Adopted

AMENDMENT NO 2 TO COMMITTEE AMENDMENT NO 1 PROPOSED TO

Senate Bill No. 2391

BY: Representatives Snowden, Gunn

     AMEND by deleting Section 5 in its entirety and inserting in lieu thereof the following:

     "SECTION 5.  (1)  If any provision of this act is found to be unconstitutional, the provision is severable; and the other provisions of this act remain effective, except as provided in other sections of this act.

     (2)  Nothing in this act may be construed to repeal, by implication or otherwise, any provision not explicitly repealed.

     (3)  If any provision of this act is ever declared unconstitutional or its enforcement temporarily or permanently restricted or enjoined by judicial order, the provisions of  Sections 41-41-31 through 41-41-91, Mississippi Code of 1972, shall be enforced.  However, if such temporary or permanent restraining order or injunction is subsequently stayed or dissolved or such declaration vacated or any similar court order otherwise ceases to have effect, all provisions of this act that are not declared unconstitutional or whose enforcement is not restrained shall have full force and effect.

     (4)  Nothing in the provisions of Sections 41-41-31 through 41-41-91, Mississippi Code of 1972, shall be construed to permit any action that is prohibited by Senate Bill No. 2391, 2007 Regular Session, and to the extent that any provision of Sections 41-41-31 through 41-41-91, Mississippi Code of 1972, would be so construed, then the provisions of Senate Bill No. 2391, 2007 Regular Session, shall take precedence."