MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Public Health and Welfare

By: Senator(s) Smith, Burton, Lee, White (5th)

AN ACT RELATING TO CHILDREN; TO CREATE A TASK FORCE ON ESTABLISHING A MISSISSIPPI DEPARTMENT OF CHILDREN AND FAMILY PROGRAMS TO STUDY THE IMPLEMENTATION OF A FREESTANDING AGENCY TO ADMINISTER CERTAIN SPECIFIC CHILDREN SERVICE PROGRAMS AND THE IMPLEMENTATION OF A COORDINATED SERVICES FUNDING SYSTEM FOR INDIVIDUAL CHILDREN IN NEED OF SUCH SERVICES; TO AMEND SECTION 37-13-92, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DURATION OF PLACEMENT IN AN ALTERNATIVE SCHOOL PROGRAM SHALL BE FOR NOT LESS THAN 20 DAYS AND TO ESTABLISH AN ELEMENTARY ALTERNATIVE SCHOOL GRANT PROGRAM FOR GRADES K-5 FOR ELIGIBLE SCHOOL DISTRICTS TO BE AWARDED ON A COMPETITIVE BASIS; TO AMEND SECTION 37-19-22, MISSISSIPPI CODE OF 1972, TO DELETE THE RESTRICTION AGAINST USING STUDENTS IN ALTERNATIVE SCHOOL PROGRAMS IN DETERMINING A DISTRICT'S TEACHER UNIT ALLOTMENT; TO ESTABLISH A PRIVATE ENTERPRISE MENTORSHIP PROGRAM FOR JUVENILE OFFENDERS UNDER THE JURISDICTION OF THE DIVISION OF YOUTH SERVICES OF THE DEPARTMENT OF HUMAN SERVICES; TO DEFINE THOSE CHILDREN IN THE CUSTODY OF THE DIVISION ELIGIBLE FOR PARTICIPATION IN THE PROGRAM; TO PRESCRIBE THE BASIC COMPONENTS OF THE PROGRAM AND DEFINE ITS GOALS; TO PROVIDE A STATE INCOME TAX CREDIT FOR THE AMOUNT OF WAGES PAID BY EMPLOYERS TO PARTICIPANTS UNDER THE PROGRAM; TO INCLUDE ASSIGNMENT TO THE PRIVATE ENTERPRISE MENTORSHIP PROGRAM FOR JUVENILE OFFENDERS AS A DISPOSITION ALTERNATIVE TO THE COURT IN DELINQUENCY CASES; TO AMEND SECTION 43-21-261, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE EXCHANGE OF CHILD ABUSE AND NEGLECT AND OTHER CHILD WELFARE REPORTS BY THE DEPARTMENT OF HUMAN SERVICES WITH OTHER CHILD SERVICE AGENCIES OF STATE GOVERNMENT WITH A NEED FOR SUCH INFORMATION IN ORDER TO PROTECT OR TREAT THE CHILD AND TO REQUIRE INTERAGENCY AGREEMENTS REGARDING THE EXCHANGE OF SUCH INFORMATION; TO AUTHORIZE THE SITE SELECTION AND CONSTRUCTION OF JUVENILE CORRECTIONAL FACILITIES FOR JUVENILES COMMITTED TO THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS; TO PROVIDE THAT ONE SUCH FACILITY SHALL BE PRIVATELY OPERATED AND ONE SHALL BE PUBLICLY OPERATED; TO REQUIRE THE PUBLICLY OPERATED FACILITY TO MEET CERTAIN CONDITIONS; TO AUTHORIZE THE ISSUANCE OF STATE GENERAL OBLIGATION BONDS TO PROVIDE FUNDS FOR THE CONSTRUCTION AND EQUIPPING OF THE FACILITIES; TO AMEND SECTION 41-29-181, MISSISSIPPI CODE OF 1972, TO REVISE THE DISPOSITION OF PROCEEDS OF CIVIL FORFEITURES UNDER THE CONTROLLED SUBSTANCES LAW; TO CREATE IN THE STATE TREASURY A SPECIAL FUND TO BE KNOWN AS THE YOUTH COURT SUPPORT FUND; TO PROVIDE THAT THE ADMINISTRATIVE OFFICE OF COURTS SHALL ADMINISTER THE FUND, MAKE GRANTS THEREFROM, AND PROMULGATE RULES AND REGULATIONS PERTAINING THERETO; TO ENACT THE "MISSISSIPPI CONTROLLED SUBSTANCES TORT CLAIMS ACT"; TO ENACT LEGISLATIVE FINDINGS; TO ENACT DEFINITIONS; TO PRESCRIBE CIVIL DAMAGES FOR CERTAIN VIOLATIONS OF THE MISSISSIPPI UNIFORM CONTROLLED SUBSTANCES LAW; TO PROVIDE CIVIL DAMAGES TO A PARENT OR GUARDIAN AS AGAINST A PERSON UNLAWFULLY DELIVERING CONTROLLED SUBSTANCES TO THE PARENT OR GUARDIANS'S CHILD OR WARD; TO AMEND SECTION 9-9-1, MISSISSIPPI CODE OF 1972, TO REVISE THE CONTINUATION OR ESTABLISHMENT OF COUNTY COURTS IN CERTAIN COUNTIES; TO AMEND SECTION 9-9-5, MISSISSIPPI CODE OF 1972, TO REVISE THE QUALIFICATION, ELECTION, TERM OF OFFICE AND FILLING OF VACANCIES OF THE OFFICE OF COUNTY COURT JUDGE; TO AMEND SECTION 9-9-11, MISSISSIPPI CODE OF 1972, TO REVISE THE COMPENSATION OF THE OFFICE OF COUNTY COURT JUDGE; TO AMEND SECTIONS 23-15-975, 23-15-977 AND 25-3-25, MISSISSIPPI CODE OF 1972, IN CONFORMITY; TO AMEND SECTION 9-1-19, MISSISSIPPI CODE OF 1972, TO REVISE THE AUTHORITY OF JUDGES TO GRANT REMEDIAL WRITS; TO AMEND SECTION 9-1-23, MISSISSIPPI CODE OF 1972, TO INCLUDE COUNTY COURT JUDGES AS THOSE WHO ARE CONSERVATORS OF THE PEACE; TO AMEND SECTION 9-1-25, MISSISSIPPI CODE OF 1972, TO INCLUDE COUNTY COURT JUDGES AMONG THOSE WHO ARE NOT TO PRACTICE LAW; TO AMEND SECTION 9-1-35, MISSISSIPPI CODE OF 1972, TO REQUIRE THE COUNTY COURT TO OBTAIN A SEAL; TO AMEND SECTION 9-1-36, MISSISSIPPI CODE OF 1972, TO INCLUDE COUNTY COURT JUDGES AMONG THOSE FOR WHOM AN OFFICE ALLOWANCE IS APPROPRIATED; TO AMEND SECTION 9-9-19, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE HOLDING OF COUNTY COURT IN CERTAIN COUNTIES; TO AMEND SECTIONS 9-9-21, 9-9-23, 43-21-107, 43-21-117, 43-21-123, 9-13-17 AND 9-13-61, MISSISSIPPI CODE OF 1972, IN CONFORMITY; TO AMEND SECTION 43-21-111, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR A PARTIAL STATE FUNDING OF YOUTH COURT REFEREES IN COUNTIES NOT HAVING A COUNTY COURT; TO PROVIDE FOR THE ABOLITION OF ALL FAMILY COURTS AND PROVIDE FOR THE AUTOMATIC TRANSFER OF CASES THEREFROM; TO REPEAL SECTION 9-9-3, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE ESTABLISHMENT OF A COUNTY COURT BY AGREEMENT BETWEEN TWO OR MORE COUNTIES; TO REPEAL SECTION 9-9-13, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES CERTAIN MUNICIPALITIES TO SUPPLEMENT THE SALARIES OF COUNTY JUDGES; TO REPEAL SECTION 9-9-14, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES TWO COUNTY JUDGESHIPS FOR HARRISON COUNTY; TO REPEAL SECTION 9-9-15, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THREE COUNTY JUDGESHIPS FOR HINDS COUNTY; TO REPEAL SECTION 9-9-16, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES TWO COUNTY JUDGESHIPS FOR WASHINGTON COUNTY; TO REPEAL SECTION 9-9-17, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES TWO COUNTY JUDGESHIPS FOR JACKSON COUNTY; TO REPEAL SECTION 9-9-9, MISSISSIPPI CODE OF 1972, WHICH RESTRICTS THE PRACTICE OF LAW BY A COUNTY COURT JUDGE; TO REPEAL SECTION 9-9-37, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE ESTABLISHMENT OR ABOLITION OF COUNTY COURTS; TO REPEAL SECTION 9-9-39, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR TRANSFER OF PENDING MATTERS IN ANY COUNTY COURT THAT MAY BE ABOLISHED; TO REPEAL SECTION 9-9-41, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE ABOLITION OF COUNTY COURTS IN CERTAIN COUNTIES; TO REPEAL SECTION 9-9-43, MISSISSIPPI CODE OF 1972, WHICH REQUIRES LEGISLATIVE ACTION OR ELECTION FOR ABOLITION OF COUNTY COURTS IN CERTAIN COUNTIES; TO REPEAL SECTION 9-9-45, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE ESTABLISHMENT OR ABOLITION OF COUNTY COURTS UNDER CERTAIN CIRCUMSTANCES; TO REPEAL SECTIONS 43-23-1, 43-23-3, 43-23-5, 43-23-7, 43-23-9, 43-23-11, 43-23-13, 43-23-15, 43-23-17, 43-23-19, 43-23-21, 43-23-23, 43-23-25, 43-23-27, 43-23-29, 43-23-31, 43-23-33, 43-23-35, 43-23-37, 43-23-39, 43-23-41, 43-23-43, 43-23-45, 43-23-47, 43-23-49, 43-23-51, 43-23-53 AND 43-23-55, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE ESTABLISHMENT AND OPERATION OF FAMILY COURTS; TO ESTABLISH A MOTIVATING PARENTS AND CHILDREN (M.P.A.C.) PILOT PROGRAM WITHIN THE STATE DEPARTMENT OF EDUCATION FOR THE PURPOSE OF MAKING GRANTS TO SCHOOL DISTRICTS THAT PROVIDE PARENTAL INVOLVEMENT SERVICES TO FAMILIES OF COMPULSORY-SCHOOL-AGE CHILDREN RESIDING IN SUCH SCHOOL DISTRICT; TO SET FORTH THE PURPOSES OF THE M.P.A.C. PILOT PROGRAM; TO AUTHORIZE THE STATE DEPARTMENT OF EDUCATION TO DEVELOP AND IMPLEMENT THE M.P.A.C. PILOT PROGRAM; TO PRESCRIBE THE BASIC COMPONENTS OF SERVICES TO BE OFFERED BY SCHOOL DISTRICTS UNDER THE M.P.A.C. PILOT PROGRAM; TO PROVIDE AN APPLICATION AND SELECTION PROCEDURE FOR SCHOOL DISTRICTS PARTICIPATING IN THE M.P.A.C. PILOT PROGRAM; TO AMEND SECTION 37-11-53, MISSISSIPPI CODE OF 1972, TO REQUIRE PARENTS TO ATTEND CONFERENCES AND OTHER FUNCTIONS OF SCHOOL DISTRICTS PARTICIPATING IN THE M.P.A.C. PILOT PROGRAM; TO AMEND SECTION 63-1-10, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CHILDREN UNDER 18 RESIDING IN SCHOOL DISTRICTS PARTICIPATING IN THE M.P.A.C. PILOT PROGRAM WHO WITHDRAW FROM SCHOOL MAY HAVE THEIR DRIVER'S LICENSE SUSPENDED; TO AMEND SECTION 63-1-46, MISSISSIPPI CODE OF 1972, TO EXEMPT SUCH MINORS FROM LICENSE REINSTATEMENT FEES; TO AMEND SECTION 63-1-53, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES. 

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

SECTION 1. (1) There is hereby created a Task Force on Establishing a Mississippi Department of Children and Family Programs to study the implementation of a freestanding agency of Mississippi government which would focus on and administer the following programs relating to children: (a) the functions of the Division of Youth Services of the Department of Human Services; (b) the functions of the Child Support Unit of the Department of Human Services; (c) the functions of all child service programs presently administered by the Department of Human Services, including the foster care or foster home placement program, child adoption and child placement, and investigation of child abuse and neglect; (d) the administration of the school attendance officers enforcing the Mississippi Compulsory School Attendance Law presently administered by the district attorney offices; (e) the alternative school programs presently administered by the various school districts; (f) the Center for Prevention of School Violence program presently under the State Department of Education; (g) the Support Our Students (SOS) community-based program presently under the State Department of Education; (h) any program for children with severe emotional disturbances which are not provided by the Mississippi Department of Mental Health; and (i) a Coordinated Services Plan for Children which uses a "decategorized funding system" to budget and pay for all services required for an individual child in need of the programs specified in (a) through (h), creating a state and local Interagency Team to determine and commit to an individual budget for each child, to ensure that the funds for approved services follow the child.

(2) The task force shall make a report of its findings and recommendations to the Chairmen of the Committees on Juvenile Justice of the Senate and House of Representatives, the Lieutenant Governor and the Governor on October 1, 1997, for implementation in the 1998 Regular Session.

(3) The task force shall be composed of the following: (a) the Executive Director of the Department of Human Services; (b) the State Superintendent of Education; (c) the Executive Director of the Mississippi Department of Mental Health; (d) the Executive Director of the Division of Medicaid of the Office of the Governor; the executive director of one (1) regional mental health/retardation center in the state to be designated by the State Board of Mental Health; (e) the Attorney General; (f) the Director of the Council of Youth Court Judges; (g) the Chairman of the Senate Committee on Juvenile Justice; and (h) the Chairman of the House Committee on Juvenile Justice. In the event any member is unable to attend any meeting of the task force, such member shall not be authorized to designate another person to attend or vote at such meeting. Within fifteen (15) days after passage of this section, on a day to be designated jointly by the Governor, the Lieutenant Governor and the Speaker of the House of Representatives, the task force shall meet and organize by selecting from its membership a chairman and a vice-chairman. The vice-chairman shall also serve as secretary and shall be responsible for keeping all records of the task force. A majority of the members of the task force shall constitute a quorum. All members shall be notified in writing of all meetings, such notices to be mailed at least five (5) days prior to the date on which a meeting is to be held.

(4) Any member of the task force who is also a state employee shall not be eligible to receive per diem compensation for attending meetings of the task force, but may be reimbursed in accordance with Section 25-3-41, Mississippi Code of 1972, for mileage and actual expense incurred in the performance of their duties, if authorized by vote, at a meeting of the task force, which action shall be recorded in the official minutes of said meeting. Legislative members of the task force shall be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session.

(5) The task force is authorized to accept money from any source, public or private, to be expended in implementing its duties under this resolution.

(6) The State Fiscal Officer is hereby authorized and directed to withhold any State General Funds allocated to any state agency whose agency head is directed to attend meetings of the Task Force on Creating a Department of Children and Family Programs for any month in which such agency head fails to attend a regularly called meeting of the task force.

(7) The task force is empowered to hire staff as well as to utilize staff already employed by the agencies affected by this section and any other staff assistance made available to it.

(8) Funding for the task force may be provided from any funds that may be appropriated by the Legislature for that purpose.

(9) Upon presentation of its report, the task force shall be dissolved.

SECTION 2. Section 37-13-92, Mississippi Code of 1972, is amended as follows:

37-13-92. (1) Beginning with the school year 1993-1994, the school boards of all school districts shall establish, maintain and operate, in connection with the regular programs of said school district, an alternative school program for, but not limited to, the following categories of compulsory-school-age students:

(a) Any compulsory-school-age child who has been suspended or expelled from school, except for any student expelled for possession of a weapon or other felonious conduct.

(b) Any compulsory-school-age child referred to such alternative school based upon a documented need for placement in the alternative school program by the parent, legal guardian or custodian of such child due to disciplinary problems.

(c) Any compulsory-school-age child referred to such alternative school program by the dispositive order of a chancellor or youth court judge, with the consent of the superintendent of the child's school district.

(2) The principal or program administrator of any such alternative school program shall require verification from the appropriate guidance counselor of any such child referred to the alternative school program regarding the suitability of such child for attendance at the alternative school program. Before a student may be removed to an alternative school education program, the superintendent of the student's school district must determine that the written and distributed disciplinary policy of the local district be followed and the policy shall include standards for:

(a) The removal of a student to an alternative education program that will include a process of educational review to develop the student's individual instruction plan and the evaluation at regular intervals of the student's educational progress; the process shall include classroom teachers and/or other appropriate professional personnel, as defined in the district policy, to ensure a continuing educational program for the removed student;

(b) The duration of alternative placement, which shall be for not less than twenty (20) days);

(c) The notification of parents or guardians, and their appropriate inclusion in the removal and evaluation process, as defined in the district policy. Nothing in this paragraph should be defined in a manner to circumvent the principal's or the superintendent's authority to remove a student to alternative education.

(3) The local school board or the superintendent shall provide for the continuing education of a student who has been removed to an alternative school program.

(4) A school district may provide a program of general educational development (GED) preparatory instruction in the alternative school program. However, any GED preparation program offered in an alternative school program must satisfy the minimum guidelines established for such programs by the State Board of Education.

(5) Any such alternative school program operated under the authority of this section shall meet all appropriate accreditation requirements of the State Department of Education.

(6) The alternative school program may be held within such school district or may be operated by two (2) or more adjacent school districts, pursuant to a contract approved by the State Board of Education. When two (2) or more school districts contract to operate an alternative school program, the school board of a district designated to be the lead district shall serve as the governing board of the alternative school program. Transportation for students attending the alternative school program shall be the responsibility of the local school district. The expense of establishing, maintaining and operating such alternative school program may be paid from funds contributed or otherwise made available to the school district for such purpose or from local district maintenance funds.

(7) The State Board of Education shall promulgate minimum guidelines for alternative school programs. The minimum guidelines shall require, at a minimum, the formulation of an individual instruction plan for each student referred to the alternative school program and, upon a determination that it is in a student's best interest for that student to receive general educational development (GED) preparatory instruction, that the local school board assign the student to a GED preparatory program designed for the specific purpose of preparing students to successfully write the GED test and earn a certificate equivalent to the high school diploma. The minimum guidelines for alternative school programs shall also require the following components:

(a) Clear guidelines and procedures for placement of students into alternative education programs which at a minimum shall prescribe due process procedures for disciplinary and general educational development (GED) placement.

(b) Clear and consistent goals for students and parents;

(c) Curricula addressing cultural and learning style differences;

(d) Direct supervision of all activities on a closed campus;

(e) Full-day attendance with a rigorous workload and minimal time off;

(f) Selection of program from options provided by the local school district, Division of Youth Services or the youth court, including transfer to a community-based alternative school;

(g) Continual monitoring and evaluation and formalized passage from one step or program to another;

(h) A motivated and culturally diverse staff;

(i) Counseling for parents and students;

(j) Administrative and community support for the program; and

(k) Clear procedures for annual alternative school program review and evaluation.

(8) On request of a school district, the State Department of Education shall provide the district informational material on developing an alternative school program that takes into consideration size, wealth and existing facilities in determining a program best suited to a district.

(9) Any compulsory-school-age child who becomes involved in any criminal or violent behavior shall be removed from such alternative school program and, if probable cause exists, a case shall be referred to the youth court.

(10) Each local school district of this state may apply for an elementary alternative school program grant serving eligible categories of students in Grades K-5. Funds shall only be available subject to appropriation by the Legislature which in no event shall exceed Two Million Dollars ($2,000,000.00) in any fiscal year. In order to be eligible for such grant, each district desiring to participate shall apply to the State Department of Education by May 31 before the beginning of the applicable fiscal year. Such applications shall be on forms provided by the State Department of Education. Such grants shall be awarded on a competitive basis, and the State Department of Education shall determine by July 1 of each succeeding year which local school districts have submitted approved applications for an elementary alternative school program grant under this subsection.

(11) This section shall stand repealed from and after July 1, 1997.

SECTION 3. Section 37-19-22, Mississippi Code of 1972, is amended as follows:

37-19-22. (1) In addition to other funds allowed under the Minimum Education Program, each school district shall receive a grant for the support of alternative school programs established under Section 37-13-92, in accordance with the following: three-fourths of one percent (.75%) of the school district's average daily attendance or twelve (12) pupils, whichever is greater, multiplied by the average expenditure of public monies per pupil in the State of Mississippi, as determined by the State Board of Education. * * *

(2) An alternative school advisory board may be created within each school district maintaining a freestanding alternative school or two (2) or more adjacent school districts operating a freestanding alternative school pursuant to a contract approved by the State Board of Education. The advisory board shall meet no less than two (2) times during each school year to study the alternative school program and to make recommendations for improvements to the superintendent of the local school board or boards, as the case may be, and the State Superintendent of Education. The alternative school advisory board shall consist of the following members: one (1) school administrator to be appointed by each local school board of the school district or districts operating the alternative school; one (1) school board member and one (1) parent to be appointed by each superintendent of the school district or districts operating the alternative school; one (1) classroom teacher to be appointed by the classroom teachers in each school district operating the alternative school; one (1) individual to be appointed by the local youth court judge, or if there is no such court the chancery court judge; and one (1) law enforcement officer to be appointed by the local sheriff. The initial members of the advisory board shall serve as follows: One-third (1/3) of the members shall serve two (2) years; one-third (1/3) of the members shall serve three (3) years; and one-third (1/3) of the members shall serve four (4) years, to be designated by the appointing authority at the time of appointment. Thereafter, the term of each member shall be for a period of four (4) years.

An alternative school advisory board shall have no governing authority over the alternative school program, and not in any manner shall an advisory board's authority supersede the authority of the school district or lead district in those alternative school programs operated jointly by two (2) or more districts.

SECTION 4. (1) The Division of Youth Services of the Mississippi Department of Human Services shall conduct a program, in accordance with this section and any applicable waivers from the Secretary of the federal Department of Health and Human Services and the Secretary of the federal Department of Agriculture, which shall be known as the Private Enterprise Mentorship Program for Juvenile Offenders, hereinafter referred to as the "program." Children between thirteen (13) and sixteen (16) years of age placed in the custody of the Division of Youth Services, and any other child who has been convicted or adjudicated for a second offense which would have been a felony if committed by an adult, shall be assigned by the court or the division to participation in the program upon release from a juvenile correctional facility under the jurisdiction and responsibility of the division, for a period not to exceed six (6) months. There shall be excluded from this program any child convicted of murder, rape or any other crime for which the sentence of confinement was three (3) years or more. The program shall assign participants to wage-paying private sector jobs designed to increase their self-sufficiency, improve their competitive position in the work force and increase successful rehabilitation for such juveniles through educationally linked job internships, mentored job experiences and career plans for participants.

(2) The Mississippi Department of Human Services shall amend the AFDC Job Opportunities and Basic Skills (JOBS), and Food Stamp state plans as necessary to incorporate the program. The Division of Youth Services shall administer the program and promulgate state regulations for operation of the program. In administering the program, the division shall actively encourage private employers to utilize program participants, and ensure that, to the extent feasible, program job assignments match participant skills and experience with the needs of the employers.

(3) To the maximum extent permitted by federal law, and notwithstanding other provisions of Mississippi law, the division shall, through competitive procurement, engage the services of qualified public and private organizations to operate the program and to provide services incident to such operation, and shall incorporate in the resultant contracts to the extent feasible, performance-based incentive payments related to accomplishment of program goals.

(4) Noncustodial nonworking parents of AFDC children shall participate in the program in order to meet their child support obligations. Participants between thirteen (13) and sixteen (16) years of age who are in high school shall be exempt from mandatory participation in the program, but shall be eligible for summer work in the program. Any participant who is working full time in a job that is not subsidized under the program shall be exempt from participation in the program.

(5) Participants in the program shall be entitled to a maximum of forty (40) hours per week of employment in program jobs, as available, and shall be paid at the hourly rate of the federal minimum wage. Employers shall pay the participant the federal or state minimum wage, whichever is higher, for every participant hour worked.

(6) Any participating employer may, at any time, choose to terminate the use of a participant in accordance with regulations of the division. The division shall endeavor to keep such terminations to a minimum and, when they occur, to provide expeditiously new jobs for the participants and new participants for the employers.

(7) Program participants who are Medicaid-eligible at the time they enter the program shall remain Medicaid-eligible so long as they continue to participate. Participants needing child care shall be provided child care through the program.

(8) Every employer subject to the Mississippi unemployment tax shall be eligible for assignment of program participants, but no employer shall be required to utilize such participants. Employers shall provide on-the-job training to the degree necessary for the participants to perform their duties. Employers also shall recruit volunteer mentors from among their regular employees to assist the participants in becoming oriented to work and the workplace. Employers shall insure that jobs made available to program participants are in conformity with Section 3304(a)(5) of the Federal Unemployment Tax Act, which requires that the job offered cannot be available as a result of a strike or labor dispute, and that the job cannot require the employee to join nor prohibit the employee from joining a labor organization, and that program participants are not used to displace regular workers, nor to fill unfilled positions previously established. The job must also be one for which the program wage is not substantially less than the wage paid for similar jobs in the local community.

(9) Employers in the program who are resident taxpayers in Mississippi shall be allowed a tax credit for all participant wages paid for each participant hour worked against the amount of income tax found to be due to the State of Mississippi under Section 27-7-1 et seq., Mississippi Code of 1972. Before an individual or corporate taxpayer of Mississippi may claim the credit allowed under this section, he shall file with his tax return a statement showing the amount of participant wages paid under the program in the applicable tax year, verified by the Division of Youth Services.

(10) Annually the division shall report the status and progress of the program to the Legislature and the Governor, containing a full and complete description and analysis of program operations and results. Such report shall include recommendations from the division as to the potential for expanded implementation of the program.

SECTION 5. Section 43-21-261, Mississippi Code of 1972, is amended as follows:

43-21-261. (1) Except as otherwise provided in this section, records involving children shall not be disclosed, other than to necessary staff of the youth court, except pursuant to an order of the youth court specifying the person or persons to whom the records may be disclosed, the extent of the records which may be disclosed and the purpose of the disclosure. Such court orders for disclosure shall be limited to those instances in which the youth court concludes, in its discretion, that disclosure is required for the best interests of the child, the public safety or the functioning of the youth court and then only to the following persons:

(a) The judge of another youth court or member of another youth court staff;

(b) The court of the parties in a child custody or adoption cause in another court;

(c) A judge of any other court or members of another court staff;

(d) Representatives of a public or private agency providing supervision or having custody of the child under order of the youth court;

(e) Any person engaged in a bona fide research purpose, provided that no information identifying the subject of the records shall be made available to the researcher unless it is absolutely essential to the research purpose and the judge gives prior written approval, and the child, through his or her representative, gives permission to release the information;

(f) The Mississippi Employment Security Commission, or its duly authorized representatives, for the purpose of a child's enrollment into the Job Corps Training Program as authorized by Title IV of the Comprehensive Employment Training Act of 1973 (29 U.S.C.A. Section 923 et seq.). However, no records, reports, investigations or information derived therefrom pertaining to child abuse or neglect shall be disclosed; and

(g) To any person pursuant to a finding by a judge of the youth court of compelling circumstances affecting the health or safety of a child and that such disclosure is in the best interests of the child.

Law enforcement agencies may disclose information to the public concerning the taking of a child into custody for the commission of a delinquent act without the necessity of an order from the youth court. The information released shall not identify the child or his address unless the information involves a child convicted as an adult.

(2) Any records involving children which are disclosed under an order of the youth court and the contents thereof shall be kept confidential by the person or agency to whom the record is disclosed except as provided in the order. Any further disclosure of any records involving children shall be made only under an order of the youth court as provided in this section.

(3) Upon request, the parent, guardian or custodian of the child who is the subject of a youth court cause or any attorney for such parent, guardian or custodian, shall have the right to inspect any record, report or investigation which is to be considered by the youth court at a hearing, except that the identity of the reporter shall not be released, nor the name of any other person where the person or agency making the information available finds that disclosure of the information would be likely to endanger the life or safety of such person.

(4) Upon request, the child who is the subject of a youth court cause shall have the right to have his counsel inspect and copy any record, report or investigation which is filed with the youth court.

(5)(a) The youth court prosecutor or prosecutors, the county attorney, the district attorney, the youth court defender or defenders, or any attorney representing a child shall have the right to inspect any law enforcement record involving children.

(b) The Department of Human Services shall disclose to a county prosecuting attorney or district attorney any and all records resulting from an investigation into suspected child abuse or neglect when the case has been referred by the Department of Human Services to the county prosecuting attorney or district attorney for criminal prosecution.

(c) Agency records made confidential under the provisions of this section may be disclosed to a court of competent jurisdiction.

(6) Information concerning an investigation into a report of child abuse or child neglect may be disclosed by the Department of Human Services without order of the youth court to any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, child care giver, minister, law enforcement officer, public or private school employee making that report pursuant to Section 43-21-353(1) if the reporter has a continuing professional relationship with the child and a need for such information in order to protect or treat the child. Provided, however, that reports of abuse and neglect made under this chapter, and any other report relating to the welfare of a child, may be disclosed by the Department of Human Services without order of the youth court to any other official within the department and to officials with the State Department of Education, the State Department of Health and the Mississippi Department of Mental Health if such official has a professional relationship with the child and a need for such information in order to protect or treat the child. The agency heads of said departments shall develop and enter into a mutual agreement establishing procedures for the exchange of such information to ensure confidentiality of the information and restrict use of the information to the best interest of the child.

(7) Information concerning an investigation into a report of child abuse or child neglect may be disclosed without further order of the youth court to any interagency child abuse task force established in any county or municipality by order of the youth court of that county or municipality.

(8) Names and addresses of juveniles twice adjudicated as delinquent for an act which would be a felony if committed by an adult or for the unlawful possession of a firearm shall not be held confidential and shall be made available to the public.

(9) Names and addresses of juveniles adjudicated as delinquent for murder, manslaughter, burglary, arson, armed robbery, aggravated assault, any sex offense as defined in Section 45-33-1, or for any violation of Section 41-29-139(a)(1), shall not be held confidential and shall be made available to the public.

(10) The judges of the circuit and county courts, and presentence investigators for the circuit courts, as provided in Section 47-7-9, shall have the right to inspect any youth court records of a person convicted of a crime for sentencing purposes only.

(11) The victim of an offense committed by a child who is the subject of a youth court cause shall have the right to be informed of the child's disposition by the youth court.

(12) The Classification Committee of the state Department of Corrections, as provided in Section 47-5-103, shall have the right to inspect any youth court records, excluding abuse and neglect records, of any offender in the custody of the department who as a child or minor was a juvenile offender or was the subject of a youth court cause of action, and the State Parole Board, as provided in Section 47-7-17, shall have the right to inspect such records when said offender becomes eligible for parole.

(13) The youth court shall notify the Department of Public Safety of the name, and any other identifying information such department may require, of any child who is adjudicated delinquent as a result of a violation of the Uniform Controlled Substances Law.

(14) The Administrative Office of Courts shall have the right to inspect any youth court records in order that the number of youthful offenders may be tracked with specificity through the youth court and adult justice system, and to utilize tracking forms for such purpose.

SECTION 6. (1) If the State Prison Emergency Construction and Management Board is not continued, the Department of Corrections, in conjunction with the Department of Finance and Administration, shall select a suitable site for a public or a private juvenile correctional facility in Lauderdale, Wilkinson or Sharkey County, or any other county that submits a resolution signed by a majority of the board of supervisors requesting that a juvenile correctional facility be located in that county. In addition, the Department of Corrections, in conjunction with Department of Finance and Administration, shall provide for the construction and equipping of the juvenile correctional facilities authorized under this act and may contract for the operation and management of one (1) facility by private contractor.

(2)(a) The facilities authorized in this act are two (2) two-hundred-fifty-bed single cell juvenile correctional facilities for juveniles of the age of nineteen (19) and under who are in the custody of the Department of Corrections.

(b) One (1) facility shall be operated by the Department of Corrections. One (1) facility shall be privately operated and such private contractor shall meet the requirements under Sections 47-5-1211 through 47-5-1227, Mississippi Code of 1972.

SECTION 7. (1) The Department of Finance and Administration, at one time or from time to time, may declare by resolution the necessity for issuance of general obligation bonds of the State of Mississippi to provide funds for construction, equipping, furnishing, adding to, improving and maintaining juvenile correctional facilities authorized in Senate Bill No. 2369, 1997 Regular Session. Upon the adoption of a resolution by the Department of Finance and Administration, declaring the necessity for the issuance of any part or all of the general obligation bonds authorized by this section, the department shall deliver a certified copy of its resolution or resolutions to the State Bond Commission. Upon receipt of such resolution, the State Bond Commission, in its discretion, may act as the issuing agent, prescribe the form of the bonds, advertise for and accept bids, issue and sell the bonds so authorized to be sold, and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds. The amount of bonds issued under Senate Bill No. 2369, 1997 Regular Session, shall not exceed Forty Million Dollars ($40,000,000.00) to provide funds for the purposes hereinabove set forth and to issue and sell bonds in the amount specified.

(2) Out of the total amount of bonds authorized to be issued, funds shall be allocated as follows:

(a) Construction and equipping of one (1) two-hundred-fifty-bed single cell facility to be operated by the Department of Corrections at a site selected under Senate Bill No. 2369, 1997 Regular Session $20,000,000.00.

(3) A special fund, to be designated the "1997 Juvenile Correctional Facility Construction Fund," is created within the State Treasury. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state, and investment earnings on amounts in the fund shall be deposited into such fund. The expenditure of monies deposited into the fund shall be under the direction of the Department of Finance and Administration, and such funds shall be paid by the State Treasurer upon warrants issued by the Department of Finance and Administration. Monies deposited into such fund shall be allocated and disbursed according to Senate Bill No. 2369, 1997 Regular Session.

SECTION 8. The principal of and interest on the bonds authorized under Senate Bill No. 2369, 1997 Regular Session, shall be payable in the manner provided in this section. Such bonds shall bear such date or dates, be in such denomination or denominations, bear interest at such rate or rates not exceeding the limits set forth in Section 75-17-101, be payable at such place or places within or without the State of Mississippi, shall mature absolutely at such time or times not to exceed twenty (20) years from date of issue, be redeemable before maturity at such time or times and upon such terms, with or without premium, shall bear such registration privileges, and shall be substantially in such form, all as determined by resolution of the State Bond Commission.

SECTION 9. The bonds authorized under Senate Bill No. 2369, 1997 Regular Session, shall be signed by the Chairman of the State Bond Commission, or by his facsimile signature, and the official seal of the State Bond Commission shall be affixed thereto, attested by the Secretary of the State Bond Commission. The interest coupons, if any, to be attached to such bonds may be executed by the facsimile signatures of such officers. Whenever any such bonds shall have been signed by the officials designated to sign the bonds who were in office at the time of such signing but who may have ceased to be such officers before the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the signatures of such officers upon such bonds and coupons shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially signing such bonds had remained in office until their delivery to the purchaser, or had been in office on the date such bonds may bear. However, notwithstanding anything in Senate Bill No. 2369, 1997 Regular Session, to the contrary, such bonds may be issued as provided in the Registered Bond Act of the State of Mississippi.

SECTION 10. All bonds and interest coupons issued under the provisions of Senate Bill No. 2369, 1997 Regular Session, have all the qualities and incidents of negotiable instruments under the provisions of the Mississippi Uniform Commercial Code, and in exercising the powers granted by Senate Bill No. 2369, 1997 Regular Session, the State Bond Commission shall not be required to and need not comply with the provisions of the Mississippi Uniform Commercial Code.

SECTION 11. The State Bond Commission shall act as the issuing agent for the bonds authorized under Senate Bill No. 2369, 1997 Regular Session, prescribe the form of the bonds, advertise for and accept bids, issue and sell the bonds so authorized to be sold, pay all fees and costs incurred in such issuance and sale, and do all other things necessary and advisable in connection with the issuance and sale of the bonds. The State Bond Commission may pay the costs that are incident to the sale, issuance and delivery of the bonds authorized under Senate Bill No. 2369, 1997 Regular Session, from the proceeds derived from the sale of the bonds. The State Bond Commission shall sell such bonds on sealed bids at public sale, and for such price as it may determine to be for the best interest of the State of Mississippi, but no such sale may be made at a price less than par plus accrued interest to the date of delivery of the bonds to the purchaser. All interest accruing on such bonds so issued shall be payable semiannually or annually; however, the first interest payment may be for any period of not more than one (1) year.

Notice of the sale of any such bond shall be published at least one (1) time, not less than ten (10) days before the date of sale, and shall be so published in one or more newspapers published or having a general circulation in the City of Jackson, Mississippi, and in one or more other newspapers or financial journals with a national circulation, to be selected by the State Bond Commission.

The State Bond Commission, when issuing any bonds under the authority of Senate Bill No. 2369, 1997 Regular Session, may provide that the bonds, at the option of the State of Mississippi, may be called in for payment and redemption at the call price named therein and accrued interest on such date or dates named therein.

SECTION 12. The bonds issued under the provisions of Senate Bill No. 2369, 1997 Regular Session, are general obligations of the State of Mississippi, and for the payment thereof the full faith and credit of the State of Mississippi is irrevocably pledged. If the funds appropriated by the Legislature are insufficient to pay the principal of and the interest on such bonds as they become due, then the deficiency shall be paid by the State Treasurer from any funds in the State Treasury not otherwise appropriated. All such bonds shall contain recitals on their faces substantially covering the provisions of this section.

SECTION 13. The State Treasurer is authorized to certify to the State Fiscal Officer the necessity for warrants, and the State Fiscal Officer is authorized and directed to issue such warrants, in such amounts as may be necessary to pay when due the principal of, premium, if any, and interest on, or the accredited value of, all bonds issued under Senate Bill No. 2369, 1997 Regular Session; and the State Treasurer shall forward the necessary amount to the designated place or places of payment of such bonds in ample time to discharge such bonds, or the interest on the bonds, on their due dates.

SECTION 14. Upon the issuance and sale of bonds under Senate Bill No. 2369, 1997 Regular Session, the State Bond Commission shall deposit the proceeds of any such sale or sales in a special fund created in the State Treasury to be known as the "Juvenile Justice Assistance Fund." The proceeds of such bonds shall be used solely for the purposes provided in Senate Bill No. 2369, 1997 Regular Session, including the costs incident to the issuance and sale of such bonds. The costs incident to the issuance and sale of such bonds shall be disbursed by warrant upon requisition of the State Bond Commission, signed by the chairman of the commission. The remaining monies in the fund shall be expended solely under the direction of the Department of Finance and Administration under such restrictions, if any, as may be contained in the resolution providing for the issuance of the bonds, and such funds shall be paid by the State Treasurer upon warrants issued by the State Fiscal Officer.

SECTION 15. The bonds authorized under Senate Bill No. 2369, 1997 Regular Session, may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things that are specified or required by Senate Bill No. 2369, 1997 Regular Session. Any resolution providing for the issuance of bonds under Senate Bill No. 2369, 1997 Regular Session, shall become effective immediately upon its adoption by the State Bond Commission, and any such resolution may be adopted at any regular or special meeting of the State Bond Commission by a majority of its members.

SECTION 16. The bonds authorized under the authority of Senate Bill No. 2369, 1997 Regular Session, may be validated in the Chancery Court of the First Judicial District of Hinds County, Mississippi, in the manner and with the force and effect provided by Chapter 13, Title 31, Mississippi Code of 1972, for the validation of county, municipal, school district and other bonds. The notice to taxpayers required by such statutes shall be published in a newspaper published or having a general circulation in the City of Jackson, Mississippi.

SECTION 17. Any holder of bonds issued under Senate Bill No. 2369, 1997 Regular Session, or of any of the interest coupons pertaining to the bonds may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce all rights granted under Senate Bill No. 2369, 1997 Regular Session, or under such resolution, and may enforce and compel performance of all duties required by Senate Bill No. 2369, 1997 Regular Session, to be performed, in order to provide for the payment of bonds and interest on the bonds.

SECTION 18. All bonds issued under Senate Bill No. 2369, 1997 Regular Session, shall be legal investments for trustees and other fiduciaries, and for savings banks, trust companies and insurance companies organized under the laws of the State of Mississippi, and such bonds shall be legal securities that may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and political subdivisions for the purpose of securing the deposit of public funds.

SECTION 19. Bonds issued under Senate Bill No. 2369, 1997 Regular Session, and income from the bonds shall be exempt from all taxation in the State of Mississippi.

SECTION 20. Senate Bill No. 2369, 1997 Regular Session, shall be deemed to be full and complete authority for the exercise of the powers granted, but Senate Bill No. 2369, 1997 Regular Session, shall not be deemed to repeal or to be in derogation of any existing law of this state.

SECTION 21. Section 41-29-181, Mississippi Code of 1972, is amended as follows:

41-29-181. (1) Regarding all controlled substances, raw materials and paraphernalia which have been forfeited, the circuit court shall by its order direct the Bureau of Narcotics to:

(a) Retain the property for its official purposes;

(b) Deliver the property to a government agency or department for official purposes;

(c) Deliver the property to a person authorized by the court to receive it; or

(d) Destroy the property that is not otherwise disposed, pursuant to the provisions of Section 41-29-154.

(2) All other property, real or personal, which is forfeited under this article, except as otherwise provided in Section 41-29-185, and except as provided in subsections (3), (7) and (8) of this section, shall be liquidated and, after deduction of court costs and the expenses of liquidation, the proceeds shall be divided and deposited as follows:

(a) In the event only one law enforcement agency participates in the underlying criminal case out of which the forfeiture arises, forty-five percent (45%) of the proceeds shall be forwarded to the State Treasurer and deposited in the General Fund of the state, forty-five percent (45%) of the proceeds shall be deposited and credited to the budget of the participating law enforcement agency, and ten percent (10%) of the proceeds shall be deposited and credited to the Youth Court Support Fund created by Section 22 of Senate Bill No. 2369, 1997 Regular Session.

(b) In the event more than one law enforcement agency participates in the underlying criminal case out of which the forfeiture arises, forty-five percent (45%) of the proceeds shall be deposited and credited to the budget of the law enforcement agency whose officers initiated the criminal case * * *, forty-five percent (45%) shall be divided equitably between or among the other participating law enforcement agencies, and shall be deposited and credited to the budgets of the participating law enforcement agencies, and ten percent (10%) of the proceeds shall be deposited and credited to the Youth Court Support Fund created by Section 22 of Senate Bill No. 2369, 1997 Regular Session. In the event that the other participating law enforcement agencies cannot agree on the division of their forty-five percent (45%), a petition shall be filed by any one of them in the court in which the civil forfeiture case is brought and the court shall make an equitable division.

(3) All money which is forfeited under this article, except as otherwise provided by Section 41-29-185, shall be divided, deposited and credited in the same manner as set forth in subsection (2) of this section.

(4) All property forfeited, deposited and credited to the Mississippi Bureau of Narcotics under this article shall be forwarded to the State Treasurer and deposited in a special fund for use by the Mississippi Bureau of Narcotics upon appropriation by the Legislature.

(5) All real estate which is forfeited under the provisions of this article shall be sold to the highest and best bidder at a public auction for cash, such auction to be conducted by the chief law enforcement officer of the initiating law enforcement agency, or his designee, at such place, on such notice and in accordance with the same procedure, as far as practicable, as is required in the case of sales of land under execution at law. The proceeds of such sale shall first be applied to the cost and expense in administering and conducting such sale, then to the satisfaction of all mortgages, deeds of trust, liens and encumbrances of record on such property. The remaining proceeds shall be divided, forwarded and deposited in the same manner set out in subsection (2) of this section.

(6) All other property that has been forfeited shall, except as otherwise provided, be sold at a public auction for cash by the chief law enforcement officer of the initiating law enforcement agency, or his designee, to the highest and best bidder after advertising the sale for at least once each week for three (3) consecutive weeks, the last notice to appear not more than ten (10) days nor less than five (5) days prior to such sale, in a newspaper having a general circulation in the jurisdiction in which said law enforcement agency is located. Such notices shall contain a description of the property to be sold and a statement of the time and place of sale. It shall not be necessary to the validity of such sale either to have the property present at the place of sale or to have the name of the owner thereof stated in such notice. The proceeds of the sale shall be disposed of as follows:

(a) To any bona fide lienholder, secured party, or other party holding an interest in the property in the nature of a security interest, to the extent of his interest; and

(b) The balance, if any, remaining after deduction of all storage, court costs and expenses of liquidation shall be divided, forwarded and deposited in the same manner set out in subsection (2) of this section.

(7) Any county or municipal law enforcement agency may maintain, repair, use and operate for official purposes all property, other than real property, money or such property that is described in subsection (1) of this section, that has been forfeited to the agency if it is free from any interest of a bona fide lienholder, secured party or other party who holds an interest in the property in the nature of a security interest. Such county or municipal law enforcement agency may purchase the interest of a bona fide lienholder, secured party or other party who holds an interest so that the property can be released for its use. If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law, the law enforcement agency shall be deemed to be the purchaser, and the certificate of title shall be issued to it as required by subsection (9) of this section.

(8) The Mississippi Bureau of Narcotics may maintain, repair, use and operate for official purposes all property, other than real property, money or such property as is described in subsection (1) of this section, that has been forfeited to the bureau if it is free from any interest of a bona fide lienholder, secured party, or other party who holds an interest in the property in the nature of a security interest. In such case, the bureau may purchase the interest of a bona fide lienholder, secured party, or other party who holds an interest so that such property can be released for use by the bureau.

The bureau may maintain, repair, use and operate such property with money appropriated to the bureau for current operations. If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law, the bureau is deemed to be the purchaser and the certificate of title shall be issued to it as required by subsection (9) of this section.

(9) The State Tax Commission shall issue a certificate of title to any person who purchases property under the provisions of this section when a certificate of title is required under the laws of this state.

SECTION 22. (1) The Administrative Office of Courts shall have the responsibility of administering the Youth Court Support Fund, making grants therefrom and soliciting and accepting applications for grants.

(2) There is hereby created in the State Treasury a special fund to be known as the Youth Court Support Fund. The fund shall be administered by the Administrative Office of Courts. The fund shall consist of monies made available therefor by the Legislature through appropriation or other means, including but not limited to the deposit of the statutory percentage of drug forfeiture proceeds designated thereto, and the Administrative Office of Courts may also accept monies from any public or private source for deposit into the fund. Money remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned from the investment of monies in the fund shall be deposited to the credit of the fund. Money in the fund shall be utilized by the Administrative Office of Courts to provide grants to youth courts authorized to apply therefor.

(3) The Administrative Office of Courts shall promulgate rules and regulations necessary to implement this section.

(4) No provision of this section shall be construed as prohibiting a youth court from accepting financial assistance of any type from the State of Mississippi or any other governmental entity, or any contribution, donation, gift, decree or bequest from any source which may be utilized for the benefit or programs of a youth court.

SECTION 23. Sections 24 through 31 of this act shall be known as the "Mississippi Controlled Substances Tort Claims Act."

SECTION 24. (1) The Legislature finds that the abuse of controlled substances:

(a) Greatly increases incidents involving crimes of violence and threats of crimes of violence;

(b) Causes death or severe and often irreversible injuries to newborn children;

(c) Accounts for the commission of the majority of property crimes committed within this state;

(d) Causes motor vehicle, job-related and numerous other types of accidents that frequently result in death or permanent injuries;

(e) Contributes to the disintegration of the family;

(f) Interferes with the duty of parents and legal guardians to provide for the physical, mental and emotional well-being of their unemancipated children and with the rights of parents and legal guardians to raise the children free from the physical, mental and emotional trauma that is caused by the abuse of controlled substances;

(g) Encourages and fosters the growth of gangs engaged in violent and nonviolent crime;

(h) Furthers the interests of elements of organized criminals;

(i) Increases the dropout, truancy and failure rates of children attending schools within this state;

(j) Stifles educational opportunities for both drug users and nonusers;

(k) Contributes to the unemployment rate within this state;

(l) Reduces the productivity of employees, retards competitiveness within the established business community, and hinders the formation and growth of new businesses;

(m) Reduces the value of real property;

(n) Costs the citizens of this state billions of dollars in federal, state and local taxes for increased costs for law enforcement, welfare and education;

(o) Costs the citizens of this state billions of dollars in increased costs for consumer goods and services, insurance premiums and medical treatment;

(p) Hinders citizens from freely using public parks, streets, schools, forest preserves, playgrounds and other public areas; and

(q) Contributes to a lower quality of life and standard of living for the citizens of this state.

(2) The Legislature finds that, premises of subsection (1) considered, any violation of the Uniform Controlled Substances Law that involves the nonconsensual use of the real or personal property of another person, whether that person is an individual or a governmental or private entity representing a collection of individuals, is so injurious to the property interests and the well-being of that person that the violation gives rise to a cause of action sounding in tort. The Legislature also finds that the delivery of a controlled substance in violation of the Uniform Controlled Substances Law to an unemancipated minor under the age of eighteen (18) is so utterly reprehensible, and shows such wanton disregard of the physical, mental and emotional well-being of that minor, that the violation also gives rise to a cause of action sounding in tort. The Legislature further finds that although the damage a person suffers through the nonconsensual use of his property to facilitate such a violation or the damage a parent or legal guardian suffers as the result of the delivery to the minor of a substance in violation of the Uniform Controlled Substances Law is often subtle and incapable of precise articulation, that damage is nonetheless real and substantial. It is, therefore, the intent of the Legislature to create a cause of action with statutorily prescribed damages for the conduct described in this act.

SECTION 25. The following words and phrases shall have the meanings ascribed herein unless the context clearly requires otherwise:

(a) "Controlled substance" means any substance scheduled in Section 41-29-113 or 41-29-115, Mississippi Code of 1972.

(b) "Counterfeit substance" means a controlled substance or the container or labeling of a controlled substance that, without authorization, bears the trademark, trade name or other identifying mark, imprint, number, device or any likeness thereof of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed or dispensed the substance.

(c) "Deliver" or "delivery" means the actual, constructive or attempted transfer or possession of a controlled substance, with or without consideration, whether or not there is an agency relationship.

(d) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly, by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling of its container, except that the term does not include:

(i) By an ultimate user, the preparation or compounding of a controlled substance for his own use;

(ii) By a practitioner or his authorized agent under his supervision, the preparation, compounding, packaging or labeling of a controlled substance:

(A) As an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or

(B) As an incident to lawful research, teaching or chemical analysis and not for sale; or

(iii) The preparation, compounding, packing or labeling of marihuana as an incident to lawful research, teaching or chemical analysis and not for sale.

(e) "Owner" means a person who has possession of or any interest whatsoever in the property involved.

(f) "Person" means an individual, a corporation, a government, a governmental subdivision or agency, a business trust, an estate, a trust, a partnership or association, or any other entity.

(g) "Production" means planting, cultivating, tending or harvesting.

(h) "Property" means real property, including things growing on, affixed to and found in land, and tangible or intangible personal property, including rights, services, privileges, interests, claims and securities.

SECTION 26. (1) A person who uses or causes to be used any property without the consent of the owner of that property to facilitate in any manner a violation of the Uniform Controlled Substances Law is liable to the owner for civil damages as set forth in this act.

(2) A person who delivers or causes to be delivered in violation of the Uniform Controlled Substances Law a controlled substance to an unemancipated minor under the age of eighteen (18) is liable to the parent or legal guardian of that minor as set forth in this act.

(3) A person who knowingly delivers or causes to be delivered a controlled or counterfeit substance that is later involved in a transaction or activity that gives rise to a cause of action under subsection (1) or (2) of this section is liable under subsection (1) or (2), as the case may be, in the same manner and amount as the person or persons whose conduct gives immediate rise to the cause of action.

SECTION 27. (1) The damages to which an owner of property is entitled under subsection (1) of Section 26 of this act shall be based on the maximum punishment prescribed under the Uniform Controlled Substances Law that involves the nonconsensual use of his property in an amount as follows:

(a) When the property is used to facilitate the commission of a misdemeanor, no less than One Thousand Dollars ($1,000.00).

(b) When the property is used to facilitate the commission of a felony punishable by not more than one (1) year, no less than Two Thousand Dollars ($2,000.00).

(c) When the property is used to facilitate the commission of a felony punishable by not more than three (3) years, no less than Three Thousand Dollars ($3,000.00).

(d) When the property is used to facilitate the commission of a felony punishable by not more than ten (10) years, no less than Ten Thousand Dollars ($10,000.00).

(e) When the property is used to facilitate the commission of a felony punishable by not more than twenty (20) years, not less than Fifteen Thousand Dollars ($15,000.00).

(f) When the property is used to facilitate the commission of a felony punishable by not more than thirty (30) years, no less than Twenty Thousand Dollars ($20,000.00).

(2) The damages to which a parent or legal guardian is entitled under subsection (2) of Section 26 of this act shall be based on the unlawful delivery under the Uniform Controlled Substances Law as follows:

(a) When the amount delivered is less than one (1) ounce of marihuana, no less than One Thousand Five Hundred Dollars ($1,500.00).

(b) When the amount delivered is less than one (1) kilogram but more than one (1) ounce of marihuana, no less than Five Thousand Dollars ($5,000.00).

(c) In the case of a controlled substance classified in Schedule I or II and punishable by up to ten (10) years, no less than Fifteen Thousand Dollars ($15,000.00).

(d) In the case of a controlled substance classified in Schedule I or II and punishable by more than ten (10) years, no less than Twenty-five Thousand Dollars ($25,000.00).

(3) In addition to the amounts set forth in subsections (1) and (2), the owner of the property bringing a cause of action under subsection (1), other than a government or a governmental subdivision or agency, or the parent or legal guardian of the minor bringing a cause of action under subsection (2), may be entitled to receive punitive damages.

(4) A party prevailing in a cause of action brought under this act is entitled to reasonable attorney's fees in addition to damages awarded under subsections (1), (2) and (3) of this section.

SECTION 28. Persons subject to liability under Section 27 of this act are jointly and severally liable.

SECTION 29. The prosecuting attorney of any government or governmental subdivision or agency may move for a stay of any proceeding brought under this act, to include all discovery, pending the completion of an investigation or prosecution of a case related to the subject matter of a suit brought under this act.

SECTION 30. The remedies provided by Sections 24 through 29 of this act are in addition to any other remedies provided by law.

SECTION 31. 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 single county districts:

Adams County;

Bolivar County;

DeSoto County;

Forrest County;

Hancock County;

Harrison County;

Hinds County;

Jackson County;

Jones County;

Lauderdale County;

Lee County;

Leflore County;

Lowndes County;

Madison County;

Pike County;

Rankin County;

Warren County;

Washington County; and

Yazoo County.

(2) There shall be an inferior court to be known as the county court in and for each of the following multicounty districts:

Alcorn and Prentiss Counties;

Coahoma and Tunica Counties;

Marshall, Benton and Tippah Counties;

Lafayette and Union Counties;

Sunflower and Humphreys Counties;

Copiah and Lincoln Counties;

Lamar and Pearl River Counties;

Simpson, Smith and Covington Counties;

Jefferson Davis, Lawrence and Marion Counties;

Itawamba and Monroe Counties;

Tate and Panola Counties;

Grenada and Montgomery Counties; and

Oktibbeha and Winston Counties.

(3)(a) Except as provided in paragraph (b) of this subsection, there shall be one (1) county court judge for each county court district.

(b) There shall be two (2) county court judges for the county court of Jackson County, three (3) county court judges for the county court of Harrison County, and three (3) county court judges for the county court of Hinds County.

SECTION 32. Section 9-9-5, Mississippi Code of 1972, is amended as follows:

9-9-5. (1) The county judge shall possess all of the qualifications of a circuit judge as prescribed by the Mississippi Constitution. * * * The county judge of a single county district must be a qualified elector of the county. The county judge of a multicounty district must be a qualified elector of any one (1) of the counties comprising the district. Except as provided in subsection (2) of this section, the county judge shall be elected by the qualified electors of the county court district at the time and in the manner as circuit judges are elected and * * * shall hold office for the same term. Vacancies in the office of county judge shall be filled in the same manner as vacancies in the office of circuit judge.

(2) In a district having more than one (1) office of county court judge, there shall be no distinction whatsoever in the powers, duties and emoluments of those offices except that the judge who has been for the longest time continuously a judge of that court or, should no judge have served longer in office than the others, the judge who has been for the longest time a member of the Mississippi Bar, shall be the senior judge. The senior judge shall have the right to assign causes and dockets and, in districts consisting of more than one (1) county, to set terms.

SECTION 33. The following shall be codified as Section 9-9-6, Mississippi Code of 1972:

9-9-6. (1) Except as provided in subsections (2) and (3) of this section, those county court judges elected to a term beginning January 1, 1995, or appointed to fill a vacancy in such a judgeship shall continue to serve in those positions until the holder's death, resignation or disqualification, or upon expiration of term.

(2) Effective January 1, 1998, that judge elected or appointed judge of the county court of Coahoma County for the term beginning January 1, 1995, shall be the judge of the county court of Coahoma and Tunica Counties for a term expiring December 31, 1998.

(3) Effective January 1, 1998, that judge elected or appointed judge of the family court of Harrison County shall be a judge of the county court of Harrison County for a term expiring December 31, 1998.

(4) Except as provided in subsection (2) of this section, the initial election of county court judges for the multicounty district county courts set forth at subsection (2) of Section 31 of Senate Bill No. 2369, 1997 Regular Session, shall be for a term to begin January 1, 1998, which term shall expire on December 31, 2002. The election shall be held on the first Tuesday after the first Monday of November 1997, and shall be otherwise conducted as is provided by law for the election of circuit judges. The terms of the county court judges so elected shall thereafter be as provided for county court judges in this chapter.

Candidates for the initial terms in the multicounty districts shall have the qualifications prescribed in Section 32 of Senate Bill No. 2369, 1997 Regular Session, and, notwithstanding the provisions of Section 23-15-977, Mississippi Code of 1972, shall file their intent to be a candidate and pay a fee of One Hundred Dollars ($100.00) with the State Board of Election Commissioners no later than September 1, 1997.

SECTION 34. Section 9-9-11, Mississippi Code of 1972, is amended as follows:

9-9-11. * * * The county court judge shall receive an annual salary payable monthly out of the State General Fund in the same amount * * * which is now or shall hereafter be provided for circuit and chancery judges of this state * * *.  * * * The office of county court judge * * * shall be a full-time position * * *.

SECTION 35. Section 25-3-25, Mississippi Code of 1972, is amended as follows:

25-3-25. (1) Except as otherwise provided in subsections (2) and (3), the salaries of sheriffs of the various counties are hereby fixed as full compensation for their services.

The annual salary for each sheriff shall be based upon the total population of his county according to the latest federal decennial census in the following categories and for the following amounts; however, no sheriff shall be paid less than the salary authorized under this section to be paid the sheriff based upon the population of the county according to the 1980 federal decennial census:

(a) For counties with a total population of more than two hundred thousand (200,000), a salary of Fifty-three Thousand Two Hundred Dollars ($53,200.00).

(b) For counties with a total population of more than one hundred thousand (100,000) and not more than two hundred thousand (200,000), a salary of Fifty-two Thousand Dollars ($52,000.00).

(c) For counties with a total population of more than forty-five thousand (45,000) and not more than one hundred thousand (100,000), a salary of Fifty Thousand Eight Hundred Dollars ($50,800.00).

(d) For counties with a total population of more than thirty-four thousand (34,000) and not more than forty-five thousand (45,000), a salary of Forty-nine Thousand Six Hundred Dollars ($49,600.00).

(e) For counties with a total population of more than twenty-five thousand (25,000) and not more than thirty-four thousand (34,000), a salary of Forty-seven Thousand Two Hundred Dollars ($47,200.00).

(f) For counties with a total population of more than fifteen thousand (15,000) and not more than twenty-five thousand (25,000), a salary of Forty-four Thousand Eight Hundred Dollars ($44,800.00).

(g) For counties with a total population of more than nine thousand five hundred (9,500) and not more than fifteen thousand (15,000), a salary of Forty-two Thousand Four Hundred Dollars ($42,400.00).

(h) For counties with a total population of more than seven thousand five hundred (7,500) and not more than nine thousand five hundred (9,500), a salary of Forty Thousand Dollars ($40,000.00).

(i) For counties with a total population of not more than seven thousand five hundred (7,500), a salary of Thirty-seven Thousand Six Hundred Dollars ($37,600.00).

(2) In addition to the salary provided for in subsection (1) of this section, the Board of Supervisors of Leflore County may, in its discretion, pay an annual supplement to the sheriff of the county in an amount not to exceed Ten Thousand Dollars ($10,000.00). The Legislature finds and declares that the annual supplement authorized by this subsection is justified in such county for the following reasons:

(a) The Mississippi Department of Corrections operates and maintains a restitution center within the county;

(b) The Mississippi Department of Corrections operates and maintains a community work center within the county;

(c) There is a resident circuit court judge in the county whose office is located at the Leflore County Courthouse;

(d) There is a resident chancery court judge in the county whose office is located at the Leflore County Courthouse;

(e) The Magistrate for the Fourth Circuit Court District is located in the county and maintains his office at the Leflore County Courthouse;

(f) The Region VI Mental Health-Mental Retardation Center, which serves a multicounty area, calls upon the sheriff to provide security for out-of-town mental patients, as well as patients from within the county;

(g) The increased activity of the Child Support Division of the Department of Human Services in enforcing in the courts parental obligations has imposed additional duties on the sheriff; and

(h) The dispatchers of the enhanced E-911 system in place in Leflore County has been placed under the direction and control of the sheriff.

(3) In addition to the salary provided for in subsection (1) of this section, the Board of Supervisors of Rankin County may, in its discretion, pay an annual supplement to the sheriff of the county in an amount not to exceed Ten Thousand Dollars ($10,000.00). The Legislature finds and declares that the annual supplement authorized by this subsection is justified in such county for the following reasons:

(a) The Mississippi Department of Corrections operates and maintains the Central Mississippi Correctional Facility within the county;

(b) The State Hospital is operated and maintained within the county at Whitfield;

(c) Hudspeth Regional Center, a facility maintained for the care and treatment of the mentally retarded, is located within the county;

(d) The Mississippi Law Enforcement Officers Training Academy is operated and maintained within the county;

(e) The State Fire Academy is operated and maintained within the county;

(f) The Pearl River Valley Water Supply District, ordinarily known as the "Reservoir District," is located within the county;

(g) The Jackson International Airport is located within the county;

(h) The patrolling of the state properties located within the county has imposed additional duties on the sheriff; and

(i) The sheriff, in addition to providing security to the nearly one hundred thousand (100,000) residents of the county, has the duty to investigate, solve and assist in the prosecution of any misdemeanor or felony committed upon any state property located in Rankin County.

(4) The salaries herein provided shall be payable monthly on the first day of each calendar month by chancery clerk's warrant drawn on the general fund of the county.

(5) The salary of a sheriff shall not be reduced during his term of office as a result of a population decrease based upon the 1990 federal decennial census.

SECTION 36. Section 23-15-975, Mississippi Code of 1972, is amended as follows:

23-15-975. As used in Sections 23-15-974 through 23-15-985 of this subarticle, the term "judicial office" includes the office of justice of the Supreme Court, judge of the Court of Appeals, circuit judge, chancellor and county court judge * * *. All such justices and judges shall be full-time positions and such justices and judges shall not engage in the practice of law before any court, administrative agency or other judicial or quasi-judicial forum except as provided by law for finalizing pending cases after election to judicial office.

SECTION 37. Section 23-15-977, Mississippi Code of 1972, is amended as follows:

23-15-977. * * * All candidates for judicial office as defined in Section 23-15-975 of this subarticle shall file their intent to be a candidate with the State Board of Election Commissioners not later than the first Friday after the first Monday in May prior to the general election for judicial office and shall pay * * * the following amounts:

(a) Candidates for Supreme Court judge and Court of Appeals, the sum of Two Hundred Dollars ($200.00).

(b) Candidates for circuit judge, county judge and chancellor, the sum of One Hundred Dollars ($100.00).

SECTION 38. Section 9-1-19, Mississippi Code of 1972, is amended as follows:

9-1-19. The judges of the Supreme, * * * circuit and county courts, and chancellors and judges of the Court of Appeals, in termtime and in vacation, may severally order the issuance of writs of habeas corpus, mandamus, certiorari, supersedeas and attachments, and grant injunctions and all other remedial writs, in all cases where the same may properly be granted according to right and justice, returnable to any court, whether the suit or proceedings be pending in the district of the judge or chancellor granting the same or not. The fiat of such judge or chancellor shall authorize the issuance of the process for a writ returnable to the proper court or before the proper officer; and all such process or writs may be granted, issued and executed on Sunday.

SECTION 39. Section 9-1-23, Mississippi Code of 1972, is amended as follows:

9-1-23. The judges of the Supreme, circuit and county courts and chancellors and judges of the Court of Appeals shall be conservators of the peace for the state, each with full power to do all acts which conservators of the peace may lawfully do; and the circuit judges, * * * chancellors and county judges shall reside within their respective districts * * *.

SECTION 40. Section 9-1-25, Mississippi Code of 1972, is amended as follows:

9-1-25. It shall not be lawful for any judge of the Supreme Court, Court of Appeals or a judge of the circuit or county court, or a chancellor to exercise the profession or employment of an attorney or counsellor at law, or to be engaged in the practice of law; and any person offending against this prohibition shall be guilty of a high misdemeanor and be removed from office; but this shall not prohibit a chancellor, * * * circuit judge, county judge or a judge of the Court of Appeals from practicing in any of the courts for a period of six (6) months from the time such judges or chancellors assume office so far as to enable them to bring to a conclusion cases actually pending when they were appointed or elected in which such chancellor or judge was then employed, nor shall a judge of the Supreme Court be hindered from appearing in the courts of the United States in any case in which he was engaged when he was appointed or elected judge.

SECTION 41. Section 9-1-35, Mississippi Code of 1972, is amended as follows:

9-1-35. The clerk of the Supreme Court and of the Court of Appeals, at the expense of the state, and the clerk of every circuit, county and chancery court, at the expense of the county, shall keep a seal, with the style of the court around the margin and the image of an eagle in the center.

SECTION 42. Section 9-1-36, Mississippi Code of 1972, is amended as follows:

9-1-36. (1) Each circuit judge, county judge and chancellor shall receive an office operating allowance for the expenses of operating the office of such judge, including retaining a law clerk, legal research, stenographic help, stationery, stamps, furniture, office equipment, telephone, office rent and other items and expenditures necessary and incident to maintaining the office of judge. Such allowance shall be paid only to the extent of actual expenses incurred by any such judge as itemized and certified by such judge to the Supreme Court and then in an amount of not more than Four Thousand Dollars ($4,000.00) per annum; however, such judge may expend sums in excess thereof from the compensation otherwise provided for his office. No part of this expense or allowance shall be used to pay an official court reporter for services rendered to said court.

(2) In addition to the amounts provided for in subsection (1), there is hereby created a separate office allowance fund for the purpose of providing support staff to judges. This fund shall be managed by the Administrative Office of Courts.

(3) Each judge who desires to employ support staff or continue to employ support staff * * * shall make application to the Administrative Office of Courts by submitting to the Administrative Office of Courts before July 1 each year a proposed personnel plan setting forth what support staff is deemed necessary. Such plan may be submitted by a single judge or by any combination of judges desiring to share support staff. In the process of the preparation of the plan, the judges, at their request, may receive advice, suggestions, recommendations and other assistance from the Administrative Office of Courts. The Administrative Office of Courts must approve the positions, job descriptions and salaries before the positions may be filled. The Administrative Office of Courts shall not approve any plan which does not first require the expenditure of the funds in the support staff fund for compensation of any of the support staff before expenditure is authorized of county funds for that purpose. Upon approval by the Administrative Office of Courts, the judge or judges may appoint the employees to the position or positions, and each employee so appointed will work at the will and pleasure of the judge or judges who appointed him but will be employees of the Administrative Office of Courts. Upon approval by the Administrative Office of Courts, the appointment of any support staff shall be evidenced by the entry of an order on the minutes of the court. When support staff is appointed jointly by two (2) or more judges, the order setting forth any appointment shall be entered on the minutes of each participating court.

(4) The Administrative Office of Courts shall develop and promulgate minimum qualifications for the certification of court administrators. Any court administrator appointed on or after October 1, 1996, shall be required to be certified by the Administrative Office of Courts.

(5) Support staff shall receive compensation pursuant to personnel policies established by the Administrative Office of Courts; however, from and after July 1, 1994, the Administrative Office of Courts shall allocate from the support staff fund an amount not to exceed Forty Thousand Dollars ($40,000.00) per fiscal year (July 1 through June 30) per judge for whom support staff is approved for the funding of support staff assigned to a judge or judges. Any employment pursuant to this subsection shall be subject to the provisions of Section 25-1-53.

The Administrative Office of Courts may approve expenditure from the fund for additional equipment for support staff appointed pursuant to this section in any year in which the allocation per judge is sufficient to meet the equipment expense after provision for the compensation of the support staff.

(6) For the purposes of this section, the following terms shall have the meaning ascribed herein unless the context clearly requires otherwise:

(a) "Judges" means circuit judges, county judges and chancellors, or any combination thereof;

(b) "Support staff" means court administrators, law clerks, legal research assistants or secretaries, or any combination thereof, but shall not mean school attendance officers;

(c) "Compensation" means the gross salary plus all amounts paid for benefits or otherwise as a result of employment or as required by employment; provided, however, that only salary earned for services rendered shall be reported and credited for Public Employees' Retirement System purposes. Amounts paid for benefits or otherwise, including reimbursement for travel expenses, shall not be reported or credited for retirement purposes.

(7) Title to all tangible property, excepting stamps, stationery and minor expendable office supplies, procured with funds authorized by this section, shall be and forever remain in the State of Mississippi to be used by the * * * judge * * * during the term of his office and thereafter by his successors.

(8) Any * * * judge * * * who did not have a primary office provided by the county on March 1, 1988, shall be allowed an additional Four Thousand Dollars ($4,000.00) per annum to defray the actual expenses incurred by such judge * * * in maintaining an office; however, any * * * judge * * * who had a primary office provided by the county on March 1, 1988, and who vacated the office space after such date for a legitimate reason, as determined by the Department of Finance and Administration, shall be allowed the additional office expense allowance provided under this subsection.

(9) The Supreme Court, through the Administrative Office of Courts, shall submit to the Department of Finance and Administration the itemized and certified expenses for office operating allowances that are directed to the court pursuant to this section.

(10) The Supreme Court, through the Administrative Office of Courts, shall have the power to adopt rules and regulations regarding the administration of the office operating allowance authorized pursuant to this section.

SECTION 43. Section 9-9-19, Mississippi Code of 1972, is amended as follows:

9-9-19.  * * * There shall be a court to be styled "The County Court of the County of _________" in each county of a county court district as determined to be necessary by the senior county court judge; but in counties where there are two (2) judicial districts and in multicounty court districts, the county court shall be convened in each individual court district and in each county not less than four (4) times each year.

SECTION 44. Section 9-9-21, Mississippi Code of 1972, is amended as follows:

9-9-21. (1) The jurisdiction of the county court shall be as follows: It shall have jurisdiction concurrent with the justice court in all matters, civil and criminal of which the justice court has jurisdiction; and it shall have jurisdiction concurrent with the circuit and chancery courts in all matters of law and equity wherein the amount of value of the thing in controversy shall not exceed, exclusive of costs and interest, the sum of Fifty Thousand Dollars ($50,000.00), and the jurisdiction of the county court shall not be affected by any setoff, counterclaim or cross-bill in such actions where the amount sought to be recovered in such setoff, counterclaim or cross-bill exceeds Fifty Thousand Dollars ($50,000.00). Provided, however, the party filing such setoff, counterclaim or cross-bill which exceeds Fifty Thousand Dollars ($50,000.00) shall give notice to the opposite party or parties as provided in Section 13-3-83, and on motion of all parties filed within twenty (20) days after the filing of such setoff, counterclaim or cross-bill, the county court shall transfer the case to the circuit or chancery court wherein the county court is situated and which would otherwise have jurisdiction. It shall have exclusively the jurisdiction heretofore exercised by the justice court in the following matters and causes: namely, eminent domain, the partition of personal property, and actions of unlawful entry and detainer, provided that the actions of eminent domain and unlawful entry and detainer may be returnable and triable before the judge of said court in vacation.

(2) In multicounty district county courts, it shall be lawful for such court sitting in one county to act upon any and all matters of which it has jurisdiction as provided by law arising in the other county under the jurisdiction of said court.

SECTION 45. Section 9-9-23, Mississippi Code of 1972, is amended as follows:

9-9-23. The county judge shall have power to issue writs, and to try matters, of habeas corpus on application to him therefor, or when made returnable before him by a superior judge. He shall also have the power to order the issuance of writs of certiorari, supersedeas, attachments, and other remedial writs in all cases pending in, or within the jurisdiction of, his court. He shall have the authority to issue search warrants in his district returnable to his own court or to any court of a justice court judge within his district in the same manner as is provided by law for the issuance of search warrants by justice court judges. In all cases pending in, or within the jurisdiction of, his court, he shall have, in termtime, and in vacation, the power to order, do or determine to the same extent and in the same manner as a justice court judge or a circuit judge or a chancellor could do in termtime or in vacation in such cases. But he shall not have original power to issue writs of injunction, or other remedial writs in equity or in law except in those cases hereinabove specified as being within his jurisdiction: Provided, however, that when any judge or chancellor authorized to issue such writs of injunction, or any other equitable or legal remedial writs hereinabove reserved, shall so direct in writing the hearing of application therefor may be by him referred to the county judge, in which event the said direction of the superior judge shall vest in the said county judge all authority to take such action on said application as the said superior judge could have taken under the right and the law, had the said application been at all times before the said superior judge. The jurisdiction authorized under the foregoing proviso shall cease upon the denying or granting of the application.

SECTION 46. Section 43-21-107, Mississippi Code of 1972, is amended as follows:

43-21-107. * * *

(1) A youth court division is hereby created as a division of the county court of each county now or hereafter having a county court * * *, and the county judge shall be the judge of the youth court unless another judge is named by the county judge as provided by this chapter.

(2) A youth court division is hereby created as a division of the chancery court of each county in which no county court * * * is maintained and any chancellor within a chancery court district shall be the judge of the youth court of that county within such chancery court district unless another judge is named by the senior chancellor of the county or chancery court district as provided by this chapter.

SECTION 47. Section 43-21-111, Mississippi Code of 1972, is amended as follows:

43-21-111. (1) In any county not having a county court, * * * the judge may appoint as provided in Section 43-21-123 youth court referees who shall be attorneys at law and members of the bar in good standing to act in cases concerning children within the jurisdiction of the youth court, and a youth court referee shall hold office until removed by the judge. The requirement that youth court referees appointed pursuant to this subsection be attorneys shall apply only to youth court referees who were not first appointed youth court referees prior to July 1, 1991.

(2) Any referee appointed pursuant to subsection (1) of this section shall be required to receive judicial training from the Mississippi Judicial College and shall be required to receive regular annual continuing education in the field of juvenile justice. The Mississippi Judicial College shall determine the amount of judicial training and continuing education which shall be satisfactory to fulfill the requirements of this section, and shall report attendance to the Administrative Office of Courts. The Administrative Office of Courts shall maintain records of compliance with the continuing education requirements and shall not disburse funds to any county for the budget of a youth court referee who is not in compliance with the judicial training requirements.

(3) The judge may direct that hearings in any case or class of cases be conducted in the first instance by the referee. The judge may also delegate his own administrative responsibilities to the referee.

(4) All hearings authorized to be heard by a referee shall proceed in the same manner as hearings before the youth court judge. A referee shall possess all powers and perform all the duties of the youth court judge in the hearings authorized to be heard by the referee.

(5) An order entered by the referee shall be mailed immediately to all parties and their counsel. A rehearing by the judge shall be allowed if any party files a written motion for a rehearing or on the court's own motion within three (3) days after notice of referee's order. The youth court may enlarge the time for filing a motion for a rehearing for good cause shown. Any rehearing shall be upon the record of the hearing before the referee, but additional evidence may be admitted in the discretion of the judge. A motion for a rehearing shall not act as a supersedeas of the referee's order, unless the judge shall so order.

(6) The salary for the referee shall be based on a formula established by the Administrative Office of Courts and shall be paid by the county out of any available funds budgeted for the youth court by the board of supervisors.

(7) Upon request of the boards of supervisors of two (2) or more counties, the judge of the chancery court may appoint a suitable person as referee to two (2) or more counties within his district, and the payment of salary may be divided in such ratio as may be agreed upon by the boards of supervisors.

(8) Each youth court referee shall annually make application to the Administrative Office of Courts for available referee support funds by submitting to the Administrative Office of Courts a budget for the operation of the youth court. If application is being made for a youth court serving more than one (1) county, the application shall include copies of the necessary resolutions of the boards of supervisors of those counties. The Administrative Office of Courts shall review the applications and shall disburse available funds appropriated to it by the Legislature in accordance with rules and regulations approved by the Chief Justice of the Supreme Court.

SECTION 48. Section 43-21-117, Mississippi Code of 1972, is amended as follows:

43-21-117. (1) The youth court prosecutor shall represent the petitioner in all proceedings in the youth court.

(2) The county prosecuting attorney shall serve as the youth court prosecutor; however, if funds are available pursuant to Section 43-21-123, the court may designate, as provided in subsection (3) of this section, a prosecutor or prosecutors in lieu of or in addition to the county prosecuting attorney. * * * The district attorney may participate in transfer proceedings.

(3) The judge may designate as provided in Section 43-21-123 some suitable attorney or attorneys to serve as youth court prosecutor or prosecutors in lieu of or in conjunction with the youth court prosecutor provided in subsection (2) of this section. The designated youth court prosecutor or prosecutors shall be paid a fee or salary fixed on order of the judge as provided in Section 43-21-123 and shall be paid by the county out of any available funds budgeted for the youth court by the board of supervisors * * *.

SECTION 49. Section 43-21-123, Mississippi Code of 1972, is amended as follows:

43-21-123. Except for expenses provided by state funds and/or other monies, the board of supervisors * * * shall adequately provide funds for the operation of the youth court division of the chancery court in conjunction with the regular chancery court budget, or the county * * * courts where said courts are constituted. In preparation for said funding, on an annual basis at the time requested, the youth court judge or administrator shall prepare and submit to the board of supervisors * * * an annual budget which will identify the number, staff position, title and amount of annual or monthly compensation of each position as well as provide for other expenditures necessary to the functioning and operation of the youth court. When the budget of the youth court or youth court judge is approved by the board of supervisors * * *, then the youth court or youth court judge may employ such persons as provided in the budget from time to time.

The board of supervisors of any county in which there is located a youth court * * * is authorized to reimburse the youth court judges and other youth court employees or personnel for reasonable travel and expenses incurred in the performance of their duties and in attending educational meetings offering professional training to such persons as budgeted.

SECTION 50. Section 9-13-17, Mississippi Code of 1972, is amended as follows:

9-13-17. The circuit judge, chancellor * * * or county judge may, by an order spread upon the minutes and made a part of the records of the court, appoint an additional court reporter for a term or part of a term whose duties, qualifications and compensation shall be the same as is now provided by law for official court reporters. The additional court reporter shall be subject to the control of the judge or chancellor, as is now provided by law for official court reporters, and the judge or chancellor shall have the additional power to terminate the appointment of such additional court reporter, whenever in his opinion the necessity for such an additional court reporter ceases to exist, by placing upon the minutes of the court an order to that effect. The regular court reporter shall not draw any compensation while the assistant court reporter alone is serving; however, in the event the assistant court reporter is serving because of the illness of the regular court reporter, the court may authorize payment of said assistant court reporter from the Administrative Office of Courts without diminution of the salary of the regular court reporter, for a period not to exceed forty-five (45) days in any one (1) calendar year. However, in any circuit, chancery or county * * * court district within the State of Mississippi, if the judge or chancellor shall determine that in order to relieve the continuously crowded docket in such district, or for other good cause shown, the appointment of an additional court reporter is necessary for the proper administration of justice, he may, with the advice and consent of the board of supervisors if the court district is composed of a single county and with the advice and consent of at least one-half (1/2) of the boards of supervisors if the court district is composed of more than one (1) county, by an order spread upon the minutes and made a part of the records of the court, appoint an additional court reporter. The additional court reporter shall serve at the will and pleasure of the judge or chancellor, may be a resident of any county of the state, and shall be paid a salary designated by the judge or chancellor not to exceed the salary authorized by Section 9-13-19. The salary of the additional court reporter shall be paid by the Administrative Office of Courts, as provided in Section 9-13-19; and mileage shall be paid to the additional court reporter by the county as provided in the same section. The office of such additional court reporter appointed under this section shall not be abolished or compensation reduced during the term of office of the appointing judge or chancellor without the consent and approval of the appointing judge or chancellor.

SECTION 51. Section 9-13-61, Mississippi Code of 1972, is amended as follows:

9-13-61. There shall be an official court reporter for each county * * * court judge in the State of Mississippi, to be appointed by such judge, for the purpose of performing the necessary and required stenographic work of the court or division thereof over which the appointing judge is presiding, said work to be performed under the direction of such judge and in the same manner and to the same effect as is provided in the chapter on court reporting.

 * * * The reporters of said courts shall * * * receive a * * * salary equal to that of the reporters of the circuit and chancery courts * * * to be paid * * * by the Administrative Office of Courts * * *.

SECTION 52. Section 9-9-3, Mississippi Code of 1972, which provides for the establishment of a county court by agreement between two (2) or more counties, is repealed.

SECTION 53. Section 9-9-9, Mississippi Code of 1972, which restricts the practice of law by a county court judge, is repealed.

SECTION 54. Section 9-9-13, Mississippi Code of 1972, which authorizes the governing body of certain municipalities to supplement the salaries of county judicial officers, is repealed.

SECTION 55. Section 9-9-14, Mississippi Code of 1972, which authorizes two (2) county judgeships for Harrison County, is repealed.

SECTION 56. Section 9-9-15, Mississippi Code of 1972, which authorizes three (3) county judgeships for Hinds County, is repealed.

SECTION 57. Section 9-9-16, Mississippi Code of 1972, which authorizes two (2) county judgeships for Washington County, is repealed.

SECTION 58. Section 9-9-17, Mississippi Code of 1972, which authorizes two (2) county judgeships for Jackson County, is repealed.

SECTION 59. Section 9-9-37, Mississippi Code of 1972, which provides for the establishment or abolition of county courts, is repealed.

SECTION 60. Section 9-9-39, Mississippi Code of 1972, which provides for transfer of pending matters in any county court that may be abolished, is repealed.

SECTION 61. Section 9-9-41, Mississippi Code of 1972, which provides for the abolition of county courts in certain counties, is repealed.

SECTION 62. Section 9-9-43, Mississippi Code of 1972, which requires legislative action or election for abolition of county courts in certain counties, is repealed.

SECTION 63. Section 9-9-45, Mississippi Code of 1972, which requires the establishment or abolition of county courts under certain circumstances, is repealed.

SECTION 64. All family courts are abolished from and after January 1, 1998. All matters pending in any family court abolished shall be transferred to the county court of the county wherein the family court was located without the necessity for any motion or order of court for such transfer.

SECTION 65. Sections 43-23-1, 43-23-3, 43-23-5, 43-23-7, 43-23-9, 43-23-11, 43-23-13, 43-23-15, 43-23-17, 43-23-19, 43-23-21, 43-23-23, 43-23-25, 43-23-27, 43-23-29, 43-23-31, 43-23-33, 43-23-35, 43-23-37, 43-23-39, 43-23-41, 43-23-43, 43-23-45, 43-23-47, 43-23-49, 43-23-51, 43-23-53 and 43-23-55, Mississippi Code of 1972, which provide for the establishment and operation of family courts, are repealed from and after January 1, 1998.

SECTION 66. (1) The Legislature finds that:

(a) Students who are serious behavior problems in school become juvenile and adult offenders;

(b) A major contributing factor to this problem is a lack of, or no positive parental involvement with their children and school personnel;

(c) Growing numbers of children live in conditions that place them at risk of school failure;

(d) The provisions of school and support services to these children and their families by public and nonprofit agencies is fragmented and does not prepare these children to learn effectively and have a successful school experience;

(e) The lack of collaboration among schools, families, local agencies and other groups involved in family support and youth development activities results in the inefficient and ineffective use of resources to meet the needs of these children;

(f) Schools are dedicating an increasing amount of their time and resources to responding to disruptive and violent behavior rather than fulfilling their mission to challenge with high expectations each child to learn, to achieve and to fulfill his or her potential;

(g) The relationships between school failure, disruptive and violent behavior in schools, unemployment and criminal behavior are clear;

(h) Responding to the needs of students who are at risk of school failure and providing for a safe and secure learning environment are cost-effective because it enables the state to substitute preventive measures for expensive crisis intervention; and

(i) Differing local needs and local resources necessitate the development of locally generated, community-based plans that coordinate and leverage existing resources, not the imposition of uniform and inflexible, state-mandated plans.

(2) There is hereby established within the State Department of Education the Motivating Parents and Children (M.P.A.C.) pilot program. The purpose of the program is (a) to provide grants to certain local school districts for innovative local programs that target juvenile crime by coordinating school and support services to children-at-risk and their families through required parental involvement; (b) enhance educational attainment through coordinated services to respond to the needs of students who are at risk of school failure and at risk of participation in juvenile crime; and (c) provide a safe and secure learning environment.

(3) The Motivating Parents and Children (M.P.A.C.) pilot program described in this section shall be conducted in six (6) school districts selected by the State Superintendent of Education with the approval of the State Board of Education, which school districts shall represent the different geographical areas, population levels and economic levels of the state. Three (3) districts shall be selected from urban areas of the state and three (3) districts shall be selected from rural areas of the state. The department shall give preference, if possible, to school districts that express a desire to participate in the pilot program. The program shall apply to all compulsory-school-age children residing in the pilot school districts and their custodial or non-custodial parents or legal guardians.

(4) The State Department of Education shall develop and implement the Motivating Parents and Children (M.P.A.C.) pilot program. The State Department of Education shall for each pilot school district:

(a) Employ a District Parent Involvement/Social Service Specialist. This person will be responsible for planning and coordinating activities for parents of school children, and the delivery of integrated and comprehensive services to children and their families.

(b) Employ three (3) parent coordinators, one (1) each to be assigned to the high school, middle school and elementary school within the district.

(c) Authorize the parent involvement and parent coordinator specialists to develop and implement a School-based Family Resource Center within the district, utilizing any of the following models:

(i) School-based Family Resource Center Model -- A School-based Family Resource Center is a school-based center that coordinates the delivery of comprehensive and integrated services in or near a school to school-age children and their families. Services are provided through broad-based collaboration among governmental and nongovernmental agencies and persons reflective of the racial and socioeconomic diversity in a community. Services are designed to (A) prepare children to attain academic and social success; (B) enhance the ability of families to become advocates for and supporters of education for the children in their families; (C) provide parenting classes to the parents of children who are at risk of school failure; (D) provide adult literacy and employability skills classes for parents; (E) serve as a referral source for children and their families to ensure that needed services are accessed by the family; and (F) otherwise enhance the ability of families to function as nurturing and effective family units.

(ii) After-school Program Model -- An After-school Program is a program that provides high quality educationally appropriate and recreational activities to students after the regular school day and during summer and vacation periods. The program may include parent's day and field trips for children and parents together. The program may be targeted toward providing academic support for students who perform significantly below their age-level peers or for students with learning disabilities. Local school boards may permit teachers to adjust their work schedules so they can work in the program.

(iii) Cities in Schools Program Model -- A Cities in Schools Program is a community partnership among public agencies, private nonprofit agencies, volunteer organizations and local businesses that delivers services to students who are at risk of dropping out of school or who display discipline problems. Services offered are based on an assessment of local needs and resources.

(iv) Alternative Learning Program Model -- An Alternative Learning Program is a program that provides individualized programs outside of a standard classroom setting in a caring atmosphere in which students learn the skills necessary to redirect their lives and return to a standard classroom setting. The program should maintain state standards and may include smaller classes and lower student/teacher ratios, school-to-work transition activities, modification of curriculum and instruction to meet individual needs, flexible scheduling and necessary academic, vocational and support services for students and their families. Services may also include appropriate measures to correct disruptive behavior, teach responsibility, good citizenship and respect for rules and authority.

The goals of the alternative school programs should be to (A) reduce the school dropout rate through improved student attendance, behavior and educational achievement; and (B) increase successful school-to-work transitions for students through educationally linked job internships, mentored job shadowing experiences, and the development of personalized education and career plans for participating students.

(v) Safe Schools Program Model -- A Safe Schools Program is a locally designed program for making schools safe for students and school employees. The program may involve peer mediation and conflict resolution activities.

(d) Authorize the School-based Family Resource Center to require parents or guardians to spend a day in school with their child when he/she violates a major rule. Such action would be taken when the rule is major but not serious enough to warrant expulsion, in order to invite parental intervention before a child is suspended or expelled. The parent is requested to attend class with their child for a full day or the child will be suspended.

(e) Require any child in a pilot school district who is suspended to have his driver's license suspended for one (1) calendar year by the Mississippi Department of Public Safety.

(f) Create an incentive program for children whose parents attend meetings of PTA/PTO's and volunteer a minimum of ten (10) hours in the classroom. Examples of the incentive program are: (i) the issuance of an activity card that grants the child full admission to all school-sponsored activities such as football and basketball games; (ii) exemption from certain classroom or laboratory fees as determined feasible by the local school board.

(g) Create a program using volunteers to provide child care services for parents who volunteer and attend after-school or evening programs.

(h) Create a summer employability skills/on-the-job training (OJT) fund. These funds may be expended by local school boards to provide job opportunities for juniors and seniors in high school. Employers and nonprofit organizations who participate in "Adopt-a-School" programs may qualify to employ such students during the summer. Wages up to Seven Dollars ($7.00) per hour will be paid from the fund to eligible students who work for the employers or nonprofit organizations who are currently committed to participating in the "Adopt-a-School" program within the next school year.

(i) Require the pilot school districts to conduct a family needs assessment (FNA) once every three (3) years. The assessment should be coordinated with other community organizations such as Head Start to encourage collaboration and lessen duplication.

(5)(a) A local school district may apply for a Motivating Parents and Children (M.P.A.C.) pilot program grant, or up to three (3) adjacent local school districts may apply jointly for a grant.

(b) The application shall include the following information:

(i) Data on the incidence of juvenile crime in the geographical area to be served by the grant. Sources of data may include the youth court in the county, the district attorney and local law enforcement officials.

(ii) An assessment of local resources from all sources for, and local deficiencies with regard to, responding to the needs of children who live in conditions that place them at risk of school failure.

(iii) A detailed plan for removing barriers to success in school that exist for these children and coordinating services for parents and children as authorized under this section.

(6) In reviewing grant applications, the State Superintendent of Education shall consider the prevalence of under-served students and families in low-income neighborhoods and in isolated rural areas in the area for which the grant is requested, the severity of the local problems with regard to children at risk of school failure and with regard to school discipline, whether the proposed program meets state standards, and the likelihood that the locally designed plan will deal with the problems successfully. During the review process, the superintendent may recommend modifications in grant applications to applicants. The superintendent shall submit recommendations to the State Board of Education on which applicants should receive grants and the amount they should receive.

In selecting grant recipients, the State Board of Education shall consider (a) the recommendations of the superintendent, (b) the geographic location of the applicants, and (c) the demographic profile of the applicants. After considering these factors, the State Board of Education shall give priority to grant applications that will serve areas that have a high incidence of juvenile crime and that propose different approaches that can serve as models for other communities. The State Board of Education shall select the grant recipients prior to July 1, 1997, for local programs that will be in operation at the beginning of the 1997-1998 school year, and prior to July 1 and thereafter for the appropriate school year.

A grant recipient may request a modification of a grant or additional funds to implement a grant through the grant application process. The request shall be reviewed and accepted or rejected in the same manner as a grant application.

(7) The State Department of Education shall administer the grant program under the direction of the State Board of Education. The State Department of Education shall provide technical assistance to grant applicants and recipients.

(8) All agencies of the state and local government, including departments of human services, health departments, local mental health, mental retardation, court personnel, law enforcement agencies and cities and counties shall cooperate with the State Department of Education and local school boards that receive grants in coordinating the M.P.A.C. program at the state level and in implementing the M.P.A.C. program at the local level.

(9) The Department of Education shall develop and implement an evaluation system, under the direction of the State Board of Education, that will assess the efficiency and effectiveness of the M.P.A.C. program.

SECTION 67. Section 37-11-53, Mississippi Code of 1972, is amended as follows:

37-11-53. (1) A copy of the school district's discipline plan shall be distributed to each student enrolled in the district and the parents, guardian or custodian of such student shall sign a statement verifying that they have been given notice of the discipline policies of their respective school district. The school board shall have its official discipline plan legally audited on an annual basis to insure that its policies and procedures are currently in compliance with applicable statutes, case law and state and federal constitutional provisions.

(2) All discipline plans of school districts shall include, but not be limited to, the following:

(a) A parent, guardian or custodian of a compulsory-school-age child enrolled in a public school district shall be responsible financially for his or her minor child's destructive acts against school property or persons;

(b) A parent, guardian or custodian of a compulsory-school-age child enrolled in a public school district may be requested to appear at school by an appropriate school official for a conference regarding acts of the child specified in paragraph (a) of this subsection, or for any other discipline conference regarding the acts of the child;

(c) Any parent, guardian or custodian of a compulsory-school-age child enrolled in a school district who refuses or willfully fails to attend such discipline conference specified in paragraph (b) of this section may be summoned by proper notification by the superintendent of schools and be required to attend such discipline conference; * * *

(d) A parent, guardian or custodian of a compulsory-school-age child enrolled in a public school district shall be responsible for any criminal fines brought against such student for unlawful activity as defined in Section 37-11-29 occurring on school grounds; and

(e) A parent, guardian or custodian of a compulsory-school-age child enrolled in a public school in a school district participating in a Motivating Parents and Children (M.P.A.C.) grant program as provided in Senate Bill No. 2369, 1997 Regular Session, who has been summoned by proper notification by an appropriate school official to attend a conference, school meeting, after-school meeting or class regarding the acts of such child or parent specified under said program shall be required under this provision to attend such conference, school meeting, after-school meeting or class.

(3) Any parent, guardian or custodian of a compulsory-school-age child who (a) fails to attend a discipline conference to which such parent, guardian or custodian has been summoned under the provisions of this section, or (b) refuses or willfully fails to perform any other duties imposed upon him or her under the provisions of this section, shall be guilty of a misdemeanor and, upon conviction, shall be fined not to exceed Two Hundred Fifty Dollars ($250.00).

(4) Any public school district shall be entitled to recover damages in an amount not to exceed Twenty Thousand Dollars ($20,000.00), plus necessary court costs, from the parents of any minor under the age of eighteen (18) years and over the age of six (6) years, who maliciously and willfully damages or destroys property belonging to such school district. However, this section shall not apply to parents whose parental control of such child has been removed by court order or decree. The action authorized in this section shall be in addition to all other actions which the school district is entitled to maintain and nothing in this section shall preclude recovery in a greater amount from the minor or from a person, including the parents, for damages to which such minor or other person would otherwise be liable.

SECTION 68. Section 63-1-10, Mississippi Code of 1972, is amended as follows:

63-1-10. (1) Any applicant for a license under eighteen (18) years of age must submit with the application documentation from the appropriate authority that the applicant is in compliance with Section 63-1-9(g). The appropriate authority shall be the school principal of a public or private school or his designee, or, in the case of a home study program, the parent, or the adult education supervisor of the General Education Development Program or his designee. Documentation of the applicant's enrollment status shall be on a form designed by the Department of Education as approved by the Department of Public Safety in a manner that insures the authenticity of the form and any information or signature contained thereon. Any student who is eligible to apply for a license and who is properly enrolled in a school under the jurisdiction of the authority is entitled to receive the documentation for presentation to the Department of Public Safety to accompany the application. The forms required under this section to provide documentation shall be made available to public schools, private schools approved by the State Board of Elementary and Secondary Education, and adult education supervisors at school board offices and shall be made available to others through the Department of Public Safety.

(2) Whenever an applicant who is under eighteen (18) years of age is unable to attend any school program due to acceptable circumstances, the appropriate authority where the student last attended shall provide the student with documentation to present to the department to excuse such student from the provisions of Section 63-1-9(g). The appropriate authority shall be the sole judge of whether withdrawal of a student or failure of a student to attend is due to acceptable circumstances. Suspension or expulsion from school or incarceration in a correctional institution is not an acceptable circumstance for a person being unable to attend school.

(3) Any person denied a license for failure to satisfy the education requirements of Section 63-1-9(g) shall have the right to file a request within thirty (30) days thereafter for a hearing before the Department of Public Safety to determine whether the person is entitled to a license or is subject to the cancellation of his license under the provisions of this section. The hearing shall be held within ten (10) days of the receipt by the department of the request. Appeal from the decision of the department may be taken under Section 63-1-31.

(4) Whenever a licensee under the age of eighteen (18) who resides in a school district participating in the Motivating Parents and Children (M.P.A.C.) program provided under Senate Bill No. 2369, 1997 Regular Session, and who has not attained a diploma or other certificate of graduation as prescribed in Section 63-1-19(2) withdraws from his educational instruction, the attendance counselor, parent, guardian or school administrator designated by the State Board of Education to verify the applicant's educational status under the provisions of said program may, in his discretion, immediately notify the Department of Public Safety of such withdrawal. Within five (5) days of receipt of such notice, the Department of Public Safety shall send notice to the licensee that the license shall automatically be suspended under the provisions of Section 63-1-53 on the thirtieth day following the date the notice was sent unless documentation of compliance with the provisions of subsection (2) of this section is received by the department before such time. For the purposes of this subsection, withdrawal shall be defined as more than ten (10) consecutive unexcused and unlawful absences during a single semester for school-age applicants under the age of eighteen (18) attending school.

SECTION 69. Section 63-1-46, Mississippi Code of 1972, is amended as follows:

63-1-46. (1) A fee of Twenty-five Dollars ($25.00) shall be charged for the reinstatement of a license issued pursuant to this article to every person whose license has been validly suspended, revoked or cancelled, except those persons whose licenses were suspended under Section 63-1-53(1)(k). This fee shall be in addition to the fee provided for in Section 63-1-43, Mississippi Code of 1972.

(2) The funds received under the provisions of subsection (1) of this section shall be deposited into the State General Fund in accordance with Section 45-1-23, Mississippi Code of 1972.

(3) In addition to the fee provided for in subsection (1) of this section, an additional fee of Seventy-five Dollars ($75.00) shall be charged for the reinstatement of a license issued pursuant to this article to every person whose license has been suspended or revoked under the provisions of the Mississippi Implied Consent Law or as a result of a conviction of a violation of the Uniform Controlled Substances Law under the provisions of Section 63-1-71.

(4) The funds received under the provisions of subsection (3) of this section shall be placed in a special fund hereby created in the State Treasury. Monies in such special fund may be expended solely to contribute to the Disability and Relief Fund for members of the Mississippi Highway Safety Patrol such amounts as are necessary to make sworn agents of the Mississippi Bureau of Narcotics who were employed by such bureau prior to December 1, 1990, and who were subsequently employed as enforcement troopers by the Department of Public Safety, full members of the retirement system for the Mississippi Highway Safety Patrol with full credit for the time they were employed as sworn agents for the Mississippi Bureau of Narcotics. The Board of Trustees of the Public Employees' Retirement System shall certify to the State Treasurer the amounts necessary for the purposes described above. The State Treasurer shall monthly transfer from the special fund created pursuant to this subsection the amounts deposited in such special fund to the Disability and Relief Fund for members of the Mississippi Highway Safety Patrol until such time as the certified amount has been transferred. At such time as the certified amount has been transferred, the State Treasurer shall transfer any funds remaining in the special fund created pursuant to this subsection to the State General Fund and shall then dissolve such special fund. This subsection (4) of Section 63-1-46 shall stand repealed at such time when the State Treasurer transfers funds and dissolves the special fund account in accordance with the provisions of this subsection.

(5) The procedure for the reinstatement of a license issued pursuant to this article that has been suspended for being out of compliance with an order for support, as defined in Section 93-11-153, and the payment of any fees for the reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.

SECTION 70. Section 63-1-53, Mississippi Code of 1972, is amended as follows:

63-1-53. (1) Upon failure of any person to respond timely and properly to a summons or citation charging such person with any violation of this title, or upon failure of any person to pay timely any fine, fee or assessment levied as a result of any violation of this title, the clerk of the court shall give written notice to such person by United States first class mail at his last known address advising such person that if within ten (10) days after such notice is deposited in the mail the person has not properly responded to the summons or citation or has not paid the entire amount of all fines, fees and assessments levied, then the court will give notice thereof to the Commissioner of Public Safety and the commissioner may suspend the driver's license of such person. The actual cost incurred by the court in the giving of such notice may be added to any other court costs assessed in such case. If within ten (10) days after the notice is given in accordance with this subsection such person has not satisfactorily disposed of the matter pending before the court, then the clerk of the court immediately shall mail a copy of the abstract of the court record, along with a certified copy of the notice given under this subsection, to the Commissioner of Public Safety, and the commissioner may suspend the driver's license of such person as authorized under subsections (2) and (3) of this section.

(2) The commissioner is hereby authorized to suspend the license of an operator without preliminary hearing upon a showing by his records or other sufficient evidence that the licensee:

(a) Has committed an offense for which mandatory revocation of license is required upon conviction except under the provisions of the Mississippi Implied Consent Law;

(b) Has been involved as a driver in any accident resulting in the death or personal injury of another or serious property damage;

(c) Is an habitually reckless or negligent driver of a motor vehicle;

(d) Has been convicted with such frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;

(e) Is incompetent to drive a motor vehicle;

(f) Has permitted an unlawful or fraudulent use of such license;

(g) Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation;

(h) Has failed to pay any fine, fee or other assessment levied as a result of any violation of this title;

(i) Has failed to respond to a summons or citation which charged a violation of this title; * * *

(j) Has committed a violation for which mandatory revocation of license is required upon conviction, entering a plea of nolo contendere to, or adjudication of delinquency, pursuant to the provisions of subsection (1) of Section 63-1-71; or

(k) Is under the age of eighteen (18) and has withdrawn from his educational instruction program pursuant to the provisions of Section 63-1-10(4).

(3) Notice that a person's license is suspended or will be suspended under subsection (2) of this section shall be given by the commissioner in the manner and at the time provided for under Section 63-1-52, and upon such person's request, he shall be afforded an opportunity for a hearing as early as practical within not to exceed twenty (20) days after receipt of such request in the county wherein the licensee resides unless the department and the licensee agree that such hearing may be held in some other county. Upon such hearing the commissioner, or his duly authorized agent, may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. Upon such hearing the commissioner shall either rescind any order of suspension or, good cause appearing therefor, may extend any suspension of such license or revoke such license.

SECTION 71. All new programs authorized in this act are subject to the availability of funds specifically appropriated therefor by the Legislature.

SECTION 72. The Attorney General of the State of Mississippi is hereby directed to submit appropriate sections of 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 73. Section 1 of this act shall take effect and be in force from and after its passage and the remaining sections of this act shall take effect and be in force from and after July 1, 1997; provided that Sections 31 through 65 of 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, or on January 1, 1998, whichever is later.