1998 Regular Session

To: Fees, Salaries and Administration

By: Senator(s) Dearing

Senate Bill 2218



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

1-1-11. The sets of the compilation of the Mississippi Code of 1972, so purchased by the state when received, shall be distributed by the Office of the Secretary of State as follows:

Fifty-six (56) sets to the Mississippi House of Representatives and forty (40) sets to the Mississippi Senate for the use of the Legislative Reference Bureau, legislative services offices, staffs and committees thereof.

Ten (10) sets to the Governor's Office; nine (9) sets to the Secretary of State; and twenty (20) sets to the Auditor's Office.

One (1) set to each of the following: the Lieutenant Governor; each member of the Legislature; the Treasurer; each district attorney; each county attorney; each judge of the Court of Appeals and each judge of the Supreme, circuit, chancery, county, family, justice and municipal courts; each Mississippi Senator and Mississippi Representative in Congress; State Superintendent of Education; Director of the Department of Finance and Administration; six (6) sets to the Performance Evaluation and Expenditure Review (PEER) Committee, two (2) sets to the Director of the Legislative Budget Office; the Commissioner of Agriculture and Commerce; each Mississippi Transportation Commissioner; six (6) sets to the Department of Corrections; the Insurance Commissioner; the Clerk of the Supreme Court; the State Board of Health; each circuit clerk; each chancery clerk in the state for the use of the chancery clerk and the board of supervisors; each sheriff in the state for the use of his office and the county officers; and each county for the county library (an additional set for each of the last three (3) to be given in counties having two (2) judicial districts).

Two (2) sets to the Department of Archives and History; two (2) sets to the State Soil and Water Conservation Commission; sixty-eight (68) sets to the Attorney General's Office; six (6) sets to the Public Service Commission; four (4) sets to the Public Utilities Staff; thirty-six (36) sets to the State Tax Commission; two (2) sets to the State Personnel Board; six (6) sets to the State Law Library; one (1) set to the Library of Congress; ten (10) sets to the University of Mississippi Law School; one (1) set each to the Mississippi School for the Deaf and the Mississippi School for the Blind; one (1) set each to the University of Mississippi, Mississippi State University, Mississippi University for Women, University of Southern Mississippi, Delta State University, Alcorn State University, Jackson State University, Mississippi Valley State University, and the Board of Trustees of State Institutions of Higher Learning; and one (1) set to the Supreme Court judges' conference room. In furtherance of the State Library's reciprocal program of code exchange with libraries of the several states, the Secretary of State shall, at the direction and only upon the written request of the State Librarian, make distribution to such librarian.

One (1) set to each state junior or community college; three (3) sets to the Department of Wildlife, Fisheries and Parks; two (2) sets to the Department of Environmental Quality; and seven (7) sets to the Department of Human Services. One (1) set to each of the following: State Textbook Procurement Commission; University Medical Center; State Library Commission; Department of Agriculture and Commerce; Forestry Commission; and seventeen (17) sets to the Department of Public Safety. Also, one (1) set to each of the following: Adjutant General, Department of Economic and Community Development, Department of Banking and Consumer Finance, Bureau of Building, Grounds and Real Property Management, the State Educational Finance Commission, the Mississippi Board of Vocational and Technical Education, Division of Medicaid, State Board of Mental Health, and Department of Youth Services.

Three (3) sets to each school district for the use of the superintendent of schools, the school board attorney and the school board president of each such district.

The Secretary of State is authorized to distribute additional sets of the Mississippi Code, not to exceed three (3) sets, to the office of each district attorney for the use of his assistants.

The Secretary of State shall provide to the Mississippi House of Representatives and the Mississippi Senate the annual supplements to the Mississippi Code of 1972 for each set of the Code maintained by the House and Senate.

The set of the Mississippi Code of 1972 to be provided each member of the Legislature shall be provided unless specifically waived by such legislator in writing.

An elected or appointed officeholder in the State of Mississippi, except for a member of the Legislature, shall deliver to his successor in office, or to the Secretary of State, if there is no successor, the set of the Mississippi Code of 1972 provided the officeholder under this section.

Before the Secretary of State shall deliver a copy of the Mississippi Code of 1972 to an individual officeholder, the Secretary of State shall prepare and submit a written agreement to the officeholder. The agreement shall, among other provisions, state that the Code is the property of the State of Mississippi, that it shall be transferred to the officeholder's successor in office, that the officeholder has an obligation to make such transfer and that the officeholder shall be responsible for the failure to deliver the Code and for any damage or destruction to the Code, normal wear and tear excepted. The Secretary of State shall execute the agreement and forward it to the officeholder for execution. The Secretary of State shall not deliver the Code to the officeholder until the executed agreement is received by him. The Secretary of State may include in the agreement such other provisions as he may deem reasonable and necessary. In addition to damages or any other remedy for not transferring a set of the Code to his successor, an officeholder who does not transfer his set of the Code shall be guilty of a misdemeanor and shall, upon conviction, pay a fine of One Thousand Dollars ($1,000.00).

Replacement of missing, damaged or destroyed sets or volumes of the Code provided by this chapter may be obtained from the Code publisher through the Secretary of State at the established state cost, the cost to be borne by the recipient.

Provided, however, that no more than one (1) set of the Mississippi Code of 1972 shall be furnished to any one (1) individual, regardless of the office or offices he may hold.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.