House Bill 982

AN ACT TO CREATE THE TORT NONECONOMIC DAMAGES ASSESSMENT TASK FORCE; TO PROVIDE THE DUTIES OF THE TASK FORCE; TO PROVIDE THE MEMBERSHIP OF THE TASK FORCE; TO REQUIRE THE TASK FORCE TO MEET BY A DATE CERTAIN; TO REQUIRE THE TASK FORCE TO RECOMMEND REVISIONS TO THE NONECONOMIC DAMAGE AMOUNT BY A CERTAIN DATE; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) There is created the Tort Noneconomic Damages Assessment Task Force, which will be responsible for revising the noneconomic damage amount set by statute in order to ensure that the amount is reflective of projected inflation rates, and providing such recommendations to the Legislature.

(2) The task force shall consist of the following seven (7) members:

(a) The Chairpersons of the Judiciary A Committees for the Mississippi House of Representatives and the Mississippi Senate, or their designees;

(b) The Chairpersons of the Judiciary B Committees for the Mississippi House of Representatives and the Mississippi Senate, or their designees;

(d) A member of the Defense Bar, chosen by the President of the Mississippi Bar Association; and

(e) The Attorney General, or his or her designee.

(3) At its first meeting, the task force shall elect a chairman and other necessary officers from amongst its membership. The task force shall adopt bylaws and rules for its efficient operation.

(4) (a) The task force shall meet and conduct business at least monthly, with their first meeting to be held no later than June 1, 2023. All meetings of the task force and any committees of the task force will be open to the public, with opportunities for public comment provided on a regular basis. Notice of all meetings shall be given as provided in the Open Meetings Act (Section 25-41-1 et seq.) and appropriate notice also shall be given to all persons so requesting of the date, time and place of each meeting. A majority of the appointed members shall constitute a quorum.

(b) The task force shall submit a final report with its recommendations by December 1, 2023. Upon submission of the report, the task force shall be dissolved.

(5) The task force is assigned to the Administrative Office of Courts for administrative purposes only, and the department shall designate staff to assist the task force. The task force will have a line item in the budget of the Administrative Office of Courts and will be financed by the Legislature through the agency's annual appropriation.

(6) Members of the task force who are not legislators, state officials or state employees may be compensated at the per diem rate authorized by Section 25-3-69 and may be reimbursed in accordance with Section 25-3-41 for mileage and actual expenses incurred in the performance of their duties. Legislative members of the task force will be paid from the contingent expense funds of their respective houses in the same manner as provided for committee meetings when the Legislature is not in session. However, legislative members will not be paid per diem or expenses for attending meetings of the task force while the Legislature is in session. No task force member may incur per diem, travel or other expenses unless previously authorized by vote, at a meeting of the task force, which action must be recorded in the official minutes of the meeting. Nonlegislative members may be paid from any funds made available to the task force for that purpose.

SECTION 2. This act shall take effect and be in force from and after its passage.