MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary A

By: Representatives Ford (By Request), Horne

House Bill 1591

AN ACT TO AMEND SECTIONS 1-1-57, 1-1-107, 1-5-1, 1-5-3, 1-5-11, 1-5-13 AND 1-5-19, MISSISSIPPI CODE OF 1972, TO DELETE ALL OF THE POWERS AND DUTIES OF THE SECRETARY OF STATE REGARDING THE PUBLICATION OF LEGISLATION AND PROVIDE THAT THOSE POWERS AND DUTIES WILL BE EXERCISED SOLELY BY THE JOINT COMMITTEE ON COMPILATION, REVISION AND PUBLICATION OF LEGISLATION; AND FOR RELATED PURPOSES. 

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

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

1-1-57. The Joint Committee on Compilation, Revision and Publication of Legislation is hereby authorized to 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, Mississippi Code of 1972, and the joint committee 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 joint committee shall, at the direction and only upon the written request of the State Librarian, make distribution to such libraries.

SECTION 2. 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, * * * to select and contract with a reputable and competent publishing company on such terms and conditions and at such prices as it may deem 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.

(c) To formulate with the publishing company all the details associated with the codification of the laws enacted by the Mississippi Legislature.

(d) To review, approve or disapprove the work of the publishing company in preparing, supplementing, indexing or revising the Mississippi Code of 1972, or any volume, pocket part or portion thereof.

(e) To grant exclusive or nonexclusive publication and sales rights to the Mississippi Code of 1972, and subsequent amendments thereto, or portions thereof to the publishing company.

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

(g) 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.

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

(i) 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 3. Section 1-5-1, Mississippi Code of 1972, is amended as follows:

1-5-1. (1) Until July 1, 1998, 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.

(2) From and after July 1, 1998, the Joint Committee on Compilation, Revision and Publication of Legislation shall contract with a publishing company for the printing of the general laws and the local and private laws passed at each session of the Legislature * * *.

SECTION 4. Section 1-5-3, Mississippi Code of 1972, is amended as follows:

1-5-3. The Joint Committee on Compilation, Revision and Publication of Legislation shall be responsible for the distribution of the general laws, local and private laws and journals of the Legislature as provided for by law.

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

1-5-11. (1) Until July 1, 1998, 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.

(2) From and after July 1, 1998, the Joint Committee on Compilation, Revision and Publication of Legislation * * * shall contract with a publishing company 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 by the joint committee at a reasonable cost, including preparation, printing, shipping and handling. The joint committee shall pay the proceeds of such sales into the State General Fund in the manner prescribed by law.

SECTION 6. Section 1-5-13, Mississippi Code of 1972, is amended as follows:

1-5-13. (1) Until July 1, 1998, 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. From and after July 1, 1998, the Joint Committee on Compilation, Revision and Publication of Legislation shall contract with a publishing company for the publication of the advance sheets of the general laws enacted at each session of the Legislature * * *.

(2) The distribution and sale of the advance sheets shall be administered by the joint committee. One (1) volume of the advance sheets shall be provided 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. The joint committee shall pay the proceeds of such sales into the State General Fund in the manner prescribed by law.

SECTION 7. Section 1-5-19, Mississippi Code of 1972, is amended as follows:

1-5-19. (1) Until July 1, 1998, the Office of the Secretary of State shall provide for the publication of sufficient volumes of the House journal, Senate journal, Mississippi Code, general laws and local and private laws necessary to meet the requirements of this chapter.

(2) From and after July 1, 1998, the Joint Committee on Compilation, Revision and Publication of Legislation shall contract for the publication of the House Journal, Senate Journal, Mississippi Code, general laws and local and private laws necessary to meet the requirements of this chapter. The joint committee, at a minimum, shall contract for sufficient volumes of such publications * * * as necessary to meet the requirements of this chapter, and shall distribute same.

SECTION 8. This act shall take effect and be in force from and after July 1, 1997.