MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary A

By: Representatives Ford (By Request), Horne

House Bill 1590

AN ACT TO AMEND SECTION 1-1-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE JOINT LEGISLATIVE COMMITTEE ON COMPILATION, REVISION AND PUBLICATION OF LEGISLATION WILL SHARE JOINTLY WITH THE SECRETARY OF STATE AND THE ATTORNEY GENERAL THE AUTHORITY TO DETERMINE WHAT ANNOTATIONS AND OTHER INFORMATION WILL BE INCLUDED IN THE MISSISSIPPI CODE; TO AMEND SECTION 1-1-9, MISSISSIPPI CODE OF 1972, TO DELETE THE AUTHORITY OF THE JOINT COMMITTEE TO DETERMINE THE USE OF ANY PARTS OF LEGISLATIVE ACTS AND THE CODE; TO PROVIDE THAT COPYRIGHTED MATERIALS IN THE CODE SHALL BE EXEMPT FROM THE PUBLIC RECORDS ACT; TO AMEND SECTION 1-1-51, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE JOINT COMMITTEE WILL SHARE JOINTLY WITH THE SECRETARY OF STATE AND THE ATTORNEY GENERAL THE AUTHORITY TO CONTRACT FOR THE PUBLICATION OF THE CODE; TO AMEND SECTION 1-1-53, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE ATTORNEY GENERAL WILL BE RESPONSIBLE FOR APPROVAL OF THE CODE PUBLISHING COMPANY'S MANUSCRIPT OF THE LEGISLATIVE ACTS, AND THE JOINT COMMITTEE WILL BE RESPONSIBLE FOR ACCEPTANCE OF THE MANUSCRIPT, BEFORE PRINTING BY THE COMPANY; TO AMEND SECTION 1-1-55, MISSISSIPPI CODE OF 1972, TO DELETE THE REPEALER ON THE PROVISION FOR THE PRINTING OF THE CODE MANUSCRIPT IN POCKET PART SUPPLEMENTS AND REPLACEMENT BOUND VOLUMES; TO AMEND SECTION 1-1-57, MISSISSIPPI CODE OF 1972, TO TRANSFER THE AUTHORITY TO PURCHASE POCKET PART SUPPLEMENTS AND REPLACEMENT VOLUMES FROM THE JOINT COMMITTEE TO THE SECRETARY OF STATE; TO AMEND SECTION 1-1-105, MISSISSIPPI CODE OF 1972, TO DELETE THE AUTHORITY OF THE JOINT COMMITTEE'S COCOUNSEL TO ACT AS LIAISONS TO THE PUBLISHING COMPANY; TO AMEND SECTION 1-1-107, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE JOINT COMMITTEE WILL BE AUTHORIZED TO APPROVE THE CONTRACT WITH THE CODE PUBLISHING COMPANY; TO DELETE THE AUTHORITY OF THE JOINT COMMITTEE TO FORMULATE WITH THE PUBLISHING COMPANY ALL THE DETAILS ASSOCIATED WITH THE CODIFICATION OF THE LAWS ENACTED BY THE LEGISLATURE; TO DELETE THE AUTHORITY OF THE JOINT COMMITTEE TO REVIEW, APPROVE OR DISAPPROVE THE WORK OF THE PUBLISHING COMPANY IN PREPARING, SUPPLEMENTING, INDEXING OR REVISING THE CODE; TO DELETE THE AUTHORITY OF THE JOINT COMMITTEE TO GRANT TO THE PUBLISHING COMPANY PUBLICATION AND SALES RIGHTS TO THE CODE AND TO SUBSEQUENT AMENDMENTS TO THE CODE; TO AMEND SECTION 1-5-1, MISSISSIPPI CODE OF 1972, TO DELETE THE AUTHORITY OF THE JOINT COMMITTEE TO CONTRACT FOR THE PUBLICATION OF THE GENERAL LAWS AND LOCAL AND PRIVATE LAWS; TO AMEND SECTION 1-5-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SECRETARY OF STATE SHALL BE RESPONSIBLE FOR THE PUBLICATION OF THE GENERAL LAWS, LOCAL AND PRIVATE LAWS AND THE LEGISLATIVE JOURNALS; TO AMEND SECTION 1-5-11, MISSISSIPPI CODE OF 1972, TO DELETE THE AUTHORITY OF THE JOINT COMMITTEE TO CONTRACT FOR THE PUBLICATION OF ADDITIONAL VOLUMES OF THE GENERAL LAWS, LOCAL AND PRIVATE LAWS AND LEGISLATIVE JOURNALS; TO AMEND SECTION 1-5-13, MISSISSIPPI CODE OF 1972, TO DELETE THE AUTHORITY OF THE JOINT COMMITTEE TO CONTRACT FOR THE PUBLICATION OF THE ADVANCE SHEETS OF THE GENERAL LAWS; TO REPEAL SECTIONS 1-1-59, 1-1-111 AND 1-5-19, MISSISSIPPI CODE OF 1972, WHICH RELATE TO CONTRACTING TO UPDATE ANY COMPUTER TAPE FURNISHED WITH THE CODE AND TO PROVIDE FOR AND UPDATE A CD-ROM OR OTHER TECHNOLOGICAL MEDIUM CONTAINING THE CODE; PROVIDE THAT THE JOINT COMMITTEE WILL BE RESPONSIBLE FOR THE APPROVAL AND ACCEPTANCE OF THE CODE PUBLISHING COMPANY'S MANUSCRIPT OF THE LEGISLATIVE ACTS BEFORE PRINTING BY THE COMPANY; AND RELATE TO THE CONTRACTING FOR THE PUBLICATION OF SUFFICIENT VOLUMES OF THE LEGISLATIVE JOURNALS, THE CODE, THE GENERAL LAWS AND THE LOCAL AND PRIVATE LAWS; AND FOR RELATED PURPOSES. 

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

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

1-1-7. The Mississippi Code of 1972 shall cover all sections of and amendments to the Constitution of the United States and the Constitution of the State of Mississippi; all operative and effective sections of the Mississippi Code of 1930 and amendments thereto; all operative and effective sections of the Mississippi Code of 1942, Recompiled, and amendments thereto; and all operative and effective session laws of a general and permanent nature enacted since the publication of the Mississippi Code of 1930 down through the 1971 Regular Session of the Legislature.

The Mississippi Code of 1972 shall contain, in addition to the material set out above, case notes or case statements covering pertinent court decisions construing or applying Mississippi statutes, volume and general indexes, and such other useful matters, tables, information, and ancillaries as the joint committee, the Secretary of State and the Attorney General deem to be desirable and practicable to include. Opinions of the Attorney General also may be annotated.

SECTION 2. Section 1-1-9, Mississippi Code of 1972, is amended as follows:

1-1-9. * * * Copyrights of the Mississippi Code of 1972 and the notes, annotations, and indexes thereof, shall be taken by and in the name of the publishers of said compilation who shall thereafter promptly assign the same to the State of Mississippi and be owned by it. Such copyrighted materials shall be exempt from the Mississippi Public Records Act of 1983.

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SECTION 3. Section 1-1-51, Mississippi Code of 1972, is amended as follows:

1-1-51. The Attorney General, * * * the Secretary of State and the Joint Committee on Compilation, Revision and Publication of Legislation are * * * authorized, acting jointly, to contract with a reputable and competent publishing company on such terms and conditions and at such prices as they may deem proper to digest, compile, annotate, index and publish all the acts of the Mississippi Legislature of a general nature passed since adjournment of the 1971 Session of the Mississippi Legislature and annually thereafter. * * *

SECTION 4. Section 1-1-53, Mississippi Code of 1972, is amended as follows:

1-1-53. When the acts have been digested, compiled, annotated, and indexed, as herein provided, a manuscript of the same shall be submitted to the Attorney General of Mississippi for his approval and to the joint committee for its acceptance after each regular session of the Legislature. * * *

SECTION 5. Section 1-1-55, Mississippi Code of 1972, is amended as follows:

1-1-55. Upon the approval and acceptance of said manuscript by the Attorney General, the same shall be printed in insertable pocket supplement form or replacement bound volume or volumes where necessary, containing appropriate chapters, titles and subdivisions of titles in the same arrangement as now appears in the Mississippi Code of 1972. * * *

SECTION 6. Section 1-1-57, Mississippi Code of 1972, is amended as follows:

1-1-57. The Secretary of State may purchase such numbers of sets of the pocket part supplements and the replacement volumes, including index replacement volumes, as may be required to maintain in a current status the sets of the Code of 1972 authorized to be furnished under the provisions of Section 1-1-11, and the Secretary of State shall distribute the same to the proper parties. In furtherance of the State Library's reciprocal program of code exchange with libraries of the several states the Secretary of State shall, at the direction and only upon the written request of the State Librarian, make distribution to such libraries.

SECTION 7. Section 1-1-105, Mississippi Code of 1972, is amended as follows:

1-1-105. The Director of the House Legislative Services Office and the Director of the Senate Legislative Services Office shall assist the joint committee with regard to staffing the committee to the extent feasible. The joint committee shall appoint one (1) attorney employed by the House Legislative Services Office and one (1) attorney employed by the Senate Legislative Services Office to serve as cocounsel for the committee * * *.

SECTION 8. Section 1-1-107, Mississippi Code of 1972, is amended as follows:

1-1-107. The joint committee shall have the following powers and duties:

(a) After consideration of recommendations by the Attorney General and the Secretary of State, to select and approve a contract with a reputable and competent publishing company on such terms and conditions and at such prices as deemed proper for the editing, printing, indexing, annotating, binding and publishing of all the acts of the Legislature passed since adjournment of the 1998 Session of the Mississippi Legislature and annually thereafter, provided that the expenditure of state funds shall be contingent upon the Legislature appropriating the necessary funds therefor. Nothing in this act (Laws, 1996, ch. 502) shall be construed to render invalid or impair the obligations of any contract entered into on behalf of the State of Mississippi on or before September 30, 1988, and any revisions or modifications to such contract other than extending the contract beyond September 30, 1998, for any of the purposes set forth in this act (Laws, 1996, ch. 502).

(b) To undertake such substantive revisions, recodifications and compilations of the Mississippi Code of 1972, and subsequent amendments thereto, as may be necessary or as may be directed by the Legislature.

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(c) In its discretion, to seek the advice and assistance of members and committees of the Mississippi Bar Association.

(d) To provide for the preparation and introduction of legislation containing its recommendations for the revisions in substance and form or both, or the repeal or amendment of statutes or portions thereof.

(e) To provide for procedures for the implementation or execution of its powers and duties.

(f) To take such other action or exercise such additional powers as may be necessary or convenient to carry out the purposes of this act (Laws, 1996, ch. 502).

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

1-5-1.  * * * The Office of the Secretary of State shall provide for the complete, accurate and timely printing of the general laws and the local and private laws passed at each session of the Legislature.

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SECTION 10. Section 1-5-3, Mississippi Code of 1972, is amended as follows:

1-5-3. The Office of the Secretary of State shall be responsible for the publication of the general laws, local and private laws and journals of the Legislature as provided for by law.

SECTION 11. Section 1-5-11, Mississippi Code of 1972, is amended as follows:

1-5-11.  * * * The Office of the Secretary of State shall provide for the publication of sufficient additional volumes of the general laws, local and private laws and journals not otherwise provided for by law, to be made available for sale at a reasonable cost, including preparation, printing, shipping and handling. The Office of the Secretary of State shall pay the proceeds of such sales into the State General Fund in the manner prescribed by law.

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SECTION 12. Section 1-5-13, Mississippi Code of 1972, is amended as follows:

1-5-13. (1)  * * * The Office of the Secretary of State shall provide for the publication of the advance sheets of the general laws enacted at each session of the Legislature. * * *

(2)  * * * The Office of the Secretary of State shall provide one (1) volume of the advance sheets * * * free of cost to each state government agency, to each respective Legislative Services Office of the House of Representatives and the Senate, to the Legislative Reference Bureau, and to each sheriff, chancery clerk, circuit clerk, superintendent of education, tax assessor, county prosecuting attorney, justice court judge, attorney for each county's board of supervisors, each municipal clerk, district attorney, circuit judge, chancellor, county court judge and Supreme Court judge. A copy shall be made available to each member of the Mississippi Bar Association in good standing, according to the records of the secretary of the Mississippi Bar Association, at a reasonable cost, including preparation, printing, shipping and handling. * * *

SECTION 13. Sections 1-1-59, 1-1-111 and 1-5-19, Mississippi Code of 1972, which relate to contracting to update any computer tape furnished with the Mississippi Code and to provide for and update a CD-ROM or other technological medium containing the Code; provide that the Joint Committee on Compilation, Revision and Publication of Legislation will be responsible for the approval and acceptance of the Code publishing company's manuscript of the legislative acts before printing by the company; and relate to the contracting for the publication of sufficient volumes of the legislative journals, the Code, the general laws and the local and private laws, are repealed.

SECTION 14. This act shall take effect and be in force from and after July 1, 1997.