancy for the remaining portion of the unexpired term. The special election shall be held in the manner provided for holding general elections in this state, as far as practicable.

Each of the Mississippi Transportation Commissioners, before entering upon the discharge of the duties of his office, shall take and subscribe the oath of office required of other state officials and shall execute bond in the sum of Fifty Thousand Dollars ($50,000.00), with some surety company authorized to do business in this state as surety, conditioned for the faithful performance of the duties of his office and for the faithful and true accounting of all funds or monies or property coming into his hands by virtue of his office, and conditioned further that all  * * * funds, monies and property will be expended and used by him only for purposes authorized by law, the bond to be approved by the Governor or Attorney General and to be filed in the office of the Secretary of State. The premium on the bonds shall be paid out of the funds of the Mississippi Department of Transportation.

From and after July 1, 1992, the State Highway Commission shall be the Mississippi Transportation Commission and the members thereof shall be the Mississippi Transportation Commissioners.

It shall be unlawful for the commissioner to accept a contribution for campaign expenses or otherwise from any person, partnership, corporation, association, agency or other entity over which the commissioner has regulatory authority or who may contract to do business with the Mississippi Department of Transportation. Any person found guilty of violating the provision of this section shall immediately forfeit his or her office and shall be fined not less than Five Thousand Dollars ($5,000.00), sentenced to the custody of the Department of Corrections for not less than one (1) year, or both.

SECTION 10. Section 69-1-3, Mississippi Code of 1972, is amended as follows:

69-1-3. The term of office of the Commissioner of Agriculture and Commerce shall be four (4) years, and any vacancy occurring shall be filled by appointment by the Governor as provided by law. It shall be unlawful for the commissioner to accept a contribution for campaign expenses or otherwise from any person, partnership, corporation, association, agency or other entity over which the commissioner has regulatory authority or who may contract to do business with the Department of Agriculture and Commerce. Any person found guilty of violating the provisions of this section shall immediately forfeit his or her office and shall be fined not less than Five Thousand Dollars ($5,000.00), sentenced to the custody of the Department of Corrections for not less than one (1) year, or both.

SECTION 11. Section 77-1-11, Mississippi Code of 1972, is amended as follows:

77-1-11. (1) It shall be unlawful for any Public Service Commissioner, any candidate for Public Service Commissioner, or any employee of the Public Service Commission or Public Utilities Staff to knowingly accept any gift, pass, money, campaign contribution or any emolument or other pecuniary benefit whatsoever, either directly or indirectly, from any person interested as owner, agent or representative, or from any person acting in any respect for the owner, agent or representative of any common or contract carrier by motor vehicle, telephone company, gas or electric utility company, or any other public utility that shall come under the jurisdiction, * * * supervision or regulatory authority of the Public Service Commission. Any person found guilty of violating the provisions of this subsection shall immediately forfeit his or her office or position and shall be fined not less than Five Thousand Dollars ($5,000.00), imprisoned in the State Penitentiary for not less than one (1) year, or both.

(2) It shall be unlawful for any person interested as owner, agent or representative, or any person acting in any respect for the owner, agent or representative of any common or contract carrier by motor vehicle, telephone company, gas or electric utility, or any other public utility that shall come under the jurisdiction, * * * supervision or regulatory authority of the Public Service Commission to offer any gift, pass, money, campaign contribution or any emolument or other pecuniary benefit whatsoever to any Public Service Commissioner, any candidate for Public Service Commissioner or any employee of the Public Service Commission or Public Utilities Staff. Any party found guilty of violating the provisions of this subsection shall be fined not less than Five Thousand Dollars ($5,000.00), sentenced to the custody of the Department of Corrections for not less than one (1) year, or both.

(3) For purposes of this section the term "emolument" * * * includes salary, donations, contributions, loans, stock tips, vacations, trips, honorarium, directorships or consulting posts. Expenses associated with social occasions afforded public servants shall not be deemed a gift, emolument or other pecuniary benefit as defined in Section 25-4-103(k), Mississippi Code of 1972.

(4) For purposes of this section, a person who is a member of a water, gas, electric or other cooperative association regulated by the Public Service Commission shall not, by virtue of the membership, be deemed an owner, agent or representative of the association unless that person is acting in any respect for or as an owner, agent or representative of the association; nor shall a person who owns less than one-half of one percent (l/2 of 1%) in stock, the value thereof not to exceed Ten Thousand Dollars ($10,000.00), of any public utility that is regulated by the Public Service Commission, or of any holding company of the public utility, by virtue of the ownership, be deemed an owner, agent or representative of the public utility unless that person is acting in any respect for or as an owner, agent or representative of such public utility.

SECTION 12. Section 83-1-3, Mississippi Code of 1972, is amended as follows:

83-1-3. The chief officer of the department shall be denominated the Commissioner of Insurance, who shall be elected at the general election as other state officers, and who shall possess the same qualifications as required for the Secretary of State. His term of office shall be four (4) years, as that of other state officials. No person shall be Commissioner of Insurance who is in any way connected with the management or control of any company, corporation, association, or order affected by this title, and his or her term of office shall immediately cease if at any time he or she shall become so interested. It shall be unlawful for the commissioner to accept any contribution for campaign expenses or otherwise from any person, partnership, corporation, association, company, agency or other entity over which the commissioner has jurisdiction or regulatory authority or who may contract to do business with the Department of Insurance. Any person found guilty of violating the provisions of this section shall immediately forfeit his or her office and shall be fined not less than Five Thousand Dollars ($5,000.00), sentenced to the custody of the Department of Corrections for not less than one (1) year, or both. Before entering on the discharge of his duties, the commissioner shall take the oath of office required of state officers and give a corporate bond in favor of the state in the penal sum of Twenty-five Thousand Dollars ($25,000.00) in some company or companies duly authorized to transact business in this state, to be approved by the Governor and conditioned for the faithful performance of the duties of said office during his term, which bond and oath of office shall be filed with the Secretary of State.

SECTION 13. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 14. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.