MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Ways and Means
By: Representatives Lamar, Shanks, Wallace
AN ACT TO CREATE INFERIOR COURTS IN THE CAPITOL COMPLEX IMPROVEMENT DISTRICT (CCID) TO HEAR ALL MATTERS OCCURRING OR ACCRUING IN THE BOUNDARIES OF THE CAPITOL COMPLEX IMPROVEMENT DISTRICT; TO PROVIDE JUDGES FOR THE DISTRICT THAT SHALL POSSESS THE SAME QUALIFICATIONS AS CIRCUIT AND CHANCERY COURT JUDGES; TO PROVIDE FOR THE APPOINTMENT OF THE JUDGES; TO PROVIDE FOR THE SALARY AND OPERATING ALLOWANCE OF THE JUDGES; TO REQUIRE THE ATTORNEY GENERAL TO APPOINT ATTORNEYS TO PROSECUTE CASES WITHIN THE JURISDICTION OF THE DISTRICT; TO REQUIRE THE STATE DEFENDER TO APPOINT PUBLIC DEFENDERS FOR DEFENDANTS WHO FALL WITHIN THE JURISDICTION OF THE DISTRICT; TO PROVIDE FOR THE APPOINTMENT OF A CLERK AND DEPUTY CLERK FOR THE DISTRICT; TO REQUIRE THE CLERK TO MAINTAIN A JURY BOX; TO DESCRIBE THE JURISDICTION OF THE CCID COURTS AS ALL MATTERS THAT OCCUR OR ACCRUE WITHIN THE BOUNDARIES OF THE CAPITAL COMPLEX IMPROVEMENT DISTRICT; TO PROVIDE THE POWERS OF THE JUDGES OF THE COURTS; TO AUTHORIZE JURISDICTION FOR ACTIONS THAT OCCUR OR ACCRUE WITHIN THE DISTRICT; TO PROVIDE THAT THE CCID COURTS SHALL HAVE JURISDICTION OVER ALL ACTIONS IN WHICH THE STATE OF MISSISSIPPI IS LISTED AS A PARTY TO THE ACTION; TO AMEND SECTION 29-5-203, MISSISSIPPI CODE OF 1972, TO REVISE THE BOUNDARIES OF THE CAPITOL COMPLEX IMPROVEMENT DISTRICT, FOR PURPOSES OF AMENDMENT; TO AMEND SECTION 9-1-105, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE MISSISSIPPI SUPREME COURT TO APPOINT SPECIAL JUDGES, FOR PURPOSES OF AMENDMENT; TO AMEND SECTION 9-1-107, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR APPOINTMENT OF SENIOR STATUS JUDGES, FOR PURPOSES OF AMENDMENT; TO AMEND SECTION 27-65-75, MISSISSIPPI CODE OF 1972, TO REVISE THE DISTRIBUTION OF STATE SALES TAX REVENUE; TO AMEND SECTIONS 75-79-29, 63-19-29, 79-11-289, 83-6-41, 79-4-16.04, 41-26-31, 75-71-602, 73-73-33, 83-5-49, 73-63-49, 83-17-521, 83-38-19, 83-6-35, 83-17-423, 73-43-17, 69-7-667, 51-9-209, 73-69-33, 81-27-7.105, 43-33-755, 43-33-741, 41-137-59, 41-9-309, 73-1-31, 41-21-81, 73-33-11, 83-49-31, 79-22-27, 51-9-141, 75-89-21, 81-27-6.104, 89-12-41, 83-1-161, 83-2-31, 77-11-5, 77-3-413, 79-37-116, 79-11-117, 79-11-353, 79-11-357, 79-11-389, 41-43-7, 79-13-1109, 1-1-9, 73-21-163, 51-9-109, 41-26-21, 83-34-19, 83-19-109, 43-27-225, 69-15-67, 51-9-113, 69-25-59, 81-27-4.108, 57-44-27, 39-17-119, 43-33-783, 57-1-323, 83-31-137, 65-39-21, 53-11-31, 37-101-321, 79-13-1006, 65-1-161, 83-24-99, 83-24-25, 75-25-29, 75-89-19, 57-67-23, 63-1-218, 29-5-93, 77-3-409, 79-29-1027, 79-4-1.26, 79-4-15.33, 79-29-827, 41-21-89, 83-31-175, 51-9-111, 79-4-13.30, 73-13-37, 69-15-63, 75-59-5, 75-89-23, 41-71-11, 29-7-21, 83-17-83, 83-24-9, 83-24-101, 73-53-25, 75-56-27, 75-29-205, 75-58-15, 31-17-181, 45-14-21, 79-4-14.23, 79-29-209, 79-4-14.08, 41-9-31, 41-29-131, 73-43-14, 51-9-117, 73-60-7, 31-31-33, 43-13-223, 45-45-17, 77-3-733, 77-3-75, 49-17-44, 37-145-35, 37-17-5, 79-4-8.09, 73-7-27, 83-41-349, 73-13-93, 73-34-43, 83-1-155, 79-14-813, 79-4-7.20, 79-14-808, 41-77-21, 75-71-609, 65-43-29, 83-9-23, 79-11-355, 79-11-131, 53-9-67, 73-19-43, 73-39-81, 73-25-30, 81-18-19, 79-11-201, 79-14-204, 37-119-7, 41-51-29, 41-21-83, 73-59-13, 75-63-69, 75-25-7, 75-89-39, 75-35-325, 63-17-99, 73-36-33, 25-9-177, 81-14-175, 81-18-39, 81-12-205, 41-75-23, 99-41-13, 27-35-309, 65-1-46, 73-4-19, 89-12-59, 75-27-113, 79-11-213, 79-29-913, 73-21-191, 7-5-309, 27-3-33, 97-33-315, 67-1-39, 41-21-103, 83-24-35, 73-9-65, 23-17-13, 81-18-43, 97-45-25, 73-35-25, 83-41-363, 83-41-339, 75-60-4, 73-7-37, 79-14-210, 73-11-57, 31-3-23, 27-35-163, 9-9-19, 79-11-509, 43-11-23, 37-9-75, 75-15-27, 73-23-63, 53-9-55, 69-7-616, 43-33-729, 77-3-22, 75-29-604, 77-1-53, 53-1-39, 83-31-107, 73-24-25, 27-77-13, 81-5-85, 75-49-13, 77-7-295, 75-9-501.1, 97-17-71.1, 79-29-803, 75-60-19, 75-45-182, 93-11-157, 73-6-19, 73-1-29, 73-73-31, 73-21-103, 41-7-201, 73-2-16, 73-9-61, 83-31-153, 53-9-69, 73-63-43, 31-25-37, 57-1-255, 41-7-197, 57-67-15, 25-11-105, 25-9-132, 71-5-357, 27-77-7, 57-75-15, 25-11-120, 37-3-2, 71-5-355, 43-13-121, 83-6-33, 55-23-33, 99-11-37, 69-7-209, 25-4-109, 83-53-43, 65-26-29, 37-101-279, 55-23-13, 83-53-41, 29-5-107, 31-29-15, 37-47-59, 83-53-37, 69-2-15, 27-35-527, 61-1-45, 73-30-11, 37-104-27, 59-5-49, 59-17-39, 71-15-7, 83-5-47, 37-115-48, 83-5-39, 83-53-33, 73-4-33, 69-5-25, 83-53-15, 11-11-15, 73-3-2, 23-15-931, 21-29-217, 73-30-21, 25-4-107, 83-54-27, 79-29-819, 37-101-292, 81-25-171, 83-5-43, 25-11-11, 41-29-187, 25-4-21, 77-1-47, 37-101-291, 25-5-1, 83-23-215, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; TO BRING FORWARD SECTIONS 9-9-15, 55-23-6, 79-4-16.05, 9-5-19, 79-4-7.48, 79-4-7.03, 75-55-37, 79-4-14.31, 55-23-35, 55-23-23, 9-7-23, 55-23-41,9-5-17, 25-3-25, 9-3-31, 99-11-39, 73-1-41, 23-15-1037, 55-23-15, 29-5-213, 79-11-345, 65-3-3,55-23-21, 39-23-3, 9-4-5, 55-23-25, 69-5-103, 79-4-14.07, 79-14-807, 29-3-157, 41-11-11, 23-15-813, 47-5-931,41-7-191, 43-13-145, 67-1-5, 13-3-63, 37-101-15, 9-7-25, 37-27-80, 29-1-205, 55-23-5, 29-1-203, 77-6-7, 99-35-127, 31-27-23, 33-11-17, 29-5-113, 69-1-47, 37-125-5, 19-1-49, 29-5-111, 37-115-105, 45-1-19, 37-115-27, 55-23-39, 49-5-94, 73-29-39, 73-36-36, 5-8-17 AND 29-1-201, FOR POSSIBLE AMENDMENT AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. There shall be created two (2) inferior courts as authorized by Article 6, Section 172 of the Mississippi Constitution of 1890, to be located within the boundaries established in Section 29-5-203 for the Capitol Complex Improvement District, hereinafter referred to as "CCID".
SECTION 2. (1) Each Capitol Complex Improvement District (CCID) judge shall possess all qualifications required by law for circuit and chancery court judges. Each judge of the court shall be a qualified elector of this state, and shall have such other qualifications as provided for by law. Each judge shall be appointed by the Chief Justice of the Mississippi Supreme Court to serve four (4) year terms. Vacancies in the office shall be filled in the same manner provided by law for vacancies in the office of circuit judge.
(2) The persons appointed as judges for the CCID shall not practice law in any of the courts of the state.
(3) Each CCID judge shall be paid an annual salary equal to
the amount provided by law for circuit and chancery judges. The annual compensation of the judges shall be increased any time the annual salaries for circuit and chancery judges are increased.
(4) Each CCID judge shall be provided an operating allowance
equal to the amounts authorized in Section 9-1-36.
SECTION 3. (1) (a) The Attorney General shall appoint four (4) attorneys to serve as prosecuting attorneys for the Capitol Complex Improvement District (CCID). The attorneys shall prosecute all cases therein, in the same manner and with the same authority of law provided for district attorneys and county prosecuting attorneys.
(b) The Attorney General shall provide support staff and any other staff necessary to carry out the functions and duties for prosecuting attorneys.
(c) The Attorney General shall provide funding for the salaries for support staff and prosecuting attorneys in the same amounts and in the same manner as provided to district attorneys and assistant district attorneys by law.
(2) (a) The State Defender of the Office of State Public Defender shall appoint four (4) attorneys to serve as public defenders on an as needed basis within the CCID court.
(b) The State Defender shall provide reasonable support staff and any other staff necessary to carry out the functions and duties for public defenders.
(c) The State Defender shall provide salaries for the defenders in the same manner as provided by law for public defenders.
(d) In addition to any other authority provided by law for the State Defender, the State Defender may represent indigent persons in legal proceedings where the person has a constitutional right to appointed counsel and may provide representation to parents or guardians who have been determined by the youth court judge to be indigent and in need of representation in an abuse, neglect or termination of parental rights proceeding or appeal therefrom. The State Defender shall promulgate, implement and enforce standards that define how effective indigent defense services should be provided in all such cases, subject to the approval of the Mississippi Supreme Court. In addition to the representation that may be provided by staff or contract counsel, county public defender programs shall also be included.
(3) (a) The Administrative Office of Courts, in consultation with the Chief Justice of the Supreme Court, shall appoint a clerk and a deputy clerk for the CCID court.
(b) The Administrative Office of Courts shall provide reasonable support staff and any other staff necessary to carry out the functions and duties for public defenders.
(c) The Administrative Office of Courts shall provide monies for the salaries and support staff of the clerk, deputy clerk and the staff in monies appropriated by the Legislature for such purpose.
(d) The clerk of the CCID courts is authorized to establish a fee schedule and any other fees authorized to by law to be created by a circuit and/or chancery clerk.
SECTION 4. (1) The clerk of the Capitol Complex Improvement District (CCID) court shall maintain a jury box and shall place therein the names or identifying numbers of all prospective jurors drawn from the jury wheel. The names of all qualified electors in Hinds County shall be placed in the jury wheel.
(2) A CCID judge may direct the clerk to draw and assign to the CCID court or official the number of jurors he deems necessary for one or more jury panels or as required by law for a grand jury, except as otherwise provided by subsection (3) of this section. Upon receipt of the direction, and in a manner prescribed by the court, the clerk shall publicly draw at random from the jury box the number of jurors specified.
(3) The court may order that the drawing and assigning of jurors pursuant to subsection (2) of this section may be performed by random selection of a computer or electronic device pursuant to such rules and regulations as may be prescribed by the court. The jurors drawn for jury service shall be assigned at random by the clerk to each jury panel in a manner prescribed by the court.
SECTION 5. (1) The Capitol Complex Improvement District Court (CCID) shall have jurisdiction over criminal and civil matters which occurred or accrued within the boundaries established for the Capitol Complex Improvement District in Section 29-5-203. The CCID court shall have jurisdiction concurrent with the justice court in all matters, civil and criminal of which the justice court has jurisdiction for actions; 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 Twenty Million Dollars ($20,000,000.00), and the jurisdiction of the 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 Twenty Million Dollars ($20,000,000.00). Provided, however, the party filing such setoff, counterclaim or cross bill which exceeds Twenty Million Dollars ($20,000,000.00) shall give notice to the opposite party or parties as provided by law, and on motion of all parties filed within twenty (20) days after the filing of such setoff, counterclaim or cross bill, the court shall transfer the case to the circuit or chancery court wherein the court is situated and which would otherwise have jurisdiction. It shall exclusively have 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 for actions that occur or accrue within the boundaries of the CCID.
(2) (a) The CCID courts shall have exclusive jurisdiction over all actions filed on or after January 1, 2024, in which the State of Mississippi or a board or commission of the state or a state agency is a named party to the action.
(b) Wherever there is a reference in any law, rule, regulation or document for any action filed against the State of Mississippi, or a board or commission of the state or a state agency; or an appeal from a decision of a board or commission of the state or a state agency to any circuit or chancery court in Hinds County, the same shall be construed to mean the inferior courts of the Capitol Complex Improvement District as created by this act.
SECTION 6. Each Capitol Complex Improvement District (CCID) judge shall have power to issue writs, and to try matters, of habeas corpus on application therefor, or when made returnable before the judge by a superior judge. Each CCID judge 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 or her court. He or she shall have the authority to issue search warrants in his or her returnable to his or her own court or to any court of a justice of the peace within his or her county in the same manner as is provided by law for the issuance of search warrants by justices of the peace. In all cases pending in, or within the jurisdiction of, his or her court, he or she shall have, in term time, and in vacation, the power to order, do or determine to the same extent and in the same manner as a justice of the peace or a circuit judge or a chancellor could do in term time or in vacation in such cases.
SECTION 7. In any civil cases instituted in the circuit court, wherein all parties file a motion to transfer the case to the CCID court for trial, or wherein all parties file an instrument of writing consenting to such a transfer, the circuit court may, in its discretion, transfer the case to the CCID court for trial; and the CCID court shall have full jurisdiction of and shall proceed to try any case so transferred, provided, however, that such order of transfer be rendered prior to the empaneling of the jury in such cases.
In misdemeanor cases and in felony cases, wherein indictments have been returned by the grand jury, the circuit court may transfer with full jurisdiction all or any of the same, in its discretion, to the CCID court for trial; and the CCID court shall have jurisdiction of and shall proceed to try all charges of misdemeanors and felonies which shall be proffered by the CCID prosecuting attorney or by the Capitol Police Chief on affidavit sworn to before the circuit clerk of the county; and prosecutions by affidavit are hereby authorized in misdemeanor cases under the same procedure as if indictments had been returned in the circuit court and transferred to the CCID court.
And, provided further, any reputable citizen may make an affidavit charging crime before the judge of the CCID court, and such affidavit shall be filed with the clerk of the CCID court, and if the crime charged is a misdemeanor, the CCID court shall have jurisdiction to try and dispose of said charge and, if the crime charged be a felony, the judge shall have jurisdiction to hear and determine said cause, the same as now provided by law to be done by justices of the peace, and to commit the person so charged, with or without bail as the evidence may warrant, or to discharge the defendant.
SECTION 8. The Capitol Complex Improvement District Court (CCID) shall be a court of record and the clerk of the CCID court shall be appointed by the Chief Justice of the Supreme Court, and the clerk or his or her deputy shall attend all the sessions of the CCID court, and have present at all sessions, all books, records, files, and papers pertaining to the term then in session. The dockets, minutes, and records of the county court shall be kept, so far as is practicable, in the same manner as are those of the circuit court as provided by statute and the Mississippi Rules of Civil Procedure. The Capitol Police Chief shall be the executive officer of the CCID court; he shall by himself, or deputy, attend all its sessions, and he shall serve all process and execute all writs issued therefrom in the manner as such process and writs would be served and executed when issued by the courts. The clerk and Capitol Police Chief shall receive the same fees for attendance, and for other services as are allowed by law to the clerk and to the CCID officers for like duties in the circuit and chancery courts; provided however, that in all cases where the justice courts have concurrent jurisdiction with the CCID court within the CCID boundaries, the clerk shall be allowed to receive only such fees as are allowed to justice courts, and the Capitol Police Chief shall be allowed only such fees as the constable in said justice court would be entitled to under the law for similar services.
SECTION 9. The Capitol Complex Improvement District (CCID) court judges shall hold regular terms of their courts, at such times as they may appoint, not exceeding two (2) and not less than one (1) in every month, in the Joint Legislative Budget Committee hearing room in the Woolfolk building and they may continue to hold their courts from day to day so long as business may require; and all process shall be returnable, and all trials shall take place at such regular terms, except where it is otherwise provided; but where the defendant is a nonresident of the Capitol Complex Improvement District or transient person, and it shall be shown by the oath of either party that a delay of the trial until the regular term will be of material injury to him, it shall be lawful for the judge to have the parties brought before him at any reasonable time and hear the evidence and give judgment or where the defendant is a nonresident or transient person and the judge and all parties agree, it shall be lawful for the judge to have the parties brought before him on the day a citation is made and hear the evidence and give judgment. Such court shall be a court of record, with all the power incident to a court of record, including power to fine in the amount of fine and length of imprisonment as is authorized by law for contempt of court.
SECTION 10. Section 29-5-203, Mississippi Code of 1972, is amended as follows:
29-5-203. There is created the Capitol Complex Improvement District to be composed of the following described area in the City of Jackson, Mississippi, and the City of Ridgeland, Mississippi, that surrounds the State Capitol Building:
CAPITOL COMPLEX PROPOSED BOUNDARIES
• Beginning at a point on the west bank of the Pearl River determined by extending the south curb line of High Street east until it meets the bank of the Pearl River;
• Then north along the west
bank of the Pearl River * * *(extending along the southern boundary of LeFleur's Bluff State Park)
until it reaches a point on such bank determined by extending the * * * north
curb line of County Line Road until it meets the bank of the Pearl River;
• Then west along the north curb line of County Line Road until it reaches the west curb line of North State Street - U.S. Highway 51;
• Then south along the west curb line of North State Street - U.S. Highway 51 to the north curb line of Hartfield Street;
• Then west along the north curb line of Hartfield Street to the west curb line of Oxford Avenue;
• Then south on the west curb line of Oxford Avenue to the north curb line of Mitchell Avenue which becomes Stonewall Street;
• Then west along the north curb line of Mitchell Street and then Stonewall Street until it reaches the west curb line of Livingston Road;
• Then south along the west curb line of Livingston Road until it reaches the south curb line of Woodrow Wilson Drive;
• Then east along the south curb line of Woodrow Wilson Drive to the west curb line of Bailey Avenue (which becomes Gallatin Street);
• Then south along the west
curb line of Bailey Avenue and then Gallatin Street until it reaches the north
curb line of * * * West Monument Street;
• Then west and south
along the north curb line of * * * West Monument Street until
it intersects with the north curb line of Robinson Road;
• Then west on the north curb line of Robinson Road until it intersects with the west curb line of Prentiss Street;
• Then south along the west curb line of Prentiss Street until it intersects with the north curb line of John R. Lynch Street on the west side of Jackson State University;
• Then west on the north curb line of John R. Lynch Street until it reaches the west curb line of Valley Street;
• Then south along the west curb line of Valley Street until it reaches the south curb line of Morehouse Street;
• Then east along the south curb line of Morehouse Street until it reaches the west curb line of Dalton Street;
• Then south along the west curb line of Dalton Street until it reaches the south curb line of Florence Avenue;
• Then east along the south curb line of Florence Avenue until it reaches the east curb line of University Blvd. (Terry Road);
• Then * * * south along the east curb
line of University Blvd. (Terry Road) until it reaches the south curb line
of * * *
U.S. Highway 80;
• Then east along the south
curb line of * * * U.S. Highway
80 until it reaches the western edge of Interstate 55;
* * *
• Then north along the western edge of I-55 until it reaches the south curb line of High Street;
• Then east along the south curb line of High Street and extending such line to the Pearl River and the point of the beginning.
SECTION 11. Section 9-1-105, Mississippi Code of 1972, is amended as follows:
9-1-105. (1) * * * When any judicial officer is
unwilling or unable to hear a case or unable to hold or attend any of the
courts at the time and place required by law by reason of the physical disability
or sickness of such judicial officer, by reason of the absence of such judicial
officer from the state, by reason of the disqualification of such judicial
officer pursuant to the provision of Section 165, Mississippi Constitution of
1890, or any provision of the Code of Judicial Conduct, or for any other reason,
the Chief Justice of the Mississippi Supreme Court, with the advice and consent
of a majority of the justices of the Mississippi Supreme Court, may appoint a
person as a special judge to hear the case or attend and hold a court.
(2) Upon the request of the Chief Judge of the Court of Appeals, the senior judge of a chancery or circuit court district, the senior judge of a county court, or upon his own motion, the Chief Justice of the Mississippi Supreme Court, with the advice and consent of a majority of the justices of the Mississippi Supreme Court, shall have the authority to appoint a special judge to serve on a temporary basis in a circuit, chancery or county court in the event of an emergency or overcrowded docket. It shall be the duty of any special judge so appointed to assist the court to which he is assigned in the disposition of causes so pending in such court for whatever period of time is designated by the Chief Justice. The Chief Justice, in his discretion, may appoint the special judge to hear particular cases, a particular type of case, or a particular portion of the court's docket.
(3) When a vacancy exists for any of the reasons enumerated in Section 9-1-103, the vacancy has not been filled within seven (7) days by an appointment by the Governor, and there is a pending cause or are pending causes in the court where the vacancy exists that in the interests of justice and in the orderly dispatch of the court's business require the appointment of a special judge, the Chief Justice of the Supreme Court, with the advice and consent of a majority of the justices of the Mississippi Supreme Court, may appoint a qualified person as a special judge to fill the vacancy until the Governor makes his appointment and such appointee has taken the oath of office.
(4) If the Chief Justice pursuant to this section shall make an appointment within the authority vested in the Governor by reason of Section 165, Mississippi Constitution of 1890, the Governor may at his election appoint a person to so serve. In the event that the Governor makes such an appointment, any appointment made by the Chief Justice pursuant to this section shall be void and of no further force or effect from the date of the Governor's appointment.
(5) When a judicial officer is unwilling or unable to hear a case or unable or unwilling to hold court for a period of time not to exceed two (2) weeks, the trial judge or judges of the affected district or county and other trial judges may agree among themselves regarding the appointment of a person for such case or such limited period of time. The trial judges shall submit a notice to the Chief Justice of the Supreme Court informing him of their appointment. If the Chief Justice does not appoint another person to serve as special judge within seven (7) days after receipt of such notice, the person designated in such order shall be deemed appointed.
(6) A person appointed to serve as a special judge may be any currently sitting or retired chancery, circuit or county court judge, Court of Appeals judge or Supreme Court Justice, or any other person possessing the qualifications of the judicial office for which the appointment is made; however, a judge or justice who was retired from service at the polls shall not be eligible for appointment as a special judge in the district in which he served prior to his defeat.
(7) Except as otherwise provided in subsection (2) of this section, the need for an appointment pursuant to this section may be certified to the Chief Justice of the Mississippi Supreme Court by any attorney in good standing or other officer of the court.
(8) The order appointing a person as a special judge pursuant to this section shall describe as specifically as possible the duration of the appointment.
(9) A special judge appointed pursuant to this section shall take the oath of office, if necessary, and shall, for the duration of his appointment, enjoy the full power and authority of the office to which he is appointed.
(10) Any currently sitting justice or judge appointed as a special judge under this section shall receive no additional compensation for his or her service as special judge. Any other person appointed as a special judge hereunder shall, for the period of his service, receive compensation from the state for each day's service a sum equal to 1/260ths of the current salary in effect for the judicial office; however, no retired chancery, circuit or county court judge, retired Court of Appeals judge or any retired Supreme Court Justice appointed as a special judge pursuant to this section may, during any fiscal year, receive compensation in excess of fifty percent (50%) of the current salary in effect for a chancery or circuit court judge. Any person appointed as a special judge shall be reimbursed for travel expenses incurred in the performance of the official duties to which he may be appointed hereunder in the same manner as other public officials and employees as provided by Section 25-3-41, Mississippi Code of 1972.
(11) If any person appointed as such special judge is receiving retirement benefits by virtue of the provisions of the Public Employees' Retirement Law of 1952, appearing as Sections 25-11-1 through 25-11-139, Mississippi Code of 1972, such benefits shall not be reduced in any sum whatsoever because of such service, nor shall any sum be deducted as contributions toward retirement under said law.
(12) The Supreme Court shall have authority to prescribe rules and regulations reasonably necessary to implement and give effect to the provisions of this section.
(13) Nothing in this section shall abrogate the right of attorneys engaged in a case to agree upon a member of the bar to preside in a case pursuant to Section 165 of the Mississippi Constitution of 1890.
(14) The Supreme Court shall prepare the necessary payroll for special judges appointed pursuant to this section and shall submit such payroll to the Department of Finance and Administration.
(15) Special judges appointed pursuant to this section shall direct requests for reimbursement for travel expenses authorized pursuant to this section to the Supreme Court and the Supreme Court shall submit such requests to the Department of Finance and Administration. The Supreme Court shall have the power to adopt rules and regulations regarding the administration of travel expenses authorized pursuant to this section.
SECTION 12. Section 9-1-107, Mississippi Code of 1972, is amended as follows:
9-1-107. (1) Retired Court of Appeals, chancery, circuit or county court judges or retired Supreme Court Justices, who have served as a judge or justice for at least six (6) years and who are either at least sixty-two (62) years of age or are receiving state retirement benefits and who desire to be designated as senior judges of the State of Mississippi shall file a certificate for such designation with the Supreme Court. The certificate shall be in such form as prescribed by the Supreme Court. The filing of such certificate shall place such judge on senior status.
(2) If judges who are placed on senior status are receiving retirement benefits by virtue of the provisions of the Public Employees' Retirement Law of 1952, appearing as Sections 25-11-1 through 25-11-139, Mississippi Code of 1972, such benefits shall not be reduced in any sum whatsoever because of being placed on senior status or because of service as a special judge, pursuant to Section 9-1-105, nor shall any sum be deducted as contributions toward retirement under such law.
(3) The Supreme Court shall
have the authority to promulgate rules and regulations * * * that govern the service and
tenure of senior judges on senior status, and may remove from senior status any
judge who does not comply with the dictates of this statute or who, without
good cause, refuses appointment under Section 9-1-105.
(4) Any person appointed as senior judge on senior status hereunder shall, for the period of his service as a special judge pursuant to Section 9-1-105, receive compensation from the state for each day's service a sum equal to 1/260ths of the current salary in effect for the judicial offices. Any person appointed as a senior judge on senior status shall be reimbursed for travel expenses incurred in the performance of the official duties to which he may be appointed hereunder in the same manner as other public officials and employees as provided by Section 25-3-41, Mississippi Code of 1972. Each judge so serving shall make out an itemized account of the number of days he in good faith served, and make affidavit to same and file it with the Clerk of the Supreme Court. The said clerk shall issue a certificate showing the length of time such senior judge or judges on senior status served, and the Department of Finance and Administration shall issue its warrant therefor.
(5) During tenure as a senior judge, senior judges shall be deemed active members of the Mississippi Conference of Judges and shall be required to satisfy the requirements of continuing judicial education.
SECTION 13. Section 27-65-75, Mississippi Code of 1972, is amended as follows:
27-65-75. On or before the fifteenth day of each month, the revenue collected under the provisions of this chapter during the preceding month shall be paid and distributed as follows:
(1) (a) On or before August 15, 1992, and each succeeding month thereafter through July 15, 1993, eighteen percent (18%) of the total sales tax revenue collected during the preceding month under the provisions of this chapter, except that collected under the provisions of Sections 27-65-15, 27-65-19(3) and 27-65-21, on business activities within a municipal corporation shall be allocated for distribution to the municipality and paid to the municipal corporation. Except as otherwise provided in this paragraph (a), on or before August 15, 1993, and each succeeding month thereafter, eighteen and one-half percent (18-1/2%) of the total sales tax revenue collected during the preceding month under the provisions of this chapter, except that collected under the provisions of Sections 27-65-15, 27-65-19(3), 27-65-21 and 27-65-24, on business activities within a municipal corporation shall be allocated for distribution to the municipality and paid to the municipal corporation. However, in the event the State Auditor issues a certificate of noncompliance pursuant to Section 21-35-31, the Department of Revenue shall withhold ten percent (10%) of the allocations and payments to the municipality that would otherwise be payable to the municipality under this paragraph (a) until such time that the department receives written notice of the cancellation of a certificate of noncompliance from the State Auditor. On or before August 15, 2023, and each succeeding month thereafter, eighteen and seven hundred fifty-eight one-thousandths percent (18.758%) of the amount that would otherwise be allocated and paid to the City of Jackson, Mississippi, under this paragraph (a) shall be deposited into the Capitol Complex Improvement District Project Fund created in Section 29-5-215, and the amount that would otherwise have been allocated and paid to the City of Jackson shall be reduced by such amount.
A municipal corporation, for the purpose of distributing the tax under this subsection, shall mean and include all incorporated cities, towns and villages.
Monies allocated for distribution and credited to a municipal corporation under this paragraph may be pledged as security for a loan if the distribution received by the municipal corporation is otherwise authorized or required by law to be pledged as security for such a loan.
In any county having a county seat that is not an incorporated municipality, the distribution provided under this subsection shall be made as though the county seat was an incorporated municipality; however, the distribution to the municipality shall be paid to the county treasury in which the municipality is located, and those funds shall be used for road, bridge and street construction or maintenance in the county.
(b) On or before August 15, 2006, and each succeeding month thereafter, eighteen and one-half percent (18-1/2%) of the total sales tax revenue collected during the preceding month under the provisions of this chapter, except that collected under the provisions of Sections 27-65-15, 27-65-19(3) and 27-65-21, on business activities on the campus of a state institution of higher learning or community or junior college whose campus is not located within the corporate limits of a municipality, shall be allocated for distribution to the state institution of higher learning or community or junior college and paid to the state institution of higher learning or community or junior college.
(c) On or before August 15, 2018, and each succeeding month thereafter until August 14, 2019, two percent (2%) of the total sales tax revenue collected during the preceding month under the provisions of this chapter, except that collected under the provisions of Sections 27-65-15, 27-65-19(3), 27-65-21 and 27-65-24, on business activities within the corporate limits of the City of Jackson, Mississippi, shall be deposited into the Capitol Complex Improvement District Project Fund created in Section 29-5-215. On or before August 15, 2019, and each succeeding month thereafter until August 14, 2020, four percent (4%) of the total sales tax revenue collected during the preceding month under the provisions of this chapter, except that collected under the provisions of Sections 27-65-15, 27-65-19(3), 27-65-21 and 27-65-24, on business activities within the corporate limits of the City of Jackson, Mississippi, shall be deposited into the Capitol Complex Improvement District Project Fund created in Section 29-5-215. On or before August 15, 2020, and each succeeding month thereafter through July 15, 2023, six percent (6%) of the total sales tax revenue collected during the preceding month under the provisions of this chapter, except that collected under the provisions of Sections 27-65-15, 27-65-19(3), 27-65-21 and 27-65-24, on business activities within the corporate limits of the City of Jackson, Mississippi, shall be deposited into the Capitol Complex Improvement District Project Fund created in Section 29-5-215. On or before August 15, 2023, and each succeeding month thereafter, nine percent (9%) of the total sales tax revenue collected during the preceding month under the provisions of this chapter, except that collected under the provisions of Sections 27-65-15, 27-65-19(3), 27-65-21 and 27-65-24, on business activities within the corporate limits of the City of Jackson, Mississippi, shall be deposited into the Capitol Complex Improvement District Project Fund created in Section 29-5-215.
(d) (i) On or before the fifteenth day of the month that the diversion authorized by this section begins, and each succeeding month thereafter, eighteen and one-half percent (18-1/2%) of the total sales tax revenue collected during the preceding month under the provisions of this chapter, except that collected under the provisions of Sections 27-65-15, 27-65-19(3) and 27-65-21, on business activities within a redevelopment project area developed under a redevelopment plan adopted under the Tax Increment Financing Act (Section 21-45-1 et seq.) shall be allocated for distribution to the county in which the project area is located if:
1. The county:
a. Borders on the Mississippi Sound and the State of Alabama, or
b. Is Harrison County, Mississippi, and the project area is within a radius of two (2) miles from the intersection of Interstate 10 and Menge Avenue;
2. The county has issued bonds under Section 21-45-9 to finance all or a portion of a redevelopment project in the redevelopment project area;
3. Any debt service for the indebtedness incurred is outstanding; and
4. A development with a value of Ten Million Dollars ($10,000,000.00) or more is, or will be, located in the redevelopment area.
(ii) Before any sales tax revenue may be allocated for distribution to a county under this paragraph, the county shall certify to the Department of Revenue that the requirements of this paragraph have been met, the amount of bonded indebtedness that has been incurred by the county for the redevelopment project and the expected date the indebtedness incurred by the county will be satisfied.
(iii) The diversion of sales tax revenue authorized by this paragraph shall begin the month following the month in which the Department of Revenue determines that the requirements of this paragraph have been met. The diversion shall end the month the indebtedness incurred by the county is satisfied. All revenue received by the county under this paragraph shall be deposited in the fund required to be created in the tax increment financing plan under Section 21-45-11 and be utilized solely to satisfy the indebtedness incurred by the county.
(2) On or before September 15, 1987, and each succeeding month thereafter, from the revenue collected under this chapter during the preceding month, One Million One Hundred Twenty-five Thousand Dollars ($1,125,000.00) shall be allocated for distribution to municipal corporations as defined under subsection (1) of this section in the proportion that the number of gallons of gasoline and diesel fuel sold by distributors to consumers and retailers in each such municipality during the preceding fiscal year bears to the total gallons of gasoline and diesel fuel sold by distributors to consumers and retailers in municipalities statewide during the preceding fiscal year. The Department of Revenue shall require all distributors of gasoline and diesel fuel to report to the department monthly the total number of gallons of gasoline and diesel fuel sold by them to consumers and retailers in each municipality during the preceding month. The Department of Revenue shall have the authority to promulgate such rules and regulations as is necessary to determine the number of gallons of gasoline and diesel fuel sold by distributors to consumers and retailers in each municipality. In determining the percentage allocation of funds under this subsection for the fiscal year beginning July 1, 1987, and ending June 30, 1988, the Department of Revenue may consider gallons of gasoline and diesel fuel sold for a period of less than one (1) fiscal year. For the purposes of this subsection, the term "fiscal year" means the fiscal year beginning July 1 of a year.
(3) On or before September 15, 1987, and on or before the fifteenth day of each succeeding month, until the date specified in Section 65-39-35, the proceeds derived from contractors' taxes levied under Section 27-65-21 on contracts for the construction or reconstruction of highways designated under the highway program created under Section 65-3-97 shall, except as otherwise provided in Section 31-17-127, be deposited into the State Treasury to the credit of the State Highway Fund to be used to fund that highway program. The Mississippi Department of Transportation shall provide to the Department of Revenue such information as is necessary to determine the amount of proceeds to be distributed under this subsection.
(4) On or before August 15, 1994, and on or before the fifteenth day of each succeeding month through July 15, 1999, from the proceeds of gasoline, diesel fuel or kerosene taxes as provided in Section 27-5-101(a)(ii)1, Four Million Dollars ($4,000,000.00) shall be deposited in the State Treasury to the credit of a special fund designated as the "State Aid Road Fund," created by Section 65-9-17. On or before August 15, 1999, and on or before the fifteenth day of each succeeding month, from the total amount of the proceeds of gasoline, diesel fuel or kerosene taxes apportioned by Section 27-5-101(a)(ii)1, Four Million Dollars ($4,000,000.00) or an amount equal to twenty-three and one-fourth percent (23-1/4%) of those funds, whichever is the greater amount, shall be deposited in the State Treasury to the credit of the "State Aid Road Fund," created by Section 65-9-17. Those funds shall be pledged to pay the principal of and interest on state aid road bonds heretofore issued under Sections 19-9-51 through 19-9-77, in lieu of and in substitution for the funds previously allocated to counties under this section. Those funds may not be pledged for the payment of any state aid road bonds issued after April 1, 1981; however, this prohibition against the pledging of any such funds for the payment of bonds shall not apply to any bonds for which intent to issue those bonds has been published for the first time, as provided by law before March 29, 1981. From the amount of taxes paid into the special fund under this subsection and subsection (9) of this section, there shall be first deducted and paid the amount necessary to pay the expenses of the Office of State Aid Road Construction, as authorized by the Legislature for all other general and special fund agencies. The remainder of the fund shall be allocated monthly to the several counties in accordance with the following formula:
(a) One-third (1/3) shall be allocated to all counties in equal shares;
(b) One-third (1/3) shall be allocated to counties based on the proportion that the total number of rural road miles in a county bears to the total number of rural road miles in all counties of the state; and
(c) One-third (1/3) shall be allocated to counties based on the proportion that the rural population of the county bears to the total rural population in all counties of the state, according to the latest federal decennial census.
For the purposes of this subsection, the term "gasoline, diesel fuel or kerosene taxes" means such taxes as defined in paragraph (f) of Section 27-5-101.
The amount of funds allocated to any county under this subsection for any fiscal year after fiscal year 1994 shall not be less than the amount allocated to the county for fiscal year 1994.
Any reference in the general laws of this state or the Mississippi Code of 1972 to Section 27-5-105 shall mean and be construed to refer and apply to subsection (4) of Section 27-65-75.
(5) One Million Six Hundred Sixty-six Thousand Six Hundred Sixty-six Dollars ($1,666,666.00) each month shall be paid into the special fund known as the "Educational Facilities Revolving Loan Fund" created and existing under the provisions of Section 37-47-24. Those payments into that fund are to be made on the last day of each succeeding month hereafter. This subsection (5) shall stand repealed on July 1, 2023.
(6) An amount each month beginning August 15, 1983, through November 15, 1986, as specified in Section 6, Chapter 542, Laws of 1983, shall be paid into the special fund known as the Correctional Facilities Construction Fund created in Section 6, Chapter 542, Laws of 1983.
(7) On or before August 15, 1992, and each succeeding month thereafter through July 15, 2000, two and two hundred sixty-six one-thousandths percent (2.266%) of the total sales tax revenue collected during the preceding month under the provisions of this chapter, except that collected under the provisions of Section 27-65-17(2), shall be deposited by the department into the School Ad Valorem Tax Reduction Fund created under Section 37-61-35. On or before August 15, 2000, and each succeeding month thereafter, two and two hundred sixty-six one-thousandths percent (2.266%) of the total sales tax revenue collected during the preceding month under the provisions of this chapter, except that collected under the provisions of Section 27-65-17(2), shall be deposited into the School Ad Valorem Tax Reduction Fund created under Section 37-61-35 until such time that the total amount deposited into the fund during a fiscal year equals Forty-two Million Dollars ($42,000,000.00). Thereafter, the amounts diverted under this subsection (7) during the fiscal year in excess of Forty-two Million Dollars ($42,000,000.00) shall be deposited into the Education Enhancement Fund created under Section 37-61-33 for appropriation by the Legislature as other education needs and shall not be subject to the percentage appropriation requirements set forth in Section 37-61-33.
(8) On or before August 15, 1992, and each succeeding month thereafter, nine and seventy-three one-thousandths percent (9.073%) of the total sales tax revenue collected during the preceding month under the provisions of this chapter, except that collected under the provisions of Section 27-65-17(2), shall be deposited into the Education Enhancement Fund created under Section 37-61-33.
(9) On or before August 15, 1994, and each succeeding month thereafter, from the revenue collected under this chapter during the preceding month, Two Hundred Fifty Thousand Dollars ($250,000.00) shall be paid into the State Aid Road Fund.
(10) On or before August 15, 1994, and each succeeding month thereafter through August 15, 1995, from the revenue collected under this chapter during the preceding month, Two Million Dollars ($2,000,000.00) shall be deposited into the Motor Vehicle Ad Valorem Tax Reduction Fund established in Section 27-51-105.
(11) Notwithstanding any other provision of this section to the contrary, on or before February 15, 1995, and each succeeding month thereafter, the sales tax revenue collected during the preceding month under the provisions of Section 27-65-17(2) and the corresponding levy in Section 27-65-23 on the rental or lease of private carriers of passengers and light carriers of property as defined in Section 27-51-101 shall be deposited, without diversion, into the Motor Vehicle Ad Valorem Tax Reduction Fund established in Section 27-51-105.
(12) Notwithstanding any other provision of this section to the contrary, on or before August 15, 1995, and each succeeding month thereafter, the sales tax revenue collected during the preceding month under the provisions of Section 27-65-17(1) on retail sales of private carriers of passengers and light carriers of property, as defined in Section 27-51-101 and the corresponding levy in Section 27-65-23 on the rental or lease of these vehicles, shall be deposited, after diversion, into the Motor Vehicle Ad Valorem Tax Reduction Fund established in Section 27-51-105.
(13) On or before July 15, 1994, and on or before the fifteenth day of each succeeding month thereafter, that portion of the avails of the tax imposed in Section 27-65-22 that is derived from activities held on the Mississippi State Fairgrounds Complex shall be paid into a special fund that is created in the State Treasury and shall be expended upon legislative appropriation solely to defray the costs of repairs and renovation at the Trade Mart and Coliseum.
(14) On or before August 15, 1998, and each succeeding month thereafter through July 15, 2005, that portion of the avails of the tax imposed in Section 27-65-23 that is derived from sales by cotton compresses or cotton warehouses and that would otherwise be paid into the General Fund shall be deposited in an amount not to exceed Two Million Dollars ($2,000,000.00) into the special fund created under Section 69-37-39. On or before August 15, 2007, and each succeeding month thereafter through July 15, 2010, that portion of the avails of the tax imposed in Section 27-65-23 that is derived from sales by cotton compresses or cotton warehouses and that would otherwise be paid into the General Fund shall be deposited in an amount not to exceed Two Million Dollars ($2,000,000.00) into the special fund created under Section 69-37-39 until all debts or other obligations incurred by the Certified Cotton Growers Organization under the Mississippi Boll Weevil Management Act before January 1, 2007, are satisfied in full. On or before August 15, 2010, and each succeeding month thereafter through July 15, 2011, fifty percent (50%) of that portion of the avails of the tax imposed in Section 27-65-23 that is derived from sales by cotton compresses or cotton warehouses and that would otherwise be paid into the General Fund shall be deposited into the special fund created under Section 69-37-39 until such time that the total amount deposited into the fund during a fiscal year equals One Million Dollars ($1,000,000.00). On or before August 15, 2011, and each succeeding month thereafter, that portion of the avails of the tax imposed in Section 27-65-23 that is derived from sales by cotton compresses or cotton warehouses and that would otherwise be paid into the General Fund shall be deposited into the special fund created under Section 69-37-39 until such time that the total amount deposited into the fund during a fiscal year equals One Million Dollars ($1,000,000.00).
(15) Notwithstanding any other provision of this section to the contrary, on or before September 15, 2000, and each succeeding month thereafter, the sales tax revenue collected during the preceding month under the provisions of Section 27-65-19(1)(d)(i)2, and 27-65-19(1)(d)(i)3 shall be deposited, without diversion, into the Telecommunications Ad Valorem Tax Reduction Fund established in Section 27-38-7.
(16) (a) On or before August 15, 2000, and each succeeding month thereafter, the sales tax revenue collected during the preceding month under the provisions of this chapter on the gross proceeds of sales of a project as defined in Section 57-30-1 shall be deposited, after all diversions except the diversion provided for in subsection (1) of this section, into the Sales Tax Incentive Fund created in Section 57-30-3.
(b) On or before August 15, 2007, and each succeeding month thereafter, eighty percent (80%) of the sales tax revenue collected during the preceding month under the provisions of this chapter from the operation of a tourism project under the provisions of Sections 57-26-1 through 57-26-5, shall be deposited, after the diversions required in subsections (7) and (8) of this section, into the Tourism Project Sales Tax Incentive Fund created in Section 57-26-3.
(17) Notwithstanding any other provision of this section to the contrary, on or before April 15, 2002, and each succeeding month thereafter, the sales tax revenue collected during the preceding month under Section 27-65-23 on sales of parking services of parking garages and lots at airports shall be deposited, without diversion, into the special fund created under Section 27-5-101(d).
(18) [Repealed]
(19) (a) On or before August 15, 2005, and each succeeding month thereafter, the sales tax revenue collected during the preceding month under the provisions of this chapter on the gross proceeds of sales of a business enterprise located within a redevelopment project area under the provisions of Sections 57-91-1 through 57-91-11, and the revenue collected on the gross proceeds of sales from sales made to a business enterprise located in a redevelopment project area under the provisions of Sections 57-91-1 through 57-91-11 (provided that such sales made to a business enterprise are made on the premises of the business enterprise), shall, except as otherwise provided in this subsection (19), be deposited, after all diversions, into the Redevelopment Project Incentive Fund as created in Section 57-91-9.
(b) For a municipality participating in the Economic Redevelopment Act created in Sections 57-91-1 through 57-91-11, the diversion provided for in subsection (1) of this section attributable to the gross proceeds of sales of a business enterprise located within a redevelopment project area under the provisions of Sections 57-91-1 through 57-91-11, and attributable to the gross proceeds of sales from sales made to a business enterprise located in a redevelopment project area under the provisions of Sections 57-91-1 through 57-91-11 (provided that such sales made to a business enterprise are made on the premises of the business enterprise), shall be deposited into the Redevelopment Project Incentive Fund as created in Section 57-91-9, as follows:
(i) For the first six (6) years in which payments are made to a developer from the Redevelopment Project Incentive Fund, one hundred percent (100%) of the diversion shall be deposited into the fund;
(ii) For the seventh year in which such payments are made to a developer from the Redevelopment Project Incentive Fund, eighty percent (80%) of the diversion shall be deposited into the fund;
(iii) For the eighth year in which such payments are made to a developer from the Redevelopment Project Incentive Fund, seventy percent (70%) of the diversion shall be deposited into the fund;
(iv) For the ninth year in which such payments are made to a developer from the Redevelopment Project Incentive Fund, sixty percent (60%) of the diversion shall be deposited into the fund; and
(v) For the tenth year in which such payments are made to a developer from the Redevelopment Project Incentive Fund, fifty percent (50%) of the funds shall be deposited into the fund.
(20) On or before January 15, 2007, and each succeeding month thereafter, eighty percent (80%) of the sales tax revenue collected during the preceding month under the provisions of this chapter from the operation of a tourism project under the provisions of Sections 57-28-1 through 57-28-5 shall be deposited, after the diversions required in subsections (7) and (8) of this section, into the Tourism Sales Tax Incentive Fund created in Section 57-28-3.
(21) (a) On or before April 15, 2007, and each succeeding month thereafter through June 15, 2013, One Hundred Fifty Thousand Dollars ($150,000.00) of the sales tax revenue collected during the preceding month under the provisions of this chapter shall be deposited into the MMEIA Tax Incentive Fund created in Section 57-101-3.
(b) On or before July 15, 2013, and each succeeding month thereafter, One Hundred Fifty Thousand Dollars ($150,000.00) of the sales tax revenue collected during the preceding month under the provisions of this chapter shall be deposited into the Mississippi Development Authority Job Training Grant Fund created in Section 57-1-451.
(22) Notwithstanding any other provision of this section to the contrary, on or before August 15, 2009, and each succeeding month thereafter, the sales tax revenue collected during the preceding month under the provisions of Section 27-65-201 shall be deposited, without diversion, into the Motor Vehicle Ad Valorem Tax Reduction Fund established in Section 27-51-105.
(23) (a) On or before August 15, 2019, and each month thereafter through July 15, 2020, one percent (1%) of the total sales tax revenue collected during the preceding month from restaurants and hotels shall be allocated for distribution to the Mississippi Development Authority Tourism Advertising Fund established under Section 57-1-64, to be used exclusively for the purpose stated therein. On or before August 15, 2020, and each month thereafter through July 15, 2021, two percent (2%) of the total sales tax revenue collected during the preceding month from restaurants and hotels shall be allocated for distribution to the Mississippi Development Authority Tourism Advertising Fund established under Section 57-1-64, to be used exclusively for the purpose stated therein. On or before August 15, 2021, and each month thereafter, three percent (3%) of the total sales tax revenue collected during the preceding month from restaurants and hotels shall be allocated for distribution to the Mississippi Development Authority Tourism Advertising Fund established under Section 57-1-64, to be used exclusively for the purpose stated therein. The revenue diverted pursuant to this subsection shall not be available for expenditure until February 1, 2020.
(b) The Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) must provide an annual report to the Legislature indicating the amount of funds deposited into the Mississippi Development Authority Tourism Advertising Fund established under Section 57-1-64, and a detailed record of how the funds are spent.
(24) The remainder of the amounts collected under the provisions of this chapter shall be paid into the State Treasury to the credit of the General Fund.
(25) (a) It shall be the duty of the municipal officials of any municipality that expands its limits, or of any community that incorporates as a municipality, to notify the commissioner of that action thirty (30) days before the effective date. Failure to so notify the commissioner shall cause the municipality to forfeit the revenue that it would have been entitled to receive during this period of time when the commissioner had no knowledge of the action.
(b) (i) Except as otherwise provided in subparagraph (ii) of this paragraph, if any funds have been erroneously disbursed to any municipality or any overpayment of tax is recovered by the taxpayer, the commissioner may make correction and adjust the error or overpayment with the municipality by withholding the necessary funds from any later payment to be made to the municipality.
(ii) Subject to the provisions of Sections 27-65-51 and 27-65-53, if any funds have been erroneously disbursed to a municipality under subsection (1) of this section for a period of three (3) years or more, the maximum amount that may be recovered or withheld from the municipality is the total amount of funds erroneously disbursed for a period of three (3) years beginning with the date of the first erroneous disbursement. However, if during such period, a municipality provides written notice to the Department of Revenue indicating the erroneous disbursement of funds, then the maximum amount that may be recovered or withheld from the municipality is the total amount of funds erroneously disbursed for a period of one (1) year beginning with the date of the first erroneous disbursement.
SECTION 14. Section 75-79-29, Mississippi Code of 1972, is amended as follows:
75-79-29. The commissioner shall have power to issue subpoenas to compel the attendance of witnesses and the production of documents, papers, books, records and other evidence before him in any matter over which it has jurisdiction, control or supervision pertaining to this chapter.
The commissioner or any agent designated by him, may administer oaths and affirmations, examine witnesses and receive evidence. Such attendance of witnesses and the production of such evidence may be required from any place in the state at any designated place of hearing.
If any person refuses to
obey any such subpoena, or to give testimony, or to produce evidence as
required thereby, any judge * * * of the * * * inferior courts of the Capitol Complex Improvement District
may, upon application and proof of such refusal, make an order awarding process
of subpoena, or subpoena duces tecum, out of the court, for the witness to
appear before the commissioner and to give testimony, and to produce evidence
as required thereby. Upon filing such order in the office of the clerk of the
court or the office of the clerk of such chancery court, the clerk shall issue
process of subpoena, as directed, under the seal of the court, requiring the person
to whom it is directed, to appear at the time and place therein designated.
If any person served with
any such subpoena shall refuse to obey the same, and to give testimony, and to
produce evidence as required thereby, the commissioner may apply to any judge * * * of the inferior courts of the Capitol
Complex Improvement District for an attachment against such person, as for
a contempt. The judge or chancellor, upon satisfactory proof of such refusal,
shall issue an attachment, directed to any sheriff, constable or police
officer, for the arrest of such person, and upon his being brought before such
judge, proceed to a hearing of the case. The judge or chancellor shall have
power to enforce obedience to such subpoena and the answering of any question,
and the production of any evidence, that may be proper by imposition of a fine,
not exceeding Five Hundred Dollars ($500.00), or by imprisonment in the county
jail, or by both imposition of a fine and imprisonment, and to compel such
witness to pay the costs of such proceeding.
SECTION 15. Section 63-19-29, Mississippi Code of 1972, is amended as follows:
63-19-29. The administrator shall have power to issue subpoenas to compel the attendance of witnesses and the production of documents, papers, books, records and other evidence before him in any matter over which he has jurisdiction, control or supervision pertaining to this chapter. The administrator shall have the power to administer oaths and affirmations to any person whose testimony is required.
If any person shall refuse
to obey any such subpoena, or to give testimony, or to produce evidence as
required thereby, any judge * * * of the inferior courts of the Capitol Complex
Improvement District may, upon application and proof of such refusal, make
an order awarding process of subpoena, or subpoena duces tecum, out of said
court, for the witness to appear before the administrator and to give
testimony, and to produce evidence as required thereby. Upon filing such order
in the office of the clerk of the said chancery court, the clerk shall issue
process of subpoena, as directed, under the seal of said court, requiring the
person to whom it is directed, to appear at the time and place therein designated.
If any person served with any
such subpoena shall refuse to obey the same, and to give testimony, and to
produce evidence as required thereby, the administrator may apply to any judge * * * of the inferior courts of the Capitol Complex
Improvement District for an attachment against such person, as for a contempt.
The judge, or chancellor, upon satisfactory proof of such refusal, shall issue
an attachment, directed to any sheriff, constable or police officer, for the
arrest of such person, and upon his being brought before such judge, proceed to
a hearing of the case. The judge, or chancellor, shall have power to enforce
obedience to such subpoena, and the answering of any question, and the
production of any evidence, that may be proper by imposition of a fine, not
exceeding One Hundred Dollars ($100.00), or by imprisonment in the county jail,
or by both imposition of a fine and imprisonment, and to compel such witness to
pay the costs of such proceeding to be taxed.
SECTION 16. Section 79-11-289, Mississippi Code of 1972, is amended as follows:
79-11-289. (1) If a
corporation does not allow a member who complies with Section 79-11-285(1) to
inspect and copy any records required by that subsection to be available for
inspection, the chancery court in the county where the corporation's principal
office is located, or the * * * Chancery Court of the First Judicial District of Hinds County,
Mississippi, inferior courts of the Capitol Complex Improvement District
if the corporation does not have a principal office in this state, may
summarily order inspection and copying of the records demanded at the corporation's
expense upon application of the member.
(2) If a corporation does
not within a reasonable time allow a member to inspect and copy any other
record, the member who complies with Section 79-11-285(2) and (3) may apply to
the chancery court in the county where the corporation's principal office is
located, or the * * *
inferior courts of the Capitol Complex Improvement District if the
corporation does not have a principal office in this state, for an order to
permit inspection and copying of the records demanded. The court shall dispose
of an application under this subsection on an expedited basis.
(3) If the court orders inspection and copying of the records demanded, it shall also order the corporation to pay the member's costs (including reasonable attorney's fees) incurred to obtain the order unless the corporation proves that it refused inspection in good faith because it had a reasonable basis for doubt about the right of the member to inspect the records demanded.
(4) If the court orders inspection and copying of the records demanded, it may impose reasonable restrictions on the use or distribution of the records by the demanding member.
SECTION 17. Section 83-6-41, Mississippi Code of 1972, is amended as follows:
83-6-41. (1) Any person
aggrieved by any act, determination, rule, regulation or order or any other
action of the commissioner pursuant to this chapter may appeal to the * * * of the inferior courts of the Capitol Complex Improvement District.
(2) The filing of an appeal pursuant to this section shall stay the application of any such rule, regulation, order or other action of the commissioner to the appealing party unless the court, after giving such party notice and an opportunity to be heard, determines that such a stay would be detrimental to the interests of policyholders, shareholders, creditors or the public.
(3) Any person aggrieved by
any failure of the commissioner to act or make a determination required by this
chapter may petition the * * * Chancery Court of the First Judicial District of Hinds County
of the inferior courts of the Capitol Complex Improvement District for a
writ in the nature of a mandamus or a peremptory mandamus directing the commissioner
to act or make such determination forthwith.
SECTION 18. Section 79-4-16.04, Mississippi Code of 1972, is amended as follows:
79-4-16.04. (a) If a
corporation does not allow a shareholder who complies with Section 79-4-16.02(a)
to inspect and copy any records required by that subsection to be available for
inspection, the chancery court of the county where the corporation's principal
office is located, or the * * * inferior courts of the Capitol Complex Improvement
District if the corporation does not have a principal office in this state,
may summarily order inspection and copying of the records demanded at the
corporation's expense upon application of the shareholder.
(b) If a corporation does
not within a reasonable time allow a shareholder to inspect and copy any other
record, the shareholder who complies with Section 79-4-16.02(b) and (c) may
apply to the chancery court in the county where the corporation's principal
office is located, or the * * * Chancery Court of the First Judicial District of Hinds County,
Mississippi, inferior courts of the Capitol Complex Improvement District
if the corporation does not have a principal office in this state, for an order
to permit inspection and copying of the records demanded. The court shall
dispose of an application under this subsection on an expedited basis.
(c) If the court orders inspection and copying of the records demanded, it shall also order the corporation to pay the shareholder's costs (including reasonable counsel fees) incurred to obtain the order unless the corporation proves that it refused inspection in good faith because it had a reasonable basis for doubt about the right of the shareholder to inspect the records demanded.
(d) If the court orders inspection and copying of the records demanded, it may impose reasonable restrictions on the use or distribution of the records by the demanding shareholder.
SECTION 19. Section 41-26-31, Mississippi Code of 1972, is amended as follows:
41-26-31. (1) If the
director finds any person guilty of a violation of this chapter, any rule or
regulation or written order of the director or any condition or limitation of
an approval, the director may assess and levy a civil penalty of not more than
Twenty-five Thousand Dollars ($25,000.00) for each violation, except as
provided in Section 41-26-8(3). Each day of a continuing violation is a separate
violation. Any penalty shall be assessed and levied by the director after a
hearing as provided in this chapter. Appeals from the imposition of the civil
penalty may be taken to the * * * inferior courts of the Capitol Complex Improvement District
or the chancery court of the county of the situs, in whole or in part, as
provided in Section 41-26-15. If the appellant desires to stay the execution
of a civil penalty assessed under this section, the appellant shall give bond
with sufficient sureties of one or more guaranty or surety companies authorized
to do business in this state, payable to the State of Mississippi, in an amount
equal to double the amount of any civil penalty assessed by the director, as to
which the stay of execution is desired. If the judgment is affirmed, the
appellant shall pay all costs of the assessment entered against the appellant.
(2) In addition to or in lieu
of the penalty provided in subsection (1) of this section, the director may
institute and maintain in the name of the state any proceedings necessary or
appropriate to enforce this chapter, any rule or regulation or written order of
the director or any condition or limitation of an approval. The proceedings
may be filed and heard in the appropriate circuit, chancery, county or justice
court of the county in which venue may lie, or in the * * * inferior courts of the Capitol Complex Improvement
District as the case may be. The director may obtain mandatory or
prohibitory injunctive relief, either temporary or permanent. In cases of
imminent and substantial hazard or endangerment, it shall not be necessary that
the state plead or prove: (a) that irreparable damage would result if the
injunction did not issue; (b) that there is no adequate remedy at law; or (c)
that a written order has first been issued for the alleged violation.
(3) In determining the amount of any penalty under this section, the director shall consider at a minimum:
(a) The willfulness of the violation;
(b) Costs of restoration and abatement;
(c) Economic benefit as a result of noncompliance;
(d) The seriousness of the violation, including any harm or hazard to the public health and welfare; and
(e) Past performance history.
(4) (a) The owner of any public water system found in violation of this chapter may submit to the director a plan for:
(i) The physical consolidation of the system with one or more other viable public water systems;
(ii) The consolidation of significant management and administrative functions of the system with one or more other viable public water systems or contract or satellite management of the system; or
(iii) The transfer of ownership of the system.
(b) If the director approves the plan and the plan is fully implemented as determined by the director, the director shall waive any penalty assessed under this section for a violation identified in the approved plan before the date on which the action specified in the approved plan was completed.
(5) (a) In addition to or in lieu of any other penalty imposed under this section, the director may require the owner of any public water system found in violation to provide a performance bond or other acceptable financial security instrument including, but not limited to, cash, negotiable bonds of the United States government or the state, or negotiable certificates of deposit or a letter of credit of any bank organized or transacting business in the state and insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or a similar federal banking or savings and loan insurance organization to the department. The bond or financial security must be approved by the director. The purpose of the bond or other financial security shall be the protection of the health and welfare of the customers of the system. The board shall establish by regulation the acceptable forms of financial security and the amount of financial security required for the various types and sizes of facilities. The director shall notify the owner, in writing, of the form and amount of security required.
(b) The director may
petition the * * * inferior courts
of the Capitol Complex Improvement District for forfeiture of the bond or
other financial security, if the director determines that:
(i) The continued operation or lack of operation of the system covered by this section represents a threat to the public health and welfare;
(ii) All reasonable and practical efforts under the circumstances have been made to obtain corrective actions from the violators; and
(iii) It does not appear that corrective actions can or will be taken within an appropriate time as determined by the director, or it appears the facility has been abandoned.
(c) The proceeds of any forfeiture shall be deposited in the Public Water Systems Bond Operations Account of the Public Water Systems Assistance Fund and shall be used as ordered by the court to address or correct the noncompliance at the system. The proceeds shall be in addition to any other funds otherwise appropriated to the department and may be expended under the authority of this section without additional action of the Legislature or the Department of Finance and Administration.
(d) If the court finds that a system has been abandoned or that services of a system have been terminated, the court may enter any orders regarding continued operations of that system as it deems necessary to protect the public health and welfare.
(6) (a) Any penalty assessed by the director under this section shall be due and payable within thirty (30) days after notification of the violator of the order, and shall be due and payable jointly or severally, as the order may require or allow.
(b) If the assessed
penalty is not paid within the thirty (30) days, or within any additional time
as the director may allow, the director may file suit in the * * *
inferior courts of the Capitol Complex Improvement District or any other
court with appropriate jurisdiction to enforce the order, collect the penalty
and recover reasonable attorney's fees and all court costs.
(c) A copy of the administrative order shall be sufficient proof as to the decision of the director.
(7) All fines and penalties recovered or collected by the director under subsection (1) of this section shall be deposited in the Public Water Systems Technical Assistance Account of the Public Water Systems Assistance Fund.
SECTION 20. Section 75-71-602, Mississippi Code of 1972, is amended as follows:
75-71-602. Investigations and subpoenas. (a) Authority to investigate. The administrator may:
(1) Conduct public or private investigations within or outside of this state which the administrator considers necessary or appropriate to determine whether a person has violated, is violating, or is about to violate this chapter or a rule adopted or order issued under this chapter, or to aid in the enforcement of this chapter or in the adoption of rules and forms under this chapter;
(2) Require or permit a person to testify, file a statement, or produce a record, under oath or otherwise as the administrator determines, as to all the facts and circumstances concerning a matter to be investigated or about which an action or proceeding is to be instituted; and
(3) Publish a record concerning an action, proceeding, or an investigation under, or a violation of, this chapter or a rule adopted or order issued under this chapter if the administrator determines it is necessary or appropriate in the public interest and for the protection of investors.
(b) Administrator powers to investigate. For the purpose of an investigation under this chapter, the administrator or its designated officer may administer oaths and affirmations, subpoena witnesses, seek compulsion of attendance, take evidence, require the filing of statements, and require the production of any records that the administrator considers relevant or material to the investigation.
(c) Procedure and
remedies for noncompliance. If a person does not appear or refuses to
testify, file a statement, produce records, or otherwise does not obey a subpoena
as required by the administrator under this chapter, the administrator may
apply to the * * * inferior
courts of the Capitol Complex Improvement District or a court of another state
to enforce compliance. The court may:
(1) Hold the person in contempt;
(2) Order the person to appear before the administrator;
(3) Order the person to testify about the matter under investigation or in question;
(4) Order the production of records;
(5) Grant injunctive relief, including restricting or prohibiting the offer or sale of securities or the providing of investment advice; and
(6) Grant any other necessary or appropriate relief.
(d) Application for relief.
This section does not preclude a person from applying to the * * * inferior courts of the Capitol Complex Improvement
District or a court of another state for relief from a request to appear, testify,
file a statement, produce records, or obey a subpoena.
(e) Use immunity procedure.
An individual is not excused from attending, testifying, filing a statement,
producing a record or other evidence, or obeying a subpoena of the administrator
under this chapter or in an action or proceeding instituted by the administrator
under this chapter on the ground that the required testimony, statement,
record, or other evidence, directly or indirectly, may tend to incriminate the
individual or subject the individual to a criminal fine, penalty, or forfeiture.
If the individual refuses to testify, file a statement, or produce a record or
other evidence on the basis of the individual's privilege against self-incrimination,
the administrator may apply to the * * * inferior courts of the Capitol Complex Improvement
District to compel the testimony, the filing of the statement, the
production of the record, or the giving of other evidence. The testimony,
record, or other evidence compelled under such an order may not be used,
directly or indirectly, against the individual in a criminal case, except in a
prosecution for perjury or contempt or otherwise failing to comply with the
order.
(f) Assistance to securities regulator of another jurisdiction. At the request of the securities regulator of another state or a foreign jurisdiction, the administrator may provide assistance if the requesting regulator states that it is conducting an investigation to determine whether a person has violated, is violating, or is about to violate a law or rule of the other state or foreign jurisdiction relating to securities matters that the requesting regulator administers or enforces. The administrator may provide the assistance by using the authority to investigate and the powers conferred by this section as the administrator determines is necessary or appropriate. The assistance may be provided without regard to whether the conduct described in the request would also constitute a violation of this chapter or other law of this state if occurring in this state. In deciding whether to provide the assistance, the administrator may consider whether the requesting regulator is permitted and has agreed to provide assistance reciprocally within its state or foreign jurisdiction to the administrator on securities matters when requested; whether compliance with the request would violate or prejudice the public policy of this state; and the availability of resources and employees of the administrator to carry out the request for assistance.
SECTION 21. Section 73-73-33, Mississippi Code of 1972, is amended as follows:
73-73-33. Within thirty (30)
days after entry of a final order or judgment denying or revoking a certificate
to practice as a Certified Interior Designer, whether an initial licensure or
renewal, or action of the board as a result of disciplinary proceedings
conducted under this section, any person aggrieved may appeal the order, judgment
or action either to the chancery court of the county in which the appellant resides
or to the * * * inferior
courts of the Capitol Complex Improvement District upon giving bond with
sufficient security in the amount of Five Hundred Dollars ($500.00), approved
by the clerk of the chancery court and conditioned to pay any costs which may
be adjudged against the person. If the appellant is a nonresident of this state,
the appeal shall be made to the * * * inferior courts of the Capitol Complex Improvement
District.
Notice of appeal shall be filed in the office of the clerk of the chancery court, who shall issue a writ of certiorari directed to the board commanding it, within ten (10) days after service, to certify to the court its entire record in the matter in which the appeal has been taken. The content of the briefs shall be in accordance with M.R.A.P. 28 and the briefing schedule shall be in accordance with M.R.A.P. 31 unless the court, in its discretion, directs otherwise. The appeal shall be heard in due course by the court, and the court shall review the record and make its determination of the cause between the parties within sixty (60) days of the close of briefing.
Any order, judgment or decision of the board shall not take effect until after the time for appeal to the court shall have expired. All appeals perfected under this section shall act as a supersedeas of the order, judgment or action appealed from.
SECTION 22. Section 9-9-15, Mississippi Code of 1972, is brought forward as follows:
9-9-15. (1) In order to
relieve the crowded condition of the docket in the county court and in the youth
court of the irst Judicial District
of Hinds County and particularly to facilitate and make possible the trial and
disposition of the large number of causes on said docket and in the youth
court, there shall be three (3) county judges for Hinds County, Mississippi, provided
for and elected as herein set out.
(2) For purposes of appointment, nomination and election, the three (3) judgeships shall be separate and distinct, the presently existing judgeship and its succession to be denominated for purposes of appointment, nomination and election only as Place One, Place Two and Place Three. There shall be no distinction whatsoever in the powers, duties and emoluments of the three (3) offices of county judge, except that the county judge of Hinds County who has been for the longest time continuously a county judge of said county, shall have the right to assign causes, terms and dockets.
(3) While there shall be no limitation whatsoever upon the powers and duties of the said county judges other than as cast upon them by the constitution and laws of this state, the county court in Hinds County may, in the discretion of the county judge who has been for the longest time continuously a judge of said court, be divided into civil, criminal and youth court divisions as a matter of convenience, by the entry of an order upon the minutes of the court.
SECTION 23. Section 83-5-49, Mississippi Code of 1972, is amended as follows:
83-5-49. Any person who willfully violates a cease and desist order of the commissioner under Section 83-5-41, after it has become final, and while such order is in effect, shall, upon proof thereof to the satisfaction of the court, forfeit and pay to the commissioner for the use of the public schools of the county or counties in which the act or acts complained of occurred, a sum to be determined by the commissioner not to exceed One Thousand Dollars ($1,000.00) for each violation, which if not paid may be recovered in a civil action instituted in the name of the commissioner in a court of competent jurisdiction in the county of the residence of such person who is a resident of the state. In the case of a nonresident, the action shall be brought in a court of competent jurisdiction in Hinds County.
In addition to or in lieu of
the penalty set out above, the commissioner may revoke or suspend the license
of such person to transact the business of insurance in this state, but from
any order of the commissioner revoking or suspending such license, there shall
be a right of appeal therefrom to the * * * inferior courts of the Capitol Complex Improvement District
in the manner provided by law.
SECTION 24. Section 73-63-49, Mississippi Code of 1972, is amended as follows:
73-63-49. Except as provided
in Section 73-63-43(10), any person aggrieved by an action of the board revoking
that person's certificate of registration or certificate of enrollment as a geologist-in-training
or denying the renewal of registration as a professional geologist, or who is aggrieved
by the action of the board as a result of disciplinary proceedings conducted under
Section 73-63-43 may appeal to the chancery court of the county in which the appellant
resides or the * * * inferior courts
of the Capitol Complex Improvement District at the election of the appellant.
If the appellant is a nonresident of this state, the appeal shall be made to the * * *
inferior courts of the Capitol Complex Improvement District. The appeal
shall be perfected before the board by the filing with the board of a notice of
appeal to the chancery court. The notice of appeal shall be filed not later than
thirty (30) days after the decision of the board is forwarded to the guilty party.
All appeals perfected under this section shall act as a supersedeas, and shall be made to the chancery court solely upon the record made before the board during the disciplinary hearing. The appellant shall be required to post a bond with sufficient sureties according to law in an amount to be determined by the chancellor. When the appeal is properly perfected, the board shall cause the record of the proceedings conducted before it to be compiled, certified and filed with the chancery court. The chancery court shall always be deemed open for hearing of appeals and the chancellor may hear the appeal in termtime or in vacation at any place in the chancellor's district. The appeal shall have precedence over all civil cases, except election contests. The chancery court shall review all questions of law and of fact. If no prejudicial error is found, the matter shall be affirmed and remanded to the board for enforcement. If a prejudicial error is found, the matter shall be reversed and the chancery court shall remand the matter to the board for appropriate action as may be shown or necessary under the circumstances. Appeals may be taken from the chancery court to the Supreme Court in the manner as required by law.
SECTION 25. Section 83-17-521, Mississippi Code of 1972, is amended as follows:
83-17-521. Any person
aggrieved by any action or decision of the commissioner under the provisions of
this article may appeal therefrom to the * * * inferior courts of the Capitol Complex Improvement District
in the manner provided by law. The circuit court shall have the authority and
jurisdiction to hear the appeal and render its decision in regard thereto in
termtime or vacation.
SECTION 26. Section 83-38-19, Mississippi Code of 1972, is amended as follows:
83-38-19. Any person
insured pursuant to this chapter, or his representative, or any affected
insurer who may be aggrieved by an act, ruling, or decision of the association,
within thirty (30) days after such ruling, is entitled to appeal to the
commissioner. A hearing before the commissioner upon such appeal shall be in
accordance with the procedures promulgated by the commissioner. The
commissioner is authorized to appoint a member of the Insurance Department staff
for the purpose of hearing such appeals, and a ruling based upon such hearing
shall have the same effect as if heard by the commissioner. All persons or
insureds aggrieved by any order or decision of the commissioner may appeal,
within thirty (30) days of such order or decision to the * * * inferior courts of the Capitol Complex Improvement District.
SECTION 27. Section 83-6-35, Mississippi Code of 1972, is amended as follows:
83-6-35. Whenever it
appears to the commissioner that any insurer or any director, officer, employee
or agent thereof has committed a willful violation of this chapter, the commissioner
may cause criminal proceedings to be instituted in the court having criminal
jurisdiction for the county in which the principal office of the insurer is
located, or if such insurer has no such office in the state, then in the * * *
inferior courts of the Capitol Complex Improvement District against such
insurer or the responsible director, officer, employee or agent thereof. Any
insurer which willfully violates this chapter may be fined not more than Five Hundred
Dollars ($500.00). Any individual who willfully violates this chapter upon
conviction may be fined not more than Five Hundred Dollars ($500.00), or if
such willful violation involves the deliberate perpetration of a fraud, may be imprisoned
in the State Penitentiary for not more than two (2) years, or both.
SECTION 28. Section 83-17-423, Mississippi Code of 1972, is amended as follows:
83-17-423. Any person
aggrieved by any action or decision of the Commissioner of Insurance under the
provisions of this article may appeal therefrom to the * * *
inferior courts of the Capitol Complex Improvement District in the
manner provided by law. The circuit court shall have the authority and jurisdiction
to hear the appeal and render its decision in regard thereto in termtime or vacation.
SECTION 29. Section 73-43-17, Mississippi Code of 1972, is amended as follows:
73-43-17. Unless otherwise
provided for by law, the venue of actions against the state board of medical
licensure wherein said board is a defendant shall be the * * *
inferior courts of the Capitol Complex Improvement District.
SECTION 30. Section 69-7-667, Mississippi Code of 1972, is amended as follows:
69-7-667. (1) The commissioner is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rule or regulation promulgated under this article, notwithstanding the existence of other remedies at law. Said injunction shall be issued without bond.
(2) Any person adversely
affected by an act, order or ruling made by the commissioner pursuant to the
provisions of this article may, within forty-five (45) days thereafter, bring
action in the * * * inferior courts of
the Capitol Complex Improvement District for judicial review of such actions.
The form of the proceeding shall be any which may be provided by statutes of
this state to review decisions of administrative agencies, or in the absence or
inadequacy thereof any applicable form of legal action, including actions for declaratory
judgments or writs of prohibitory or mandatory injunctions.
SECTION 31. Section 51-9-209, Mississippi Code of 1972, is amended as follows:
51-9-209. All bonds (other
than refunding bonds, interim notes and certificate of indebtedness) issued pursuant
to this act shall be validated as now provided by law in Sections 31-13-1
through 31-13-11, Mississippi Code of 1972; provided, however, that notice of
such validation proceedings shall be addressed to the taxpayers of any public
agency (i) which has contracted with the district pursuant to this act and
whose contracts and the payments to be made by the public agency thereunder
constitute security for the bonds of the district proposed to be issued, or (ii)
which is a member of the district. Such notice shall be published at least once
in a newspaper or newspapers having a general circulation within the geographical
boundaries of each of the public agencies to whose taxpayers the notice is
addressed. Such validation proceedings shall be instituted in the * * * inferior courts of the Capitol Complex Improvement District.
The validity of the bonds so validated and of the contracts and payments to be
made by the public agencies thereunder constituting security for the bonds shall
be forever conclusive against the district and the public agencies which are
parties to said contracts; and the validity of said bonds and said contracts
and the payment to be made thereunder shall never be called in question in any
court in this state.
SECTION 32. Section 73-69-33, Mississippi Code of 1972, is amended as follows:
73-69-33. Any person
aggrieved by any action or decision of the State Fire Marshal under the
provisions of this chapter may appeal therefrom, within thirty (30) days after
receipt of notice thereof to the * * * inferior courts of the Capitol Complex Improvement
District in the manner provided by law. Such appeal shall be without
supersedeas except that the court may grant supersedeas as otherwise provided
by law here the license is revoked. The court shall have the authority and
jurisdiction to hear the appeal and render its decision in regard thereto in termtime
or vacation.
SECTION 33. Section 81-27-7.105, Mississippi Code of 1972, is amended as follows:
81-27-7.105. Administrative
orders issued by the commissioner and civil money penalties imposed for
violation of such orders shall be subject to review by the * * * inferior courts of the Capitol Complex Improvement District.
SECTION 34. Section 43-33-755, Mississippi Code of 1972, is amended as follows:
43-33-755. Any action or
proceeding to which the corporation or the people of the state may be a part in
which any question arises as to the validity of this article shall be preferred
over all other civil causes in all courts of the state and shall be heard and
determined in preference to all other civil business pending therein
irrespective of position on the calendar. The same preference shall be granted
upon application of counsel to the corporation in any action or proceeding
questioning the validity of the article in which he may be allowed to
intervene. The venue of any such action or proceeding shall be in the * * *
inferior courts of the Capitol Complex Improvement District.
SECTION 35. Section 43-33-741, Mississippi Code of 1972, is amended as follows:
43-33-741. The state does
hereby pledge to and agree with the holders of any bonds or notes issued under
this article that the state will not limit or alter the rights hereby vested in
the corporation to fulfill the terms of any agreements made with the holders
thereof in keeping with the provisions of this article, or in any way impair
the rights and remedies of such holders until such bonds or notes together with
the interest thereon, with interest on any unpaid installments of interest, and
all costs and expenses in connection with any action or proceedings by or on
behalf of such holders, are fully met and discharged. The corporation is
authorized to include this pledge and agreement of the state in any agreement
with the holders of such bonds or notes. The chancery court shall have
jurisdiction of any suit, action or proceeding by the trustee on behalf of
bondholders or noteholders. The venue of any such suit, action or proceeding
shall be in the * * * inferior courts of
the Capitol Complex Improvement District.
SECTION 36. Section 41-137-59, Mississippi Code of 1972, is amended as follows:
41-137-59. (1) Any person or entity aggrieved by a final decision or order of an agency under the provisions of this chapter may petition for judicial review of the final decision or order.
(2) (a) The petition shall
be filed within twenty (20) days after the issuance of the agency's final decision
or order. The petition shall be filed in the circuit court of the county in which
the appellant resides. If the appellant is a nonresident of this state, the appeal
shall be made to the * * * inferior
courts of the Capitol Complex Improvement District.
(b) Any person or entity aggrieved by the decision of the circuit court may appeal to the Mississippi Supreme Court.
SECTION 37. Section 41-9-309, Mississippi Code of 1972, is amended as follows:
41-9-309. Any applicant
aggrieved by a decision of the department under this act shall be entitled to
judicial review thereof in the * * *
inferior courts of the Capitol Complex Improvement District. In the
review, the decision of the department shall be affirmed unless it is
arbitrary, capricious, or it is not in compliance with this act.
SECTION 38. Section 73-1-31, Mississippi Code of 1972, is amended as follows:
73-1-31. Within thirty (30)
days after entry of a final order or judgment denying or revoking a certificate
to practice architecture, whether an initial licensure or renewal, or action of
the board as a result of disciplinary proceedings conducted under this section,
any person aggrieved thereby may appeal such order, judgment or action either
to the chancery court of the county wherein the appellant resides or to the * * * inferior courts of the Capitol Complex Improvement
District upon giving bond with sufficient security in the amount of Five
Hundred Dollars ($500.00), approved by the clerk of the chancery court and
conditioned to pay any costs which may be adjudged against such person. If the
appellant is a nonresident of this state, the appeal shall be made to the * * * inferior courts of the Capitol Complex Improvement
District.
Notice of appeal shall be filed in the office of the clerk of the chancery court, who shall issue a writ of certiorari directed to the board commanding it within ten (10) days after service thereof to certify to such court its entire record in the matter in which the appeal has been taken. The content of the briefs shall be in accordance with M.R.A.P. 28 and the briefing schedule shall be in accordance with M.R.A.P. 31 unless the court, in its discretion, directs otherwise. The appeal shall thereupon be heard in due course by the court, and the court shall review the record and make its determination of the cause between the parties within sixty (60) days of the close of briefing.
Any order, judgment or decision of the board shall not take effect until after the time for appeal to the court shall have expired. All appeals perfected hereunder shall act as a supersedeas of the order, judgment or action appealed from.
Actions taken by the board in suspending a certificate of registration when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a suspension of a certificate that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.
SECTION 39. Section 41-21-81, Mississippi Code of 1972, is amended as follows:
41-21-81. If at any time
within twenty (20) days after admission of a patient to a treatment facility the
director determines that the patient is in need of continued hospitalization,
he shall give written notice of his findings, together with his reasons for
such findings, to the respondent, the patient's attorney, the clerk of the admitting
court and the two (2) nearest relatives or guardian of the patient, if the addresses
of such relatives or guardian are known. The patient, or any aggrieved relative
or friend or guardian shall have sixty (60) days from the date of such notice
to request a hearing on the question of the patient's commitment for further
treatment. The patient, or any aggrieved relative or guardian or friend, may
request a hearing by filing a written notice of request within such sixty (60) days
with the clerk of the county within which the facility is located; provided, however,
that the patient may request such a hearing in writing to any member of the
professional staff, which shall be forwarded to the director and promptly filed
with the clerk of the county within which the facility is located and provided
further that if the patient is confined at the Mississippi State Hospital,
Whitfield, Mississippi, said notice of request shall be filed with the * * * inferior courts of the Capitol Complex Improvement
District. A copy of the notice of request must be filed by the patient or
on his behalf with the director and the chancery clerk of the admitting court.
The notice of the need for continued hospitalization shall be explained to the
patient by a member of the professional staff and the explanation documented in
the clinical record. At the same time the patient shall be advised of his
right to request a hearing and of his right to consult a lawyer prior to
deciding whether to request the hearing, and the fact that the patient has been
so advised shall be documented in the clinical record. Hearings held pursuant
to this section shall be held in the chancery court of the county where the
facility is located; provided, however, that if the patient is confined at the
Mississippi State Hospital at Whitfield, Mississippi, the hearing shall be conducted
by the * * * inferior
courts of the Capitol Complex Improvement District.
SECTION 40. Section 55-23-6, Mississippi Code of 1972, is brought forward as follows:
55-23-6. (1) From and after March 16, 2011:
(a) (i) The Department of Finance and Administration as managing agency for the Mississippi Veterans Memorial Stadium, upon consultation with Jackson State University and the Department of Health, shall transfer the operational, administrative and managing powers and duties over the Mississippi Veterans Memorial Stadium to Jackson State University, subject to an agreement reached by the Department of Finance and Administration, Jackson State University and the University of Mississippi Medical Center.
(ii) The Department of Finance and Administration as managing agency for the Mississippi Veterans Memorial Stadium, upon consultation with Jackson State University, the University of Mississippi Medical Center and the Department of Health, shall transfer the real property located in Hinds County, Mississippi, generally known as the "Mississippi Veterans Memorial Stadium Property," being any property under the jurisdiction of the Department of Finance and Administration as of July 1, 2008, and any other state-owned property located in the area bounded on the north by Taylor Street, on the west by North West Street, on the south by Woodrow Wilson Avenue and on the east by North State Street used as part of or in connection with the Mississippi Veterans Memorial Stadium, to Jackson State University and the University of Mississippi Medical Center in accordance with the provisions of this section and Sections 55-23-8 and 55-23-9 and subject to an agreement reached by the Department of Finance and Administration, the University of Mississippi Medical Center and the developer of the property with whom the Department of Finance and Administration entered into a development lease agreement on July 13, 1993, as amended by an agreement on August 19, 1994, less and except any portion of real property excluded from the development agreement pursuant to a settlement agreement issued in the Circuit Court of Hinds County, Mississippi, on September 16, 2009, better described as Parcel B recorded in Book 4216, page 330, at Hinds County Courthouse, First Judicial District, Jackson, Mississippi;
(b) (i) The property that is the subject of the development agreement entered into on July 13, 1993, as amended by an agreement on August 19, 1994, less and except any portion of real property excluded from the development agreement pursuant to a settlement agreement issued in the Circuit Court of Hinds County, Mississippi, on September 16, 2009, better described as Parcel B recorded in Book 4216, page 330, at Hinds County Courthouse, First Judicial District, Jackson, Mississippi, shall be transferred to the University of Mississippi Medical Center;
(ii) The remainder of the Mississippi Veterans Memorial Stadium Property shall be transferred from the Department of Finance and Administration to Jackson State University, until such time as Jackson State University relocates its home football games to another venue. Once Jackson State University relocates its home football games to another venue, the portion of Mississippi Veterans Memorial Stadium Property conveyed to Jackson State University under this subsection (1) shall be transferred to the University of Mississippi Medical Center. From and after March 16, 2011, and at the point Jackson State University assumes possession of an operation of the real property transferred in this paragraph, Jackson State University shall have a three-year option to transfer said property back to the State of Mississippi;
(c) All necessary records, property, funds and other assets of the Mississippi Veterans Memorial Stadium shall be transferred from the Department of Finance and Administration to Jackson State University and/or the University of Mississippi Medical Center as applicable, in proportion to the interests that each such entity retains in the real property transferred under paragraphs (a) and (b) of this subsection; and
(d) Unless otherwise provided in the provisions of this section and Sections 55-23-8 and 55-23-9, any personal service, management or other contracts of like nature entered into by the Department of Finance and Administration, as such may apply to the properties transferred under paragraphs (a) and (b) of this subsection, shall be transferred to, acknowledged and complied with by Jackson State University and the University of Mississippi Medical Center as applicable to the interests that each such entity retains in the real property transferred under paragraphs (a) and (b) of this subsection.
(2) Any agreement reached by the Department of Finance and Administration, the University of Mississippi Medical Center and the current developer shall comply with all requirements of this section and Sections 55-23-8 and 55-23-9.
(3) From and after March 16, 2011, wherever the term "Department of Finance and Administration," the term "Mississippi Veterans Memorial Stadium Commission" or the term "commission," when referring to the Mississippi Veterans Memorial Stadium Commission, appears in the laws of the state, the terms shall mean "Jackson State University" or the "University of Mississippi Medical Center," which shall be applicable to the interests that each such entity retains in the property transferred under subsection (1)(b) as stipulated in any agreement entered into by the Department of Finance and Administration, Jackson State University, the University of Mississippi Medical Center and the developer of the property for the transfer of such property and the administration and operations relating thereto.
SECTION 41. Section 73-33-11, Mississippi Code of 1972, is amended as follows:
73-33-11. (1) The Mississippi State Board of Public Accountancy may revoke, suspend, impose a civil penalty or take other appropriate action with respect to any license, practice privilege or permit issued pursuant to this chapter for any unprofessional conduct by the licensee or permit holder, or for other sufficient cause, provided written notice shall have been sent by certified mail to the holder thereof at holder's mailing address of record with the board, twenty (20) days before any hearing thereon, stating the cause for such contemplated action and appointing a day and a place for a full hearing thereon by the board, provided further, no certificate or license be cancelled or revoked until a hearing shall have been given to the holder thereof according to law. But, after such hearing, the board may, in its discretion, take action against any license, practice privilege or permit issued pursuant to this chapter. When payment of a civil penalty is assessed and levied by the board in accordance with this section, such civil penalty shall not exceed Five Thousand Dollars ($5,000.00) for each violation and shall be deposited into the special fund to the credit of the board.
(2) The members of the board are hereby empowered to sit as a trial board; to administer oaths (or affirmations); to summon any witness and to compel his attendance and/or his testimony, under oath (or affirmation) before the board or for purposes of deposition during any board authorized investigation; to compel the production of any book, paper or document by the owner or custodian thereof to a hearing or for purpose of investigation; and/or to compel any officer to produce, during investigation or at the hearing, a copy of any public record (not privileged from public inspection by law) in his official custody, certified to, by him. The board shall elect one (1) of its members to serve as clerk, to issue summons and other processes, and to certify copies of its records or, the board may delegate such duties to the executive director.
(3) The accused may appear in person and/or by counsel or, in the instance of a firm permit holder through its manager and/or counsel to defend such charges. If the accused does not appear or answer, judgment may be entered by default, provided the board finds that proper service was made on the accused.
(4) The minutes of the board shall be recorded in an appropriate minute book permanently maintained by the board at its office.
(5) In a proceeding conducted under this section by the board for disciplinary action, those reasonable costs that are expended by the board in the investigation and conduct of a proceeding for discipline, including, but not limited to, the cost of service of process, court reporters, expert witnesses, investigators and legal fees may be imposed by the board on the accused, the charging party or both.
(6) Such costs shall be
paid to the board upon the expiration of the period allowed for appeal of such
penalties under this section, or may be paid sooner if the guilty party elects.
Money collected by the board under this section shall be deposited to the
credit of the board's special fund in the State Treasury. When payment of a
monetary penalty assessed by the board under this section is not paid when due,
the board shall have the power to institute and maintain proceedings in its
name for enforcement of payment in the * * * inferior courts of the Capitol Complex Improvement
District or in the chancery court of the county where the respondent resides.
(7) In case of a decision
adverse to the accused, appeal shall be made within thirty (30) days from the
day on which the decision is made to the * * * inferior courts of the Capitol Complex Improvement
District or in the circuit court of the county in which the accused
resides. In the case of a nonresident licensee, the appeal shall be made to
the * * * inferior
courts of the Capitol Complex Improvement District. The order of the board
shall not take effect until the expiration of said thirty (30) days.
(8) In case of an appeal, bond for costs in the circuit court shall be given as in other cases; and the order of the board shall not take effect until such appeal has been finally disposed of by the court or courts.
(9) The board may, at any time, reinstate a license, practice privilege or permit if it finds that such reinstatement is justified.
(10) In addition to the reasons specified in the first paragraph of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or 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. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 42. Section 83-49-31, Mississippi Code of 1972, is amended as follows:
83-49-31. If the commissioner
finds that any prepaid legal services plan operator or its sponsor (a) has failed
to comply with any provision of this chapter; (b) is fraudulently operated; (c)
is in such condition as to render further plan operations hazardous to the public
interest or the interest of subscribers; (d) is financially unable to meet its
obligations and claims as they come due; or (e) has violated any other provision
of law, he may apply to the * * * inferior courts of the Capitol Complex Improvement
District for an injunction. The court may forthwith issue a temporary injunction
restraining the transaction of any business by the plan, and it may, after a
full hearing, make the injunction permanent, and appoint one or more receivers
to take the plan to settle its affairs, and distribute its funds to those
entitled thereto, subject to such rules and orders as the court may prescribe.
If it appears that a crime has been committed in connection with the sale,
advertisement, administration or management of any prepaid legal services plan,
the Attorney General of the State of Mississippi may pursue the appropriate
criminal action.
SECTION 43. Section 79-22-27, Mississippi Code of 1972, is amended as follows:
79-22-27. The Commissioner
of Agriculture and Commerce is authorized, in his discretion, to issue an order
to stop the sale or distribution of any product found to be in violation of this
chapter. Any order to stop the sale of any product regulated under the provisions
of this chapter may be appealed to the * * *
inferior courts of the Capitol Complex Improvement District or the chancery
court in the county where the violation occurred within thirty (30) days of
receipt of such order.
SECTION 44. Section 51-9-141, Mississippi Code of 1972, is amended as follows:
51-9-141. All bonds issued
pursuant to this article shall be validated as now provided by law by Sections
31-13-1 through 31-13-11, Mississippi Code of 1972. The services of the state's
bond attorney may be employed in the preparation of such bond resolutions,
forms, or proceedings as may be necessary, for which he shall be paid a
reasonable fee. Such validation proceedings shall be instituted in the * * * inferior courts of the Capitol Complex Improvement
District but notice of such validation proceedings shall be published at
least two times in a newspaper of general circulation and published in each of
the counties comprising the Pearl River Valley Water Supply District, the first
publication of which in each case shall be made at least ten days preceding the
date set for the validation.
SECTION 45. Section 75-89-21, Mississippi Code of 1972, is amended as follows:
75-89-21. (1) If the administrator believes, whether or not based upon an investigation conducted under Section 75-89-19, that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order hereunder, the administrator may seek any or all of the following remedies:
(a) Issue a cease and desist order with or without a prior hearing against the person(s) engaged in the prohibited activities, directing them to cease and desist from further illegal activity;
(b) Issue an order imposing an administrative penalty up to a maximum of Twenty-five Thousand Dollars ($25,000.00) for each offense and each violation shall be considered as a separate offense in a single proceeding or a series of related proceedings, to be paid to the administrator and requiring reimbursement to the administrator for all costs and expenses incurred in the investigation of the violation(s) and in the institution of administrative proceedings, if any, as a result thereof; or
(c) Initiate any of the actions specified in subsection (2) of this section.
(2) The administrator may
institute any or all of the following actions in the * * * inferior courts of the Capitol Complex Improvement
District or in the appropriate courts of another state, in addition to any
legal or equitable remedies otherwise available:
(a) An action for a declaratory judgment;
(b) An action for a prohibitory or mandatory injunction to enjoin the violation and to ensure compliance with this chapter or any rule or order of the administrator;
(c) An action for disgorgement; or
(d) An action for appointment of a receiver or conservator for the defendant or the defendant's assets.
SECTION 46. Section 81-27-6.104, Mississippi Code of 1972, is amended as follows:
81-27-6.104. (a) If a
hearing has been held, the commissioner has entered an order denying the
application, and the order has become final, the proposed transferee may appeal
the final order to the * * *
inferior courts of the Capitol Complex Improvement District.
(b) The filing of an appeal under this section does not stay the order of the commissioner.
SECTION 47. Section 89-12-41, Mississippi Code of 1972, is amended as follows:
89-12-41. Any person
aggrieved by a decision of the Treasurer or as to whose claim the Treasurer has
failed to act within ninety (90) days after the filing of the claim, may
commence an action in the * * * Circuit Court of the First Judicial District of Hinds County,
Mississippi, inferior courts of the Capitol Complex Improvement District
to establish his claim. The proceeding shall be brought within thirty (30)
days after the decision of the Treasurer or within sixty (60) days from the filing
of the claim if the Treasurer fails to act.
SECTION 48. Section 83-1-161, Mississippi Code of 1972, is amended as follows:
83-1-161. During the period
of supervision the insurer may contest an action taken or proposed to be taken by
the supervisor specifying the manner wherein the action being complained of
would not result in improving the condition of the insurer. Denial of the insurer's
request upon reconsideration entitles the insurer to appeal to the * * * inferior courts of the Capitol Complex Improvement District.
SECTION 49. Section 83-2-31, Mississippi Code of 1972, is amended as follows:
83-2-31. Any order issued
by the commissioner under this chapter may be appealed to the Chancery Court of
the * * * inferior courts of the Capitol Complex Improvement
District in the manner provided by law. Where the order of the commissioner
results in an increase or decrease in rates, any insurer affected thereby with
leave of court, pending final disposition of the proceedings in the court, may
continue to charge rates which were obtained prior to such order of decrease,
or may charge rates resulting from such order of increase on condition that the
difference in the premiums be deposited in a special account by the insurer or
paid to the holders of policies issued after the order of the commissioner, as
the court may determine.
SECTION 50. Section 77-11-5, Mississippi Code of 1972, is amended as follows:
77-11-5. (1) Pursuant to
the provisions of Section 77-3-75, * * * inferior courts of the Capitol Complex Improvement
District shall have jurisdiction to restrain violations of the Natural Gas
Pipeline Safety Standards adopted by both the United States Department of
Transportation and the Mississippi Public Service Commission, and to enforce,
by mandamus, injunction or other appropriate remedy, orders of said commission
adopting such standards. Whenever practicable, the commission shall give
notice to any person against whom an action for injunctive relief is
contemplated and afford him an opportunity to present his views, and, except in
the case of a knowing and willful violation, shall afford him reasonable
opportunity to achieve compliance. However, the failure to give such notice
and afford such opportunity shall not preclude the granting of appropriate
relief.
(2) In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this article, trial shall be by the court, or upon demand of the accused, by a jury and, upon demand of the accused, a jury trial for criminal contempt shall be transferred to the chancery court of the county in which the accused resides or has his principal place of business.
SECTION 51. Section 77-3-413, Mississippi Code of 1972, is amended as follows:
77-3-413. At any time
within ten (10) days of the entry of the order forfeiting or refusing to
forfeit such charter, the attorney general or the corporation may apply to the * * *
inferior courts of the Capitol Complex Improvement District for a writ
of certiorari, which, if granted, shall have the effect of transferring the
record of the last proceeding to the circuit court. The circuit court, or the
circuit judge in vacation, shall examine such record for errors of law. If the
said court shall find no errors of law, the order shall be affirmed. If errors
of law appear, the order shall be reversed and such reversal shall operate as a
stay of such order, and the cause shall be remanded to the commission with
directions for a new hearing, or dismissal, as the circuit court finds proper from
the examination of the record.
SECTION 52. Section 79-37-116, Mississippi Code of 1972, is amended as follows:
79-37-116. (a) If the
Secretary of State refuses to file a document delivered for filing, the
domestic or foreign entity that submitted the document for filing may appeal the
refusal within thirty (30) days after the return of the document to the * * * inferior courts of the Capitol Complex
Improvement District. The appeal is commenced by petitioning the court to
compel filing the document and by attaching to the petition the document and
the explanation of the Secretary of State for the refusal to file.
(b) The court may summarily order the Secretary of State to file the document or take other action the court considers appropriate.
(c) The court's final decision may be appealed as in other civil proceedings.
SECTION 53. Section 79-11-117, Mississippi Code of 1972, is amended as follows:
79-11-117. (1) If the
Secretary of State refuses to file a document delivered for filing to the
Secretary of State's office, the domestic or foreign corporation may appeal the
refusal to the chancery court in the county where the corporation's principal office
is or will be located, or the * * * inferior courts of the Capitol Complex Improvement
District if the corporation does not have a principal office in this
state. The appeal is commenced by petitioning the court to compel filing the
document and by attaching to the petition the document and the Secretary of
State's explanation of the refusal to file.
(2) The court may summarily order the Secretary of State to file the document or take other action the court considered appropriate.
(3) The court's final decision may be appealed as in other civil proceedings.
SECTION 54. Section 79-11-353, Mississippi Code of 1972, is amended as follows:
79-11-353. (1) The Secretary of State, upon denying a corporation's application for reinstatement following administrative dissolution, shall serve the corporation with a written notice that explains the reason or reasons for denial.
(2) The corporation may
appeal the denial of reinstatement to the chancery court of the county where
the corporation's principal office is or was located, or in the * * * inferior courts of the Capitol Complex Improvement
District if the corporation does not have a principal office in this state,
within ninety (90) days after service of the notice of denial is perfected. The
corporation appeals by petitioning the court to set aside the dissolution and
attaching to the petition copies of the Secretary of State's certificate of
dissolution, the corporation's application for reinstatement and the Secretary
of State's notice of denial.
(3) The court may summarily order the Secretary of State to reinstate the dissolved corporation or may take other action the court considers appropriate.
(4) The court's final decision may be appealed as in other civil proceedings.
SECTION 55. Section 79-11-357, Mississippi Code of 1972, is amended as follows:
79-11-357. (1) Venue for a
proceeding to dissolve a corporation lies in the county where a corporation's
principal office is or was located, or in the * * * inferior courts of the Capitol Complex Improvement
District if the corporation does not have a principal office in this state.
(2) It is not necessary to make directors or members parties to a proceeding to dissolve a corporation unless relief is sought against them individually.
(3) A court in a proceeding brought to dissolve a corporation may issue injunctions, appoint a receiver or custodian pendente lite with all powers and duties the court directs, take other action required to preserve the corporate assets wherever located and carry on the activities of the corporation until a full hearing can be held.
SECTION 56. Section 79-11-389, Mississippi Code of 1972, is amended as follows:
79-11-389. (1) A foreign
corporation may appeal the Secretary of State's revocation of its certificate
of authority to the * * *
inferior courts of the Capitol Complex Improvement District or the
chancery court of the county where the corporation's principal office is
located within thirty (30) days after the service of the certificate of revocation
is perfected under Section 79-11-381. The foreign corporation applies by
petitioning the court to set aside the revocation and attaching to the petition
copies of its certificate of authority and the Secretary of State's certificate
of revocation.
(2) The court may summarily order the Secretary of State to reinstate the certificate of authority or may take any other action the court considers appropriate.
(3) The court's final decision may be appealed as in other civil proceedings.
SECTION 57. Section 41-43-7, Mississippi Code of 1972, is amended as follows:
41-43-7. (1) The Secretary of State may impose, following notice and an opportunity for a hearing, monetary penalties not to exceed One Thousand Dollars ($1,000.00) per occurrence for any violation of this chapter or any rule, regulation or order issued by the Secretary of State.
(2) Any person aggrieved by
a final order of the Secretary of State may obtain a review of the order in the * * * inferior courts of the Capitol Complex Improvement
District by filing in the court, within thirty (30) days after the entry of
the order, a written petition praying that the order be modified or set aside,
in whole or in part. A copy of the petition shall be forthwith served upon the
Secretary of State and thereupon the Secretary of State shall certify and file
in the court a copy of the filing and evidence upon which the order was entered.
When these have been filed, the court has exclusive jurisdiction to affirm, modify,
enforce or set aside the order, in whole or in part.
SECTION 58. Section 79-13-1109, Mississippi Code of 1972, is amended as follows:
79-13-1109. (a) If the Secretary of State denies a foreign limited liability partnership's application for reinstatement of the statement of foreign qualification following administrative revocation, he shall serve the foreign limited liability partnership with a written communication that explains the reason or reasons for denial.
(b) The foreign limited liability
partnership may appeal the denial of reinstatement to the * * * inferior courts
of the Capitol Complex Improvement District or the chancery
court of the county where the foreign limited liability partnership is
domiciled within thirty (30) days after service of the communication of denial
is perfected. The foreign limited liability partnership appeals by
petitioning the court to set aside the revocation and attaching to the petition
copies of the Secretary of State's communication of denial.
(c) The court may summarily order the Secretary of State to reinstate the registration of the limited liability partnership or may take other action the court considers appropriate.
(d) The court's final decision may be appealed as in other civil proceedings.
SECTION 59. Section 1-1-9, Mississippi Code of 1972, is amended as follows:
1-1-9. (1) Copyrights of the Mississippi Code of 1972 and the notes, annotations, and indexes thereof, shall be taken by and in the name of the publishers of the compilation who shall thereafter promptly assign the same to the State of Mississippi and be owned by it.
(2) All parts of any act passed by the Mississippi Legislature, or of any code published or authorized to be published by the Joint Committee on Compilation, Revision and Publication of Legislation, including, without limitation, catchlines or frontal analyses; numbers assigned to sections, articles, chapters and titles; historical citations or source lines; editor's notes; amendment notes; cross references; annotations; and summaries of judicial decisions and Attorney General's opinions, shall become and remain the exclusive property of the State of Mississippi, to be used only as the joint committee may direct.
(3) (a) If any person or entity uses any part of any act passed by the Mississippi Legislature, or any part of any code published or authorized to be published by the joint committee, in any manner other than as authorized by the committee, the person or entity shall be subject to a civil penalty of not less than One Thousand Dollars ($1,000.00) for each violation, and each day upon which a violation occurs shall be deemed a separate and additional violation.
(b) If the joint committee suspects that any person or entity is violating or has violated this section, the Attorney General shall investigate the matter upon the request of the joint committee. If the Attorney General determines, after investigation, that the person or entity is violating or has violated this section, the Attorney General shall institute an action to impose a civil penalty against the person or entity, or seek injunctive relief against the person or entity to prevent further violations of this section, or both, as requested by the joint committee.
(c) Civil penalties
may be recovered in a civil action brought by the Attorney General in the * * * inferior courts of the Capitol Complex Improvement
District or in the chancery court of the county of residence of the person
or entity against whom the penalty is sought. If the person or entity is a
nonresident of the State of Mississippi, the action shall be brought in the
Chancery Court of the First Judicial District of Hinds County, Mississippi.
(d) All civil penalties recovered shall be deposited into the State General Fund.
SECTION 60. Section 73-21-163, Mississippi Code of 1972, is amended as follows:
73-21-163. Whenever the board
has reason to believe that a pharmacy benefit manager or pharmacy benefit manager
affiliate is using, has used, or is about to use any method, act or practice prohibited
in Sections 73-21-151 through 73-21-163 and
that proceedings would be in the public interest, it may bring an action in the
name of the board against the pharmacy benefit manager or pharmacy benefit manager
affiliate to restrain by temporary or permanent injunction the use of such method,
act or practice. The action shall be brought in the * * * inferior courts of the Capitol Complex Improvement District.
The court is authorized to issue temporary or permanent injunctions to restrain
and prevent violations of Sections 73-21-151 through 73-21-163 and such injunctions
shall be issued without bond.
(2) The board may impose a monetary penalty on a pharmacy benefit manager or a pharmacy benefit manager affiliate for noncompliance with the provisions of the Sections 73-21-151 through 73-21-163, in amounts of not less than One Thousand Dollars ($1,000.00) per violation and not more than Twenty-five Thousand Dollars ($25,000.00) per violation. Each day a violation continues for the same brand or generic product identifier or brand or generic code number is a separate violation. The board shall prepare a record entered upon its minutes that states the basic facts upon which the monetary penalty was imposed. Any penalty collected under this subsection (2) shall be deposited into the special fund of the board.
(3) The board may assess a monetary penalty for those reasonable costs that are expended by the board in the investigation and conduct of a proceeding if the board imposes a monetary penalty under subsection (2) of this section. A monetary penalty assessed and levied under this section shall be paid to the board by the licensee, registrant or permit holder upon the expiration of the period allowed for appeal of those penalties under Section 73-21-101, or may be paid sooner if the licensee, registrant or permit holder elects. Any penalty collected by the board under this subsection (3) shall be deposited into the special fund of the board.
(4) When payment of a monetary
penalty assessed and levied by the board against a licensee, registrant or permit
holder in accordance with this section is not paid by the licensee, registrant or
permit holder when due under this section, the board shall have the power to institute
and maintain proceedings in its name for enforcement of payment in the chancery
court of the county and judicial district of residence of the licensee, registrant
or permit holder, or if the licensee, registrant or permit holder is a nonresident
of the State of Mississippi, in the * * * inferior courts of the Capitol Complex Improvement District.
When those proceedings are instituted, the board shall certify the record of its
proceedings, together with all documents and evidence, to the chancery court and
the matter shall be heard in due course by the court, which shall review the record
and make its determination thereon in accordance with the provisions of Section
73-21-101. The hearing on the matter may, in the discretion of the chancellor,
be tried in vacation.
(5) The board shall develop and implement a uniform penalty policy that sets the minimum and maximum penalty for any given violation of Sections 73-21-151 through 73-21-163. The board shall adhere to its uniform penalty policy except in those cases where the board specifically finds, by majority vote, that a penalty in excess of, or less than, the uniform penalty is appropriate. That vote shall be reflected in the minutes of the board and shall not be imposed unless it appears as having been adopted by the board.
SECTION 61. Section 51-9-109, Mississippi Code of 1972, is amended as follows:
51-9-109. The Pearl River
Industrial Commission, acting through it members who favor bringing the counties
they represent into the Pearl River Valley Water Supply District, shall
petition the * * * inferior courts
of the Capitol Complex Improvement District to organize and establish the
Pearl River Valley Water Supply District and shall set forth in the petition:
(a) The counties to be included in the Pearl River Valley Water Supply District. Any county through which the Pearl River runs or which borders on the Pearl River may be included in the district.
(b) The fact that a preliminary report or study to determine the engineering feasibility of constructing a dam and reservoir in the basin of Pearl River has been made by a competent engineer or engineering firm and that such study or report shows that the construction of such facilities is feasible for water conservation or supply or for any of the other purposes or services contemplated by the legislative declaration of public policy in this article.
(c) The necessity and desirability for the construction of such facilities.
(d) A general description of the purposes of the contemplated works, and a general description of the plan including the lands to be overflowed or otherwise affected thereby, and maps or plats showing the general location of the reservoir and dam and related facilities. The word "project" when used herein shall mean the general plan and purposes of the Pearl River Valley Water Supply District, including its physical properties, as set out in this petition to the chancery court; and the words "project area" shall mean the physical location of the reservoir, dam, and related facilities as shown on the plats filed with the chancery court and shall include and be limited to an area of one mile from the shore line of the reservoir at high water. The words "related facilities" as used in this article shall mean the facilities indicated on said maps or plats filed with the chancery court or otherwise explained in the pleadings filed with the chancery court and shall include property, land, or areas of land adjacent to, or in the vicinity of, said reservoir or dam and within a distance of one mile from the high water mark of the proposed shore line of said reservoir as shown on said map, which may be acquired, owned, rented, leased, or sold by the district in connection with the recreational or industrial development and use of the project.
The petition shall be filed with as many copies as there are parties defendant. A copy of the preliminary report or study shall be attached to the original and each copy of the petition as an exhibit.
The board of water commissioners shall be made a party defendant, and the chancery clerk shall furnish the board of water commissioners with a copy of the petition with attached exhibits. Each county named in the petition shall be joined as a party defendant by service of process on the president of the board of supervisors thereof, and the chancery clerk shall furnish a copy of the petition to each such president. Whenever any municipality having a population according to the most recent federal census of ten thousand (10,000) or more is included in such proposed district, such municipality shall be made a party defendant.
It shall not be necessary that
any land owners in the counties to be included in said proposed district be
named in the petition, or made parties defendant. The chancellor of the * * * inferior courts of the Capitol Complex Improvement
District shall have jurisdiction of the entire water supply district and
project area for the purposes of this article. Such jurisdiction may be exercised
by the chancellor in term time or in vacation, as provided in this article.
SECTION 62. Section 41-26-21, Mississippi Code of 1972, is amended as follows:
41-26-21. Following the
hearing, the presiding official shall enter an order which shall become a final
order of the director, unless the petitioner or other interested person appearing
at the hearing, shall, within ten (10) days after the date of the final order
was made, appeal to the * * * Chancery Court of the First Judicial District of Hinds County
inferior courts of the Capitol Complex Improvement District or the
chancery court of the county of the situs, in whole or in part. The petitioner
or other interested person shall give a cost bond with sufficient sureties, payable
to the state in the sum of not less than One Hundred Dollars ($100.00) nor more
than Five Hundred Dollars ($500.00), to be fixed in the order appealed from. The
cost bond shall be filed with and approved by the director, who shall certify
the bond, together with a certified copy of the record of the hearing in the matter,
to the chancery court, which shall be the record of the cause. Except as
provided in this section, an appeal to the chancery court as provided in this
section shall not stay the execution of a final order of the director.
Any person who is aggrieved
by any final order or other decision issued under this section may, within ten
(10) days after the date of that order or decision, petition the Chancery Court
of the * * * inferior courts of the Capitol Complex Improvement
District or the chancery court of the county of the situs, in whole or in
part, for an appeal with supersedeas. The chancellor shall grant a hearing on that
petition. Upon good cause shown, the chancellor may grant the appeal with
supersedeas. The appellant shall be required to post a bond with sufficient
sureties according to law in an amount to be determined by the chancellor.
Appeals shall be considered only upon the record as made at the hearing before
the presiding official. The chancery court shall always be deemed open for hearing
of appeals and the chancellor may hear the appeal in termtime or in vacation at
any place in the chancellor's district. The appeal shall have precedence over
all civil cases, except election contests. The chancery court shall review all
questions of law and of fact. If no prejudicial error is found, the matter
shall be affirmed and remanded to the director for enforcement. If a
prejudicial error is found, the matter shall be reversed and the chancery court
shall remand the matter to the director for appropriate action as may be
indicated or necessary under the circumstances. Appeals may be taken from the
chancery court to the Supreme Court in the manner as now required by law, but
if a supersedeas is desired by the party appealing to the chancery court, that
party may apply for the supersedeas to the chancellor, who shall award a writ
of supersedeas, without additional bond, if in the chancellor's judgment
material damage is not likely to result. If material damage is likely to
result, the chancellor shall require a supersedeas bond as deemed proper, which
shall be liable to the state for any damage.
SECTION 63. Section 83-34-19, Mississippi Code of 1972, is amended as follows:
83-34-19. (1) Any
assessable insurer or other licensed insurer, or agent placing insurance through
a nonadmitted insurer, who may be aggrieved by an act, order, ruling or
decision of the association may, within thirty (30) days after such ruling,
appeal to the commissioner. Any hearings held by the commissioner pursuant to
such an appeal shall be in accordance with the procedure set forth in the
insurance laws of Mississippi. The commissioner is authorized to appoint a
member of his staff for the purpose of hearing such appeals, and a ruling based
upon such hearing shall have the same effect as if heard by the commissioner.
All assessable insurers or other licensed insurers, or agents placing insurance
through a nonadmitted insurer, aggrieved by any order or decision of the
commissioner may appeal to the * * * inferior courts of the Capitol Complex Improvement
District consistent with the insurance laws of the State of Mississippi.
(2) The association and any
assessable insurer, other licensed insurer or agent placing insurance through a
nonadmitted insurer that may be aggrieved by an act, order, ruling or decision
of the commissioner may, within thirty (30) days after such act, order, ruling
or decision, appeal to the * * * inferior courts of the Capitol Complex Improvement
District consistent with the insurance laws of the State of Mississippi.
SECTION 64. Section 83-19-109, Mississippi Code of 1972, is amended as follows:
83-19-109. Any person becoming
a party as hereinbefore provided and feeling aggrieved by the decision of the
commissioner of insurance under the provisions of Sections 83-19-99 through 83-19-123
may appeal therefrom within thirty (30) days after the receipt of notice
thereof to the * * * inferior
courts of the Capitol Complex Improvement District by writ of certiorari
upon giving bond with surety or sureties in such penalty as shall be approved by
the chancery court of said county, conditioned that such appellant will pay all
costs of the appeal in the event such appeal is unsuccessful. The said
chancery court shall have the authority and jurisdiction to hear said appeal and
to render its decision in regard thereto either in term time or vacation.
SECTION 65. Section 43-27-225, Mississippi Code of 1972, is amended as follows:
43-27-225. The bonds
authorized under the authority of Sections 43-27-207 through 43-27-233 may be
validated in the * * *
inferior courts of the Capitol Complex Improvement District 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 66. Section 69-15-67, Mississippi Code of 1972, is amended as follows:
69-15-67. (1) Any penalty assessed by the Board of Animal Health shall be due and payable within forty-five (45) days of the notification of the board's decision.
(2) In the event that the
judgment is not paid within the forty-five (45) days, or within such additional
time as the board may allow, the Board of Animal Health through its designated
representative may file suit in the circuit court of the county where the defendant
resides or in the case of a nonresident defendant in the * * *
inferior courts of the Capitol Complex Improvement District or any other
court with appropriate jurisdiction to enforce the decision of the board and recover
reasonable attorney's fees and all court costs.
(3) A copy of the notification sent by the board to the violator shall be sufficient proof as to the judgment of the board.
SECTION 67. Section 51-9-113, Mississippi Code of 1972, is amended as follows:
51-9-113. The chancery court
of the * * * inferior courts of the Capitol Complex Improvement
District may hear the petition at any term thereof, or the chancellor of said
court may fix a time to hear such petition at any time in vacation, and may
determine all matters pertaining thereto, may adjourn the hearing from time to
time, and may continue the case for want of sufficient notice or other good
cause. If said petition shall prove defective in any manner, the petitioners,
upon motion, shall be permitted to amend the same.
Upon the day set for hearing said petition, or a day to which same may be continued by the court or chancellor, all parties interested may appear and contest the same. If upon the hearing of such petition, it is found that such project is feasible from an engineering standpoint and practical, and if the creation of the water supply district under the terms of this article would meet a public necessity both local and statewide and would be conducive to the public welfare of the state as a whole, such court or chancellor shall so find and shall make and enter an order upon the minutes of the said chancery court stating that the said district to be known as the Pearl River Valley Water Supply District, should be organized subject to all of the terms and provisions of this article.
If the chancellor finds that the proposed water supply district should not be organized, he shall dismiss the proceedings, and the costs shall be paid by the Pearl River Industrial Commission.
SECTION 68. Section 69-25-59, Mississippi Code of 1972, is amended as follows:
69-25-59. (1) Any individual aggrieved by a final decision of the hearing committee shall be entitled to judicial review.
(2) An appeal from the
decision of the hearing committee shall be made by filing a written notice of
appeal with the circuit court clerk of the county where the accused resides, or
in the case of a nonresident accused, in the * * * inferior courts of the Capitol Complex Improvement District.
The notice of
appeal and the payment of costs must be filed and paid with the circuit clerk, within thirty (30) days of the entry of the order being appealed. The appeal shall otherwise be conducted in accordance with existing laws and rules.
(3) Any party aggrieved by the action of the circuit court may appeal to the Mississippi Supreme Court in the manner provided by law and rules.
SECTION 69. Section 81-27-4.108, Mississippi Code of 1972, is amended as follows:
81-27-4.108. (a) This section does not grant a right to hearing to a person that is not otherwise granted by governing law.
(b) The commissioner may convene a hearing to receive evidence and argument regarding any matter before the commissioner for decision or review under this chapter. The hearing shall be conducted in the same manner as other hearings conducted by the commissioner.
(c) A hearing before the commissioner that is required or authorized by law may be conducted by a hearing officer on behalf of the commissioner. A matter made confidential by law must be considered by the commissioner in a closed hearing.
(d) Except as expressly provided
otherwise by this chapter, a person affected by a final decision or order of
the commissioner made under this chapter after a hearing may appeal the final decision
or order to the * * * inferior
courts of the Capitol Complex Improvement District. A petition for appeal
filed in the district court does not stay or vacate the appealed decision or
order unless the court, after notice and hearing, expressly stays or vacates
the decision or order.
SECTION 70. Section 57-44-27, Mississippi Code of 1972, is amended as follows:
57-44-27. The bonds authorized
under the authority of Sections 57-44-11 through 57-44-39 may be validated in
the * * * inferior
courts of the Capitol Complex Improvement District 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 71. Section 39-17-119, Mississippi Code of 1972, is amended as follows:
39-17-119. The bonds authorized
under the authority of Sections 39-17-101 through 39-17-127 may be validated in
the * * * inferior
courts of the Capitol Complex Improvement District 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 72. Section 43-33-783, Mississippi Code of 1972, is amended as follows:
43-33-783. The bonds
authorized under the authority of Sections 43-33-767 through 43-33-797 may be
validated in the * * * inferior
courts of the Capitol Complex Improvement District 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 73. Section 57-1-323, Mississippi Code of 1972, is amended as follows:
57-1-323. The bonds authorized
under the authority of Sections 57-1-307 through 57-1-335 may be validated in
the * * * inferior
courts of the Capitol Complex Improvement District 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 74. Section 83-31-137, Mississippi Code of 1972, is amended as follows:
83-31-137. An action challenging
the validity of or arising out of acts taken or proposed to be taken regarding
a conversion plan under Sections 83-31-101 through 83-31-143 must begin in the * * * inferior courts of the Capitol Complex Improvement
District not later than the thirtieth day after the effective date of the
conversion plan.
SECTION 75. Section 65-39-21, Mississippi Code of 1972, is amended as follows:
65-39-21. The bonds authorized
under the authority of Sections 65-39-5 through 65-39-33 may be validated in
the * * * inferior
courts of the Capitol Complex Improvement District 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 76. Section 53-11-31, Mississippi Code of 1972, is amended as follows:
53-11-31. Any interested person,
as defined in this section, adversely affected by any provision or section of this
chapter within the jurisdiction of the board or by any rule, regulation or order
made by the board thereunder, or by any act done or threatened thereunder, may obtain
court review and seek relief by appeal to the * * * inferior courts of the Capitol Complex Improvement
District or the chancery court of the county in which the land involved, or
any part thereof, is situated. The term "interested person" means all
mineral and royalty owners, mineral lessees, if any, and the owners of surface on
which injection or reinjection wells and other surface equipment connected with
a geologic sequestration facility is or will be situated. Any interested party
may appeal to the chancery court of the county in which the land involved or any
part thereof is situated, if appeal is demanded within thirty (30) days from the
date that the rule, regulation or order of the board is filed for record in the
office of the board.
The appeal may be taken by filing notice of the appeal with the board, whereupon the board shall, under its certificate, transmit to the court appealed to all documents and papers on file in the matter, together with a transcript of the record, which documents and papers together with said transcript of the record shall be transmitted to the clerk of the chancery court of the county to which the appeal is taken.
Except as otherwise provided in this section, the appeal otherwise shall be made in accordance with the provisions of Sections 53-1-39 and 53-1-41.
SECTION 77. Section 37-101-321, Mississippi Code of 1972, is amended as follows:
37-101-321. The bonds authorized
under the authority of Sections 37-101-301 through 37-101-331 may be validated
in the * * * inferior
courts of the Capitol Complex Improvement District in the manner and with
the force and effect provided now or hereafter 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 the aforesaid
statute shall be published in a newspaper published in the City of Jackson,
Mississippi.
SECTION 78. Section 79-13-1006, Mississippi Code of 1972, is amended as follows:
79-13-1006. (a) If the Secretary of State denies a limited liability partnership's application for reinstatement following administrative dissolution, the Secretary of State shall serve the limited liability partnership with a record that explains the reason or reasons for denial.
(b) The limited liability partnership
may appeal the denial of reinstatement to the * * * inferior courts of the Capitol Complex Improvement District
or the chancery court of the county where the limited partnership is domiciled
within thirty (30) days after service of the notice of denial is perfected.
The limited liability partnership appeals by petitioning the court to set aside
the dissolution and attaching to the petition copies of the Secretary of
State's certificate of dissolution, the limited liability partnership's application
for reinstatement, and the Secretary of State's notice of denial.
(c) The court may summarily order the Secretary of State to reinstate the dissolved limited liability partnership or may take other action the court considers appropriate.
(d) The court's final decision may be appealed as in other civil proceedings.
SECTION 79. Section 65-1-161, Mississippi Code of 1972, is amended as follows:
65-1-161. The Governor's
Office of General Services, acting through the Bureau of Building, Grounds and
Real Property Management, is authorized, in its discretion, to convey to the
Mississippi * * * Transportation Department,
on behalf of the Mississippi School for the Deaf, the Mississippi School for
the Blind and the Mississippi Agriculture and Forestry Museum, a right-of-way
row easement across real property described as follows:
PARCEL NO. 1
Begin at the point of intersection of the present
Easterly right-of-way line of Interstate Highway No. 55
North with the present Northerly right-of-way line of
Eastover Drive, said point of beginning is 2,077.4 feet
North and 362.1 feet East of the Southwest corner of
the Northwest 1/4 of the Northwest 1/4 of Section 25,
Township 6 North, Range 1 East; from said point of
beginning run thence Northerly along said present
Easterly right-of-way line the following: North 28
degrees 57' East, a distance of 842.4 feet; thence run
South 61 degrees 09' East, a distance of 15.0 feet;
thence run North 28 degrees 35' East, a distance of
439.5 feet; thence run Northeasterly along the
circumference of a circle to the right having a radius
of 676.78 feet, a distance of 183.9 feet to the
Northerly line of grantors property; thence run North
88 degrees 46' East along said Northerly property line,
a distance of 84.4 feet to a point on a line that is
parallel with and 26 feet Easterly of the centerline of
survey of the relocation of the East Frontage Road as
shown on the plans for Federal Aid Project No.
51-0055-02-085-10; thence run Southerly along said
parallel line along the circumference of a circle to
the left having a radius of 5,703.58 feet, a distance
of 119.3 feet; thence run South 32 degrees 01' West, a
distance of 49.9 feet; thence run Southerly along a
line that is parallel with and 30 feet Easterly of the
centerline of survey of said relocation and along the
circumference of a circle to the left having a radius
of 5,699.58 feet, a distance of 149.2 feet to a point
that is 30 feet Easterly of and measured radially to
the centerline of survey of said relocation at Station
9278 + 00; thence run South 55 degrees 08' East, a
distance of 50.0 feet; thence run Southerly along a
line that is parallel with and 80 feet Easterly of the
centerline of survey of said relocation and along the
circumference of a circle to the left having a radius
of 5,649.58 feet, a distance of 64.1 feet to a point
that is 80 feet Easterly of and measured radially to
the centerline of survey of said relocation at Station
9277 + 35; thence run South 74 degrees 58' West, a
distance of 45.8 feet; thence run South 50 degrees 26'
West, a distance of 51.8 feet; thence run South 38
degrees 52' West, a distance of 50.0 feet to a point on
that is 30 feet Easterly of and measured radially to
the centerline of survey of said relocation at Station
9276 + 00; thence run Southerly along a line that is
parallel with and 30 feet Easterly of the centerline of
survey of said relocation and along the circumference
of a circle to the left having a radius of 5,699.58
feet, a distance of 135.9 feet; thence continue
Southerly along the last mentioned parallel line and
along the circumference of a circle to the left having
a radius of 14,293.95 feet, a distance of 212.9 feet to
a point that is 30 feet Easterly of and measured
radially to the centerline of survey at said relocation
at Station 9272 + 50; thence run South 16 degrees 22'
West, a distance of 102.8 feet; thence run Southerly
along a line that is parallel with and 55 feet Easterly
of the centerline of survey of said relocation and
along the circumference of a circle to the left having
a radius of 14,268.95 feet, a distance of 249.0 feet to
a point that is 55 feet Easterly of and measured
radially to the centerline of survey of said relocation
at Station 9269 + 00; thence run South 24 degrees 28'
West, a distance of 61.6 feet to a point that is 60
feet Easterly of and perpendicular to the centerline of
survey of said relocation at Station 9268 + 38.364;
thence run South 29 degrees 00' West, along a line that
is parallel with and 60 feet Easterly of the centerline
of survey of said relocation, a distance of 188.4 feet
to a point that is 60 feet Easterly of and
perpendicular to the centerline of survey of said
relocation at Station 9266 + 50; thence run South 25
degrees 35' West, a distance of 43.7 feet to a point
on the present Northerly right-of-way line of said
Eastover Drive; thence run North 61 degrees 15' West
along said present Northerly right-of-way line, a
distance of 68.3 feet to the point of beginning,
containing 91,284.03 square feet or 2.096 acres, more
or less, and all being situated in and a part of the
West 1/2 of the Southwest 1/4 of Section 24, Township 6
North, Range 1 East, City of Jackson, First Judicial
District of Hinds County, Mississippi and
PARCEL NO. 2
Begin at a point that is 60 feet Easterly of and
perpendicular to the centerline of survey of the
relocation of the East Frontage Road as shown on the
plans for Federal Aid Project No. 51-0055-02-085-10 at
Highway Survey Station 9266 + 50, said point of
beginning is 2,084.0 feet North of and 440.8 feet East
of the Southwest corner of the Northwest 1/4 of the
Northwest 1/4 of Section 25, Township 6 North, Range 1
East; from said point of beginning run thence South 02
degrees 26' West, a distance of 11.2 feet to a point
that is 65 feet Easterly of and perpendicular to the
centerline of survey of said relocation at Station 9266
+ 40; thence run South 56 degrees 22' East, a distance
of 38.7 feet to a point that is 70 feet Northerly of
and perpendicular to the centerline of survey of the
relocation of Eastover Drive as shown on the plans of
said highway project at Station 12 + 45; thence run
North 42 degrees 23' East, a distance of 41.2 feet;
thence run South 61 degrees 39' East, a distance of
30.0 feet; thence run South 12 degrees 24' West, a
distance of 36.4 feet to a point that is 75 feet
Northerly of and perpendicular to the centerline of
relocation of said Eastover Drive at Station 12 + 95;
thence run South 56 degrees 27' East, a distance of
55.2 feet; thence run South 61 degrees 39' East along a
line that is parallel with and 70 feet Northerly of the
centerline of survey of the relocation of said Eastover
Drive, a distance of 120.0 feet; thence run South 81
degrees 18' East, a distance of 74.3 feet; thence run
South 61 degrees 39' East, a distance of 21.9 feet;
thence run South 42 degrees 09' East, a distance of
30.1 feet; thence run South 03 degrees 43' East, a
distance of 56.5 feet to a point on the present
Northerly right-of-way line of said Eastover Drive that
is 37.33 feet Northerly of and measured radially to the
centerline of relocation of said Eastover Drive at
Station 16 + 20; thence run North 61 degrees 15' West
along said present Northerly right-of-way line, a
distance of 416.6 feet; thence run North 25 degrees 35'
East, a distance of 43.7 feet to the point of
beginning, containing 16,721.53 square feet or 0.384
acres, more or less, and all being situated in and a
part of the Southwest 1/4 of the Southwest 1/4 of
Section 24, Township 6 North, Range 1 East, City of
Jackson, First Judicial District of Hinds County,
Mississippi. No access will be permitted across the
retaining wall between Point "C" and Point "D" as shown
on the right-of-way plans for the above mentioned
Federal Aid Highway Project.
PARCEL NO. 3
Begin at the point of intersection of the present
Easterly right-of-way line of Interstate Highway No. 55
North with the present Southerly right-of-way line of
Eastover Drive, said point of beginning is 2009.9 feet
North of and 318.9 feet East of the Southwest corner of
the Northwest 1/4 of the Northwest 1/4 of Section 25,
Township 6 North, Range 1 East; from said point of
beginning run thence South 61 degrees 15' East along
said present Southerly right-of-way line of Eastover
Drive, a distance of 75.7 feet; thence run South 29
degrees 00' West, a distance of 26.4 feet to a point
that is 65 feet Easterly of and measured radially to
the centerline of survey of the relocation of the East
Frontage Road as shown on the plans for Federal Aid
Project No. 51-0055-02-085-10 at Station 9265 + 00;
thence run South 31 degrees 57' West, a distance of
336.1 feet to a point that is 55 feet Easterly of and
perpendicular to the centerline of relocation of said
East Frontage Road at Station 9261 + 66.667; thence run
South 33 degrees 57' West, a distance of 116.8 feet;
thence run South 38 degrees 39' West, a distance of
160.9 feet; thence run South 37 degrees 02' West, a
distance of 40.4 feet to a point that is 26 feet
Easterly of and measured radially to the centerline of
survey of said East Frontage Road relocation at Station
9258 + 50; thence run Southerly along a line that is
parallel with and 26 feet Easterly of said centerline
of said East Frontage Road relocation and along the
circumference of a circle to the left having a radius
of 7613.44 feet, a distance of 80.9 feet to a Southerly
line of grantors' property; thence run North 61 degrees
51' West along said Southerly property line, a distance
of 10.3 feet to a point on the present Easterly
right-of-way line of Interstate Highway No. 55 North;
thence run North 27 degrees 56' East along said present
Easterly right-of-way line, a distance of 120.6 feet;
thence run North 28 degrees 57' East along said present
Easterly right-of-way line, a distance of 637.0 feet to
the point of beginning, containing 37,759.63 square
feet or 0.867 acres, more or less, and all being
situated in and a part of the Southeast 1/4 of the
Southeast 1/4 of Section 23, and the Southwest 1/4 of
the Southwest 1/4 of Section 24, all in Township 6
North, Range 1 East, City of Jackson, First Judicial
District of Hinds County, Mississippi, and
PARCEL NO. 4
Begin at a point that is 65 feet Easterly of and
measured radially to the centerline of survey of the
relocation of the East Frontage Road as shown on the
plans for Federal Aid Project No. 51-005-02-085-10 at
Station 9265 + 00, said point of beginning is 1950.4
feet North of and 372.5 feet East of the Southwest
corner of the Northwest 1/4 of the Northwest 1/4 of
Section 25, Township 6 North, Range 1 East; from said
point of beginning run thence North 29 degrees 00'
East, a distance of 26.4 feet to a point on the present
Southerly right-of-way line of Eastover Drive; thence
run South 61 degrees 15' East along said present
Southerly right-of-way line of Eastover Drive, a
distance of 409.6 feet to a point that is 42.68 feet
Southerly of and measured radially to Station 16 + 15
on the centerline of the relocation of said Eastover
Drive as shown on the plans for said project; thence
run South 62 degrees 15' West, a distance of 44.8 feet;
thence run North 89 degrees 56' West, a distance of
31.5 feet to a point that is 95 feet Southerly of and
perpendicular to the centerline of said relocation of
Eastover Drive at Station 15 + 61.925; thence run North
58 degrees 32' West, a distance of 92.1 feet; thence
run South 42 degrees 23' West, a distance of 61.8 feet;
thence run North 61 degrees 39' West, a distance of
30.0 feet; thence run North 28 degrees 21' East, a
distance of 95.0 feet to a point that is 55 feet
Southerly of and perpendicular to the centerline of
said relocation of Eastover Drive at Station 14 + 25;
thence run North 61 degrees 39' West, a distance of
75.0 feet; thence run North 67 degrees 22' West, a
distance of 100.5 feet; thence run North 63 degrees 27'
West, a distance of 45.2 feet to the point of
beginning, containing 14,868.52 square feet or 0.341
acres, more or less, and all being situated in and a
part of the Southwest 1/4 of the Southwest 1/4 of
Section 24, Township 6 North, Range 1 East, City of
Jackson, First Judicial District of Hinds County,
Mississippi.
No access will be permitted across the retaining wall
between Point "A" and Point "B" as shown on the
right-of-way plans for the above mentioned Federal Aid
Highway Project.
PARCEL NO. 5
Begin at the point of intersection of the North line of
grantors' property with the present Easterly
right-of-way line of Interstate Highway No. 55, said
point is 0.4 feet North of and 745.9 feet West of the
Northeast corner of the Southeast 1/4 of the Northeast
1/4 of Section 26, Township 6 North, Range 1 East; from
said point of beginning run thence East along the North
line of grantors' property, a distance of 22.32 feet to
a line that is 26 feet Easterly of and parallel with
the centerline of the relocation of the East Frontage
Road as shown on the plans for Federal Aid Project No.
51-0055-02-085-10; thence run Southeasterly along said
parallel line and along the circumference of a circle
to the left having a radius of 1611.02 feet, a distance
53.76 feet to the present Easterly right-of-way line of
said Interstate Highway No. 55, thence run North 12
degrees 30' West along said present Easterly
right-of-way line, a distance of 47.16 feet; thence run
North 05 degrees 53' East along said present Easterly
right-of-way line, a distance of 6.22 feet to the point
of beginning, containing 621.05 square feet or 0.014
acres, more or less, and being situated in and a part
of the Southeast 1/4 of the Northeast 1/4 of Section
26, Township 6 North, Range 1 East, City of Jackson,
First Judicial District of Hinds County, Mississippi.
SECTION 80. Section 83-24-99, Mississippi Code of 1972, is amended as follows:
83-24-99. (1) If a domiciliary liquidator has not been appointed, the commissioner may apply to the court by verified petition for an order directing him to act as conservator to conserve the property of an alien insurer not domiciled in this state or a foreign insurer on any one or more of the following grounds:
(a) Any of the grounds in Section 83-24-23;
(b) That any of the insurer's property has been sequestered by official action in its domiciliary state, or in any other state;
(c) That enough of the insurer's property has been sequestered in a foreign country to give reasonable cause to fear that the insurer is or may become insolvent;
(d) (i) That the insurer's certificate of authority to do business in this state has been revoked or that none was ever issued; and
(ii) That there are residents of this state with outstanding claims or outstanding policies.
(2) When an order is sought under subsection (1), the court shall cause the insurer to be given such notice and time to respond thereto as is reasonable under the circumstances.
(3) The court may issue the
order in whatever terms it shall deem appropriate. The filing or recording of
the order with the Clerk of the * * *
inferior courts of the Capitol Complex Improvement District or of the
county in which the principal business of the company is located shall impart
the same notice as a deed, bill of sale or other evidence of title duly filed
or recorded with that chancery court would have imparted.
(4) The conservator may at any time petition for and the court may grant an order under Section 83-24-101 to liquidate assets of a foreign or alien insurer under conservation, or, if appropriate, for an order under Section 83-24-105 to be appointed ancillary receiver.
(5) The conservator may at any time petition the court for an order terminating conservation of an insurer. If the court finds that the conservation is no longer necessary, it shall order that the insurer be restored to possession of its property and the control of its business. The court may also make such finding and issue such order at any time upon motion of any interested party, but if such motion is denied all costs shall be assessed against such party.
SECTION 81. Section 83-24-25, Mississippi Code of 1972, is amended as follows:
83-24-25. (1) An order to
rehabilitate the business of a domestic insurer, or an alien insurer domiciled
in this state, shall appoint the commissioner and his successors in office the
rehabilitator, and shall direct the rehabilitator forthwith to take possession
of the assets of the insurer, and to administer them under the general
supervision of the court. The filing or recording of the order with the Clerk
of the * * * inferior courts of
the Capitol Complex Improvement District or of the county in which the
principal business of the company is conducted, or the county in which its principal
office or place of business is located, shall impart the same notice as a deed,
bill of sale, or other evidence of title duly filed or recorded with that clerk
would have imparted. The order to rehabilitate the insurer shall by operation
of law vest title to all assets of the insurer in the rehabilitator.
(2) Any order issued under this section shall require accountings to the court by the rehabilitator. Accountings shall be at such intervals as the court specifies in its order, but no less frequently than semiannually. Each accounting shall include a report concerning the rehabilitator's opinion as to the likelihood that a plan will be prepared by the rehabilitator and the timetable for doing so.
(3) Entry of an order of rehabilitation shall not constitute an anticipatory breach of any contracts of the insurer nor shall it be grounds for retroactive revocation or retroactive cancellation of any contracts of the insurer, unless such revocation or cancellation is done by the rehabilitator pursuant to Section 83-24-27.
SECTION 82. Section 75-25-29, Mississippi Code of 1972, is amended as follows:
75-25-29. (a) Actions to
require cancellation of a mark registered pursuant to this chapter or to appeal
the secretary's refusal to register a mark pursuant to this chapter shall be
brought in the * * * inferior courts of the
Capitol Complex Improvement District. In an appeal of the secretary's refusal
to register a mark, the proceeding shall be based solely upon the record before
the secretary. In an action for cancellation, the secretary shall not be made
a party to the proceeding but shall be notified of the filing of the complaint
by the clerk of the court and shall be given the right to intervene in the action.
(b) In any action brought against a nonresident registrant, service may be effected by any means authorized by the Mississippi Rules of Civil Procedure.
SECTION 83. Section 75-89-19, Mississippi Code of 1972, is amended as follows:
75-89-19. (1) The administrator may conduct investigations, within or without this state, as he finds necessary or appropriate to:
(a) Determine whether any person has violated, or is about to violate, any provision of this chapter or any rule or order of the administrator; or
(b) Aid in enforcement of this chapter.
(2) The administrator may publish information concerning any violation of this chapter or any rule or order of the administrator.
(3) For purposes of any investigation or proceeding under this chapter, the administrator or any officer or employee designated by rule or order, may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of any books, papers, correspondence, memoranda, agreements or other documents or records which the administrator finds to be relevant or material to the inquiry.
(4) (a) If a person does not give testimony or produce the documents required by the administrator or a designated employee pursuant to an administrative subpoena, the administrator or designated employee may apply for a court order compelling compliance with the subpoena or the giving of the required testimony.
(b) The request for order of compliance may be addressed to either:
(i) The * * * inferior courts of the Capitol Complex Improvement
District if the person is within this state; or
(ii) The appropriate court of the state having jurisdiction over the person refusing to testify or produce, if the person is outside this state.
SECTION 84. Section 57-67-23, Mississippi Code of 1972, is amended as follows:
57-67-23. All bonds (other than state bonds, refunding bonds, interim notes and certificates of indebtedness, which may be validated) issued pursuant to Sections 57-67-19 through 57-67-31 shall be validated as provided in Sections 31-13-1 through 31-13-11, Mississippi Code of 1972; provided, however, that notice of such validation proceedings shall be addressed to the taxpayers of all public agencies and political subdivisions:
(a) Which have contracted with the authority pursuant to Section 57-67-17; and
(b) Whose contracts
and the payments to be made thereunder constitute security for the bonds of the
authority proposed to be issued, and such notice shall be published at least once
in a newspaper or newspapers having a general circulation within the
geographical boundaries of each public agency or political subdivision to whose
taxpayers the notice is addressed. Such validation proceedings shall be instituted
in the * * * inferior courts of
the Capitol Complex Improvement District. The validity of the bonds so validated
and of the contracts and payments to be made by the political subdivisions thereunder
constituting security for the bonds shall be forever conclusive against the authority
and the political subdivisions which are parties to said contracts; and the validity
of said bonds and said contracts and the payments to be made thereunder shall never
be called in question in any court in this state.
SECTION 85. Section 63-1-218, Mississippi Code of 1972, is amended as follows:
63-1-218. (1) A disqualification from driving a commercial motor vehicle shall be effective on not less than ten (10) days' notice.
(2) If requested, a hearing on the disqualification shall be conducted, under Section 63-1-53. The scope of the hearing shall be limited to verification of the conviction.
(3) A person aggrieved by a
decision resulting from a hearing under this section may have the decision
reviewed on the record. The appeal shall be to the * * * inferior courts of the Capitol Complex Improvement District
or, in the discretion of the licensee, to the circuit court of the county in
which the licensee resides or has a principal place of business.
SECTION 86. Section 29-5-93, Mississippi Code of 1972, is amended as follows:
29-5-93. Any person violating
provisions of Sections 29-5-83 through 29-5-91 shall be punished by a fine not
exceeding One Hundred Dollars ($100.00), or by imprisonment not exceeding sixty
(60) days, or by both such fine and imprisonment. Prosecution for such
offenses shall be had in the county court of the * * *
inferior courts of the Capitol Complex Improvement District upon
affidavit by the Attorney General of Mississippi or any of his assistants. In
cases where public property is damaged in an amount exceeding One Hundred Dollars
($100.00), the offenses shall be punishable by imprisonment for not exceeding one
(1) year.
SECTION 87. Section 77-3-409, Mississippi Code of 1972, is amended as follows:
77-3-409. The Attorney
General, or the corporation, may by certiorari out of the * * * inferior courts of the Capitol Complex Improvement
District within ten (10) days from the date of the order in the hearing provided
in Section 77-3-403, remove the entire proceeding to such court, which removal
shall not operate as a supersedeas. No supersedeas shall be allowed, but the
circuit court or the circuit judge in vacation shall examine the record for errors
of law. If the said court shall find no errors of law, the order shall be affirmed.
If errors of law appear, it shall be reversed, and such reversal shall operate
as a stay of such order, and no subsequent action on the charter forfeiture
shall be taken by the commission on such order, but the cause shall be remanded
to the commission with directions for a new hearing, or dismissed, as the
circuit court finds appropriate by reason of errors of law appearing on the
face of the record.
SECTION 88. Section 79-29-1027, Mississippi Code of 1972, is amended as follows:
79-29-1027. (1) If the Secretary of State denies a foreign limited liability company's application for reinstatement of the registration following administrative revocation, the Secretary of State shall serve the foreign limited liability company with a record that explains the reason or reasons for denial.
(2) The foreign limited liability company
may appeal the denial of reinstatement to the * * *
inferior courts of the Capitol
Complex Improvement District
or the chancery court of the
county where the foreign limited liability company is domiciled within thirty
(30) days after service of the notice of denial is perfected. The foreign limited
liability company appeals by petitioning the court to set aside the administrative
revocation and attaching to the petition copies of the Secretary of State's
certificate of administrative revocation, the foreign limited liability company's
application for reinstatement and the Secretary of State's notice of denial.
(3) The court may summarily order the Secretary of State to reinstate the registration of the foreign limited liability company or may take other action the court considers appropriate.
(4) The court's final decision may be appealed as in other civil proceedings.
SECTION 89. Section 79-4-1.26, Mississippi Code of 1972, is amended as follows:
79-4-1.26. (a) If the
Secretary of State refuses to file a document delivered to his office for
filing, the domestic or foreign corporation may appeal the refusal to the chancery
court of the county where the corporation's principal office is or will be
located, or the * * *
inferior courts of the Capitol Complex Improvement District if the corporation
does not have a principal office in this state. The appeal is commenced by
petitioning the court to compel filing the document and by attaching to the petition
the document and the Secretary of State's explanation of his refusal to file.
(b) The court may summarily order the Secretary of State to file the document or take other action the court considers appropriate.
(c) The court's final decision may be appealed as in other civil proceedings.
SECTION 90. Section 79-4-15.33, Mississippi Code of 1972, is amended as follows:
79-4-15.33. (a) If the Secretary of State denies a foreign corporation's application for reinstatement following administrative revocation, he shall serve the corporation under Section 79-4-5.04, Mississippi Code of 1972, with a written communication that explains the reason or reasons for denial.
(b) The corporation may
appeal the denial of reinstatement to the * * * inferior courts of the Capitol Complex Improvement District
or the chancery court of the county where the corporation is domiciled within
thirty (30) days after service of the communication of denial is perfected.
The corporation appeals by petitioning the court to set aside the revocation
and attaching to the petition copies of the Secretary of State's communication
of denial.
(c) The court may summarily order the Secretary of State to reinstate the revoked corporation or may take other action the court considers appropriate.
(d) The court's final decision may be appealed as in other civil proceedings.
SECTION 91. Section 79-29-827, Mississippi Code of 1972, is amended as follows:
79-29-827. (1) If the Secretary of State denies a limited liability company's application for reinstatement following administrative dissolution, the Secretary of State shall serve the limited liability company under Section 79-35-13 with a record that explains the reason or reasons for denial, except that such record may be served by first-class mail.
(2) The limited liability company may
appeal the denial of reinstatement to the * * * inferior courts of the Capitol Complex Improvement District
or the chancery court where the limited liability company is domiciled within thirty
(30) days after service of the notice of denial is perfected. The limited liability
company appeals by petitioning the court to set aside the dissolution and attaching
to the petition copies of the Secretary of State's certificate of administrative
dissolution, the limited liability company's application for reinstatement, and
the Secretary of State's notice of denial.
(3) The court may summarily order the Secretary of State to reinstate the dissolved limited liability company or may take other action the court considers appropriate.
(4) The court's final decision may be appealed as in other civil proceedings.
SECTION 92. Section 41-21-89, Mississippi Code of 1972, is amended as follows:
41-21-89. Nothing in
Sections 41-21-61 through 41-21-107 shall preclude any patient, his attorney,
or relative or guardian from seeking a patient's release from a treatment facility
by application for writ of habeas corpus; provided that the application shall
be made to the chancellor of the county in which the patient is hospitalized.
Provided, further, that if the patient is hospitalized at the Mississippi State
Hospital at Whitfield, Mississippi, the said application shall be made to * * * any judge of the inferior courts of the Capitol
Complex Improvement District.
SECTION 93. Section 83-31-175, Mississippi Code of 1972, is amended as follows:
83-31-175. An action challenging
the validity of or arising out of acts taken or proposed to be taken regarding a
plan of reorganization under Section 83-31-47 or 83-31-101 through 83-31-181 must
begin in the * * * inferior
courts of the Capitol Complex Improvement District not later than the thirtieth
day after the effective date of the plan of reorganization.
SECTION 94. Section 51-9-111, Mississippi Code of 1972, is amended as follows:
51-9-111. The board of
water commissioners shall make a written report on the preliminary study or
plans furnished them and shall, within thirty (30) days after receipt of
the said study, file such report with the * * * inferior courts of the Capitol
Complex Improvement District setting forth their recommendations concerning
the proposed water supply district. After the filing of the report of the board
of water commissioners, and upon motion of the petitioners, the chancellor or
judge shall enter an order fixing the date for a hearing of the cause on
the original petition, the exhibit, the report and recommendations of the board
of water commissioners, and any answers filed or other pleadings. The * * * clerk shall give notice of such hearing
to all persons interested by posting notices thereof at the door of the courthouse
of the county or counties in which the district is situated and in at least ten
(10) public places in said proposed district, and also by publishing
said notice at least once a week for three (3) consecutive weeks in a
newspaper published in Hinds County and in a newspaper published in each of the
other counties proposed to be included in such water supply district. If there
is no newspaper published in any such county, then it shall be sufficient to publish
said notice in a newspaper having a general circulation in such county. Such
notice shall be addressed to the property owners and qualified electors of such
proposed district and all other persons interested, shall state when and in
what court said petition was and is filed, shall state the counties included in
such district, and shall command all such persons to appear before the * * * court, or the * * * judge in vacation, * * * in the * * * inferior
courts of the Capitol Complex Improvement District upon the date fixed by
the chancellor or judge to show cause, if any they can, why the proposed
water supply district should not be organized and established as prayed for in
said petition. The date of such hearing shall not be less than twenty-one (21)
days nor more than forty (40) days after the last publication of such
notice. It shall be sufficient in describing the lands to be included in the
water supply district to name the counties to be included therein in the
publication or notice hereinbefore mentioned.
If the * * * judge or chancellor finds that
the notice or publication was not given as provided for in this article, it
shall not thereby lose jurisdiction, but the court or chancellor shall order
due publication or notice to be given and shall continue the hearing until such
publication or notice shall be properly given, and the * * * judge or chancellor shall
thereupon proceed as though publication or notice had been properly given in
the first instance.
SECTION 95. Section 79-4-13.30, Mississippi Code of 1972, is amended as follows:
79-4-13.30. (a) If a shareholder makes demand for payment under Section 79-4-13.26 which remains unsettled, the corporation shall commence a proceeding within sixty (60) days after receiving the payment demand and petition the court to determine the fair value of the shares and accrued interest. If the corporation does not commence the proceeding within the sixty-day period, it shall pay in cash to each shareholder the amount the shareholder demanded pursuant to Section 79-4-13.26 plus interest.
(b) The corporation shall commence
the proceeding in the appropriate court of the county where the corporation's
principal office is located, or the * * * inferior courts of the Capitol Complex Improvement
District if the corporation does not have a principal office in this state.
If the corporation is a foreign corporation, it shall commence the proceeding
in the county in this state where the principal office of the domestic
corporation merged with the foreign corporation was located or, if the domestic
corporation did not have its principal office in this state at the time of the
transaction, in * * *
inferior courts of the Capitol Complex Improvement District.
(c) The corporation shall make all shareholders (whether or not residents of this state) whose demands remain unsettled parties to the proceeding as in an action against their shares, and all parties must be served with a copy of the petition. Nonresidents may be served by registered or certified mail or by publication as provided by law.
(d) The jurisdiction of the court in which the proceeding is commenced under subsection (b) is plenary and exclusive. The court may appoint one or more persons as appraisers to receive evidence and recommend a decision on the question of fair value. The appraisers shall have the powers described in the order appointing them, or in any amendment to it. The shareholders demanding appraisal rights are entitled to the same discovery rights as parties in other civil proceedings. There shall be no right to a jury trial.
(e) Each shareholder made a party to the proceeding is entitled to judgment (i) for the amount, if any, by which the court finds the fair value of the shareholder's shares, plus interest, exceeds the amount paid by the corporation to the shareholder for such shares or (ii) for the fair value, plus interest, of the shareholder's shares for which the corporation elected to withhold payment under Section 79-4-13.25.
SECTION 96. Section 73-13-37, Mississippi Code of 1972, is amended as follows:
73-13-37. (1) The board, upon satisfactory proof and in accordance with the provisions of this chapter and the implementing regulations of the board pertaining thereto, is authorized to take the disciplinary actions provided for hereinafter against any person or firm practicing engineering or surveying, including nonregistrants, for any of the following reasons:
(a) Violating any of the provisions of Sections 73-13-1 through 73-13-45 or the implementing bylaws, rules, regulations, or standards of ethics or conduct duly adopted and promulgated by the board pertaining to the practice of engineering;
(b) Fraud, deceit or misrepresentation in obtaining a certificate of licensure;
(c) Gross negligence, malpractice or incompetency;
(d) Any professional misconduct, as defined by the board through bylaws, rules and regulations, and standards of conduct and ethics;
(e) Practicing or offering to practice engineering on an expired certificate or while under suspension or revocation of certificate unless said suspension or revocation be abated through probation, as provided for hereinafter; or
(f) Addiction to or dependence on alcohol or other habit-forming drugs or being an habitual user of alcohol, narcotics, barbiturates, amphetamines, hallucinogens, or other drugs having similar effect.
(2) Any person may prefer charges against any other person practicing engineering or surveying, including nonlicensees, for committing any of the acts set forth in subsection (1). Such charges shall be sworn to, either upon actual knowledge or upon information and belief, and shall be filed with the board. In the event any person certified under Sections 73-13-1 through 73-13-45 is expelled from membership in any Mississippi professional engineering society or association, the board shall thereafter cite said person to appear at a hearing before the board and to show cause why disciplinary action should not be taken against him.
The board shall investigate all charges filed with it and, upon finding reasonable cause to believe that the charges are not frivolous, unfounded or filed in bad faith, may, in its discretion, cause a hearing to be held, at a time and place fixed by the board, regarding the charges and may compel the accused by subpoena to appear before the board to respond to said charges.
No disciplinary action taken hereunder may be taken until the accused has been furnished both a statement of the charges against him and notice of the time and place of the hearing thereof, which shall be personally served on or mailed by registered or certified mail, return receipt requested, to the last-known business or residence address of the accused not less than thirty (30) days prior to the date fixed for the hearing.
Notice on a firm shall be had by notice on the principal or officer designated by the firm as having management or supervision of the engineering/surveying practice, or on the registered agent in the case of a corporation not domiciled in Mississippi.
(3) At any hearing held hereunder, the board shall have the power to subpoena witnesses and compel their attendance and may also require the production of books, papers, documents, etc., as provided elsewhere in this chapter. The board is authorized to designate or secure a hearing officer to conduct the hearing. All evidence shall be presented under oath, which may be administered by any member of the board, and thereafter the proceedings may, if necessary, be transcribed in full by the court reporter and filed as part of the record in the case. Copies of such transcriptions may be provided to any party to the proceedings at a cost to be fixed by the board.
All witnesses who shall be subpoenaed and who shall appear in any proceedings before the board shall receive the same fees and mileage as allowed by law in judicial civil proceedings, and all such fees shall be taxed as part of the costs in the case.
Where in any proceeding before the board any witness shall fail or refuse to attend upon subpoena issued by the board, shall refuse to testify or shall refuse to produce any books and papers, the production of which is called for by the subpoena, the attendance of such witness and the giving of his testimony and the production of the books and papers shall be enforced by any court of competent jurisdiction of this state in the manner provided for the enforcement of attendance and testimony of witnesses in civil cases in the courts of this state.
The accused shall have the right to be present at the hearing in person, by counsel or other representative, or both. The board is authorized to continue or recess the hearing as may be necessary.
(4) At the conclusion of the hearing, the board may either decide the issue at that time or take the case under advisement for further deliberation. The board shall render its decision not more than ninety (90) days after the close of the hearing, and shall forward to the last-known business or residence address of the accused, by certified or registered mail, return receipt requested, a written statement of the decision of the board.
If a majority of the board finds the accused guilty of the charges filed, the board may: (a) issue a public or private reprimand; (b) require the guilty party to complete a course or courses, approved by the board, in ethics or other appropriate subjects; (c) suspend or revoke the certificate of the accused, if the accused is a licensee; and/or (d) in lieu of or in addition to such reprimand, course completion, suspension or revocation, assess and levy upon the guilty party a monetary penalty of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00) for each violation.
(5) A monetary penalty assessed and levied under this section shall be paid to the board upon the expiration of the period allowed for appeal of such penalties under this section, or may be paid sooner if the guilty party elects. Money collected by the board under this section shall be deposited to the credit of the board's special fund in the State Treasury.
When payment of a monetary
penalty assessed and levied by the board in accordance with this section is not
paid when due, the board shall have the power to institute and maintain
proceedings in its name for enforcement of payment in the chancery court of the
county and judicial district of residence of the guilty party and if the guilty
party be a nonresident of the State of Mississippi, such proceedings shall be
in the * * * inferior
courts of the Capitol Complex Improvement District.
(6) When the board has taken a disciplinary action under this section, the board may, in its discretion, stay such action and place the guilty party on probation for a period not to exceed one (1) year upon the condition that the guilty party shall not further violate either the laws of the State of Mississippi pertaining to the practice of engineering or the bylaws, rules and regulations, or standards of conduct and ethics promulgated by the board.
(7) The board, in its discretion, may assess and tax any part or all of the costs of any disciplinary proceedings conducted under this section against either the accused, the charging party, or both, as it may elect.
(8) The power and authority of the board to assess and levy the monetary penalties provided for in this section shall not be affected or diminished by any other proceeding, civil or criminal, concerning the same violation or violations except as provided in this section.
(9) The board, for sufficient cause, may reissue a revoked certificate of licensure or authority whenever a majority of the board members vote to do so.
(10) Any person or firm
aggrieved by an action of the board denying or revoking his certificate of
licensure or authority or relicensure as a professional engineer or his
certificate of enrollment as an engineer intern, or who is aggrieved by the
action of the board as a result of disciplinary proceedings conducted under this
section may appeal therefrom to the chancery court of either the county wherein
the appellant resides or the * * *
inferior courts of the Capitol Complex Improvement District at the
election of the appellant. If the appellant is a nonresident of this state,
the appeal shall be made to the * * *
inferior courts of the Capitol Complex Improvement District. Such
appeal shall be perfected before the board by the filing with the board of a
notice of appeal to the chancery court. The court shall require a bond in an
amount not to exceed One Thousand Dollars ($1,000.00) conditioned to pay all
costs which may be adjudged against the appellant. The notice of appeal shall be
filed not later than thirty (30) days after the decision of the board is forwarded
to the guilty party, as provided hereinabove.
All appeals perfected hereunder shall not act as a supersedeas, and shall be made to the chancery court solely upon the record made before the board during the disciplinary hearing. When the appeal shall have been properly perfected as provided herein, the board shall cause the record of the proceedings conducted before it to be compiled, certified and filed with the chancery court. The briefing schedule shall be the same as for appeals to the Supreme Court. The chancery court shall be required to rule on the case within sixty (60) days of the close of briefing. All procedures and penalties provided for in this section shall apply to nonlicensees as well as licensees.
(11) In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the certificate of licensure of any person for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a certificate for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a certificate suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a certificate suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. Actions taken by the board in suspending a certificate when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a suspension of a certificate that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
(12) Any board member whose objectivity in a disciplinary proceeding is impaired shall either recuse himself from sitting as a member of the board in a formal disciplinary hearing in that proceeding or be disqualified therefrom. In the event a disciplinary proceeding is brought against a member or former member of the board, no member of the board who has served concurrently with the respondent in the disciplinary proceeding shall sit as a member of the board in a formal disciplinary hearing in that proceeding. If, after recusal or disqualification of board members as provided herein, there does not remain a quorum of the board to sit for a disciplinary hearing, the board shall have the power to select, in accordance with duly promulgated regulations of the board, substitute panel members from slates of candidates established by the Mississippi Engineering Society and the Mississippi Association of Professional Surveyors to the extent necessary to achieve the number of panel members equivalent to a quorum of the board. Substitute panel members must meet the qualifications of board members as provided in Section 73-13-7 and shall receive compensation as provided for board members in Section 73-13-9.
SECTION 97. Section 69-15-63, Mississippi Code of 1972, is amended as follows:
69-15-63. (1) Any individual aggrieved by a final decision of the Board of Animal Health after its review of the hearing officer's recommendation shall be entitled to judicial review.
(2) An appeal from the
board's decision shall be filed in the * * * inferior courts of the Capitol Complex Improvement District
on the record made, including a verbatim transcript of the testimony at the
hearing held before the designated hearing committee of the Board of Animal
Health. The appeal shall be filed within thirty (30) days after notification
of the action of the board is mailed or served and the proceedings in circuit
court shall be conducted as other matters coming before the court. The appeal
shall be perfected upon filing notice of the appeal and by the prepayment of
all costs, including the cost of preparation of the record of the proceedings
by the Board of Animal Health, and the filing of a bond in the sum of Five
Hundred Dollars ($500.00) conditioned that if the action of the board be
affirmed by the circuit court, the aggrieved party shall pay the costs of the
appeal and the action of the circuit court.
(3) The scope of review of the circuit court in such cases shall be limited to a review of the record made before the board or hearing committee to determine if the action of the board is unlawful for the reason that it was:
(a) Not supported by any substantial evidence;
(b) Arbitrary or capricious; or
(c) In violation of some statutory or constitutional right of the individual.
(4) No relief shall be granted based upon the court's finding of harmless error by the board in complying with the procedural requirements of Sections 69-15-51 through 69-15-61. In the event that there is a finding of prejudicial error in the proceedings, the cause may be remanded for a rehearing consistent with the findings of the court.
(5) Any party aggrieved by action of the circuit court may appeal to the State Supreme Court in the manner provided by law.
SECTION 98. Section 75-59-5, Mississippi Code of 1972, is amended as follows:
75-59-5. (a) For a violation of a contract with a student, for soliciting or enrolling students through fraud or misrepresentation, or for noncompliance with this chapter or the reasonable rules and regulations promulgated by the Secretary of State pursuant to this chapter, the Secretary of State shall revoke the permit issued under this chapter after serving notice of hearing upon the resident agent for service of summons in the same manner as service of summons upon nonresident corporations qualified to do business in the state. Such notice shall set a time and place for a hearing not less than fifteen (15) days nor more than thirty (30) days from the receipt of said notice. Said permittee shall be allowed to show cause why said permit should not be revoked. At said time and place full opportunity shall be afforded the permittee to be heard on said revocation. The Secretary of State shall have power to issue compulsory process to assure the presence of such persons or such records deemed necessary for the proper determination of any matter before him for consideration, and he may in his discretion require testimony under oath and administer the same.
(b) Any person aggrieved by
a decision of the Secretary of State shall have a right to a judicial review of
said decision by forwarding notice of his intention to appeal to the Secretary
of State within fifteen (15) days from the date of revocation. Upon receipt of
said notice, the Secretary of State shall within sixty (60) days after receiving
said notice of appeal certify the record to the * * * inferior courts of the Capitol Complex Improvement
District for trial de novo. Appeal may be with or without supersedeas at
the election of the permittee. The Secretary of State shall not be required to
certify the record unless the permittee shall have filed a cost bond sufficient
to pay the costs of transcribing and preparing the transcript.
No person, firm or corporation failing to comply with the provisions of this chapter shall have access to any of the courts of this state for the purpose of enforcing any claim or demand against any resident of this state arising out of any contract entered into in violation of the provisions of this chapter.
SECTION 99. Section 75-89-23, Mississippi Code of 1972, is amended as follows:
75-89-23. (1) (a) Upon a proper showing by the administrator that a person has violated, or is about to violate, any provision of this chapter or any rule or order of the administrator, the court may grant appropriate legal or equitable remedies.
(b) Upon a showing of violation of this chapter or a rule or order of the administrator, the court, in addition to traditional legal and equitable remedies, including temporary restraining orders, permanent or temporary prohibitory or mandatory injunctions, and writs of prohibition or mandamus, may grant the following special remedies:
(i) Disgorgement;
(ii) Declaratory judgment;
(iii) Restitution to investors wishing restitution; and
(iv) Appointment of a receiver or conservator for the defendant or the defendant's assets.
(c) Appropriate remedies when the defendant is shown only about to violate this chapter or a rule or order of the administrator shall be limited to:
(i) A temporary restraining order;
(ii) A temporary or permanent injunction;
(iii) A writ of prohibition or mandamus; or
(iv) An order appointing a receiver or conservator for the defendant or the defendant's assets.
(d) Upon a proper
showing by the administrator or commodity agency of another state that a
person, other than a government or governmental agency or instrumentality, has
violated, or is about to violate, any provision of the commodity code of that
state or any rule or order of the administrator or commodity agency of that
state, the * * * inferior
courts of the Capitol Complex Improvement District may grant appropriate
legal and equitable remedies.
(e) Upon showing of a violation of the commodity act of another state or a rule or order of the administrator or commodity agency of another state, the court, in addition to traditional legal or equitable remedies including temporary restraining orders, permanent or temporary prohibitory or mandatory injunctions and writs of prohibition or mandamus, may grant the following special remedies:
(i) Disgorgement; and
(ii) Appointment of a receiver, conservator or ancillary receiver or conservator for the defendant or the defendant's assets located in this state.
(f) Appropriate remedies when the defendant is shown only about to violate the commodity act of another state or a rule or order of the administrator or commodity agency of another state shall be limited to:
(i) A temporary restraining order;
(ii) A temporary or permanent injunction;
(iii) A writ of prohibition or mandamus; and
(iv) An order appointing a receiver, conservator or ancillary receiver or conservator for the defendant or the defendant's assets located in this state.
(2) The court shall not require the administrator to post a bond in any official action under this chapter.
SECTION 100. Section 41-71-11, Mississippi Code of 1972, is amended as follows:
41-71-11. Any applicant or
licensee aggrieved by the decision of the licensing agency after a hearing may,
within thirty (30) days after the mailing or serving of notice of the decision,
file a notice of appeal in the * * * inferior courts of the Capitol Complex Improvement
District or the chancery court of the county in which the home health agency
is located or to be located, and the chancery clerk shall serve a copy of the
notice of appeal upon the licensing agency. Thereupon the licensing agency
shall, within sixty (60) days or such additional time as the court may allow
from the filing of such notice, certify to the court a copy of the record and
decision, including the transcript of the hearings on which the decision is based.
Findings of fact by the licensing agency shall be conclusive unless
substantially contrary to the weight of the evidence, but upon good cause
shown, the court may remand the case to the licensing agency to take further
evidence, and the licensing agency may thereupon affirm, reverse or modify its
decision. The court may affirm, modify or reverse the decision of the licensing
agency and either the applicant or licensee or the licensing agency may appeal
from this decision to the Supreme Court as in other cases in the chancery
court. Pending final disposition of the matter the status quo of the applicant
or licensee shall be preserved, except as the court otherwise orders in the
public interest. Rules with respect to court costs as in other cases in chancery
shall apply equally to cases under this section.
SECTION 101. Section 29-7-21, Mississippi Code of 1972, is amended as follows:
29-7-21. (1) Any person or interested party aggrieved by any final rule, regulation, permit or order of the commission may file a petition with the commission within thirty (30) days after the final rule, regulation, permit or order is entered on the minutes. The petition shall set forth the grounds and reasons for the complaint and request a hearing of the matter involved. However, there shall be no hearing on the same subject matter that has previously been held before the commission or its designated hearing officer. The commission shall fix the time and place of the hearing and notify the petitioners thereof. In pending matters, the commission shall have the same powers as to subpoenaing witnesses, administering oaths, examining witnesses under oath and conducting the hearing, as is now vested by law in the Mississippi Public Service Commission, as to hearings before it, with the additional power that the executive director may issue all subpoenas, both at the instance of the petitioner and of the commission. At the hearings the petitioner, and any other interested party, may offer exhibits, present witnesses, and otherwise submit evidence, as the commission deems appropriate. After the hearing, the commission's decision shall be deemed the final administrative agency decision on the matter.
(2) Any interested person aggrieved
by any final rule, regulation, permit or order of the commission issued under
this section, regardless of the amount involved, may appeal to the * * * inferior courts of the Capitol Complex Improvement
District which shall be taken and perfected as hereinafter provided, within
thirty (30) days from the date that the final rule, regulation or order is
filed for record in the office of the commission. The chancery court may affirm
the rule, regulation, permit, or order, or reverse the same for further
proceedings as the court may require. All appeals shall be on the record,
taken and perfected, heard and determined either in termtime or in vacation,
including a transcript of pleadings and testimony, both oral and documentary,
filed and heard before the commission, and the appeal shall be heard and
disposed of promptly by the court as a preference cause. In perfecting any appeal
provided by this section, the provisions of law respecting notice to the
reporter and the allowance of bills of exception, now or hereafter in force
respecting appeals from the chancery court to the Supreme Court, shall be
applicable. However, the reporter shall transcribe his notes and file the transcript
of the record with the board within thirty (30) days after approval of the
appeal bond.
(3) Upon the filing with the commission of a petition for appeal to the Hinds County Chancery Court, it shall be the duty of the commission, as promptly as possible and within sixty (60) days after approval of the appeal bond, if required, to file with the clerk of the chancery court to which the appeal is taken, a copy of the petition for appeal and of the rule, regulation, permit or order appealed from, and the original and one (1) copy of the transcript of the record of proceedings in evidence before the commission. After the filing of the petition, the appeal shall be perfected by the filing with the clerk of the chancery court to which the appeal is taken of bond in the sum of Five Hundred Dollars ($500.00) with two (2) sureties or with a surety company qualified to do business in Mississippi as the surety, conditioned to pay the cost of the appeal; the bond to be approved by any member of the commission, or by the clerk of the court to which the appeal is taken. The perfection of an appeal shall not stay or suspend the operation of any rule, regulation, permit or order of the board, but the judge of the chancery court to which the appeal is taken may award a writ of supersedeas to any rule, regulation, permit or order of the commission after five (5) days' notice to the commission and after hearing. Any order or judgment staying the operation of any rule, regulation, permit or order of the commission shall contain a specific finding, based upon evidence submitted to the chancery judge and identified by reference thereto, that great or irreparable damage would result to the appellant if he is denied relief, and the stay shall not become effective until a supersedeas bond shall have been executed and filed with and approved by the clerk of the court or the chancery judge, payable to the state. The supersedeas bond shall be in an amount fixed by the chancery judge to protect the lessee or permittee from loss or damage from the stay and conditioned as the chancery judge may direct in the order granting the supersedeas. If the appeal is of a commission order concerning the lease of state lands for minerals, that appeal shall be given priority over other matters pending in the chancery court. If the appeal is of a commission permit, that appeal shall be given priority over other matters pending in chancery court.
SECTION 102. Section 83-17-83, Mississippi Code of 1972, is amended as follows:
83-17-83. Any person
aggrieved by any action or decision of the Commissioner of Insurance under the
provisions of this article may appeal therefrom, within thirty (30) days after receipt
of notice thereof, to the * * * Circuit Court of the First Judicial District of Hinds County inferior
courts of the Capitol Complex Improvement District by certiorari in the
manner provided by law. Such appeal shall be without supersedeas, except that
the court may grant supersedeas as otherwise provided by law where the license
is revoked. The court shall have the authority and jurisdiction to hear the
appeal and render its decision in regard thereto in termtime or vacation.
SECTION 103. Section 83-24-9, Mississippi Code of 1972, is amended as follows:
83-24-9. (1) No delinquency proceeding shall be commenced under this chapter by anyone other than the commissioner and no court shall have jurisdiction to entertain, hear or determine any proceeding commenced by any other person.
(2) No court shall have jurisdiction to entertain, hear or determine any complaint praying for the dissolution, liquidation, rehabilitation, sequestration, conservation or receivership of any insurer; or praying for an injunction or restraining order or other relief preliminary to, incidental to or relating to such proceedings other than in accordance with this chapter.
(3) In addition to other grounds for jurisdiction provided by the law of this state, a court having jurisdiction of the subject matter has jurisdiction over a person served pursuant to the Mississippi Rules of Civil Procedure or other applicable provisions of law in an action brought by the receiver of a domestic insurer or an alien insurer domiciled in this state:
(a) If the person served is an agent, broker, or other person who has at any time written policies of insurance for or has acted in any manner whatsoever on behalf of an insurer against which a delinquency proceeding has been instituted, in any action resulting from or incident to such a relationship with the insurer; or
(b) If the person served is a reinsurer who has at any time entered into a contract of reinsurance with an insurer against which a delinquency proceeding has been instituted, or is an agent or broker of or for the reinsurer, in any action on or incident to the reinsurance contract; or
(c) If the person served is or has been an officer, director, manager, trustee, organizer, promoter, or other person in a position of comparable authority or influence over an insurer against which a delinquency proceeding has been instituted, in any action resulting from or incident to such a relationship with the insurer; or
(d) If the person served is or was at the time of the institution of the delinquency proceeding against the insurer holding assets in which the receiver claims an interest on behalf of the insurer, in any action concerning the assets; or
(e) If the person served is obligated to the insurer in any way whatsoever, in any action on or incident to the obligation.
(4) If the court on motion of any party finds that any action should as a matter of substantial justice be tried in a forum outside this state, the court may enter an appropriate order to stay further proceedings on the action in this state.
(5) All action herein
authorized shall be brought in the * * * inferior courts of the Capitol Complex Improvement District.
SECTION 104. Section 83-24-101, Mississippi Code of 1972, is amended as follows:
83-24-101. (1) If no domiciliary receiver has been appointed, the commissioner may apply to the court by verified petition for an order directing him to liquidate the assets found in this state of a foreign insurer or an alien insurer not domiciled in this state, on any of the following grounds:
(i) Any of the grounds in Section 83-24-23 or 83-24-33; or
(ii) Any of the grounds specified in Section 83-24-99(1)(b) through (d).
(2) When an order is sought under subsection (1), the court shall cause the insurer to be given such notice and time to respond thereto as is reasonable under the circumstances.
(3) If it shall appear to
the court that the best interests of creditors, policyholders and the public require,
the court may issue an order to liquidate in whatever terms it shall deem appropriate.
The filing or recording of the order with the Clerk of the * * * inferior courts of the Capitol Complex Improvement District
or of the county in which the principal business of the company is located or
the county in which its principal office or place of business is located, shall
impart the same notice as a deed, bill of sale or other evidence of title duly
filed or recorded with that chancery court would have imparted.
(4) If a domiciliary liquidator is appointed in a reciprocal state while a liquidation is proceeding under this section, the liquidator under this section shall thereafter act as ancillary receiver under Section 83-24-105. If a domiciliary liquidator is appointed in a nonreciprocal state while a liquidation is proceeding under this section, the liquidator under this section may petition the court for permission to act as ancillary receiver under Section 83-24-105.
(5) On the same grounds as are specified in subsection (1), the commissioner may petition any appropriate federal district court to be appointed receiver to liquidate that portion of the insurer's assets and business over which the court will exercise jurisdiction, or any lesser part thereof that the commissioner deems desirable for the protection of the policyholders and creditors in this state.
(6) The court may order the commissioner, when he has liquidated the assets of a foreign or alien insurer under this section, to pay claims of residents of this state against the insurer under such rules as to the liquidation of insurers under this chapter as are otherwise compatible with the provisions of this section.
SECTION 105. Section 73-53-25, Mississippi Code of 1972, is amended as follows:
73-53-25. Any person
aggrieved by a decision of the board shall have the right to appeal therefrom
to the circuit court of the county of the residence of the aggrieved party or
to the * * * inferior courts of
the Capitol Complex Improvement District in the manner provided by law for
appeals from administrative decisions. Actions taken by the board in
suspending a license when required by Section 93-11-157 or 93-11-163 are not actions
from which an appeal may be taken under this section. Any appeal of a license
suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in
accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163,
as the case may be, rather than the procedure specified in this section.
SECTION 106. Section 75-56-27, Mississippi Code of 1972, is amended as follows:
75-56-27. Any person found by the commissioner or the State Chemist to be in violation of any provision of this chapter may be assessed a penalty as provided in Section 75-55-37. In addition to or in lieu of such penalties, the commissioner may suspend or revoke the permit or license of such person issued under terms of this chapter. The commissioner shall notify such person of such action in writing delivered by first class United States Mail. Such person shall have fifteen (15) days after the notice is mailed within which to request in writing a hearing before the commissioner or his designee for the purpose of deciding whether or not the penalty imposed should be allowed to stand. The commissioner may issue subpoenas to compel the attendance of witnesses or the production of documents or physical evidence, administer oaths and hear testimony.
If such person does not
deliver the written request for a hearing within such time to the commissioner,
the commissioner's original decision shall be final. An appeal, if taken, must
be perfected within thirty (30) days after the decision of the commissioner
with the circuit court of the county of the residence of the accused. If such
person is a nonresident of the State of Mississippi, the case shall be appealed
to the * * * inferior
courts of the Capitol Complex Improvement District. If any penalty imposed
by the commissioner is not paid within thirty (30) days of becoming final, the
commissioner may take appropriate legal action to collect such penalty and the
court shall award the commissioner reasonable attorney's fees and court costs
to collect the penalty. The commissioner may adopt such rules and regulations
as may be necessary or desirable to carry out the provisions of this chapter.
SECTION 107. Section 75-29-205, Mississippi Code of 1972, is amended as follows:
75-29-205. The Commissioner
of Agriculture and Commerce is authorized, in his discretion, to issue an order
to stop the sale or distribution of any syrup or syrup products found to be in
violation of this article. Upon written notice by the commissioner to the
manufacturer or distributor of the syrup or syrup products sold in violation of
this article, the syrup or syrup products shall be picked up by the manufacturer
or distributor and the buyer of the syrup or syrup products shall be refunded the
purchase price by the manufacturer or distributor. Any order to stop the sale
of syrup or syrup products may be appealed to the * * *
inferior courts of the Capitol Complex Improvement District or the
chancery court in the county where the violation occurred within thirty (30)
days of receipt of the order.
SECTION 108. Section 75-58-15, Mississippi Code of 1972, is amended as follows:
75-58-15. (a) Interest. — Should any person fail to make any payment required under this chapter when the same is due, interest shall accrue at the rate of twelve percent (12%) per annum from the date due until paid, provided, however, should operator fail to remit payment of net proceeds to any consenting nonoperator within the time herein provided because the title of such consenting nonoperator is not marketable, the rate of interest as to the net proceeds attributable to such consenting nonoperator shall be five percent (5%) accruing from the date when due until the title is rendered marketable. Marketability of title shall be determined in accordance with the then current legally recognized real property law governing title to oil and gas interests. Where the title to a balancing party's interest is not marketable, and where all the claimants to such interest are not consenting nonoperators, operator may refuse to produce and deliver any gas attributable to such interest until such time as the title is rendered marketable. Gas attributable to such interest shall be allocated as underproduction.
(b) Interpleader. — An operator shall have the right to initiate an action of interpleader where the operator may be exposed to double or multiple liability in the payment of net proceeds. Upon deposit with the court of the net proceeds plus accrued interest thereon as of the date of such deposit as provided by this chapter, operator shall thereafter be relieved of all liability relating to the net proceeds and accrued interest so deposited with the court. Operator shall be entitled to deduct and/or receive from the net proceeds and accrued interest all reasonable costs incurred by operator in such action of interpleader. An overproduced party desiring to cash balance shall also have the right to initiate an action of interpleader where such overproduced party may be exposed to double or multiple liability in the payment of proceeds for cash balancing. Upon deposit with the court of the proceeds for cash balancing, such overproduced party shall thereafter be relieved of all liability relating to such proceeds so deposited with the court. The overproduced party shall be entitled to deduct and/or receive from the proceeds for cash balancing all reasonable costs incurred by such overproduced party in such action of interpleader.
(c) Jurisdiction Over Disputes.
— Jurisdiction and venue for any proceeding brought pursuant to this chapter shall
be in the * * * inferior
courts of the Capitol Complex Improvement District or in the chancery court
of any county in which all or part of the unit for the well is situated.
SECTION 109. Section 31-17-181, Mississippi Code of 1972, is amended as follows:
31-17-181. Any notes sold
and issued under the provisions of Sections 31-17-151 through 31-17-181 may, in
the discretion of the commission, be validated in the * * * inferior courts of the Capitol Complex Improvement
District in the manner and with the force and effect provided now or
hereafter by Chapter 13, Title 31, Mississippi Code of 1972, for the validation
of municipal bonds.
SECTION 110. Section 45-14-21, Mississippi Code of 1972, is amended as follows:
45-14-21. (1) The agency may refuse to grant a license or registration as provided in Sections 45-14-11 and 45-14-13 to any applicant or registrant who does not possess the requirements or qualifications which the agency may prescribe in rules and regulations, or who has been refused issuance or renewal of a license, registration, permit or certificate by a licensing or registering authority of another state or the United States Nuclear Regulatory Commission, or whose license, registration, permit or certificate has been revoked, suspended or restricted by such licensing or registering authority. The agency may suspend, revoke or amend any license or registration in the event that the person to whom such license or registration was granted violates any of the rules and regulations of the agency, or ceases, or fails to have the reasonable facilities prescribed by the agency, or has a license, registration, permit or certificate revoked, suspended or restricted by a licensing or registering authority of another state, or the United States Nuclear Regulatory Commission. Provided, that before any order is entered denying an application for a license or registration or suspending, revoking, modifying or amending a license or registration previously granted, the applicant or person to whom such license or registration was granted shall be given notice and granted a hearing by the State Health Officer.
(2) Whenever the agency in its opinion finds that an emergency exists requiring immediate action to protect the public health and safety, the agency may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as is necessary to meet the emergency. Notwithstanding any provision of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, and on application to the agency shall be afforded a hearing within ten (10) days. On the basis of such a hearing, the emergency order shall be continued, modified or revoked within thirty (30) days after such hearing, as the board, with consultation of the council, may deem appropriate under the evidence.
(3) Any applicant or person
to whom a license or registration was granted who shall be aggrieved by any
order of the agency or its duly authorized agent denying such application or
suspending, revoking or amending such license or registration, may appeal directly
to the chancery court of the county of his residence, or if he is a nonresident,
to the * * * inferior
courts of the Capitol Complex Improvement District.
SECTION 111. Section 79-4-16.05, Mississippi Code of 1972, is brought forward as follows:
79-4-16.05. (a) A director of a corporation is entitled to inspect and copy the books, records and documents of the corporation at any reasonable time to the extent reasonably related to the performance of the director's duties as a director, including duties as a member of a committee, but not for any other purpose or in any manner that would violate any duty to the corporation.
(b) The chancery court of the county where the corporation's principal office (or if none in the state, its registered office) is located may order inspection and copying of the books, records and documents at the corporation's expense, upon application of a director who has been refused such inspection rights, unless the corporation establishes that the director is not entitled to such inspection rights. The court shall dispose of an application under this subsection on an expedited basis.
(c) If an order is issued, the court may include provisions protecting the corporation from undue burden or expense, and prohibiting the director from using information obtained upon exercise of the inspection rights in a manner that would violate a duty to the corporation, and may also order the corporation to reimburse the director for the director's costs (including reasonable counsel fees) incurred in connection with the application.
SECTION 112. Section 79-4-14.23, Mississippi Code of 1972, is amended as follows:
79-4-14.23. (a) If the Secretary of State denies a corporation's application for reinstatement following administrative dissolution, he shall serve the corporation under Section 79-4-5.04 with a written notice that explains the reason or reasons for denial.
(b) The corporation may
appeal the denial of reinstatement to the * * * inferior courts of the Capitol Complex Improvement District
or the chancery court of the county where the corporation is domiciled within
thirty (30) days after service of the notice of denial is perfected. The corporation
appeals by petitioning the court to set aside the dissolution and attaching to
the petition copies of the Secretary of State's certificate of dissolution, the
corporation's application for reinstatement and the Secretary of State's notice
of denial.
(c) The court may summarily order the Secretary of State to reinstate the dissolved corporation or may take other action the court considers appropriate.
(d) The court's final decision may be appealed as in other civil proceedings.
SECTION 113. Section 79-29-209, Mississippi Code of 1972, is amended as follows:
79-29-209. If a
person required by this Article 2 to sign a certificate fails or refuses to do
so, any other person who is adversely affected by the failure or refusal may petition
the chancery court of the county in which the principal office is located or
the * * * inferior
courts of the Capitol Complex Improvement District if the limited liability
company does not have a principal office in this state to direct the signing of
the certificate. If the court finds that it is proper for the certificate to
be signed and that any person so designated has failed or refused to sign the
certificate, it shall order appropriate relief, including an order to the
Secretary of State to file an appropriate certificate.
SECTION 114. Section 79-4-14.08, Mississippi Code of 1972, is amended as follows:
79-4-14.08. (a) A
dissolved corporation that has published a notice under Section 79-4-14.07 may file
an application with the * * * chancery court inferior courts of the Capitol Complex
Improvement District of the county where the dissolved corporation's
principal office (or, if none in this state, its registered office) is located
for a determination of the amount and form of security to be provided for
payment of claims that are contingent or have not been made known to the dissolved
corporation or that are based on an event occurring after the effective date of
dissolution but that, based on the facts known to the dissolved corporation,
are reasonably estimated to arise after the effective date of dissolution.
Provision need not be made for any claim that is or is reasonably anticipated
to be barred under Section 79-4-14.07(c).
(b) Within ten (10) days after the filing of the application, notice of the proceeding shall be given by the dissolved corporation to each claimant holding a contingent claim whose contingent claim is shown on the records of the dissolved corporation.
(c) The court may appoint a guardian ad litem to represent all claimants whose identities are unknown in any proceeding brought under this section. The reasonable fees and expenses of such guardian, including all reasonable expert witness fees, shall be paid by the dissolved corporation.
(d) Provision by the dissolved corporation for security in the amount and the form ordered by the court under subsection (a) of this section shall satisfy the dissolved corporation's obligations with respect to claims that are contingent, have not been made known to the dissolved corporation or are based on an event occurring after the effective date of dissolution, and such claims may not be enforced against a shareholder who received assets in liquidation.
SECTION 115. Section 41-9-31, Mississippi Code of 1972, is amended as follows:
41-9-31. Any applicant or
licensee aggrieved by the decision of the licensing agency after a hearing may,
within thirty (30) days after the mailing or serving of notice of the decision as
provided in Section 41-9-15, file a notice of appeal in the * * *
inferior courts of the Capitol Complex Improvement District or the
chancery court of the county in which the hospital is located or to be located,
and the chancery clerk thereof shall serve a copy of the notice of appeal upon
the licensing agency. Thereupon the licensing agency shall, within sixty (60)
days or such additional time as the court may allow from such notice, certify
and file with the court a copy of the record and decision, including the
transcript of the hearings, on which the decision is based. Findings of fact by
the licensing agency shall be conclusive unless substantially contrary to the weight
of the evidence. However, upon good cause shown, the court may remand the case
to the licensing agency to take further evidence, and the licensing agency may
thereupon affirm, reverse or modify its decision. The court may affirm, modify
or reverse the decision of the licensing agency, and either the applicant or licensee
or the licensing agency may appeal from this decision to the Supreme Court as
in other cases in the chancery court. Pending final disposition of the matter
of the status quo of the applicant or licensee shall be preserved, except as
the court otherwise orders in the public interest. Rules with respect to court
costs in other cases in chancery shall apply equally to cases hereunder.
SECTION 116. Section 41-29-131, Mississippi Code of 1972, is amended as follows:
41-29-131. (1) Upon presentation before the State Board of Pharmacy by any person showing grounds for denying, suspending or revoking a controlled substance registration, or refusing a renewal of registration, the State Board of Pharmacy may, in its discretion, deny such registration, revoke or suspend such registration or refuse a renewal of such registration.
(2) Before denying, suspending or revoking a registration, or refusing a renewal of registration, the State Board of Pharmacy shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked or suspended, or why the renewal should not be refused. The order to show cause shall contain a statement of the basis therefor and shall call upon the applicant or registrant to appear before the State Board of Pharmacy at a time and place not less than twenty (20) days after the date of service of the order, but in the case of a denial or renewal of registration, the show cause order shall be served not later than thirty (30) days before the expiration of the registration. Such order may be served by mailing a copy thereof by United States, first-class, certified mail, postage prepaid, to the last-known residence or business address of such registrant. The hearings on such charges shall be at such time and place as the State Board of Pharmacy may prescribe.
(3) At such hearings, all witnesses shall be sworn by a member of the State Board of Pharmacy, and stenographic notes of the proceedings may be taken and filed as a part of the record in the case. Any party to the proceedings requesting it shall be furnished with a copy of such stenographic notes upon payment to the State Board of Pharmacy of such fees as it shall prescribe, not exceeding, however, the actual cost thereof.
(4) The State Board of Pharmacy is authorized and empowered to issue subpoenas for the attendance of witnesses and the production of books and papers. The process issued by the State Board of Pharmacy shall extend to all parts of the state and such process shall be served by any person designated by the State Board of Pharmacy for such service. The person serving such process shall receive such compensation as may be allowed by the State Board of Pharmacy, not to exceed the fee prescribed by law for similar services. All witnesses who shall be subpoenaed, and who shall appear in any proceedings before the State Board of Pharmacy, shall receive the same fees and mileage as allowed by law and all such fees shall be taxed as part of the costs in the case.
(5) Where in any proceeding before the State Board of Pharmacy any witness shall fail or refuse to attend upon subpoena issued by the board, shall refuse to testify, or shall refuse to produce any books and papers, the production of which is called for by the subpoena, the attendance of such witness and the giving of his testimony and the production of the books and papers shall be enforced by any court of competent jurisdiction of this state in the manner provided for the enforcement of attendance and testimony of witnesses in civil cases in the courts of this state.
(6) The State Board of Pharmacy shall conduct the hearing in an orderly and continuous manner, granting continuances only when the ends of justice may be served. The State Board of Pharmacy shall, within sixty (60) days after the conclusion of the hearing, reduce its decision to writing and forward an attested true copy thereof to the last-known residence or business address of such applicant, registrant or holder of a registration, by way of United States, first-class, certified mail, postage prepaid.
(7) Such applicant, registrant, holder of a registration or person aggrieved shall have the right of appeal from an adverse ruling or order or decision of the State Board of Pharmacy to the chancery court, upon forwarding notice of appeal to the State Board of Pharmacy thirty (30) days after the decision of the board is mailed in the manner here contemplated. An appeal will not be allowed in the event notice of appeal, together with the appeal bond hereinafter required, shall not have been forwarded for the State Board of Pharmacy within the period of thirty (30) days.
(8) Appeal shall be to the
chancery court of the county and judicial district of the residence of the
appellant, or to the * * * inferior
courts of the Capitol Complex Improvement District at the election of the
appellant. The notice of appeal shall elect venue, unless the appellant be a nonresident,
in which event the State Board of Pharmacy shall certify all documents and evidence
directly to the * * * inferior
courts of the Capitol Complex Improvement District for further proceedings.
The appeal shall thereupon be heard in due course by the court, which shall review
the record and make its determination thereon.
(9) The appellant shall, together with the notice of appeal, forward to and post with the State Board of Pharmacy a satisfactory bond in the amount of Two Hundred Dollars ($200.00) for the payment of any costs which may be adjudged against him.
(10) Any order, rule or decision of the State Board of Pharmacy shall not take effect until after the time for appeal shall have expired. In the event of an appeal, the appeal shall act as a supersedeas and the court shall dispose of the appeal and enter its decision promptly. The hearing on the appeal may, in the discretion of the chancellor, be tried in vacation.
(11) These proceedings shall be conducted in accordance with applicable administrative procedures without regard to any criminal prosecution or other proceeding. Proceedings to refuse renewal of registration shall not abate the existing registration, which shall remain in effect pending the outcome of the administrative hearing.
(12) The Mississippi Bureau of Narcotics or the State Board of Pharmacy may suspend, without an order to show cause, any registration simultaneously with the institution of proceedings under Section 41-29-129, or where renewal of registration is refused, if it finds that there is an imminent danger to the public health or safety which warrants this action. The suspension shall continue in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the suspending agency or dissolved by a court of competent jurisdiction.
SECTION 117. Section 73-43-14, Mississippi Code of 1972, is amended as follows:
73-43-14. The State Board of
Medical Licensure may appoint an executive committee, to be composed of three (3)
of its members, with a chairman to be designated by the board from the members
appointed to said committee. The executive committee shall have authority to
execute all the powers vested in the board, in the interim of the meetings of
the board. The executive committee shall have the authority to conduct
licensure hearings pursuant to Section 73-25-27, provided that the power to
revoke shall be subject to approval of the board. Any person aggrieved by a
decision of the executive committee regarding licensure may appeal to the
board. Any person aggrieved by an action of the board regarding licensure may
appeal to the * * * inferior
courts of the Capitol Complex Improvement District. Any action of the executive
committee shall be legal and binding until modified or annulled by the board,
and all pains and penalties prescribed for violating the rules of the board shall
apply to any violation of rules and regulations that may be prescribed by the
executive committee. Any two (2) members of the executive committee shall be a
quorum for the transaction of business.
All official meetings of the executive committee, as to time and place, shall be held pursuant to a call of the president of the board.
Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.
SECTION 118. Section 51-9-117, Mississippi Code of 1972, is amended as follows:
51-9-117. Such election
shall be held, as far as is practicable, in the same manner as other elections
are held in counties. At such election, all qualified electors of such counties
may vote, and the ballots used at such election shall have printed thereon the
words "FOR BEING INCLUDED IN THE PEARL RIVER VALLEY WATER SUPPLY DISTRICT"
and "AGAINST BEING INCLUDED IN THE PEARL RIVER VALLEY WATER SUPPLY
DISTRICT"; and the voter shall vote by placing a cross (x) or check mark (✓) opposite his
choice on the proposition. In any particular county, should a majority of the
qualified electors voting in such election in such county vote in favor of the
creation of the Pearl River Valley Water Supply District, then that county
shall become a part of the water supply district. The * * * inferior courts of the Capitol Complex Improvement District
or the chancellor thereof in vacation, shall thereupon enter a final order including
such county in the district. In any particular county, should a majority of
the qualified electors voting in such election in such county vote against
being included in the Pearl River Valley Water Supply District, then that
county shall not become a part of the water supply district.
SECTION 119. Section 73-60-7, Mississippi Code of 1972, is amended as follows:
73-60-7. (1) The Mississippi Real Estate Commission shall have the duties and powers to:
(a) Be responsible for matters relating to home inspectors' code of ethics and standards, home inspector qualifications, testing standards and disciplinary functions.
(b) Hold meetings, public hearings and administrative hearings and prepare examination specifications for licensed home inspectors.
(c) Conduct
investigations, subpoena individuals and records, administer oaths, take testimony
and receive evidence and to do all other things necessary and proper to discipline
a person licensed under this chapter and to enforce this chapter. In case of
contumacy by, or refusal to obey a subpoena issued to, any person, the * * * inferior courts of the Capitol Complex Improvement
District, upon application by the commission, may issue to this person an
order requiring him to appear before the commission, or the officer designated
by him, there to produce documentary evidence if so ordered or to give evidence
touching the matter under investigation or in question. Failure to obey the
order of the court may be punished by the court as contempt of court.
(d) Further define by regulation, the type of educational experience, home inspector experience and equivalent experience that will meet the statutory requirements.
(e) Suspend or revoke licenses pursuant to the disciplinary proceedings provided for in this chapter.
(f) Present an annual budget to the Mississippi Legislature for approval. A copy of the budget shall be given to the commission.
(2) The members of the commission shall be immune from any civil action or criminal prosecution for initiating or assisting in any lawful investigation of the actions of, or participating in any disciplinary proceeding concerning, a home inspector licensed pursuant to this chapter, provided that such action is taken without malicious intent and in the reasonable belief that the action was taken pursuant to the powers and duties vested in the members of the commission under this chapter.
SECTION 120. Section 9-5-19, Mississippi Code of 1972, is brought forward as follows:
9-5-19. (1) There shall be four (4) chancellors for the Fifth Chancery Court District. One (1) chancellor shall be elected from each subdistrict.
(2) While there shall be no limitation whatsoever upon the powers and duties of the said chancellors other than as cast upon them by the Constitution and laws of this state, the court in the First Judicial District of Hinds County, in the discretion of the senior chancellor, may be divided into four (4) divisions as a matter of convenience by the entry of an order upon the minutes of the court.
SECTION 121. Section 31-31-33, Mississippi Code of 1972, is amended as follows:
31-31-33. The bonds authorized
under the authority of this chapter may be validated in the * * * inferior courts of the Capitol Complex Improvement
District in the manner and with the force and effect provided by this
chapter 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 122. Section 43-13-223, Mississippi Code of 1972, is amended as follows:
43-13-223. (1) An action
brought in connection with any matter under this article may be filed in the * * * inferior courts of the Capitol Complex Improvement District
or in the circuit court of the county in which the defendant resides, and may be
prosecuted to final judgment in satisfaction there.
(2) Process issued by a court in which an action is filed may be served anywhere in the state.
SECTION 123. Section 45-45-17, Mississippi Code of 1972, is amended as follows:
45-45-17. (1) A license issued pursuant to this chapter may be suspended, revoked or subject to civil penalty by the administrator upon verification that any one or more of the following reasons exist:
(a) Any false statement as to a material matter in the application.
(b) Fraud, misrepresentation or bribery in securing a license.
(c) Failure to notify the licensing authority and the owner or lessee of an elevator or other conveyance in any condition that is not in compliance with this chapter.
(2) No license shall be suspended, revoked, denied or subject to civil penalty until after a hearing before the administrator upon notice and hearing to the licensee or applicant of at least twenty (20) days at the last known address appearing on the license or application, served personally or by registered mail. The administrator may suspend or revoke the license, deny the application, levy a civil penalty, or dismiss the proceeding.
(3) Any person, sole proprietor, firm, or corporation whose license is revoked, suspended or subject to civil penalty, or whose license application is denied, may appeal from such determination to the Commissioner of Insurance, which shall within thirty (30) days thereafter, hold a hearing, of which at least fifteen (15) days' written notice shall be given to all interested parties. The commissioner shall, within thirty (30) days after such hearing, issue a decision.
(4) Any person, sole proprietor,
firm or corporation whose license is revoked, suspended or subject to civil
penalty, or whose license application is denied, may appeal from such
determination to the * * *
inferior courts of the Capitol Complex Improvement District within
twenty (20) days of the final ruling.
SECTION 124. Section 77-3-733, Mississippi Code of 1972, is amended as follows:
77-3-733. Any party
aggrieved by any final order of the commission pursuant to this article, or any
rules and regulations promulgated pursuant to this article, shall have the
right of appeal to the * * *
inferior courts of the Capitol Complex Improvement District.
SECTION 125. Section 77-3-75, Mississippi Code of 1972, is amended as follows:
77-3-75. The commission may
apply to the * * * inferior
courts of the Capitol Complex Improvement District for enforcement, by mandamus,
injunction or other appropriate remedy, of any order of the commission.
SECTION 126. Section 49-17-44, Mississippi Code of 1972, is amended as follows:
49-17-44. (1) The Permit Board may require any applicant for a water pollution control permit for the discharge of effluent from any sewer system certificated or required to be certificated by the Public Service Commission to provide a bond or other acceptable financial security instrument payable to the Commission on Environmental Quality and conditioned upon full and satisfactory performance of the requirements of the Mississippi Air and Water Pollution Control Law and any water pollution control permit issued under that law. Any bond shall be executed by the permittee and a corporate surety licensed to do business in the state. The commission shall establish by regulation the acceptable forms of financial security and the amount of financial security required for the various types and sizes of facilities. The purpose of the bond or other financial security shall be the protection of the public health, welfare and the environment.
(2) The commission may enter an order requiring forfeiture of the bond or other financial security, if the commission determines that:
(a) The continued operation or lack of operation and maintenance of the facility covered by this section represents an imminent threat to the public health, welfare and the environment because the permittee is unable or unwilling to adequately operate and maintain the facility or the facility has been actually or effectively abandoned by the permittee;
(b) Reasonable and practical efforts under the circumstances have been made to obtain corrective actions from the permittee; and
(c) It does not appear that corrective actions can or will be taken within an appropriate time as determined by the commission.
(3) (a) The proceeds of
any forfeiture shall be deposited into a special fund created in subsection (5)
of this section and shall be used by the commission or any receiver appointed
by the * * * inferior courts of
the Capitol Complex Improvement District to address or correct the
noncompliance at the facility or to continue operation and maintenance of the
facility. The proceeds shall be in addition to any other funds otherwise
appropriated to the department and may be expended under the authority of this
section without additional action of the Legislature.
(b) The commission shall file an annual report detailing the receipts and expenditure of the bond forfeiture fund with the Chairmen of the House and Senate Appropriation Committees.
(4) If the commission finds that a facility has been abandoned or that services of a facility have been terminated, the commission may enter any orders regarding continued operations of that facility as it deems necessary to protect the public health, welfare and the environment.
(5) (a) There is created in the State Treasury a fund to be designated as the "Water Pollution Control Bond Forfeiture Fund." Monies in the fund shall be used by the commission or any receiver appointed by the court to address or correct the noncompliance at the facility or to continue operation and maintenance of the facility for which the bond or other financial security was forfeited.
(b) Expenditures may be made from the fund upon requisition by the executive director of the department.
(c) The fund shall be treated as a special trust fund. Interest earned on the principal shall be credited by the Treasurer to the fund.
(d) The fund may receive monies from any available public or private source, including, but not limited to, proceeds from bond or other financial security forfeitures, interest, and funds from other judicial actions.
(6) An appeal from any decision of the commission under this section may be taken as provided in Section 49-17-41, Mississippi Code of 1972.
(7) This section shall be applicable to new applications for water pollution control permits and to existing water pollution control permits upon application for reissuance or transfer of a permit.
SECTION 127. Section 37-145-35, Mississippi Code of 1972, is amended as follows:
37-145-35. Such general obligation bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by Sections 37-145-23 through 37-145-41. Any resolution providing for the issuance of general obligation bonds under the provisions of Sections 37-145-23 through 37-145-41 shall become effective immediately upon its adoption by the State Bond Commission, and any such resolution may be adopted at any regular, special or adjourned meeting of the State Bond Commission by a majority of its members.
The bonds authorized under the
authority of Sections 37-145-23 through 37-145-41 may, in the discretion of the
State Bond Commission, be validated in the * * * inferior courts of the Capitol Complex Improvement
District in the manner and with the force and effect provided now or hereafter
by Chapter 13, Title 31, Mississippi Code of 1972, for the validation of
county, municipal, school district and other bonds. The necessary papers for
such validation proceedings shall be transmitted to the State Bond Commission,
and the required notice shall be published in a newspaper published in the City
of Jackson, Mississippi.
SECTION 128. Section 37-17-5, Mississippi Code of 1972, is amended as follows:
37-17-5. It shall be the purpose
of the Commission on School Accreditation to continually review the standards
on accreditation and the enforcement thereof and to make recommendations
thereon to the State Board of Education. All controversies involving the
accreditation of schools shall be initially heard by a duly authorized
representative of the commission before whom a complete record shall be made.
After the conclusion of the hearing, the duly authorized representative of the
commission shall make a recommendation to the commission as to the resolution
of the controversies, and the commission, after considering the transcribed
record and the recommendation of its representative, shall make its decision
which becomes final unless the local school board of the school district involved
shall appeal to the State Board of Education, which appeal shall be on the
record previously made before the commission's representative except as may be
provided by rules and regulations adopted by the State Board of Education.
Such rules and regulations may provide for the submission of new factual evidence.
All appeals from the State Board of Education shall be on the record and shall
be filed in the * * *
inferior courts of the Capitol Complex Improvement District. The
commission shall select a competent and qualified court reporter to record and transcribe
all hearings held before its duly authorized representative whose fees and
costs of transcription shall be paid by the school district involved within
forty-five (45) days after having been notified of such costs and fees by the
commission. An appropriate member of the staff of the State Department of Education
shall be designated by the State Superintendent of Public Education to serve as
executive secretary of the commission.
SECTION 129. Section 79-4-8.09, Mississippi Code of 1972, is amended as follows:
79-4-8.09. (a) The
chancery court of the county where a corporation's principal office is located,
or the * * * inferior
courts of the Capitol Complex Improvement District if the corporation does
not have a principal office in this state, may remove a director of the
corporation from office in a proceeding commenced either by the corporation or
by its shareholders holding at least ten percent (10%) of the outstanding
shares of any class if the court finds that (1) the director engaged in fraudulent
or dishonest conduct, or gross abuse of authority or discretion, with respect
to the corporation, and (2) removal is in the best interest of the corporation.
(b) The court that removes a director may bar the director from reelection for a period prescribed by the court.
(c) If shareholders commence a proceeding under subsection (a), they shall make the corporation a party defendant.
SECTION 130. Section 73-7-27, Mississippi Code of 1972, is amended as follows:
73-7-27. (1) Any complaint may be filed with the board by a member or agent of the board or by any person charging any licensee of the board with the commission of any of the offenses enumerated in subsection (2) of this section. Such complaint shall be in writing, signed by the accuser or accusers, and verified under oath, and such complaints shall be investigated as set forth in Section 73-7-7. If, after the investigation, the board through its administrative review agents determines that there is not substantial justification to believe that the accused licensee has committed any of the offenses enumerated, it may dismiss the complaint or may prepare a formal complaint proceeding against the licensee as hereinafter provided. When used with reference to any complaint filed against a licensee herein, the term "not substantial justification" means a complaint that is frivolous, groundless in fact or law, or vexatious, as determined by unanimous vote of the board. In the event of a dismissal, the person filing the accusation and the accused licensee shall be given written notice of the board's determination. If the board determines there is reasonable cause to believe the accused has committed any of those offenses, the secretary of the board shall give written notice of such determination to the accused licensee and set a day for a hearing as provided in subsection (3) of this section.
(2) The board shall have the power to revoke, suspend or refuse to issue or renew any license or certificate provided for in this chapter, and to fine, place on probation and/or otherwise discipline a student or licensee or holder of a certificate, upon proof that such person: (a) has not complied with or has violated any of the rules and regulations promulgated by the board; (b) has not complied with or has violated any of the sections of this chapter; (c) has committed fraud or dishonest conduct in the taking of the examination herein provided for; (d) has been convicted of a felony; (e) has committed grossly unprofessional or dishonest conduct; (f) is addicted to the excessive use of intoxicating liquors or to the use of drugs to such an extent as to render him or her unfit to practice in any of the practices or occupations set forth in this chapter; (g) has advertised by means of knowingly false or deceptive statements; or (h) has failed to display the license or certificate issued to him or her as provided for in this chapter; or (i) has been convicted of violating any of the provisions of this chapter. A conviction of violating any of the provisions of this chapter shall be grounds for automatic suspension of the license or certificate of such person.
(3) The board shall not revoke, suspend or refuse to issue or renew any license or certificate, or fine, place on probation or otherwise discipline any person in a disciplinary matter except after a hearing of which the applicant or licensee or holder of the certificate affected shall be given at least twenty (20) days' notice in writing, specifying the reason or reasons for denying the applicant a license or certificate of registration, or in the case of any other disciplinary action, the offense or offenses of which the licensee or holder of a certificate of registration is charged. Such notice may be served by mailing a copy thereof by United States first-class certified mail, postage prepaid, to the last-known residence or business address of such applicant, licensee or holder of a certificate. The hearing on such charges shall be at such time and place as the board may prescribe.
(4) At such hearings, all witnesses shall be sworn by a member of the board, and stenographic notes of the proceedings shall be taken. Any party to the proceedings desiring it shall be furnished with a copy of such stenographic notes upon payment to the board of such fees as it shall prescribe, not exceeding, however, the actual costs of transcription.
(5) The board is hereby authorized and empowered to issue subpoenas for the attendance of witnesses and the production of books and papers. The process issued by the board shall extend to all parts of the state and such process shall be served by any person designated by the board for such service. The person serving such process shall receive such compensation as may be allowed by the board, not to exceed the fee prescribed by law for similar services. All witnesses who shall be subpoenaed, and who shall appear in any proceedings before the board, shall receive the same fees and mileage as allowed by law.
(6) Where in any proceeding before the board any witness shall fail or refuse to attend upon subpoena issued by the board, shall refuse to testify, or shall refuse to produce any books and papers, the production of which is called for by the subpoena, the attendance of such witness and the giving of his testimony and the production of the books and papers shall be enforced by any court of competent jurisdiction of this state, in the same manner as are enforced for the attendance and testimony of witnesses in civil cases in the courts of this state.
(7) The board shall conduct
the hearing in an orderly and continuous manner, granting continuances only when
the ends of justice may be served. The board shall, within sixty (60) days after
conclusion of the hearing, reduce its decision to writing and forward an attested
true copy thereof to the last-known residence or business address of such applicant,
licensee or holder of a certificate, by way of United States first-class certified
mail, postage prepaid. Such applicant, licensee, holder of a certificate, or person
aggrieved shall have the right of appeal from an adverse ruling, or order, or decision
of the board to the * * *
inferior courts of the Capitol Complex Improvement District, upon forwarding
notice of appeal to the board within thirty (30) days after the decision of the
board is mailed in the manner here contemplated. An appeal will not be allowed
in the event notice of appeal, together with the appeal bond hereinafter required,
shall not have been forwarded to the board within the thirty-day period. Appeal
shall be to the * * * inferior courts of the Capitol Complex Improvement District.
The appeal shall thereupon be heard in due course by the court which shall review
the record and make its determination thereon.
(8) The appellant shall, together with the notice of appeal, forward to and post with the board a satisfactory bond in the amount of Five Hundred Dollars ($500.00) for the payment of any costs which may be adjudged against him.
(9) In the event of an appeal, the court shall dispose of the appeal and enter its decision promptly. The hearing on the appeal may, in the discretion of the chancellor, be tried in vacation. If there is an appeal, such appeal may, in the discretion of and on motion to the chancery court, act as a supersedeas. However, any fine imposed by the board under the provisions of this chapter shall not take effect until after the time for appeal has expired, and an appeal of the imposition of such a fine shall act as a supersedeas.
(10) Any fine imposed by the board upon a licensee or holder of a certificate shall be in accordance with the following schedule:
(a) For the first violation, a fine of not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00) for each violation.
(b) For the second and each subsequent violation, a fine of not less than One Hundred Dollars ($100.00) nor more than Four Hundred Dollars ($400.00) for each violation.
The power and authority of the board to impose such fines under this section shall not be affected or diminished by any other proceeding, civil or criminal, concerning the same violation or violations.
(11) In addition to the reasons specified in subsection (2) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or 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. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 131. Section 83-41-349, Mississippi Code of 1972, is amended as follows:
83-41-349. (1) The commissioner may, in lieu of suspension or revocation of a certificate of authority under Section 83-41-339, levy an administrative penalty in an amount not less than One Hundred Dollars ($100.00) per violation, nor more than One Thousand Dollars ($1,000.00) per violation, if reasonable; notice in writing is given of the intent to levy the penalty and the health maintenance organization has a reasonable time within which to remedy the defect in its operations which gave rise to the penalty citation. The commissioner may augment this penalty by an amount equal to the sum that he calculates to be the damages suffered by enrollees or other members of the public.
(2) (a) If the commissioner or the State Health Officer shall for any reason have cause to believe that any violation of this article has occurred or is threatened, the commissioner or State Health Officer may give notice to the health maintenance organization and to the representatives, or other persons who appear to be involved in the suspected violation, to arrange a hearing with the alleged violators or their authorized representatives for the purpose of attempting to ascertain the facts relating to the suspected violation; and, if it appears that any violation has occurred or is threatened, to arrive at an adequate and effective means of correcting or preventing the violation.
(b) Proceedings under this subsection shall not be governed by any formal procedural requirements, and may be conducted in such manner as the commissioner or the State Health Officer may deem appropriate under the circumstances. However, unless consented to by the health maintenance organization, no rule or order may result from a conference until the requirements of this section of this article are satisfied.
(3) (a) The commissioner may issue an order directing a health maintenance organization or a representative of a health maintenance organization to cease and desist from engaging in any act or practice in violation of the provisions of this article.
(b) Within ten (10) days after service of the cease and desist order, the respondent may request a hearing on the question of whether acts or practices in violation of this article have occurred. The hearings shall be conducted pursuant to rules of practice and procedure before the Mississippi Insurance Department and judicial review shall be available as provided by Section 83-41-339.
(4) In the case of any
violation of the provisions of this article, if the commissioner elects not to
issue a cease and desist order, or in the event of noncompliance with a cease and
desist order issued pursuant to subsection (3), the commissioner may institute
a proceeding to obtain injunctive or other appropriate relief in the * * * inferior courts of the Capitol Complex
Improvement District.
(5) Notwithstanding any other provisions of this article, if a health maintenance organization fails to comply with the net worth requirement of this article, the commissioner is authorized to take appropriate action to assure that the continued operation of the health maintenance organization will not be hazardous to its enrollees.
SECTION 132. Section 73-13-93, Mississippi Code of 1972, is amended as follows:
73-13-93. Any person who
may feel aggrieved by an action of the board denying or revoking his certificate
of licensure or relicensure as a professional surveyor or enrollment as surveyor
intern may appeal therefrom to the chancery court of the county of residence of
such person and, after full hearing, the court shall make such order sustaining
or reversing the action of the board as to it may seem just and proper.
However, in case of a nonresident licensee or applicant, such appeal shall be
taken or made to the * * *
inferior courts of the Capitol Complex Improvement District.
Actions taken by the board in suspending a certificate of licensure when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a suspension of a certificate that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.
SECTION 133. Section 73-34-43, Mississippi Code of 1972, is amended as follows:
73-34-43. If, at the conclusion of the hearing, the board determines that a licensed appraiser, licensed certified real estate appraiser or appraisal management company is guilty of a violation of any of the provisions of this chapter, it shall prepare a formal decision that shall contain findings of fact concerning the appropriate disciplinary action to be taken.
The decision and order of
the board shall be final. Any applicant, licensee, registrant or person aggrieved
by a decision or order of the board shall have the right of appeal from such
adverse order or decision of the board to the circuit court of the county of
residence of the applicant, licensee, registrant or person, or of the * * * inferior
courts of the Capitol Complex Improvement District within thirty (30) days from
the service of notice of the action of the board upon the parties in interest.
Notice of appeals shall be filed in the office of the clerk of the court who
shall issue an order directed to the board commanding it, within ten (10) days
after service thereof, to certify to the court its entire record in the matter
in which the appeal has been taken. The appeal shall thereupon be heard in due
course by the court, without a jury, which shall review the record and make its
determination of the cause between the parties. To be effective, an
application for review made by an aggrieved party must be filed within thirty
(30) days after the party's receipt of the final decision and order of the board.
If an application is filed for review of a final decision and order of the board, the case shall be set for trial within sixty (60) days from the date of the filing of an answer for the board. If the court finds that the board has regularly pursued its authority and has not acted arbitrarily, it shall affirm the decision and order of the board.
Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.
SECTION 134. Section 83-1-155, Mississippi Code of 1972, is amended as follows:
83-1-155. (1) An insurer may be subject to administrative supervision by the commissioner if upon examination or at any other time it appears in the commissioner's discretion that:
(a) The insurer's condition renders the continuance of its business hazardous to the public or to its insureds;
(b) The insurer has exceeded its powers granted under its certificate of authority and applicable law;
(c) The insurer has failed to comply with the applicable provisions of the insurance code;
(d) The business of the insurer is being conducted fraudulently; or
(e) The insurer gives its consent.
(2) If the commissioner determines that the conditions set forth in subsection (1) of this section exist, the commissioner shall:
(a) Notify the insurer of such determination;
(b) Furnish to the insurer a written list of the requirements to abate this determination; and
(c) Notify the insurer
that it is under the supervision of the commissioner and that the commissioner
is applying and effectuating the provisions of Sections 83-1-151 through 83-1-169.
Such action by the commissioner may be appealed to the * * * inferior courts of the Capitol Complex Improvement District.
(3) If placed under administrative supervision, the insurer shall have sixty (60) days, or another period of time as designated by the commissioner, to comply with the requirements of the commissioner subject to the provisions of Sections 83-1-151 through 83-1-169.
(4) If it is determined after notice and hearing that the conditions giving rise to the supervision still exist at the end of the supervision period specified above, the commissioner may extend such period.
(5) If it is determined that none of the conditions giving rise to the supervision exist, the commissioner shall release the insurer from supervision.
SECTION 135. Section 79-14-813, Mississippi Code of 1972, is amended as follows:
79-14-813. (a) If the Secretary of State denies a limited partnership's application for reinstatement following administrative dissolution, the Secretary of State shall serve the partnership with a notice in a record that explains the reason or reasons for the denial.
(b) A limited partnership
may seek judicial review of denial of reinstatement in the * * * inferior courts of the Capitol Complex Improvement District
not later than thirty (30) days after service of the notice of denial.
(c) The court may summarily order the Secretary of State to reinstate the limited partnership or may take other action the court considers appropriate.
(d) The court's final decision may be appealed as in other civil proceedings.
SECTION 136. Section 79-4-7.20, Mississippi Code of 1972, is amended as follows:
79-4-7.20. (a) After fixing a record date for a meeting, a corporation shall prepare an alphabetical list of the names of all its shareholders who are entitled to notice of a shareholders' meeting. The list must be arranged by voting group (and within each voting group by class or series of shares) and show the address of and number of shares held by each shareholder.
(b) The shareholders' list must be available for inspection by any shareholder beginning two (2) business days after notice of the meeting is given for which the list was prepared and continuing through the meeting, at the corporation's principal office or at a place identified in the meeting notice in the city where the meeting will be held. A shareholder, his agent or attorney is entitled on written demand to inspect and, subject to the requirements of Section 79-4-16.02(c), to copy the list during regular business hours and at his expense, during the period it is available for inspection.
(c) The corporation shall make the shareholders' list available at the meeting, and any shareholder, his agent or attorney is entitled to inspect the list at any time during the meeting or any adjournment.
(d) If the corporation
refuses to allow a shareholder, his agent or attorney to inspect the
shareholders' list before or at the meeting (or copy the list as permitted by
subsection (b)), the chancery court of the county where a corporation's principal
office is located, or the * * * Chancery Court of the First Judicial District of Hinds County,
Mississippi inferior courts of the Capitol Complex Improvement District,
if the corporation does not have a principal office in this state, on application
of the shareholder, may summarily order the inspection or copying at the
corporation's expense and may postpone the meeting for which the list was prepared
until the inspection or copying is complete.
(e) Refusal or failure to prepare or make available the shareholders' list does not affect the validity of action taken at the meeting.
SECTION 137. Section 79-14-808, Mississippi Code of 1972, is amended as follows:
79-14-808. (a) A dissolved
limited partnership that has published a notice under Section 79-14-807 may
file an application with the chancery court in the county where the limited
partnership's principal office is located or, if the principal office is not located
in this state, in the * * *
inferior courts of the Capitol Complex Improvement District for a
determination of the amount and form of security to be provided for payment of
claims that are contingent, have not been made known to the limited
partnership, or are based on an event occurring after the date of dissolution
but which, based on the facts known to the limited partnership, are reasonably
expected to arise after the date of dissolution. Security is not required for
any claim that is or is reasonably anticipated to be barred under Section 79-14-807.
(b) Not later than ten (10) days after the filing of an application under subsection (a), the dissolved limited partnership shall give notice of the proceeding to each claimant holding a contingent claim known to the partnership.
(c) In a proceeding brought under this section, the court may appoint a guardian ad litem to represent all claimants whose identities are unknown. The reasonable fees and expenses of the guardian, including all reasonable expert witness fees, must be paid by the dissolved limited partnership.
(d) A dissolved limited partnership that provides security in the amount and form ordered by the court under subsection (a) satisfies the dissolved limited partnership's obligations with respect to claims that are contingent, have not been made known to the partnership, or are based on an event occurring after the date of dissolution, and such claims may not be enforced against a partner or transferee on account of assets received in liquidation.
SECTION 138. Section 41-77-21, Mississippi Code of 1972, is amended as follows:
41-77-21. Any applicant or
licensee aggrieved by the decision of the licensing agency after a hearing may,
within thirty (30) days after the mailing or serving of notice of the decision
as provided in Section 43-11-11, Mississippi Code of 1972, file a notice of
appeal to the * * * inferior
courts of the Capitol Complex Improvement District or in the chancery court
of the county in which the institution is located or proposed to be located.
If such notice of appeal is filed, it shall comply with Section 41-7-201(2),
(3) and (4), Mississippi Code of 1972. Thereupon, the licensing agency shall,
within the time and in the manner prescribed in Section 41-7-201(2), certify and
file with the court a copy of the record and decision, including the transcript
of the hearings in which the decision is based. No new or additional evidence
shall be introduced in court; the case shall be determined upon the record
certified to the court. The court may sustain or dismiss the appeal, modify or
vacate the order complained of in whole or in part, as the case may be; but in
case the order is wholly or partly vacated, the court may also, in its discretion,
remand the matter to the licensing agency for such further proceedings, not
inconsistent with the court's order, as, in the opinion of the court, justice
may require. The order may not be vacated or set aside, either in whole or in
part, except for errors of law, unless the court finds that the order of the
licensing agency is not supported by substantial evidence, is contrary to the
manifest weight of the evidence, is in excess of the statutory authority or
jurisdiction of the licensing agency, or violates any vested constitutional
rights of any party involved in the appeal. Pending final disposition of the
matter, the status quo of the applicant or licensee shall be preserved, except
as the court otherwise orders in the public interest. Rules with respect to
court costs in other cases in chancery shall apply equally to cases hereunder.
Appeals in accordance with law may be had to the Supreme Court of the State of
Mississippi from any final judgment of the chancery court.
SECTION 139. Section 75-71-609, Mississippi Code of 1972, is amended as follows:
75-71-609. (a)
Petition for judicial review of order; venue; scope of review. Any
person aggrieved by a final order of the administrator may obtain a review of
the order in the * * *
inferior courts of the Capitol Complex Improvement District by filing in
court, within sixty (60) days after the entry of the order, a written petition
praying that the order be modified or set aside, in whole or in part. A
copy of the petition shall be forthwith served upon the administrator and
thereupon the administrator shall certify and file in court a copy of the filing
and evidence upon which the order was entered. When these have been filed, the
court has exclusive jurisdiction to affirm, modify, enforce or set aside the order,
in whole or in part. The findings of the administrator as to the facts, if
supported by competent material and substantial evidence, are conclusive.
(b) Adduction of additional evidence. If either party applies to the court for leave to adduce additional material evidence, and shows to the satisfaction of the court that there were reasonable grounds for failure to adduce the evidence in the hearing before the administrator, the court may order the additional evidence to be taken before the administrator and to be adduced upon the hearing in such manner and upon such conditions as the court considers proper. The administrator may modify his findings and order by reason of the additional evidence and shall file in court the additional evidence together with any modified or new findings or order.
(c) Stay of administrative order under review. The commencement of proceedings under subsection (a) does not, unless specifically ordered by the court, operate as a stay of the administrator's order.
SECTION 140. Section 65-43-29, Mississippi Code of 1972, is amended as follows:
65-43-29. The bonds
authorized under the authority of Sections 65-43-9 through 65-43-39 may be
validated in the * * *
inferior courts of the Capitol Complex Improvement District 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 141. Section 9-7-25, Mississippi Code of 1972, is brought forward as follows:
9-7-25. (1) There shall be four (4) circuit judges for the Seventh Circuit Court District. One (1) judge shall be elected from each subdistrict.
(2) While there shall be no limitation whatsoever upon the powers and duties of the said judges other than as cast upon them by the Constitution and laws of this state, the court in the First Judicial District of Hinds County, in the discretion of the senior circuit judge, may be divided into civil and criminal divisions as a matter of convenience, by the entry of an order upon the minutes of the court.
SECTION 142. Section 83-9-23, Mississippi Code of 1972, is amended as follows:
83-9-23. (1) Any insurance company authorized to do business of health insurance in this state may join with one or more other such insurance companies to offer to any resident of this state who is sixty-five (65) years of age or older, and to the spouse of such resident, insurance against major financial loss from accident or disease. Such insurance may be offered by such companies in their own names or in the name of a voluntary unincorporated association or other organization formed by such companies solely for the purpose of this section. The forms of applications, certificates, and policies of such insurance and the applicable premium rates shall be filed with the Insurance Commissioner, who may require additional pertinent information.
(2) A financial summary concerning any insurance written under the authority of this section shall be furnished annually to the Insurance Commissioner in such form as he may prescribe. If the Insurance Commissioner finds that any forms for such insurance are not in the public interest or that the premium rates charged are, by reasonable assumptions, excessive in relation to the benefits provided, he may disapprove such forms or premium rates after notice of at least twenty (20) days and hearing.
(3) Any person aggrieved by
the decision of the commissioner under the provisions of this section may appeal
therefrom within thirty (30) days after receipt of notice thereof to the * * * inferior courts of the Capitol Complex Improvement District
by writ of certiorari, upon giving bond with surety or sureties and in such
penalty as shall be approved by the chancery court of said county, conditioned
that such appellant will pay all cost of the appeal in the event such appeal is
unsuccessful. The said chancery court shall have the authority and jurisdiction
to hear said appeal and render its decision in regard thereto, either in
termtime or vacation.
SECTION 143. Section 79-11-355, Mississippi Code of 1972, is amended as follows:
79-11-355. (1) The
chancery court of the county where the corporation's principal office is or was
located, or in the * * * inferior
courts of the Capitol Complex Improvement District if the corporation does
not have a principal office in this state, may dissolve a corporation:
(a) In a proceeding by the Attorney General or the Secretary of State if it is established that:
(i) The corporation obtained its articles of incorporation through fraud;
(ii) The corporation has continued to exceed or abuse the authority conferred upon it by law; or
(iii) If the corporation is a charitable organization, as defined in Section 79-11-501, that:
1. The corporate assets are being misapplied or wasted;
2. The corporation is unable to carry out its purpose(s); or
3. The corporation has violated the laws regulating the solicitation of charitable contributions, Section 79-11-501 et seq.;
(b) In a proceeding by fifty (50) members or members holding five percent (5%) of the voting power, whichever is less, or by a director if it is established that:
(i) The directors are deadlocked in the management of the corporate affairs, and the members, if any, are unable to breach the deadlock;
(ii) The directors or those in control of the corporation have acted, are acting or will act in a manner that is illegal, oppressive or fraudulent;
(iii) The members are deadlocked in voting power and have failed, for a period that includes at least two (2) consecutive annual meeting dates, to elect successors to directors whose terms have, or would otherwise have, expired; or
(iv) The corporate assets are being misapplied or wasted;
(c) In a proceeding by a creditor if it is established that:
(i) The creditor's claim has been reduced to judgment, the execution on the judgment returned unsatisfied and the corporation is insolvent; or
(ii) The corporation has admitted in writing that the creditor's claim is due and owing and the corporation is insolvent; or
(d) In a proceeding by the corporation to have its voluntary dissolution continued under court supervision.
(2) Prior to dissolving a corporation, the court shall consider whether there are reasonable alternatives to dissolution.
SECTION 144. Section 79-11-131, Mississippi Code of 1972, is amended as follows:
79-11-131. (1) If for any
reason it is impractical or impossible for any corporation to call or conduct a
meeting of its members, delegates or directors, or otherwise obtain their
consent, in the manner prescribed by its articles, bylaws or Section 79-11-101
et seq., then upon petition of a director, officer, delegate, member or the
Attorney General, the chancery court of the county where the corporation's
principal office is located, or the * * * inferior courts of the Capitol Complex Improvement
District if the corporation does not have a principal office in this state,
may order that such a meeting be called or that a written ballot or other form
of obtaining the vote of members, delegates or directors be authorized in such
a manner as the court finds fair and equitable under the circumstances.
(2) The court shall, in an order issued pursuant to this section, provide for a method of notice reasonably designed to give actual notice to all persons who would be entitled to notice of a meeting held pursuant to the articles, bylaws and Section 79-11-101 et seq., whether or not the method results in actual notice to all such persons or conforms to the notice requirements that would otherwise apply. In a proceeding under this section the court may determine who the members or directors are.
(3) The order issued pursuant to this section may dispense with any requirement relating to the holding of or voting at meetings or obtaining votes, including any requirement as to quorums or as to the number or percentage of votes needed for approval, that would otherwise be imposed by the articles, bylaws or Section 79-11-101 et seq.
(4) Whenever practical any order issued pursuant to this section shall limit the subject matter of meetings or other forms of consent authorized to items, including amendments to the articles or bylaws, the resolution of which will or may enable the corporation to continue managing its affairs without further resort to this section; provided, however, that an order under this section may also authorize the obtaining of whatever votes and approvals are necessary for the dissolution, merger or sale of assets.
(5) Any meeting or other method of obtaining the vote of members, delegates or directors conducted pursuant to an order issued under this section, and which complies with all the provisions of such order, is for all purposes a valid meeting or vote, as the case may be, and shall have the force and effect as if it complied with every requirement imposed by the articles, bylaws and Section 79-11-101 et seq.
SECTION 145. Section 53-9-67, Mississippi Code of 1972, is amended as follows:
53-9-67. (1) Except as provided in subsection (2) of this section, any interested party may commence a civil action to compel compliance with this chapter:
(a) Against the state or a state instrumentality or agency which is alleged to be in violation of this chapter or any rule, regulation, order or permit issued under this chapter, or against any other person who is alleged to be in violation of this chapter or any rule, regulation, order or permit issued under this chapter; or
(b) Against the department, commission or permit board if there is alleged a failure of any one or more of them to perform any nondiscretionary act or duty under this chapter.
(2) No action may be commenced:
(a) Under subsection (1)(a) of this section, (i) before sixty (60) days after the plaintiff has given notice in writing of the violation to the executive director, chief legal counsel of the department, the Attorney General of the state and to any alleged violator, or (ii) if the commission has commenced and is diligently prosecuting a civil action in a court of the state or the United States to require compliance with this chapter, or any rule, regulation, order or permit issued under this chapter, but in any action any interested party may intervene as a matter of right;
(b) Under subsection (1)(b) of this section before sixty (60) days after the plaintiff has given notice in writing of the action to the executive director, chief legal counsel of the department and commission, in the manner as the commission shall by regulation prescribe. That action may be brought immediately after the notification if the violation or order complained of constitutes an imminent threat to the health or safety of the plaintiff or would immediately affect a legal interest of the plaintiff.
(3) (a) Any action under this
section alleging a violation of this chapter or any rule or regulation promulgated
under this chapter may be brought only in the chancery court of the judicial
district in which the surface coal mining operation complained of is located,
except any action brought under subsection (1)(b) of this section shall be brought
in the chancery court of the * * * inferior
courts of the Capitol Complex Improvement District.
(b) In any action under this section the permit board or commission, if not a party, may intervene as a matter of right.
(4) The court, in issuing a final order in any action brought under subsection (1) of this section, may award costs of litigation, including attorney and expert witness fees, to any party, whenever the court determines that award is appropriate, but the permittee shall not be entitled to an award of attorney's fees unless the court determines that the action of the person opposing the permittee was frivolous, unreasonable or without foundation. No award of attorney's fees or expert witness fees shall be made against a person having an interest in real property that is or may be adversely affected by the surface coal mining operations. The court may, if a preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with state law.
(5) Nothing in this section shall restrict any right which any person or class of persons may have under any statute or the common law, to seek enforcement of this chapter and the rules and regulations promulgated under this chapter, or to seek any other relief, including relief against the department, commission or the permit board.
(6) Any provisions of this section and chapter regarding liability for the costs of clean-up, removal, remediation or abatement of any pollution, hazardous waste or solid waste shall be limited as provided in Section 49-17-42 and rules under that section.
SECTION 146. Section 73-19-43, Mississippi Code of 1972, is amended as follows:
73-19-43. (1) Upon finding of the existence of grounds for discipline of any person holding a license, seeking a license, or seeking to renew a license under the provisions of this chapter, the board may impose one or more of the following penalties:
(a) Suspension of the offender's license for a term to be determined by the board;
(b) Revocation of the offender's license;
(c) Restriction of the offender's license to prohibit the offender from performing certain acts or from engaging in the practice of optometry in a particular manner for a term to be determined by the board;
(d) Imposition of a monetary penalty as follows:
(i) For the first violation, a monetary penalty of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) for each violation;
(ii) For the second violation and subsequent violations, a monetary penalty of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) for each violation;
(e) Refusal to renew offender's license;
(f) Placement of the offender on probation and supervision by the board for a period to be determined by the board;
(g) Public or private reprimand.
(2) Any person whose license has been suspended, revoked or restricted pursuant to this chapter, whether voluntarily or by action of the board, shall have the right to petition the board at reasonable intervals for reinstatement of such license. Such petition shall be made in writing and in the form prescribed by the board. Upon investigation and hearing, the board may, in its discretion, grant or deny such petition, or it may modify its original finding to reflect any circumstances which have changed sufficiently to warrant such modifications. The procedure for the reinstatement of a license that is suspended for being out of compliance with an order for support, as defined in Section 2 of this act, shall be governed by Section 4 or 7 of this act, as the case may be.
(3) Nothing herein shall be construed as barring criminal prosecutions for violation of this chapter where such violations are deemed as criminal offenses in other statutes of this state or of the United States.
(4) A monetary penalty assessed and levied under this section shall be paid to the board by the licensee upon the expiration of the period allowed for appeal of such penalties under Section 73-19-45, Mississippi Code of 1972, or may be paid sooner if the licensee elects. Money collected by the board under this section shall be deposited to the credit of the General Fund of the State Treasury.
(5) When payment of a monetary
penalty assessed and levied by the board against a licensee in accordance with
this section is not paid by the licensee when due under this section, the board
shall have the power to institute and maintain proceedings in its name for
enforcement of payment in the * * * inferior courts of the Capitol Complex Improvement
District. When such proceedings are instituted, the board shall certify
its order to the chancery court and the matter shall thereupon be heard in due
course by the court, which shall review the order and make its determination
thereon. The hearing on the matter may, in the discretion of the chancellor,
be tried in vacation. If the chancellor finds no errors on the face of the board's
order, the board shall have a judgment for the amount due which shall be enforceable
as all other judgments.
SECTION 147. Section 73-39-81, Mississippi Code of 1972, is amended as follows:
73-39-81. Any person aggrieved by a decision of the board may
appeal to the * * * inferior
courts of the Capitol Complex Improvement District in accordance with the Uniform Rules of Circuit and County Court
Practice governing appeals from administrative agencies. The appeal shall be
made solely on the record before the board.
SECTION 148. Section 73-25-30, Mississippi Code of 1972, is amended as follows:
73-25-30. (1) The Mississippi State Board of Medical Licensure, in exercising its authority under the provisions of Section 73-25-29, shall have the power to discipline the holder of a license who has been found by the board in violation of that statute after notice and a hearing as provided by law, and the licensee shall be disciplined as follows:
(a) By placing him upon probation, the terms of which may be set by the board, or
(b) By suspending his right to practice for a time deemed proper by the board, or
(c) By revoking his license, or
(d) By taking any other action in relation to his license as the board may deem proper under the circumstances.
(2) Upon the execution of a disciplinary order by the board, either following a hearing or in lieu of a hearing, the board, in addition to the disciplinary powers specified in subsection (1) of this section, may assess the licensee for those reasonable costs that are expended by the board in the investigation and conduct of a proceeding for licensure disciplinary action including, but not limited to, the cost of process service, court reporters, witness fees, expert witnesses, investigators, and other related expenses. Money collected by the board under this section shall be deposited to the credit of the special fund of the board to reimburse the existing current year appropriated budget.
(3) An assessment of costs under this section shall be paid to the board by the licensee, upon the expiration of the period allowed for appeals under Section 73-25-27, or may be paid sooner if the licensee elects. Cost assessed under this section shall not exceed Ten Thousand Dollars ($10,000.00).
(4) When an assessment of costs
by the board against a licensee in accordance with this section is not paid by the
licensee when due under this section, the licensee shall be prohibited from practicing
medicine until the full amount is paid. In addition, the board may institute
and maintain proceedings in its name for enforcement of payment in the * * * inferior courts of the Capitol Complex Improvement District.
When those proceedings are instituted, the board shall certify the record of
its proceedings, together with all documents and evidence, to the chancery
court. The matter shall be heard in due course by the court, which shall
review the record and make its determination thereon. The hearing on the matter,
in the discretion of the chancellor, may be tried in vacation.
SECTION 149. Section 81-18-19, Mississippi Code of 1972, is amended as follows:
81-18-19. (1) Except as provided in this section, no person shall acquire directly or indirectly ten percent (10%) or more of the voting shares of a corporation or ten percent (10%) or more of the ownership of any other entity licensed to conduct business under this chapter unless it first files an application in accordance with the requirements prescribed in Section 81-18-9.
(2) Upon the filing and investigation of an application, the department shall permit the applicant to acquire the interest in the licensee if it is satisfied and finds that the applicant and its members, if applicable, its directors and officers, if a corporation, and any proposed new directors and officers have provided its surety bond and have the character, reputation and experience to warrant belief that the business will be operated fairly and in accordance with the law. If the application is denied, the department shall notify the applicant of the denial and the reasons for the denial.
(3) A decision of the
department denying a license, original or renewal, shall be conclusive, except
that the applicant may seek judicial review in the * * * inferior courts of the Capitol Complex Improvement
District.
(4) The provisions of this section do not apply to the following, subject to notification as required in this section:
(a) The acquisition of an interest in a licensee directly or indirectly including an acquisition by merger or consolidation by or with a person licensed under this chapter or exempt from this chapter under Section 81-18-5.
(b) The acquisition of an interest in a licensee directly or indirectly including an acquisition by merger or consolidation by or with a person affiliated through common ownership with the licensee.
(c) The acquisition of an interest in a licensee by a person by bequest, devise, gift or survivorship or by operation of law.
(5) A person acquiring an interest in a licensee in a transaction that is requesting exemption from filing an application for approval of the application shall send a written request to the department for an exemption within thirty (30) days before the closing of the transaction.
SECTION 150. Section 79-11-201, Mississippi Code of 1972, is amended as follows:
79-11-201. (1) The chancery
court of the county where a corporation's principal office is or will be
located, or the * * *
inferior courts of the Capitol Complex Improvement District if the
corporation does not have a principal office in this state, may summarily order
a meeting to be held:
(a) On application of any member or other person entitled to participate in the annual meeting, if an annual meeting was not held within the earlier of six (6) months after the end of the corporation's fiscal year or fifteen (15) months after its last annual meeting; or
(b) On application of a member who signed a demand for a special meeting valid under Section 79-11-199, or a person or persons entitled to call a special meeting, if:
(i) Notice of the special meeting was not given within thirty (30) days after the date the demand was delivered to a corporate officer; or
(ii) The special meeting was not held in accordance with the notice.
(2) The court may fix the time and place of the meeting, specify a record date for determining members entitled to notice of and to vote at the meeting, prescribe the form and content of the meeting notice, fix the quorum required for specific matters to be considered at the meeting (or direct that the votes represented at the meeting constitute a quorum for action on those matters), and enter other orders necessary to accomplish the purpose or purposes of the meeting.
(3) If the court orders a meeting, it may also order the corporation to pay the member's cost (including reasonable counsel fees) incurred to obtain the order.
SECTION 151. Section 79-14-204, Mississippi Code of 1972, is amended as follows:
79-14-204. (a) If a person
required by this chapter to sign a record or deliver a record to the Secretary
of State for filing under this act does not do so, any other person that is
aggrieved may petition the * * * inferior courts of the Capitol Complex Improvement
District to order:
(1) The person to sign the record;
(2) The person to deliver the record to the Secretary of State for filing; or
(3) The Secretary of State to file the record unsigned.
(b) If a petitioner under subsection (a) is not the limited partnership or foreign limited partnership to which the record pertains, the petitioner shall make the partnership or foreign partnership a party to the action.
(c) A record filed under subsection (a)(3) is effective without being signed.
SECTION 152. Section 37-119-7, Mississippi Code of 1972, is amended as follows:
37-119-7. The University of
Southern Mississippi (herein sometimes referred to as the "university")
is authorized and empowered to require the State Building Commission to issue
bonds in an amount not exceeding the sum of Seven Hundred Fifty Thousand Dollars
($750,000.00), bearing interest at a rate not exceeding six percent (6%)
per annum, for the purpose of and to be expended in extending, adding to and improving
the athletic stadium on its campus; to impose student athletic fees; to impose
charges, in addition to and distinguished from the established price of
admission, upon persons, other than students, for the privilege of attending events
held in such stadium, which such charges shall be exempt from any amusement tax
now levied and collected in the State of Mississippi, and to immediately
commence, prior to the issuance and sale of the bonds herein authorized and to
continue, the collection of such charges; and to apply to the satisfaction and
retirement, as and when due, of the principal of and interest on such bonds,
said athletic fees and said charges, and also, rental income from the dormitory
facilities now in the stadium, and income, not otherwise appropriated or
allocated, from any other sources. Such bonds shall be authorized by the Board
of Trustees of State Institutions of Higher Learning in the manner now provided
by Sections 37-101-91 through 37-101-103, and all of the provisions of said sections
(except as herein otherwise provided and as are not in conflict with the
provisions hereof) shall be applicable to the authorization and issuance of
such bonds. Reference in Sections 37-101-95 * * * and 37-101-101, to "dormitories,
dwellings or apartments" shall be understood to apply also to all other
projects authorized to be financed under the provisions of Section 37-101-99.
Upon request of the university, acting through its president and financial secretary, authorization having been first obtained from the Board of Trustees of State Institutions of Higher Learning, the State Building Commission shall issue and sell bonds of the university at not less than par and accrued interest in the manner provided by Section 21-27-45, Mississippi Code of 1972, for the sale of bonds of municipalities issued thereunder and upon terms and at interest rates, not to exceed the maximum therein authorized, to be fixed by the State Building Commission. The State Building Commission is hereby authorized to supervise the contracting for, and the erection of, all buildings erected, extended, added to, or improved under the provisions of this section. The Board of Trustees of State Institutions of Higher Learning is hereby authorized and empowered to specify the nature of such extensions, additions, improvements or new construction, and shall approve the plans and specifications therefor prior to the letting of any new contract for any such work. All contracts let under the supervision of the State Building Commission shall be let as provided by law for other contracts let by said commission.
The Board of Trustees of State Institutions of Higher Learning, in the resolution authorizing such bonds, may provide for the imposition of such student athletic fees, such charges for the privilege of attending events held in such stadium (as hereinabove distinguished from the price of admission), such rental charges for use of the dormitories facilities now in the stadium and for application to the retirement of such bonds of such other sources of income, not otherwise appropriated or allocated, as it may consider desirable. Said board may provide for the collection and the allocation of such fees and charges. Such fees and charges or other income shall always be in such amounts as will assure the prompt payment of principal of and interest on such bonds and the carrying out of all of the covenants and agreements contained in such resolution authorizing such bonds.
All bonds so issued shall constitute negotiable instruments within the meaning of the Uniform Commercial Code of Mississippi.
Any bonds authorized under authority
of this section may be validated in the * * *
inferior courts of the Capitol Complex Improvement District in the
manner and with the force and effect now or hereafter provided by general law
for the validation of municipal bonds.
This section, without reference to any other statute or law of Mississippi other than the portions of Sections 37-101-91 through 37-101-103, not in conflict herewith, and Section 31-19-25, shall constitute full authority for the extension, adding to and improvement of the aforesaid stadium and the authorization and issuance of bonds hereunder and no other provisions of the statutes pertinent thereto, except as herein expressly provided, shall be construed as applying to any proceedings had hereunder or any acts done pursuant hereto.
SECTION 153. Section 41-51-29, Mississippi Code of 1972, is amended as follows:
41-51-29. Any licensee or
other person, aggrieved by any final decision or order of the commissioner made
or entered in or on such decision or order may appeal to the * * * inferior courts of the Capitol Complex Improvement District
by filing with the commissioner a petition for review within thirty (30) days
from the date of such decision or order, specifying the grounds upon which he
relies, and by filing with the clerk of said court a bond with such surety or
sureties and in such penalty as shall be approved by the commissioner or the
clerk or judge of said court, conditioned that such appellant will pay all costs
of the appeal in event such appeal is unsuccessful. The state may appeal from
such decision or order in like time and manner without giving bond. Such appeal,
and appeal bond, shall not operate as a supersedeas, but the commissioner, or
the judge of said circuit court (or any judge of the supreme court in event of
appeals thereto) may grant a supersedeas upon such terms and conditions and
upon such bond as may be deemed proper. All appeal and supersedeas bonds shall
be payable to the state and may from time to time and upon cause shown be ordered
increased or ordered replaced by other bonds with approved sureties, and may be
enforced in the manner provided by law for the enforcement of other similar
bonds. In perfecting such an appeal, the provisions of law respecting notice
to the reporter and the allowance of bills of exception, now or hereafter in
force respecting appeals from circuit courts to the supreme court, shall be
applicable. The cause shall be triable as a preference cause either in term
time or vacation, and at such time and place as may be fixed by the circuit judge.
The appeal shall be upon the record, which shall contain the petition for review
and the proceedings, evidence, and decision or order appealed from, and the same
shall be signed by the commissioner or the person acting as his representative
and by him transmitted forthwith to said circuit court. Such court shall hear and
determine the case presented by such record, and may affirm or set aside the
decision or order from which the appeal was taken and shall thereupon certify
its judgment to the commissioner. In case the decision or order of the
commissioner be set aside by the circuit court, such court shall enter and
render such judgment, decision or order as the commissioner should have rendered,
unless it be necessary, in consequence of its decision, that some decision or
ruling entirely administrative or legislative in nature be made, or that some
fact or question of fact not appearing in or not settled by the record be
ascertained or determined, in which cases the matter shall be remanded to the commissioner
for further proceedings and action or decision in accord with the judgment and
direction of such circuit court from which further proceedings, action, or decision
of the commissioner further appeals may be taken to the circuit court in the manner
provided in this section. Costs on an appeal shall be awarded as in other cases.
Any party, including the state and the commissioner, aggrieved by a final
decision of said circuit court, may appeal to the supreme court in the manner provided
by law.
SECTION 154. Section 41-21-83, Mississippi Code of 1972, is amended as follows:
41-21-83. If a hearing is
requested as provided in Section 41-21-74, 41-21-81 or 41-21-99, the court shall
not make a determination of the need for continued commitment unless a hearing
is held and the court finds by clear and convincing evidence that (a) the
person continues to have mental illness or have an intellectual disability; and
(b) involuntary commitment is necessary for the protection of the patient or others;
and (c) there is no alternative to involuntary commitment. Hearings held under
this section shall be held in the chancery court of the county where the facility
is located; however, if the patient is confined at the Mississippi State Hospital
at Whitfield, Mississippi, the hearing shall be conducted by the * * * inferior courts of the Capitol Complex Improvement
District.
The hearing shall be held within fourteen (14) days after receipt by the court of the request for a hearing. The court may continue the hearing for good cause shown. The clerk shall ascertain whether the patient is represented by counsel, and, if the patient is not represented, shall notify the chancellor who shall appoint counsel for him if the chancellor determines that the patient for any reason does not have the services of an attorney; however, the patient may waive the appointment of counsel subject to the approval of the court. Notice of the time and place of the hearing shall be served at least seventy-two (72) hours before the time of the hearing upon the patient, his attorney, the director, and the person requesting the hearing, if other than the patient, and any witnesses requested by the patient or his attorney, or any witnesses the court may deem necessary or desirable.
The patient must be present at the hearing unless the chancellor determines that the patient is unable to attend and makes that determination and the reasons therefor part of the record.
The court shall put its findings and the reasons supporting its findings in writing and shall have copies delivered to the patient, his attorney, and the director of the treatment facility. An appeal from the final commitment order by either party may be had on the terms prescribed for appeals in civil cases; however, such appeal shall be without supersedeas. The record on appeal shall include the transcript of the commitment hearing.
SECTION 155. Section 73-59-13, Mississippi Code of 1972, is amended as follows:
73-59-13. (1) The board, upon satisfactory proof and in accordance with the provisions of this chapter and the regulations of the board pertaining thereto, is authorized to take the disciplinary actions provided for in this section against any person for any of the following reasons:
(a) Violating any of the provisions of this chapter or the rules or regulations of the board pertaining to the work of residential building or residential improvement;
(b) Fraud, deceit or misrepresentation in obtaining a license;
(c) Gross negligence or misconduct;
(d) Engaging in work of residential building or residential improvement on an expired license or while under suspension or revocation of license unless the suspension or revocation be abated in accordance with this chapter;
(e) Loaning a license to an unlicensed person;
(f) Failing to maintain workers' compensation insurance, if applicable; or
(g) Failing to pay for goods or services for which the builder is contractually bound.
(2) Any person, including members of the board, may prefer charges against any other person for committing any of the acts set forth in subsection (1) of this section. Such charges shall be sworn to, either upon actual knowledge or upon information and belief, and shall be filed with the board.
The board shall investigate all charges filed with it and, upon finding reasonable cause to believe that the charges are not frivolous, unfounded or filed in bad faith, may, in its discretion, cause a hearing to be held, at a time and place fixed by the board, regarding the charges and may compel the accused by subpoena to appear before the board to respond to such charges.
The board may send a certified inspector to inspect the building or structure which is the subject of a complaint or the board may use a county certified building inspector from the county where the building or structure is located to inspect the building or structure which is the subject of a complaint. The report of the inspector shall be used in the investigation and the determination of the board. The provisions above shall only apply to hearings.
No disciplinary action may be taken until the accused has been furnished both a statement of the charges against him and notice of the time and place of the hearing thereon, which shall be personally served on such accused or mailed by certified mail, return receipt requested, to the last-known business or residence address of the accused not less than thirty (30) days prior to the date fixed for the hearing. The complaining party shall be notified of the place and time of the hearing by mail to the last-known business or residence address of the complaining party not less than thirty (30) days prior to the date fixed for the hearing.
(3) At any hearing held hereunder, the board shall have the power to subpoena witnesses and compel their attendance and may also require the production of books, papers, documents or other materials which may be pertinent to the proceedings. The board may designate or secure a hearing officer to conduct the hearing. All evidence shall be presented under oath, which may be administered by any member of the board, and thereafter the proceedings may, if necessary, be transcribed in full by a court reporter and filed as part of the record in the case. Copies of such transcriptions may be provided to any party to the proceedings at a price reflecting actual cost, to be fixed by the board.
All witnesses who are subpoenaed and appear in any proceedings before the board shall receive the same fees and mileage as allowed by law to witnesses in county, circuit and chancery court pursuant to Section 25-7-47, Mississippi Code of 1972, and all such fees shall be taxed as part of the costs in the case.
When, in any proceeding before the board, any witness shall fail or refuse to attend upon subpoena issued by the board, shall refuse to testify, or shall refuse to produce any books and papers the production of which is called for by the subpoena, the attendance of such witness and the giving of his testimony and the production of the books and papers shall be enforced by any court of competent jurisdiction of this state in the manner provided for the enforcement of attendance and testimony of witnesses in civil cases in the courts of this state.
The accused and the complaining party shall have the right to be present at the hearing in person, by counsel or other representative, or both. The board is authorized for proper cause to continue or recess the hearing as may be necessary.
(4) At the conclusion of the hearing, the board may either decide the issue at that time or take the case under advisement for further deliberation. The board shall render its decision not more than ninety (90) days after the close of the hearing and shall forward to the last known business or residence address of the accused, by certified mail, return receipt requested, a written statement of the decision of the board.
(5) If a majority of the board finds the accused guilty of the charges filed, the board may:
(a) Issue a public or private reprimand;
(b) Suspend or revoke the license of the accused;
(c) Order completion of an additional educational requirement prescribed by the board not to exceed two (2) hours per violation; or
(d) In lieu of or in addition to any reprimand, suspension, revocation, or education requirement, assess and levy upon the guilty party a monetary penalty of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00) for each violation.
(6) A monetary penalty assessed and levied under this section shall be paid to the board upon the expiration of the period allowed for appeal of such penalties under this section or may be paid sooner if the guilty party elects. Money collected by the board under this section shall be deposited to the credit of the State Board of Contractors Fund.
When payment of a monetary
penalty assessed and levied by the board in accordance with this section is not
paid when due, the board shall have the power to institute and maintain proceedings
in its name for enforcement of payment in the chancery court of the county of
residence of the delinquent party; however, if the delinquent party is a
nonresident of the State of Mississippi, such proceedings shall be in the * * * inferior courts of the Capitol Complex Improvement
District.
(7) When the board has taken a disciplinary action under this section, the board may, in its discretion, stay such action and place the guilty party on probation for a period not to exceed one (1) year upon the condition that such party shall not further violate either the laws of the State of Mississippi pertaining to the practice of residential construction or residential remodeling or the bylaws, rules or regulations promulgated by the board.
(8) The board shall not assess any of the costs of disciplinary proceedings conducted pursuant to this section against the prevailing party.
(9) The power and authority of the board to assess and levy the monetary penalties provided for in this section shall not be affected or diminished by any other proceedings, civil or criminal, concerning the same violation or violations except as provided in this section.
(10) The board, for sufficient cause, may reissue a revoked license whenever a majority of the board members vote to do so.
(11) Within ten (10) days
after any order, judgment or action of the board, any person aggrieved thereby
may appeal such order, judgment or action either to the chancery court of the
county wherein the appellant resides or to the * * * inferior courts of the Capitol Complex Improvement
District upon giving bond with sufficient security in the amount of Two
Hundred Fifty Dollars ($250.00), approved by the clerk of the chancery court
and conditioned to pay any costs which may be adjudged against such person. In
lieu of the bond, the appellant may post Two Hundred Fifty Dollars ($250.00)
with the clerk of the chancery court and conditioned to pay any costs which may
be adjudged against such person.
Notice of appeal shall be filed in the office of the clerk of the chancery clerk, who shall issue a writ of certiorari directed to the board commanding it within forty-five (45) days after service thereof to certify to such court its entire record in the matter in which the appeal has been taken. The appeal shall thereupon be heard in due course by the court, and the court shall review the record and shall affirm or reverse the judgment. If the judgment is reversed, the chancery court or chancellor shall render such order or judgment as the board ought to have rendered, and certify the same to the board; and costs shall be awarded as in other cases.
Appeals may be had to the Supreme Court of the State of Mississippi as provided by law from any final action of the chancery court. The board may employ counsel to defend all such appeals, to be paid out of the funds in the State Board of Contractors Fund.
On appeal, any order, judgment or action of the board revoking a certificate of responsibility or residential license shall remain in full force unless the chancery court or Supreme Court reverses such order, judgment or action of the board.
The remedies provided under this chapter for any aggrieved person shall not be exclusive, but shall be cumulative of and supplemental to any other remedies which he may otherwise have in law or in equity, whether by injunction or otherwise.
(12) Any political subdivision or agency of this state which receives a complaint against a residential builder or remodeler shall, in addition to exercising whatever authority such political subdivision or agency has been given over such complaint, forward the complaint to the board.
(13) In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or 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. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 156. Section 75-63-69, Mississippi Code of 1972, is amended as follows:
75-63-69. (1) Whenever it appears to the Secretary of State that any person has engaged, or is about to engage, in any act or practice constituting a violation of any provision of this article or any rule or order under this article, he may, in his discretion, seek any or all of the following remedies:
(a) Issue a cease and desist order with a prior hearing against the person or persons engaged in the prohibited activities directing them to cease and desist from further illegal activity;
(b) (i) Issue an order in the case of any person, partnership or, if a corporation, the officers and directors who sell or offer to sell preneed contracts, or other person who violated this article, imposing an administrative penalty up to a maximum of One Thousand Dollars ($1,000.00) for each offense, and each violation shall be considered as a separate offense in a single proceeding or a series of related proceedings, with total penalties not to exceed Ten Thousand Dollars ($10,000.00) in any of those proceedings, to be paid to the Secretary of State and requiring reimbursement to the Secretary of State for all costs and expenses incurred in the investigation of the violation(s) and in the institution of administrative proceedings, if any, as a result thereof;
(ii) For the purpose
of determining the amount or extent of a sanction, if any, to be imposed under subparagraph * * *
(i) of this * * * paragraph (b), the Secretary
of State shall consider, among other factors, the frequency, persistence and willfulness
of the conduct constituting a violation of this article or a rule promulgated
under this article, or an order of the Secretary of State, the number of persons
adversely affected by the conduct and the resources of the person committing
the violation;
(c) Bring an action in chancery court to enjoin the acts or practices to enforce compliance with this article or any rule or order under this article. Upon a proper showing, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted and a receiver or conservator may be appointed for the defendant or the defendant's assets. In addition, upon a proper showing by the Secretary of State, the court may enter an order of rescission or restitution directed to any person who has engaged in any act constituting a violation of any provision of this article or any rule or order under this article, or the court may impose a civil penalty up to a maximum of One Thousand Dollars ($1,000.00) for each offense, and each violation shall be considered as a separate offense in a single proceeding or a series of related proceedings, with total penalties not to exceed Ten Thousand Dollars ($10,000.00) in any of those proceedings. The court may not require the Secretary of State to post a bond.
(2) The Secretary of State may, with a prior hearing, suspend or revoke any preneed establishment or salesperson registration for violation of statutes, regulations, or an order issued under this article.
(3) Any person, partnership or, if a corporation, the officers and directors who sell or offer to sell a preneed contract with a suspended or revoked registration shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment for a term of not more than one (1) year, or both fine and imprisonment.
(4) Any person, partnership or, if a corporation, the officers and directors who embezzle or fraudulently or knowingly and willfully misapply or convert preneed funds shall, upon conviction, be punished by imprisonment in the custody of the Mississippi Department of Corrections for a term of not less than ten (10) years, or be fined not more than One Thousand Dollars ($1,000.00) and imprisoned in the county jail not more than one (1) year, or both fine and imprisonment. Each such violation shall constitute a separate offense.
(5) Upon reasonable belief that a person or corporation is acting in violation of the portions of this article requiring fines or imprisonment, the Secretary of State shall immediately report this violation accompanied by all relevant records to the Insurance Integrity Enforcement Bureau within the Office of Attorney General created in Section 7-5-301, or to the district attorney, county or municipal attorney having jurisdiction for the same.
(6) No order shall be entered under this section without the following:
(a) An appropriate prior notice to the applicant or registrant;
(b) An opportunity for a hearing; and
(c) Written findings of fact and conclusions of law.
(7) Any person aggrieved by
a final order of the Secretary of State may obtain a review of the order in the * * * inferior courts of the Capitol Complex Improvement
District by filing in the court, within thirty (30) days after the entry of
the order, a written petition praying that the order be modified or set aside,
in whole or in part. A copy of the petition shall be forthwith served upon the
Secretary of State and thereupon the Secretary of State shall certify and file in
court a copy of the filing and evidence upon which the order was entered. When
these have been filed, the court has exclusive jurisdiction to affirm, modify,
enforce or set aside the order, in whole or in part.
SECTION 157. Section 75-25-7, Mississippi Code of 1972, is amended as follows:
75-25-7. (a) Upon the filing of an application for registration and payment of the application fee, the secretary may cause the application to be examined for conformity with this chapter.
(b) The applicant shall provide any additional pertinent information requested by the secretary including a description of a design mark and may make, or authorize the secretary to make, such amendments to the application as may be reasonably requested by the secretary or deemed by applicant to be advisable to respond to any rejection or objection.
(c) The secretary may require the applicant to disclaim an unregisterable component of a mark otherwise registerable, and an applicant may voluntarily disclaim a component of a mark sought to be registered. No disclaimer shall prejudice or affect the applicant's or registrant's rights then existing or thereafter arising in the disclaimed matter, or the applicant's or registrant's rights of registration on another application if the disclaimed matter be or shall have become distinctive of the applicant's or registrant's goods or services.
(d) Amendments may be made by the secretary upon the application submitted by the applicant upon applicant's agreement; or a fresh application may be required to be submitted.
(e) If the applicant is found not to be entitled to registration, the secretary shall advise the applicant thereof and of the reasons therefor. The applicant shall have a reasonable period of time specified by the secretary in which to reply or to amend the application, in which event the application shall then be reexamined. This procedure may be repeated until:
(1) The secretary finally refuses registration of the mark; or
(2) the applicant fails to reply or amend within the specified period, whereupon the application shall be deemed to have been abandoned.
(f) If the secretary finally
refuses registration of the mark, the applicant may appeal such refusal to the * * *
inferior courts of the Capitol Complex Improvement District.
The secretary's refusal may be reversed, but without costs to the secretary, on
proof that all the statements in the application are true and that the mark is
otherwise entitled to registration.
(g) In the instance of applications concurrently being processed by the secretary seeking registration of the same or confusingly similar marks for the same or related goods or services, the secretary shall grant priority to the applications in order of filing. If a prior-filed application is granted a registration, the other application or applications shall then be rejected. Any rejected applicant may bring an action for cancellation of the registration upon grounds of prior or superior rights to the mark, in accordance with the provisions of Section 75-25-17.
SECTION 158. Section 75-89-39, Mississippi Code of 1972, is amended as follows:
75-89-39. (1) Any person
aggrieved by a final order of the administrator may obtain a review of the
order in the * * * inferior
courts of the Capitol Complex Improvement District by filing in court
within sixty (60) days after the entry of the order a written petition praying
that the order be modified or set aside in whole or in part. A copy of the
petition for review shall be served upon the administrator.
(2) Upon the filing of a petition for review, except where the taking of additional evidence is ordered by court pursuant to subsection (5) or (6) of this section, the court shall have exclusive jurisdiction of the matter, and the administrator may not modify or set aside the order in whole or in part.
(3) The filing of a petition for review under subsection (1) of this section does not, unless specifically ordered by the court, operate as a stay of the administrator's order, and the administrator may enforce or ask the court to enforce the order pending the outcome of the review proceedings.
(4) Upon receipt of the petition for review, the administrator shall certify and file in the court a copy of the order and the transcript or record of the evidence upon which it was based. If the order became final under subsection (4) of Section 75-89-37, the administrator shall file in court an affidavit certifying that no hearing has been held and that the order became final pursuant to subsection (4) of Section 75-89-37.
(5) If either the aggrieved party or the administrator applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court, that there were reasonable grounds for failure to adduce the evidence in the hearing before the administrator or other good cause, the court may order the additional evidence to be taken by the administrator under such conditions as the court considers proper.
(6) If new evidence is ordered taken by the court, the administrator may modify the findings and order by reason of the additional evidence and shall file in the court the additional evidence together with any modified or new findings or order.
(7) The court shall review the petition based upon the original record before the administrator plus any additional evidence ordered to be taken pursuant to subsections (5) and (6) of this section. The findings of the administrator as to the facts, if supported by competent, material and substantive evidence, are conclusive. Based upon this review, the court may affirm, modify, enforce or set aside the order in whole or in part.
SECTION 159. Section 75-35-325, Mississippi Code of 1972, is amended as follows:
75-35-325. (1) When a written complaint is made against a person for violation of any provision of this chapter or of Section 75-33-1 et seq., or any of the rules or regulations promulgated thereunder, the Commissioner of Agriculture, or his designee, shall conduct a full evidentiary hearing relative to the charges. The complaint shall be in writing and shall be filed in the Office of the Mississippi Department of Agriculture and Commerce. The commissioner shall cause to be delivered to the accused in the manner described herein a copy of the complaint and a summons requiring the accused to file a written answer to the complaint within thirty (30) days after service of the summons and complaint upon the accused. The accused may be notified by serving a copy of the summons and complaint on the accused or any of his officers, agents or employees by personal service or by certified mail. The accused shall file with the department a written response to the complaint within the thirty-day period. If the accused fails to file an answer within such time, the commissioner or his designee may enter an order by default against the accused. If the accused has filed an answer, the matter shall be set for hearing before the commissioner or his designee.
The commissioner may issue subpoenas to require the attendance of witnesses and the production of documents. Compliance with such subpoenas may be enforced by any court of general jurisdiction in this state. The testimony of witnesses shall be upon oath or affirmation, and they shall be subject to cross-examination. The proceedings shall be recorded by a court reporter. If the commissioner or his designee determines that the complaint lacks merit, he may dismiss it. If he finds that there is substantial evidence showing that a violation of any of the statutes or regulations has been committed, he may impose any or all of the following penalties upon the accused:
(a) Levy a civil penalty in the amount of no more than One Thousand Dollars ($1,000.00) for each violation;
(b) Revoke or suspend any license, permit or privilege granted to the accused under the terms of this chapter or Section 75-33-1 et seq.;
(c) Retain product, reject equipment or facilities, slow or stop a line or refuse to allow the processing of a specifically identified product;
(d) Refuse to allow the marks of inspection to be applied to a product; or
(e) Take any other action authorized by law or regulation. The commissioner's decision shall be in writing, and it shall be delivered to the accused by any of the methods described herein for service of the summons and complaint on the accused.
(2) Either the accused or
the department may appeal the decision of the commissioner to the circuit court
of the county of residence of the accused or, if the accused is a nonresident
of the State of Mississippi, to the * * * inferior courts of the Capitol Complex Improvement
District. The appellant shall have the obligation of having the record transcribed
and filed with the circuit court. The appeal shall otherwise be governed by
all applicable laws and rules affecting appeals to circuit court. If no appeal
is perfected within the required time, the decision of the commissioner, or his
designee, shall then become final.
(3) The decision of the circuit court may then be appealed by either party to the Mississippi Supreme Court in accordance with the existing laws and rules affecting such appeals.
SECTION 160. Section 63-17-99, Mississippi Code of 1972, is amended as follows:
63-17-99. The following procedure shall govern in taking and perfecting appeals:
1. Any person who is a
party to any hearing before the commission and who is aggrieved by any decision
of the commission with respect to any hearing before it shall have the right of
appeal to the chancery court of the county of such person's residence or principal
place of business within this state; if such person is a nonresident of the state
he shall have the right of appeal to the chancery court of the residence of the
opposing party, and if the opposing party is also a nonresident, the appeal shall
be to the * * * inferior
courts of the Capitol Complex Improvement District. All such appeals shall
be taken and perfected within sixty (60) days from the date of the decision of
the commission which is the subject of the appeal. The chancery court to which
such appeal is taken may affirm such decision or reverse and remand the same to
the commission for further proceedings as justice may require or dismiss such decision.
All such appeals shall be taken and perfected, heard and determined, either in
termtime or in vacation, on the record, including a transcript of pleadings and
evidence, both oral and documentary, heard and filed before the commission. In
perfecting any such appeal, the provisions of law respecting notice to the
reporter and allowance of bills of exceptions, now or hereafter in force,
respecting appeals from the chancery court to the Supreme Court shall be applicable.
The reporter shall transcribe his notes, taken stenographically or by machine,
and file the record with the commission within thirty (30) days after approval
of the appeal bond, unless, on application of the reporter, or of the
appellant, an additional fifteen (15) days shall have been allowed by the commission
to the reporter within which to transcribe his notes and file the transcript of
the record with the commission.
2. Upon the filing with the commission of a petition of appeal to the proper chancery court, it shall be the duty of the commission, as promptly as possible, and in any event within sixty (60) days after approval of the appeal bond, to file with the clerk of said chancery court to which the appeal is taken, a copy of the petition for appeal and of the decision appealed from, and the original and one (1) copy of the transcript of the record of the proceedings and evidence before the commission. After the filing of said petition, the appeal shall be perfected by the filing of a bond in the penal sum of Five Hundred Dollars ($500.00) with two (2) sureties or with a surety company qualified to do business in Mississippi as surety, conditioned to pay the costs of such appeal, said bond to be approved by any member of the commission or by its executive secretary or by the clerk of the chancery court to which such appeal is taken.
3. No decision of the commission made as a result of a hearing shall become final with respect to any party affected and aggrieved by such decision until such party shall have exhausted or shall have had an opportunity to exhaust all of his remedies. However, any such decision may be made final if the commission finds that failure to do so would be detrimental to the public interest or public welfare; however, the finality of any such decision shall not prevent any party or parties affected and aggrieved thereby to appeal the same in accordance with the appellate procedure set forth in this section.
SECTION 161. Section 73-36-33, Mississippi Code of 1972, is amended as follows:
73-36-33. (1) The board shall have the power, after notice and hearing, to suspend or revoke the license of any registrant who (a) is found guilty by the board of fraud or gross negligence in the practice of professional forestry; (b) fails to comply with board rules and regulations; (c) is found guilty by the board of unprofessional or unethical conduct; or (d) has had his license suspended or revoked for cause in another jurisdiction.
(2) Any person may prefer charges of fraud or gross negligence in connection with any forestry practice against any registrant. Such charges shall be in writing, shall be sworn to by the person making them, and shall be filed with the secretary of the board. All charges shall be heard by the board pursuant to its rules and regulations without undue delay.
(3) Any applicant whose
license is suspended or revoked by the board may apply for a review of the
proceedings with reference to such suspension or revocation by appealing to the * * * inferior courts of the Capitol Complex Improvement
District provided a notice of appeal is filed by such applicant with the clerk
of said court within sixty (60) days from entry of an order by the board suspending
or revoking his license, provided said applicant files with said notice of
appeal a bond to be approved by the court assuring the prompt payment of any and
all costs of said appeal, said amount to be fixed by the court. Upon the filing
of such notice of appeal and posting of such bond, the clerk of the said court
shall notify the secretary of the board thereof and the record of the
proceedings involved shall be prepared by the secretary and forwarded to the court
within a period of sixty (60) days from such notice by the clerk. The court
shall thereupon review the proceedings on the record presented and may hear such
additional testimony as to the court may appear material and dispose of the
appeal in termtime or in vacation, and the court may sustain or dismiss the
appeal, or modify or vacate the order complained of, but in case the order is
modified or vacated, the court may also, in its discretion, remand the matter
to the board for such further proceedings not inconsistent with the court's
order as, in the opinion of the court, justice may require. The decision of the
chancery court may be appealed as other cases to the Supreme Court.
(4) The board is authorized to secure, by contract, the services of an investigator when deemed necessary by the board to properly consider any charge then before it. The board may, at its discretion, establish a program of routine inspections.
(5) In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or 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. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 162. Section 25-9-177, Mississippi Code of 1972, is amended as follows:
25-9-177. Actions to recover
civil fines and other remedies provided for under Section 25-9-175 may be
instituted in the * * * inferior courts
of the Capitol Complex Improvement District or in the circuit court of the public
employee's residence. In such actions, the public employee shall prove by a
preponderance of the evidence that, but for his providing information or
testimony to a state investigative body prior to occurrence of the dismissal or
any adverse action, his dismissal or any adverse action taken against him would
not have occurred. Remedies provided for herein shall be supplemental to any
other remedies, judicial or administrative, provided for under law. Any administrative
remedies provided for state-service employees under Sections 25-9-127 through
25-9-131, Mississippi Code of 1972, or any remedies under a grievance or appeal
process of the employing governmental entity relating to suspension or
termination of employment or adverse personnel action, shall not be exhausted or
diminished as a result of any action taken by the employee under Section 25-9-175
and this section, and the employee shall be required to exhaust such remedies prior
to instituting an action authorized under Section 25-9-175 and this section.
SECTION 163. Section 81-14-175, Mississippi Code of 1972, is amended as follows:
81-14-175. Unless otherwise
provided in this chapter, any interested person aggrieved by any rule,
regulation or order of the commissioner and/or the board, as applicable, shall
have the right, regardless of the amount involved, to appeal to the * * * inferior courts of the Capitol Complex Improvement District.
However, if the appellant is an applicant for a charter, the appeal shall be taken
to the circuit court of the county in which the proposed institution is
domiciled; or if the appellant is seeking to establish a branch office, the
appeal shall be taken to the circuit court of the county in which the proposed
branch is located. Such appeal shall be taken and perfected as hereinafter
provided, within thirty (30) days from the date of such final rule, regulation
or order. The circuit court may affirm such rule, regulation or order, or
remand for further proceedings as justice may require. All such appeals shall
be taken and perfected, heard either in termtime or in vacation, and shall be
heard and disposed of promptly by the court as a preference cause. In perfecting
any appeal provided by this section, the provisions of law respecting notice to
the reporter and the allowance of bills of exception, now or hereafter in
force, and those provisions respecting appeals from the circuit court to supreme
court shall be applicable. However, the reporter shall transcribe his notes
and file the transcript of the record with the commissioner or board within
thirty (30) days after approval of the appeal bond. Upon the filing with the commissioner
or board of a petition for appeal to the circuit court, it shall be the duty of
the commissioner or board, within sixty (60) days after approval of the appeal
bond to file with the clerk of the circuit court to which the appeal is taken a
copy of the petition for appeal, the rule, regulation or order appealed from, and
the original and one (1) copy of the transcript of the record of proceedings in
evidence before the commissioner or board. After the filing of such petition, the
appeal shall be perfected by filing of bond in the sum of Five Hundred Dollars
($500.00) with two (2) sufficient sureties, or with a surety company qualified
to do business in Mississippi as the surety, conditioned to pay the cost of such
appeal. Such bond shall be approved by the commissioner or by the clerk of the
court to which such appeal is taken. The perfection of an appeal shall not stay
or suspend the operation of any rule, regulation or order of the commissioner
or board, but the judge of such circuit court may award a writ of supersedeas
to any rule, regulation or order of the commissioner or board after five (5)
days' notice to the commissioner or board. Any order or judgment staying the
operation of any rule, regulation or order of the commissioner or board shall contain
a specific finding, based upon evidence submitted to the circuit judge and identified
by reference thereto, that irreparable damage would result to the appellant if
he is denied relief. Such stay shall not become effective until a supersedeas
bond shall have been executed and filed with and approved by the clerk of the
court payable to the state. The bond shall be in an amount fixed by the circuit
judge and conditioned as said circuit judge may direct.
SECTION 164. Section 81-18-39, Mississippi Code of 1972, is amended as follows:
81-18-39. (1) For purposes of this section, the term 1617 "person" shall be construed to include any officer, director, 1618 employee, affiliate or other person participating in the conduct 1619 of the affairs of the person subject to the orders issued under 1620 this section.
(2) If the department reasonably determines that a person required to be licensed under this chapter has violated any law of this state or any order or regulation of the department, the department may issue a written order requiring the person to cease and desist from unlawful or unauthorized practices. In the case of an unlawful purchase of mortgage loans, the cease and desist order to a purchaser shall constitute the knowledge required under this section for any subsequent violations.
(3) Any person required to
be licensed under this chapter who has been deemed by the commissioner, after
notice and hearing, to have violated the terms of any order properly issued by
the department under this section shall be liable for a civil penalty not to
exceed Three Thousand Dollars ($3,000.00). The department, in determining the
amount of the penalty, shall take into account the appropriateness of the
penalty relative to the size of the financial resources of the person, the good-faith
efforts of the person to comply with the order, the gravity of the violation,
the history of previous violations by the person, and other factors or circumstances
that contributed to the violation. The department may compromise, modify or
refund any penalty that has been imposed under this section. Any person
assessed a penalty as provided in this subsection shall have the right to
request a hearing on the amount of the penalty within ten (10) days after receiving
notification of the assessment. If no hearing is requested within ten (10) days
of the receipt of the notice, the penalty shall be final except as to judicial
review in the * * * inferior
courts of the Capitol Complex Improvement District. Upon the filing of a
petition for judicial review, the court shall issue an order to the licensee requiring
the licensee to show cause why it should not be entered. If the court
determines, after a hearing upon the merits or after failure of the person to
appear when so ordered, that the order of the department was properly issued,
it shall grant the penalty sought by the department.
SECTION 165. Section 81-12-205, Mississippi Code of 1972, is amended as follows:
81-12-205. Any interested
person aggrieved by any final rule, regulation or order of the commissioner or
the board, shall have the right, regardless of the amount involved to appeal to
the * * * inferior courts of the
Capitol Complex Improvement District except that if the appellant is an applicant
for a charter the appeal shall be taken to the circuit court of the county in
which the institution sought to be chartered would be domiciled, and if the
appellant is seeking to establish a branch office, the appeal shall be taken to
the circuit court of the county in which the branch is proposed to be located. Such
appeal shall be taken and perfected as hereinafter provided, within thirty (30)
days from the date of such final rule, regulation or order; and the circuit
court may affirm such rule, regulation or order, or reverse same for further
proceedings as justice may require. All such appeals shall be taken and perfected,
heard and determined either in termtime or in vacation on the record, including
a transcript of pleadings and testimony, both oral and documentary, filed and
heard before the commissioner or the board, and such appeal shall be heard and
disposed of promptly by the court as a preference cause. In perfecting any
appeal provided by this section, the provisions of law respecting notice to the
reporter and the allowance of bills of exception, now or hereafter in force
respecting appeals from the circuit court to Supreme Court shall be applicable.
However, the reporter shall transcribe his notes and file the transcript of the
record with the commissioner or the board within thirty (30) days after
approval of the appeal bond. Upon the filing with the commissioner or the
board of a petition for appeal to the circuit court, it shall be the duty of
the commissioner or the board, as promptly as possible, and in any event within
sixty (60) days after approval of the appeal bond, to file with the clerk of
the circuit court to which the appeal is taken, a copy of the petition for
appeal and of the rule, regulation or order appealed from, and the original and
one (1) copy of the transcript of the record of proceedings in evidence before
the commissioner or the board. After the filing of the petition, the appeal
shall be perfected by the filing of bond in the sum of Five Hundred Dollars
($500.00) with two (2) good and sufficient sureties or with a surety company
qualified to do business in Mississippi as the surety, conditioned to pay the
cost of such appeal; the bond to be approved by the commissioner or by the
clerk of the court to which such appeal is taken. The perfection of an appeal
shall not stay or suspend the operation of any rule, regulation or order of the
commissioner or the board, but the judge of the circuit court to which the
appeal is taken may award a writ of supersedeas to any rule, regulation or
order of the commissioner or the board after five (5) days' notice to the commissioner
or the board and after hearing. Any order or judgment staying the operation of
any rule, regulation or order of the commissioner or the board shall contain a
specific finding, based upon evidence submitted to the circuit judge and
identified by reference thereto, that great or irreparable damage would result
to the appellant if he is denied relief, and the stay shall not become
effective until a supersedeas bond shall have been executed and filed with and
approved by the clerk of the court payable to the state. The bond shall be in
an amount fixed by the circuit judge and conditioned as the circuit judge may direct
in the order granting the supersedeas.
SECTION 166. Section 79-4-7.48, Mississippi Code of 1972, is brought forward as follows:
79-4-7.48. (a) The chancery court of the county where a corporation's principal office (or, if none in this state, its registered office) is located may appoint one or more persons to be custodians, or, if the corporation is insolvent, to be receivers, of and for a corporation in a proceeding by a shareholder where it is established that:
(1) The directors are deadlocked in the management of the corporate affairs, the shareholders are unable to break the deadlock, and irreparable injury to the corporation is threatened or being suffered; or
(2) The directors or those in control of the corporation are acting fraudulently and irreparable injury to the corporation is threatened or being suffered.
(b) The court:
(1) May issue injunctions, appoint a temporary custodian or temporary receiver with all the powers and duties the court directs, take other action to preserve the corporate assets wherever located, and carry on the business of the corporation until a full hearing is held;
(2) Shall hold a full hearing, after notifying all parties to the proceeding and any interested persons designated by the court, before appointing a custodian or receiver; and
(3) Has jurisdiction over the corporation and all of its property, wherever located.
(c) The court may appoint an individual or domestic or foreign corporation (authorized to transact business in this state) as a custodian or receiver and may require the custodian or receiver to post bond, with or without sureties, in an amount the court directs.
(d) The court shall describe the powers and duties of the custodian or receiver in its appointing order, which may be amended from time to time. Among other powers,
(1) A custodian may exercise all of the powers of the corporation, through or in place of its board of directors, to the extent necessary to manage the business and affairs of the corporation; and
(2) A receiver (i) may dispose of all or any part of the assets of the corporation wherever located, at a public or private sale, if authorized by the court; and (ii) may sue and defend in the receiver's own name as receiver in all courts of this state.
(e) The court during a custodianship may redesignate the custodian a receiver, and during a receivership may redesignate the receiver a custodian, if doing so is in the best interests of the corporation.
(f) The court from time to time during the custodianship or receivership may order compensation paid and expense disbursements or reimbursements made to the custodian or receiver from the assets of the corporation or proceeds from the sale of its assets.
SECTION 167. Section 41-75-23, Mississippi Code of 1972, is amended as follows:
41-75-23. Any applicant or
licensee aggrieved by the decision of the licensing agency after a hearing, may
within thirty (30) days after the mailing or serving of notice of the decision
as provided in Section 43-11-11, Mississippi Code of 1972, file a notice of
appeal to the * * * inferior
courts of the Capitol Complex Improvement District or in the chancery court
of the county in which the institution is located or proposed to be located.
Such appeal shall state briefly the nature of the proceedings before the licensing
agency and shall specify the order complained of. Any person or entity whose rights
may be materially affected by the action of the licensing agency may appear and
become a party, or the court may, upon motion, order that any such person or entity
be joined as a necessary party. Upon filing of the appeal, the clerk of the chancery
court shall serve notice on the licensing agency, whereupon the licensing agency
shall, within sixty (60) days or such additional time as the court may allow
from the service of such notice, certify with the court a copy of the record and
decision, including the transcript of the hearings on which the decision is
based. No new or additional evidence shall be introduced in court; the case
shall be determined upon the record certified to the court. The court may sustain
or dismiss the appeal, modify or vacate the order complained of in whole or in
part, as the case may be; but in case the order is wholly or partly vacated,
the court may also, in its discretion, remand the matter to the licensing
agency for such further proceedings, not inconsistent with the court's order,
as, in the opinion of the court, justice may require. The order may not be vacated
or set aside, either in whole or in part, except for errors of law, unless the
court finds that the order of the licensing agency is not supported by substantial
evidence, is contrary to the manifest weight of the evidence, is in excess of the
statutory authority or jurisdiction of the licensing agency or violates any vested
constitutional rights of any party involved in the appeal. Pending final disposition
of the matter, the status quo of the applicant or licensee shall be preserved,
except as the court otherwise orders in the public interest. Rules with
respect to court costs in other cases in chancery shall apply equally to cases
hereunder. Appeals in accordance with law may be had to the Supreme Court of
the State of Mississippi from any final judgment of the chancery court.
SECTION 168. Section 99-41-13, Mississippi Code of 1972, is amended as follows:
99-41-13. Any claimant aggrieved by a final decision of the Attorney General shall be entitled to judicial review thereof in the manner provided in this section.
(a) An appeal may be
taken by such claimant to the circuit court of the claimant's residence or the * * * inferior courts of the Capitol Complex Improvement District
by filing a petition with the clerk of the court and executing and filing bond
payable to the State of Mississippi with sufficient sureties to be approved by the
clerk of the court, conditioned upon the payment of all costs of appeal, including
the cost of preparing the transcript of the hearing before the Attorney General.
The petition and bond shall be filed within thirty (30) days of the receipt of
the final decision of the Attorney General. Upon approval of the bond, the
clerk of the court shall notify the Office of the Attorney General, which shall
prepare its record in the matter and transmit it to the circuit court.
(b) The scope of review of the circuit court in such cases shall be limited to a review of the record made before the Attorney General to determine if the action of the Attorney General is unlawful for the reason that it was:
(i) Not supported by a preponderance of the evidence;
(ii) Arbitrary and capricious; or
(iii) In violation of a statutory right of claimant.
(c) No relief shall be granted based upon the court's finding of harmless error.
(d) Any party aggrieved by action of the circuit court may appeal to the Supreme Court in the manner provided by law.
SECTION 169. Section 27-35-309, Mississippi Code of 1972, is amended as follows:
27-35-309. (1) The Department of Revenue shall, if practicable, on or before the first Monday of June of each year, make out for each person, firm, company or corporation listed in Section 27-35-303, Mississippi Code of 1972, an assessment of the company's property, both real and personal, tangible and intangible. The Department of Revenue shall apportion the assessment of value of each company's property according to the provisions of this article, except as provided in subsection (3) of this section, as follows:
(a) When the property of such public service company is located in more than one (1) county in this state, the Department of Revenue shall direct the company to apportion the assessed value between the counties and municipalities and all other taxing districts therein, in the proportion which the property located therein bears to the entire value of the property of such company as valued by the department, so that to each county, municipality and taxing district therein, there shall be apportioned such part of the entire valuation as will fairly equalize the relative value of the property therein located to the whole value thereof.
(b) When the property of such public utility required to be assessed by the provisions of this article is located in more than one (1) state, the assessed value thereof shall be apportioned by the Department of Revenue in such manner as will fairly and equitably determine the principal sum for the value thereof in this state, and after ascertaining such value it shall be apportioned by them as herein provided.
The assessment roll shall contain all the property of any such public service company, railroad, person, firm or corporation and the value thereof, and so made that each county, municipality, and taxing district shall receive its just share of taxes proportionately to the amount of property therein situated.
(2) (a) The assessment when made shall remain open for twenty (20) days in the Office of the Department of Revenue, and be for such time subject to the objections thereto which may be filed with the Executive Director of the Board of Tax Appeals; but real estate belonging to railroads and which forms no part of the road, and is wholly disconnected from its railroad business, shall not be assessed by the Department of Revenue, but shall be assessed as other real estate is assessed by the tax assessor of the county where situated.
(b) The apportionment of the assessed value as required by this section shall be filed with the Department of Revenue by such public service company on or before the last day of the objection period established in paragraph (a) of this subsection (2). If such company shall fail, refuse or neglect to render the apportionment of assessed value as required by this section, such company shall be subject to the penalties provided for in Section 27-35-305. The filing of an objection by such public service company shall not preclude such company from filing the property apportionment as required by this section.
(3) Any nuclear generating plant which is located in the state, which is owned or operated by a public utility rendering electric service within the state and not exempt from ad valorem taxation under any other statute and which is not owned or operated by an instrumentality of the federal government shall be exempt from county, municipal and district ad valorem taxes. In lieu of the payment of county, municipal and district ad valorem taxes, such public utility shall pay to the Department of Revenue a sum based on the assessed value of such nuclear generating plant in an amount to be determined and distributed as follows:
(a) The Department of Revenue shall annually assign an assessed value to any nuclear generating plant described in this subsection in the same manner as for ad valorem tax purposes by using accepted industry methods for appraising and assessing public utility property. The assessed value assigned shall be used for the purpose of determining the in-lieu tax due under this section and shall not be included on the ad valorem tax rolls of the situs taxing authority nor be subject to ad valorem taxation by the situs taxing authority nor shall the assessed value assigned be used in determining the debt limit of the situs taxing authority. However, the assessed value so assigned may be used by the situs taxing authority for the purpose of determining salaries of its public officials.
(b) On or before February 1, 1987, for the 1986 taxable year and on or before February 1 of each year through the 1989 taxable year, such utility shall pay to the Department of Revenue a sum equal to two percent (2%) of the assessed value as ascertained by the Department of Revenue, but such payment shall not be less than Sixteen Million Dollars ($16,000,000.00) for any of the four (4) taxable years; all such payments in excess of Sixteen Million Dollars ($16,000,000.00) for these four (4) taxable years shall be paid into the General Fund of the state. On or before February 1, 1991, for the 1990 taxable year and on or before February 1 of each year thereafter, such utility shall pay to the Department of Revenue a sum equal to two percent (2%) of the assessed value as ascertained by the Department of Revenue, but such payment shall not be less than Twenty Million Dollars ($20,000,000.00) for any taxable year for as long as such nuclear power plant is licensed to operate and is not being permanently decommissioned; all such payments in excess of Sixteen Million Dollars ($16,000,000.00) for taxable years 1990 and thereafter shall be paid as follows:
(i) An amount of
Three Million Forty Thousand Dollars ($3,040,000.00) annually, beginning with
fiscal year 1991, shall be transferred by the Department of Revenue to
Claiborne County. Such payments may be expended by the Board of Supervisors of
Claiborne County for any purpose for which a county is authorized by law to
levy an ad valorem tax and shall not be included or considered as proceeds of
ad valorem taxes for the purposes of the growth limitation on ad valorem taxes
under Sections 27-39-305 and 27-39-321. However, should the Board of
Supervisors of Claiborne County withdraw its support of the Grand Gulf Nuclear
Station off-site emergency plan or otherwise fail to satisfy its off-site
emergency plan commitments as determined by the Mississippi Emergency
Management Agency and the Federal Emergency Management Agency, Five Hundred
Thousand Dollars ($500,000.00) annually of the funds designated for Claiborne County
as described by this * * * subparagraph (i) shall be
deposited in the Grand Gulf Disaster Assistance Fund as provided in Section 33-15-51.
(ii) An amount of
One Hundred Sixty Thousand Dollars ($160,000.00) annually, beginning with fiscal
year 1991, shall be transferred by the Department of Revenue to the City of Port
Gibson, Mississippi. Such payments may be expended by the Board of Aldermen of
the City of Port Gibson for any purpose for which a municipality is authorized
by law to levy an ad valorem tax and shall not be included or considered as proceeds
of ad valorem taxes for the purposes of the growth limitation on ad valorem
taxes under Sections 27-39-305 and 27-39-321. However, should the Board of Aldermen
of the City of Port Gibson withdraw its support of the Grand Gulf Nuclear
Station off-site emergency plan or otherwise fail to satisfy its off-site emergency
plan commitment, as determined by the Mississippi Emergency Management Agency
and the Federal Emergency Management Agency, Fifty Thousand Dollars ($50,000.00)
annually of the funds designated for the City of Port Gibson as described by
this * * * subparagraph (ii) shall be
deposited in the Grand Gulf Disaster Assistance Fund as provided in Section 33-15-51.
(iii) The remaining balance of the payments in excess of Sixteen Million Dollars ($16,000,000.00) annually, less amounts transferred under (i) and (ii) of this subsection, beginning with fiscal year 1991, shall be allocated in accordance with subsection (3)(f) of this section.
(c) Pursuant to certification by the Attorney General to the State Treasurer and the Department of Revenue that the suit against the State of Mississippi pending on the effective date of House Bill 8, First Extraordinary Session of 1990, [Laws, 1990 Ex Session, Ch. 12, eff June 26, 1990], in the Chancery Court for the First Judicial District of Hinds County, Mississippi, styled Albert Butler et al v. the Mississippi State Tax Commission et al, has been voluntarily dismissed with prejudice as to all plaintiffs at the request of the complainants and that no attorney's fees or court costs have been assessed against the state and each of the parties, including Claiborne County and each municipality and school district located in the county, have signed and delivered to the Attorney General a full and complete release in favor of the State of Mississippi and its elected officials of all claims that have been asserted or may be asserted in the suit pending on the effective date of House Bill 8, First Extraordinary Session of 1990, [Laws, 1990 Ex Session, Ch. 12, eff June 26, 1990], in the Chancery Court for the First Judicial District of Hinds County, Mississippi, styled Albert Butler et al v. the Mississippi State Tax Commission et al, and the deposit into the State General Fund of in-lieu payments and interest thereon due the state under subsection (3)(b) of this section but placed in escrow because of the lawsuit described above, the state shall promptly transfer to the Board of Supervisors of Claiborne County out of the State General Fund an amount of Two Million Dollars ($2,000,000.00) which shall be a one-time distribution to Claiborne County from the state. Such payment may be expended by the Board of Supervisors of Claiborne County for any purposes for which a county is authorized by law to levy an ad valorem tax and shall not be included or considered as proceeds of ad valorem taxes for the purposes of the growth limitation on ad valorem taxes for the 1991 fiscal year under Sections 27-39-321 and 27-39-305.
(d) After distribution of the one-time payment to Claiborne County as set forth in subsection (3)(c) of this section, the Department of Revenue upon certification that the pending lawsuit as described in subsection (3)(c) of this section has been voluntarily dismissed shall promptly deposit an amount of Five Hundred Thousand Dollars ($500,000.00) into the Grand Gulf Disaster Assistance Trust Fund as provided for in Section 33-15-51, which shall be a one-time payment, to be utilized in accordance with the provisions of such section.
(e) After distribution of the one-time payment to Claiborne County as set forth in subsection (3)(c) of this section and the payment to the Grand Gulf Disaster Assistance Trust Fund as set forth in subsection (3)(d) of this section, the Department of Revenue upon certification that the pending lawsuit as described in subsection (3)(c) of this section has been voluntarily dismissed shall promptly distribute ten percent (10%) of the remainder of the prior payments remaining in escrow to the General Fund of the state and the balance of the prior payments remaining in escrow shall be distributed to the counties and municipalities in this state wherein such public utility has rendered electric service in the proportion that the amount of electric energy consumed by the retail customers of such public utility in each county, excluding municipalities therein, and in each municipality, for the next preceding fiscal year bears to the total amount of electric energy consumed by all retail customers of such public utility in the State of Mississippi for the next preceding fiscal year. The payments distributed to the counties and municipalities under this paragraph (e) may be expended by such counties and municipalities for any lawful purpose and shall not be included or considered as proceeds of ad valorem taxes for the purposes of the growth limitation on ad valorem taxes under Sections 27-39-321 and 27-39-305.
(f) After distribution of the payments for fiscal year 1991 as set forth in Section 19-9-151 and distribution of the payments as provided for in subsection (3)(b) of this section, the Department of Revenue shall distribute ten percent (10%) of the remainder of the payments to the General Fund of the state and the balance to the counties and municipalities in this state wherein such public utility renders electric service in the proportion that the amount of electric energy consumed by the retail customers of such public utility in each county, excluding municipalities therein, and in each municipality for the next preceding fiscal year bears to the total amount of electric energy consumed by all retail customers of such public utility in the State of Mississippi for the next preceding fiscal year.
(g) No county, including municipalities therein, shall receive in excess of twenty percent (20%) of the funds distributed under paragraph (f) of this subsection.
(h) The revenues received by counties and municipalities under paragraph (f) of this subsection shall not be included or considered as proceeds of ad valorem taxes for the purposes of the growth limitation on ad valorem taxes under Sections 27-39-305 and 27-39-321.
SECTION 170. Section 65-1-46, Mississippi Code of 1972, is amended as follows:
[Through June 30, 2023, this section shall read as follows:]
65-1-46. (1) There is created an Appeals Board of the Mississippi Transportation Commission. If any person feels aggrieved by a penalty for excess weight assessed against him by an agent or employee of the Mississippi Department of Transportation pursuant to Section 27-19-89, he may apply to the appeals board. Beginning July 1, 2021, the Appeals Board shall be administratively located within the Commercial Transportation Enforcement Division of the Mississippi Department of Public Safety and shall receive appeals with respect to penalties for excess weight assessed by agents or employees of the Commercial Transportation Enforcement Division.
(2) The members serving on the appeals board on April 7, 1995, shall continue to serve until July 1, 1995. On July 1, 1995, the appeals board shall be reconstituted to be composed of five (5) qualified people. The initial appointments to the reconstituted board shall be made no later than June 30, 1995, for terms to begin July 1, 1995, as follows: One (1) member shall be appointed by the Governor for a term ending on June 30, 1996, one (1) member shall be appointed by the Lieutenant Governor for a term ending on June 30, 1997, one (1) member shall be appointed by the Attorney General for a term ending on June 30, 1998, one (1) member shall be appointed by the Chairman of the State Tax Commission for a term ending on June 30, 1999, and one (1) member shall be appointed by the Executive Director of the Mississippi Department of Transportation for a term ending on June 30, 2000. After the expiration of the initial terms of the members of the reconstituted board, all subsequent appointments shall be made for terms of four (4) years from the expiration date of the previous term. Any member serving on the appeals board before July 1, 1995, may be reappointed to the reconstituted appeals board. Appointments to the board shall be with the advice and consent of the Senate; however, the advice and consent of the Senate shall not be required for the appointment of a person to the reconstituted appeals board for a term beginning on July 1, 1995, if such person was serving as a member of the appeals board on June 30, 1995, and such person received the advice and consent of the Senate for that appointment. The term of the member appointed by the Executive Director of the Mississippi Department of Transportation shall end on June 30, 2021, and the vacancy shall be filled by a member appointed by the Commissioner of Public Safety for a term ending on June 30, 2024, after which the position shall be for a four-year term.
(3) There shall be a chairman and vice chairman of the board who shall be elected by and from the membership of the board. Any member who fails to attend three (3) consecutive regular meetings of the board shall be subject to removal by a majority vote of the board. A majority of the members of the board shall constitute a quorum. The chairman, or a majority of the members of the board, may call meetings as may be required for the proper discharge of the board's duties. Members of the board, except a member who is an officer or employee of the Mississippi Department of Transportation or, beginning July 1, 2021, is an officer or employee of the Department of Public Safety, shall receive per diem in the amount authorized by Section 25-3-69, for each day spent in the actual discharge of their duties and shall be reimbursed for mileage and actual expenses incurred in the performance of their duties in accordance with the provisions of Section 25-3-41.
Application shall be made by petition in writing, within thirty (30) days after assessment of the penalty, for a hearing and a review of the amount of the assessment. At the hearing the appeals board shall try the issues presented according to the law and the facts and within guidelines set by the Transportation Commission or, beginning July 1, 2021, by the Department of Public Safety. Upon due consideration of all the facts relating to the assessment of the penalty, the appeals board, except as otherwise provided under this section or under Section 27-19-89, may require payment of the full amount of the assessment, may reduce the amount of the assessment or may dismiss imposition of the penalty entirely. The appeals board shall dismiss in its entirety the imposition of any penalty imposed against the holder of a harvest permit if the permittee proves to the appeals board, by clear and convincing evidence, that the average load transported by the permittee during the permittee's last five (5) haul days immediately preceding the day upon which the penalty appealed from was assessed did not exceed eighty thousand (80,000) pounds. The appeals board shall reduce the penalty assessed against the holder of a harvest permit to a maximum of Two Cents (2¢) per pound of overweight if the permittee proves to the appeals board, by clear and convincing evidence, that the average load transported by the permittee during the permittee's last five (5) haul days immediately preceding the day upon which the penalty appealed from was assessed exceeded seventy-nine thousand nine hundred ninety-nine (79,999) pounds but did not exceed eighty-four thousand (84,000) pounds. The board shall make such orders in the matter as appear to it just and lawful and shall furnish copies thereof to the petitioner. If the appeals board orders the payment of the penalty, the petitioner shall pay the penalty, damages and interest, if any, within ten (10) days after the order is issued unless there is an application for appeal from the decision of the board as provided in the succeeding paragraph. Interest shall accrue on the penalty at the rate of one percent (1%) per month, or part of a month, beginning immediately after the expiration of the ten-day period.
If any person feels aggrieved
by the decision of the appeals board, he may appeal the decision to the * * *
inferior courts of the Capitol Complex Improvement District.
[From and after July 1, 2023, this section shall read as follows:]
65-1-46. (1) There is created an Appeals Board of the Mississippi Transportation Commission. If any person feels aggrieved by a penalty for excess weight assessed against him by an agent or employee of the Mississippi Department of Transportation pursuant to Section 27-19-89, he may apply to the appeals board. Beginning July 1, 2021, the Appeals Board shall be administratively located within the Commercial Transportation Enforcement Division of the Mississippi Department of Public Safety and shall receive appeals with respect to penalties for excess weight assessed by agents or employees of the Commercial Transportation Enforcement Division.
(2) The members serving on the appeals board on April 7, 1995, shall continue to serve until July 1, 1995. On July 1, 1995, the appeals board shall be reconstituted to be composed of five (5) qualified people. The initial appointments to the reconstituted board shall be made no later than June 30, 1995, for terms to begin July 1, 1995, as follows: One (1) member shall be appointed by the Governor for a term ending on June 30, 1996, one (1) member shall be appointed by the Lieutenant Governor for a term ending on June 30, 1997, one (1) member shall be appointed by the Attorney General for a term ending on June 30, 1998, one (1) member shall be appointed by the Chairman of the State Tax Commission for a term ending on June 30, 1999, and one (1) member shall be appointed by the Executive Director of the Mississippi Department of Transportation for a term ending on June 30, 2000. After the expiration of the initial terms of the members of the reconstituted board, all subsequent appointments shall be made for terms of four (4) years from the expiration date of the previous term. Any member serving on the appeals board before July 1, 1995, may be reappointed to the reconstituted appeals board. Appointments to the board shall be with the advice and consent of the Senate; however, the advice and consent of the Senate shall not be required for the appointment of a person to the reconstituted appeals board for a term beginning on July 1, 1995, if such person was serving as a member of the appeals board on June 30, 1995, and such person received the advice and consent of the Senate for that appointment. The term of the member appointed by the Executive Director of the Mississippi Department of Transportation shall end on June 30, 2021, and the vacancy shall be filled by a member appointed by the Commissioner of Public Safety for a term ending on June 30, 2024, after which the position shall be for a four-year term.
(3) There shall be a chairman and vice chairman of the board who shall be elected by and from the membership of the board. Any member who fails to attend three (3) consecutive regular meetings of the board shall be subject to removal by a majority vote of the board. A majority of the members of the board shall constitute a quorum. The chairman, or a majority of the members of the board, may call meetings as may be required for the proper discharge of the board's duties. Members of the board, except a member who is an officer or employee of the Mississippi Department of Transportation or, beginning July 1, 2021, is an officer or employee of the Department of Public Safety, shall receive per diem in the amount authorized by Section 25-3-69, for each day spent in the actual discharge of their duties and shall be reimbursed for mileage and actual expenses incurred in the performance of their duties in accordance with the provisions of Section 25-3-41.
Application shall be made by petition in writing, within thirty (30) days after assessment of the penalty, for a hearing and a review of the amount of the assessment. At the hearing the appeals board shall try the issues presented according to the law and the facts and within guidelines set by the Transportation Commission or, beginning July 1, 2021, by the Department of Public Safety. Upon due consideration of all the facts relating to the assessment of the penalty, the appeals board, except as otherwise provided under this section or under Section 27-19-89, may require payment of the full amount of the assessment, may reduce the amount of the assessment or may dismiss imposition of the penalty entirely. The appeals board shall dismiss in its entirety the imposition of any penalty imposed against the holder of a harvest permit if the permittee proves to the appeals board, by clear and convincing evidence, that the average load transported by the permittee during the permittee's last five (5) haul days immediately preceding the day upon which the penalty appealed from was assessed did not exceed eighty thousand (80,000) pounds. The appeals board shall reduce the penalty assessed against the holder of a harvest permit to a maximum of Two Cents (2¢) per pound of overweight if the permittee proves to the appeals board, by clear and convincing evidence, that the average load transported by the permittee during the permittee's last five (5) haul days immediately preceding the day upon which the penalty appealed from was assessed exceeded seventy-nine thousand nine hundred ninety-nine (79,999) pounds but did not exceed a gross vehicle weight tolerance of ten percent (10%), not to exceed eighty-eight thousand (88,000) pounds. The board shall make such orders in the matter as appear to it just and lawful and shall furnish copies thereof to the petitioner. If the appeals board orders the payment of the penalty, the petitioner shall pay the penalty, damages and interest, if any, within ten (10) days after the order is issued unless there is an application for appeal from the decision of the board as provided in the succeeding paragraph. Interest shall accrue on the penalty at the rate of one percent (1%) per month, or part of a month, beginning immediately after the expiration of the ten-day period.
If any person feels aggrieved
by the decision of the appeals board, he may appeal the decision to the * * *
inferior courts of the Capitol Complex Improvement District.
SECTION 171. Section 73-4-19, Mississippi Code of 1972, is amended as follows:
73-4-19. (1) The commission may, upon its own motion or upon the complaint in writing of any person, provided the complaint and any evidence presented with it establishes a prima facie case, hold a hearing and investigate the actions of any auctioneer or auction firm, or any person who holds himself out as an auctioneer or auction firm.
(2) Any person desiring to make a complaint against a licensee shall submit a complaint to the commission in verified form as prescribed by the commission. Upon receipt of a properly verified complaint, the commission shall send a copy of the complaint to the affected licensee by certified mail, and the licensee shall make answer to the complaint in writing within twenty (20) days after receipt of the complaint. The licensee shall mail a copy of his response to the commission and the complainant. Upon receipt of the licensee's response or lapse of twenty (20) days, the commission shall make investigation of the underlying allegations of the complaint, and upon a finding of probable cause that a violation of this chapter has occurred, the commission shall order a hearing for the licensee to appear and show cause why he should not be disciplined for a violation of this chapter.
(3) (a) All hearings held pursuant to this chapter shall be held at the offices of the commission. The commission, for good cause shown, may order that a hearing be held in another location convenient to all parties.
(b) The commission shall give the complainant and the affected licensee twenty (20) days' notice of any hearing upon a complaint. Such notice shall be by United States certified mail.
(c) Any party appearing before the commission may be accompanied by counsel.
(d) The commission or its executive director shall have the right to subpoena witnesses and documents as they deem necessary for the proper conduct of the hearing. The commission shall not entertain a motion for a continuance for failure of a witness to appear unless such witness shall have been duly subpoenaed.
(e) (i) Before commencing a hearing, the chairman of the commission shall determine if all parties are present and ready to proceed. If the complainant fails to attend a hearing without good cause shown, the complaint shall be dismissed summarily and all fees and expenses of convening the hearing shall be assessed to, and paid by, the complainant. If any affected licensee fails to appear for a hearing without good cause shown, such licensee shall be presumed to have waived his right to appear and be heard.
(ii) Upon the chairman's determination that all parties are ready to proceed, the chairman shall call the hearing to order and the complainant and the licensee may give opening statements. At the request of any party, the chairman shall order the sequestration of nonparty witnesses. The complainant shall then present his complaint through sworn testimony and the production of physical evidence. The licensee, any counsel and any member of the commission may ask questions of witnesses.
(iii) The licensee shall then present his case in rebuttal with equal right of cross-examination of the parties. At the completion of the evidence, all parties may give closing statements.
(iv) At the conclusion of testimony and argument, the commission may go into closed session for deliberation.
(v) At the conclusion of deliberations, the commission may announce the commission's decision in an open session, and shall notify the parties of its decision by mail within ten (10) days after the commission reaches its decision.
(4) Service of notice to the party shall be considered to have been given if the notice was personally served on the licensee, applicant or complainant or if the notice was sent by certified United States mail to the licensee, applicant or complainant to that party's last known address of record with the board.
(5) No person whose license has been revoked hereunder may apply for a new license for a period of at least five (5) years. A person whose license has been denied, suspended or revoked may not apply in that person's name or in any other manner within the period during which the order of denial, suspension or revocation is in effect, and no firm, partnership or corporation in which any person whose license has been denied, suspended or revoked has a substantial interest or exercises management responsibility or control may be licensed during the period. The procedure for the reissuance of a license that is for being out of compliance with an order for support, as defined in Section 93-11-153, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.
(6) Any civil or monetary penalty, fine or other costs imposed by the commission under this chapter shall become due and payable within the time allowed by the commission for payment thereof. Failure of the licensee or party to pay all penalties or fines so assessed as ordered by the commission shall, unless an appeal is taken and perfected within the time and in the manner provided in this chapter, result in an automatic revocation of such licensee's license. In addition, if any amounts assessed against a party by final order of the commission become otherwise uncollectible or payment is in default, and if all the right to appeal has passed, the order of the commission containing the amount of money assessed by the commission may be filed with the appropriate clerk of the court in the county in which the licensee or party is located. The order shall constitute a judgment and the filing of such final order shall have the full force and effect of a judgment duly docketed in the office of such clerk and may be enforced in the same manner and with the same effect as that provided by law in respect to executions issued against property upon judgments of a court of record.
(7) The commission may also assess and levy upon any licensee or applicant for licensure the costs incurred or expended by the commission in the investigation and prosecution of any licensure or disciplinary action, including, but not limited to, the cost of process service, court reports, expert witness, investigators and attorney fees.
(8) The commission may, upon its own motion, summarily suspend a license when the interest, health, safety or welfare of the public is at risk, such as in the event of a potential loss of consigned items or potential loss of funds. If the commission suspends summarily a license under the provisions of this subsection, a hearing must begin within twenty (20) days after such suspension begins, unless continued at the request of the licensee.
(9) Any person aggrieved by
an action of the commission may file an appeal of such action in the Circuit
Court of Hinds County. Any appeal must be accompanied by an attested copy of
the record of the hearing before the commission. An appeal must, however, be
filed with the * * *
inferior courts of the Capitol Complex Improvement District, within
thirty (30) days immediately following the date of the commission's decision,
unless the court, for good cause shown, extends the time. Appeals may be taken
to the Mississippi Supreme Court as provided by law from any final judgment of
the chancery court. If the board appeals from any judgment of the chancery
court, no bond shall be required of it in order to perfect its appeal. Any actions
taken by the commission in suspending a license when required by Section 93-11-157
or 93-11-163 are not actions from which an appeal may be taken under this
section. Any appeal of a license suspension that is required by Section 93-11-157
or 93-11-163 shall be taken in accordance with the appeal procedure specified
in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure
specified in this section.
(10) If any licensee is indicted in this or any other state for forgery, embezzlement, obtaining money under false pretenses, extortion, criminal conspiracy to defraud or other offense, and a certified copy of the indictment is filed with the commission or other proper evidence is given to it, the commission may, in its discretion, suspend the license issued to the licensee pending trial of the charges.
(11) If the revocation or suspension of a license issued to any member of a partnership, or to any officer of an association, corporation or organization to whom an auction license has been issued, the license issued to the partnership, association, corporation or organization shall be revoked by the commission unless, within a time fixed by the commission, the connection of the member of the partnership is severed and his interest in the partnership and his share in its activities brought to an end, or the officer of the association, corporation or organization is discharged and has no further participation in its activities.
(12) Nothing in this section shall be deemed as an exclusive remedy or prevent or proscribe any person's right to petition a court of law or equity for redress of a grievance against a licensee or any other entity.
SECTION 172. Section 89-12-59, Mississippi Code of 1972, is amended as follows:
89-12-59. (1) Notwithstanding the provisions of any other section of law, United States savings bonds which are unclaimed property and subject to the provisions of this chapter shall escheat to the State of Mississippi three (3) years after becoming unclaimed property by virtue of the provisions of this chapter, and all property rights and legal title to and ownership of such United States savings bonds or proceeds from such bonds, including all rights, powers and privileges of survivorship of any owner, co-owner or beneficiary, shall vest solely in the State of Mississippi according to the procedure set forth in subsections (2) through (5) of this section.
(2) Within one hundred
eighty (180) days after the three (3) years prescribed in subsection (1) of this
section, if no claim has been filed in accordance with the provisions of this
chapter for such United States savings bonds, the State Treasurer shall commence
a civil action in the * * * inferior
courts of the Capitol Complex Improvement District for a determination that
such United States savings bonds shall escheat to the State of Mississippi.
The State Treasurer may postpone the bringing of such action until sufficient
United States savings bonds have accumulated in the State Treasurer custody to
justify the expense of such proceedings.
(3) If no person shall file a claim or appear at the hearing to substantiate a claim or where the court determines that a claimant is not entitled to the property claimed by such claimant, then the court, if satisfied by evidence that the State Treasurer has substantially complied with the laws of the State of Mississippi, shall enter a judgment that the subject United States savings bonds have escheated to the State of Mississippi, and all property rights and legal title to and ownership of such United States savings bonds or proceeds from such bonds, including all rights, powers and privileges of survivorship of any owner, co-owner or beneficiary, shall vest solely in the State of Mississippi.
(4) The State Treasurer shall redeem such United States savings bonds escheated to the State of Mississippi and the proceeds from such redemption of United States savings bonds shall be deposited in the State General Fund. The State Treasurer shall not deposit the proceeds from the redemption of the United States savings bonds in the Abandoned Property Fund or the Abandoned Property Claims Payment Fund in accordance with the provisions of Section 89-12-37.
(5) Any person making a claim for the United States savings bonds escheated to the State of Mississippi under this subsection, or for the proceeds from such bonds, may file a claim in accordance with the provisions of this chapter. Upon providing sufficient proof of the validity of such person's claim, the State Treasurer may pay such claim in accordance with the provisions of this chapter.
SECTION 173. Section 75-27-113, Mississippi Code of 1972, is amended as follows:
75-27-113. (1) Timber purchased by weight or measured volume shall be purchased by weight on the basis of tonnage or pounds with one (1) ton equaling two thousand (2,000) pounds avoirdupois weight, or by measured volume so long as the measured volume is not calculated by weight but is derived from any of the standards provided in subsection (2).
(2) When timber is purchased by measured volume, the timber shall be measured by either cubic feet, Doyle Log Rule, International ¼ Inch Rule or Scribner Decimal C Rule.
(3) No person, firm or corporation, shall use any scales or measuring device in the purchase of timber unless the same is true and accurate. All devices used for buying or selling timber shall comply with specifications and tolerances and other requirements of this chapter, and regulations adopted pursuant thereto.
(4) Purchaser specifications shall be made available to the haulers and timber owners and shall be posted in a place easily accessible to the haulers or timber owners at the location where the timber is weighed or measured. Scale tickets shall be made available to the haulers and timber owners for each load before the close of the following business day and shall include the measured volume or weight, the standard of weight or measurement used, and the basis and amount of any deductions.
(5) (a) The State Director of Weights and Measures, the Deputy Director of Weights and Measures and any state inspector of weights and measures are hereby vested with police powers, such as given to sheriff and constables, for the sole purpose of issuing citations, without warrant, to any person who the Director, Deputy Director or inspector has probable cause to believe is violating this section, or who shall impede, hinder or otherwise prevent or attempt to prevent the testing of scales or measuring devices or enforcement of this chapter. The citation shall be returnable to the Deputy Director of Weights and Measures. No citation for a violation of this section shall be issued after one (1) year from the date of the violation.
(b) The Deputy Director of Weights and Measures, or his designee, shall within thirty (30) days of the issuance of the citation, dismiss the citation, issue a written warning or levy a fine of not more than Two Hundred Dollars ($200.00) for the first offense; not more than Five Hundred Dollars ($500.00) for the second offense if the second offense occurs within six (6) months of the first offense; or not more than Two Thousand Dollars ($2,000.00) for the third and subsequent offenses, if the third or subsequent offenses occur within six (6) months of the first offense. If the Deputy Director of Weights and Measures, or his designee, determines the violation was unintentional and due to an act of God or was beyond the reasonable control of the person, firm or corporation committing the violation, no fine shall be levied. A person, firm or corporation operating any scales or measuring devices in the purchase of timber at more than one (1) location in the state shall not be subject to fines for second or subsequent offenses unless the offenses occur at the same location on separate days. A citation shall record each and every violation of this section but for the purposes of determining second and subsequent offenses under this section, all violations of this section committed by one (1) person, firm or corporation at one (1) location during one (1) day shall constitute one (1) offense.
(c) Any person, firm or
corporation may appeal a fine to the State Director of Weights and Measures or his
designee. The appeal must be filed within thirty (30) days after the levy of the
fine. Any party aggrieved by the final order of the State Director of Weights and
Measures, or his designee, may appeal to the * * * inferior courts of the Capitol Complex Improvement
District by filing an appeal within thirty (30) days of a final order of the
Director of Weights and Measures. If no appeal is taken and the fine is not paid
within sixty (60) days of the order or if the fine is upheld on appeal and no further
appeal is taken and the fine is not paid within sixty (60) days of the ruling on
the appeal, the Director of Weights and Measures may forward an abstract of the
order or judgment to the circuit clerk of any county in the State of Mississippi
for enrolling as any other judgment. After enrolling the judgment, the Director
of Weights and Measures may institute an action to recover the fines assessed under
this section in the name of the State of Mississippi in any court of competent jurisdiction
or otherwise proceed as a judgment creditor pursuant to the laws of the State of
Mississippi.
(6) This section does not apply to pulpwood as defined in Section 75-79-5 of the Mississippi Uniform Pulpwood Scaling and Practices Act.
SECTION 174. Section 79-11-213, Mississippi Code of 1972, is amended as follows:
79-11-213. (1) After fixing a record date for a notice of a meeting, a corporation shall prepare an alphabetical list of the names of all its members who are entitled to notice of the meeting. The list must show the address and number of votes each member is entitled to vote at the meeting. The corporation shall prepare on a current basis through the time of the membership meeting a list of members, if any, who are entitled to vote at the meeting, but not entitled to notice of the meeting. This list shall be prepared on the same basis and be part of the list of members.
(2) The list of members must be available for inspection by any member for the purpose of communication with other members concerning the meeting, beginning two (2) business days after notice is given of the meeting for which the list was prepared and continuing through the meeting, at the corporation's principal office or at a reasonable place identified in the meeting notice in the city where the meeting will be held. A member, a member's agent, or attorney is entitled on written demand to inspect and, subject to the limitations of Sections 79-11-285(c) and 79-11-291, to copy the list, at a reasonable time and at the member's expense, during the period it is available for inspection.
(3) The corporation shall make the list of members available at the meeting, and any member, a member's agent, or attorney is entitled to inspect the list at any time during the meeting or any adjournment.
(4) If the corporation
refuses to allow a member, a member's agent, or attorney to inspect the list of
members before or at the meeting (or copy the list as permitted by subsection
(2) of this section); the chancery court of the county where a corporation's
principal office is located, or the * * * inferior courts of the Capitol Complex Improvement
District if the corporation does not have a principal office in this state,
on application of the member, may summarily order the inspection or copying at
the corporation's expense and may postpone the meeting for which the list was
prepared until the inspection or copying is complete and may order the corporation
to pay the member's costs (including reasonable counsel fees) incurred to
obtain the order.
(5) Unless a written demand to inspect and copy a membership list has been made under subsection (2) of this section prior to the membership meeting and a corporation improperly refuses to comply with the demand, refusal or failure to comply with this section does not affect the validity of action taken at the meeting.
SECTION 175. Section 79-29-913, Mississippi Code of 1972, is amended as follows:
79-29-913. (1) If the disqualified member does not accept the professional limited liability company's offer under Section 79-29-912(2) within the thirty-day period, the member during the following thirty-day period may deliver a written notice to the professional limited liability company demanding that it commence a proceeding to determine the fair value of the membership interest. The professional limited liability company may commence a proceeding at any time during the sixty (60) days following the effective date of its offer notice. If it does not do so, the member may commence a proceeding against the professional limited liability company to determine the fair value of the disqualified person's membership interest.
(2) The professional
limited liability company or disqualified member shall commence the proceeding
in the chancery court of the county where the professional limited liability company's
principal office is located, or the * * * inferior courts of the Capitol Complex Improvement
District if the professional limited liability company does not have a
principal office in this state. The professional limited liability company
shall make the disqualified person a party to the proceeding as in an action
against the disqualified person's membership interest. The jurisdiction of the
court in which the proceeding is commenced is plenary and exclusive.
(3) The court may appoint one or more persons as appraisers to receive evidence and recommend decision on the question of fair value. The appraisers have the power described in the order appointing them, or in any amendment to it.
(4) The disqualified member is entitled to judgment for the fair value of the disqualified person's membership interest determined by the court as of the date of death, disqualification or transfer, together with interest from that date at a rate found by the court to be fair and equitable.
(5) The court may order the judgment paid in installments determined by the court.
(6) "Fair value" means the value of the membership interest of the professional limited liability company determined:
(a) Using customary and current valuation concepts and techniques generally employed for similar businesses in the context of the transaction requiring appraisal; and
(b) Without discounting for lack of marketability or minority status.
SECTION 176. Section 73-21-191, Mississippi Code of 1972, is amended as follows:
73-21-191. (1) The State Board of Pharmacy may impose a monetary penalty on pharmacy benefit managers for noncompliance with the provisions of the Pharmacy Audit Integrity Act, Sections 73-21-175 through 73-21-189, in amounts of not less than One Thousand Dollars ($1,000.00) per violation and not more than Twenty-five Thousand Dollars ($25,000.00) per violation. The board shall prepare a record entered upon its minutes which states the basic facts upon which the monetary penalty was imposed. Any penalty collected under this subsection (1) shall be deposited into the special fund of the board.
(2) The board may assess a monetary penalty for those reasonable costs that are expended by the board in the investigation and conduct of a proceeding if the board imposes a monetary penalty under subsection (1) of this section. A monetary penalty assessed and levied under this section shall be paid to the board by the licensee, registrant or permit holder upon the expiration of the period allowed for appeal of those penalties under Section 73-21-101, or may be paid sooner if the licensee, registrant or permit holder elects. Money collected by the board under this subsection (2) shall be deposited to the credit of the special fund of the board.
(3) When payment of a monetary penalty assessed and levied by the board against a licensee, registrant or permit holder in accordance with this section is not paid
by the
licensee, registrant or permit holder when due under this section, the board shall have the power to institute and maintain proceedings in its name for enforcement
of payment
in the chancery court of the county and judicial district of residence of the licensee, registrant or permit holder, or
if the licensee, registrant or permit holder is a nonresident of
the State of Mississippi, in the * * * inferior
courts of the Capitol Complex Improvement District.
When those
proceedings are instituted, the board shall
certify the
record of its proceedings, together with all documents and evidence, to the chancery court and the matter shall be heard in due course by
the court, which shall review the record and make its
determination thereon in accordance with the provisions of Section 73-21-101.
The hearing on the matter may, in the discretion of the chancellor, be tried in vacation.
(4) The board shall develop and implement a uniform penalty policy that sets the minimum and maximum penalty for any given violation of board regulations and laws governing the practice of pharmacy. The board shall adhere to its uniform penalty policy except in those cases where the board specifically finds, by majority vote, that a penalty in excess of, or less than, the uniform penalty is appropriate. That vote shall be reflected in the minutes of the board and shall not be imposed unless it appears as having been adopted by the board.
SECTION 177. Section 7-5-309, Mississippi Code of 1972, is amended as follows:
7-5-309. (1) A person who violates any provision of Section 7-5-303 shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not more than three (3) years, or by a fine of not more than Five Thousand Dollars ($5,000.00) or double the value of the fraud, whichever is greater, or both. Sentences imposed for convictions of separate offenses under this section may run consecutively.
(2) If the defendant found to have violated any provisions of Section 7-5-303 is an organization, then it shall be subject to a fine of not more than One Hundred Fifty Thousand Dollars ($150,000.00) for each violation. "Organization" for purposes of this subsection means a person other than an individual. The term includes corporations, partnerships, associations, joint-stock companies, unions, trusts, pension funds, unincorporated organizations, governments and political subdivisions thereof and nonprofit organizations.
(3) In a proceeding for
violations under Section 7-5-303, the court, in addition to the criminal
penalties imposed under this section, shall assess against the defendant
convicted of such violation double those reasonable costs that are expended by
the Insurance Integrity Enforcement Bureau of the Office of Attorney General or
the district attorney's office in the investigation of such case, including, but
not limited to, the cost of investigators, process service, court reporters, expert
witnesses and attorney's fees. A monetary penalty assessed and levied under
this section shall be deposited to the credit of the State General Fund, and
the Attorney General may institute and maintain proceedings in his name for
enforcement of payment in the circuit court of the county of residence of the
defendant and, if the defendant is a nonresident, such proceedings shall be in
the * * * inferior
courts of the Capitol Complex Improvement District.
SECTION 178. Section 27-3-33, Mississippi Code of 1972, is amended as follows:
27-3-33. (1) The Commissioner of Revenue shall have the power, authority and duty to direct that proceedings, actions and prosecutions be instituted to enforce the laws relating to the penalties, liabilities, and punishment of all persons, officers or agents or corporations, or others required by law to make returns of taxable property, for failure or neglect to comply with such provisions of the tax law; and to cause complaints to be made against assessors, boards of supervisors, and other officers, whose duties concern assessments, in any court of competent jurisdiction for their removal for official misconduct or neglect of such duty, as provided by law in such cases.
(2) The Commissioner of
Revenue shall have the power, authority and duty to proceed by suit in the
chancery court of the residence of the taxpayer or, in the case of a
nonresident, in the * * * inferior
courts of the Capitol Complex Improvement District, against all persons,
corporations, companies and associations of persons for all past-due and unpaid
taxes, together with any penalties, damages and interest due thereon, of any
kind whatever, either of the state or any county, municipality, drainage,
levee, or other taxing district, or any subdivision thereof, and for all past-due
obligations and indebtedness of any character due and owing to them or any of
them; but not, however, including penalties for the violation of the antitrust
laws; and, provided that the duty and obligation of the Commissioner of Revenue
hereunder accrues only at such time as the tax collector of the county,
municipality, drainage, levee, or other taxing district, or any subdivision
thereof, primarily responsible for the collection of taxes for the district has
exhausted all legal remedies provided by the laws of this state.
(3) All suits by the Commissioner of Revenue under the provisions of this section, or under the provisions of Section 27-3-37 or Section 27-3-39, shall be in his official capacity for the use of the state, county, municipality, levee board or other taxing district interested; and he shall not be liable for costs, and may appeal without bond. Such suits may be tried at the return term and shall take precedence over other suits.
(4) All warrants issued by the Commissioner of Revenue for the collection of any taxes imposed by statute and collected by the Department of Revenue shall be used to levy on salaries, compensation or other monies due the delinquent taxpayer. The warrants shall be served by mail or by delivery by an agent of the Department of Revenue on the person or entity responsible or liable for the payment of the monies to the delinquent taxpayer. Once served, the employer or other person owing compensation due the delinquent taxpayer shall pay the monies over to the Department of Revenue in complete or partial satisfaction of the tax liability. Except as otherwise provided in Section 85-13-3, an answer shall be made within thirty (30) days after service of the warrant in the form and manner determined satisfactory by the commissioner. Failure to pay the money over to the Department of Revenue as required by this section shall result in the served party being personally liable for the full amount of the monies owed and the levy and collection process may be issued against the party in the same manner as other taxes. Except as otherwise provided by this section, the answer, the amount payable under the warrant and the obligation of the payor to continue payment shall be governed by the garnishment laws of this state but shall be payable to the Department of Revenue.
SECTION 179. Section 97-33-315, Mississippi Code of 1972, is amended as follows:
97-33-315. (1) The executive director shall make appropriate investigations:
(a) To determine whether there has been any violation of Sections 97-33-301 through 97-33-317 or of any regulations adopted thereunder.
(b) To determine any facts, conditions, practices or matters which it may deem necessary or proper to aid in the enforcement of any such law or regulation.
(c) To aid in adopting regulations.
(d) To secure information as a basis for recommending legislation relating to Sections 97-33-301 through 97-33-317.
(e) To determine annual compliance with Sections 97-33-301 through 97-33-317.
(2) If after any investigation the executive director is satisfied that a license should be limited, conditioned, suspended or revoked, he shall initiate a hearing by filing a complaint with the commission and transmit therewith a summary of evidence in his possession bearing on the matter and the transcript of testimony at any investigative hearing conducted by or on behalf of the executive director to the licensee.
(3) Upon receipt of the complaint of the executive director, the commission shall review all matter presented in support thereof and shall appoint a hearing examiner to conduct further proceedings.
(4) After proceedings required by Sections 97-33-301 through 97-33-317, the hearing examiner may recommend that the commission take any or all of the following actions:
(a) As to operations at a licensed gaming establishment under Section 97-33-307(5):
(i) Limit, condition, suspend or revoke the license of any licensed gaming establishment or the individual license of any licensee without affecting the license of the establishment; and
(ii) Order an operator to exclude an individual licensee from the operation of the registered business or not to pay the licensee any remuneration for services or any profits, income or accruals on his investment in the licensed gaming establishment;
(b) Limit, condition, suspend or revoke any license granted to any applicant by the commission;
(c) Fine each licensee for any act or transaction for which commission approval was required or permitted, as provided in Section 97-33-309.
(5) The hearing examiner shall prepare a written decision containing his recommendation to the commission and shall serve it on all parties. Any party disagreeing with the hearing examiner's recommendation may ask the commission to review the recommendation within ten (10) days of service of the recommendation. The commission may hold a hearing to consider the recommendation whether there has been a request to review the recommendation or not.
(6) If the commission decides to review the recommendation, it shall give notice of that fact to all parties within thirty (30) days of the recommendation and shall schedule a hearing to review the recommendation. The commission's review shall be de novo but shall be based upon the evidence presented before the hearing examiner. The commission may remand the case to the hearing examiner for the presentation of additional evidence upon a showing of good cause why the evidence could not have been presented at the previous hearing.
(7) If the commission does not decide to review the recommendation within thirty (30) days, the recommendation becomes the final order of the commission.
(8) If the commission limits, conditions, suspends or revokes any license, or imposes a fine, it shall issue its written order therefor after causing to be prepared and filed the hearing examiner's written decision upon which the order is based.
(9) Any limitation, condition, revocation, suspension or fine is effective until reversed upon judicial review, except that the commission may stay its order pending a rehearing or judicial review upon such terms and conditions as it deems proper.
(10) Judicial review of an
order or decision of the commission may be had to the * * * inferior courts of the Capitol Complex Improvement
District as a case in equity.
(11) A license is automatically revoked if the individual is convicted of a felony in any court of this state, another state, or the United States or if the individual is convicted of a crime in any court of another state or the United States which, if committed in this state, would be a felony. An appeal from the conviction shall not act as a supersedeas to the revocation required by this subsection.
SECTION 180. Section 67-1-39, Mississippi Code of 1972, is amended as follows:
67-1-39. Any appeal from an
order of the Board of Tax Appeals regarding an action taken under this article shall
be filed without supersedeas to the * * * inferior courts of the Capitol Complex Improvement
District if the appellant is the department, or to the county of the domicile
of any other appellant. Any such appeal shall be based on the record made before
the Board of Tax Appeals and shall be filed within thirty (30) days from the date
of the order being appealed. There may be an appeal therefrom to the Supreme
Court as in other cases provided, but it shall be without supersedeas on the
order of the Board of Tax Appeals to them made and finally determined either by
the chancery court or the Supreme Court. Actions taken by the department in
suspending a permit when required by Section 93-11-157 or 93-11-163 are not
actions resulting in an order from which an appeal may be taken under this
section. Any appeal of a permit suspension that is required by Section 93-11-157
shall be taken in accordance with the appeal procedure specified in Section 93-11-157
or 93-11-163, as the case may be, rather than the procedure specified in this
section.
SECTION 181. Section 41-21-103, Mississippi Code of 1972, is amended as follows:
41-21-103. (1) Unless he or she has a legal guardian or conservator, a married person or a person eighteen (18) years of age or older may be admitted to a treatment facility as a voluntary admittee for treatment, provided that the director deems the person suitable for admission, upon the filing of an application with the director, accompanied by certificates of two (2) physicians or by one (1) physician and one (1) psychologist, one (1) nurse practitioner or one (1) physician assistant who certify that they examined the person within the last five (5) days and that the person is in need of observation, diagnosis and treatment. The director may accept applications from the person seeking admission or any interested person with the applicant's written consent.
(2) A person with an intellectual disability who is under the age of eighteen (18) years and who is not married may be admitted to a treatment facility upon application of his or her parent or legal guardian if the following has occurred:
(a) An investigation by the director that carefully probes the person's social, psychological and developmental background; and
(b) A determination by the director that the person will benefit from care and treatment of his or her disorder at the facility and that services and facilities are available. The reasons for the determination shall be recorded in writing.
(3) A person with an intellectual disability or with mental illness who is married or eighteen (18) years of age or older and who has a legal guardian or conservator may be admitted to a treatment facility upon application of his or her legal guardian or conservator if authorization to make the application has been received from the court having jurisdiction of the guardianship or conservatorship and the following has occurred:
(a) An investigation by the director that carefully probes the person's social, psychological and developmental background; and
(b) A determination by the director that the person will benefit from care and treatment of his or her disorder at the facility and that services and facilities are available. The reasons for the determination shall be recorded in writing.
(4) A person with mental illness who is under the age of fourteen (14) years may be admitted to a treatment facility upon the application of his or her parent or legal guardian if the following has occurred:
(a) An investigation by the director that carefully probes the person's social, psychological and developmental background; and
(b) A determination by the director that the person will benefit from care and treatment of his or her disorder at the facility and that services and facilities are available. The reasons for the determination shall be recorded in writing.
(5) A person with mental illness who is fourteen (14) years of age or older but less than eighteen (18) years of age may be admitted to a treatment facility in the same manner as an adult may be involuntarily committed.
(6) Any voluntary admittee
may leave a treatment facility after five (5) days, excluding Saturdays, Sundays
and holidays, after he or she gives any member of the treatment facility staff
written notice of his or her desire to leave, unless before leaving, the
patient withdraws the notice by written withdrawal or unless within those five (5)
days a petition and the certificates of two (2) examining physicians, or one
(1) examining physician and one (1) psychologist, nurse practitioner or
physician assistant, stating that the patient is in need of treatment, are
filed with the chancery clerk in the county of the patient's residence or the
county in which the treatment facility is located; however, if the admittee is
at Mississippi State Hospital at Whitfield, the petition and certificate shall
be filed with the chancery clerk in the county of patient's residence or with the * * * inferior courts of the Capitol Complex Improvement District
and the chancellor or clerk shall order a hearing under Sections 41-21-61
through 41-21-107. The patient may continue to be hospitalized pending a final
order of the court in the court proceedings.
(7) The written application form for voluntary admission shall contain in large, bold-face type a statement in simple, nontechnical terms that the admittee may not leave for five (5) days, excluding Saturdays, Sundays and holidays, after giving written notice of his or her desire to leave. This right to leave must also be communicated orally to the admittee at the time of his or her admission, and a copy of the application form given to the admittee and to any parent, guardian, relative, attorney or friend who accompanied the patient to the treatment facility.
SECTION 182. Section 83-24-35, Mississippi Code of 1972, is amended as follows:
83-24-35. (1) An order to
liquidate the business of a domestic insurer shall appoint the commissioner and
his successors in office as liquidator, and shall direct the liquidator
forthwith to take possession of the assets of the insurer and to administer
them under the general supervision of the court. The liquidator shall be
vested by operation of law with the title to all of the property, contracts and
rights of action, and all of the books and records of the insurer ordered liquidated,
wherever located, as of the entry of the final order of liquidation. The filing
or recording of the order with the Clerk of the * * *
inferior courts of the Capitol Complex Improvement District and of the
county in which its principal office or place of business is located, or, in the
case of real estate, of the county where the property is located, shall impart
the same notice as a deed, bill of sale or other evidence of title duly filed
or recorded with that chancery court would have imparted.
(2) Upon issuance of the order, the rights and liabilities of any such insurer and of its creditors, policyholders, shareholders, members and all other persons interested in its estate shall become fixed as of the date of entry of the order of liquidation, except as provided in Sections 83-24-37 and 83-24-73.
(3) An order to liquidate the business of an alien insurer domiciled in this state shall be in the same terms and have the same legal effect as an order to liquidate a domestic insurer, except that the assets and the business in the United States shall be the only assets and business included therein.
(4) At the time of petitioning for an order of liquidation, or at any time thereafter, the commissioner, after making appropriate findings of an insurer's insolvency, may petition the court for a judicial declaration of such insolvency. After providing such notice and hearing as it deems proper, the court may make the declaration.
(5) Any order issued under this section shall require the liquidator to submit financial reports to the court. Financial reports shall include (at a minimum) the assets and liabilities of the insurer and all funds received or disbursed by the liquidator during the current period. Financial reports shall be filed within one (1) year of the liquidation order and at least annually thereafter.
(6) (a) Within five (5) days of March 20, 1991, or, if later, within five (5) days after the initiation of an appeal of an order of liquidation, which order has not been stayed, the commissioner shall present for the court's approval a plan for the continued performance of the defendant company's policy claims obligations, including the duty to defend insureds under liability insurance policies, during the pendency of an appeal. Such plan shall provide for the continued performance and payment of policy claims obligations in the normal course of events, notwithstanding the grounds alleged in support of the order of liquidation including the ground of insolvency. If the defendant company's financial condition will not, in the judgment of the commissioner, support the full performance of all policy claims obligations during the appeal pendency period, the plan may prefer the claims of certain policyholders and claimants over creditors and interested parties as well as other policyholders and claimants, as the commissioner finds to be fair and equitable considering the relative circumstances of such policyholders and claimants. The court shall examine the plan submitted by the commissioner and if it finds the plan to be in the best interests of the parties, the court shall approve the plan. No action shall lie against the commissioner or any of his deputies, agents, clerks, assistants or attorneys by any party based on preference in an appeal pendency plan approved by the court.
(b) The appeal pendency plan shall not supersede or affect the obligations of any insurance guaranty association.
(c) Any such plans shall provide for equitable adjustments to be made by the liquidator to any distributions of assets to guaranty associations, and in the event that the liquidator pays claims from assets of the estate, which would otherwise be the obligations of any particular guaranty association but for the appeal of the order of liquidation, such that all guaranty associations equally benefit on a pro rata basis from the assets of the estate. Further, if an order of liquidation is set aside upon any appeal, the company shall not be released from delinquency proceedings unless and until all funds advanced by any guaranty association, including reasonable administrative expenses relating to obligations of the company, shall be repaid in full, together with interest at the judgment rate of interest or unless an arrangement for repayment thereof has been made with the consent of all applicable guaranty associations.
SECTION 183. Section 73-9-65, Mississippi Code of 1972, is amended as follows:
73-9-65. No disciplinary
action against a licensee shall be taken until the accused has been furnished
a statement of the charges against him or her and a notice of the time and place
of hearing thereof. The accused may be present at the hearing in person, by
counsel, or both. The board may, for good cause shown, reinstate any license
revoked or suspended. The procedure for the reinstatement of a license
that is suspended for being out of compliance with an order for support, as
defined in Section 93-11-153, shall be governed by Section 93-11-157 or 93-11-163,
as the case may be. The right to appeal any disciplinary actions of the board
regarding the license of any dentist or dental hygienist is granted. The
appeal shall be to the chancery court of the county in which the dentist or
dental hygienist resides, except where the dentist or dental hygienist does not
reside in the State of Mississippi, in which case the appeal shall be to the * * * inferior courts of the Capitol Complex Improvement
District. The appeal must be taken within thirty (30) days after notice of
the action of the board. The appeal is perfected upon filing a notice of
appeal, together with a bond in the sum of One Hundred Dollars ($100.00), with
two (2) sureties, conditioned that if the action of the board regarding the
license is affirmed by the chancery court the dentist or dental hygienist will
pay the costs of the appeal and the action in the chancery court. Those bonds
shall be approved by the president of the board. In lieu of the bond, the dentist
or dental hygienist may deposit One Hundred Dollars ($100.00) with the clerk of
the chancery court. If there is an appeal, the appeal may, in the discretion of
and on motion to the chancery court, act as a supersedeas. The chancery court
shall dispose of the appeal and enter its decision promptly. The hearing on
the appeal may, in the discretion of the chancellor, be tried in vacation.
Appeals may be had to the Supreme Court of the State of Mississippi as provided
by law from any final action of the chancery court. No such person shall be
allowed to practice dentistry or dental hygiene or deliver health care services
in violation of any action of the chancery court while any such appeal to the
Supreme Court is pending. All procedural appeal requirements as enumerated above
also shall apply to any other license or permit issued by the board under this
chapter or regulations duly adopted by the board.
Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.
SECTION 184. Section 23-17-13, Mississippi Code of 1972, is amended as follows:
23-17-13. If any person is
dissatisfied with the ballot title or summary formulated by the Attorney General,
he or she may, within five (5) days from the publications of the ballot title
and summary by the office of the Secretary of State, appeal to the * * *
inferior courts of the Capitol Complex Improvement District by petition
setting forth the measure, the title or summary formulated by the Attorney General,
and his or her objections to the ballot title or summary and requesting
amendment of the title or summary by the court.
A copy of the petition on appeal together with a notice that an appeal has been taken shall be served upon the Secretary of State, upon the Attorney General and upon the person proposing the measure if the appeal is initiated by someone other than that person. Upon the filing of the petition on appeal or at the time to which the hearing may be adjourned by consent of the appellant, the court shall accord first priority to examining the proposed measure, the title or summary prepared by the Attorney General and the objections to that title or summary. The court may hear arguments, and, within ten (10) days, shall render its decision and file with the Secretary of State a certified copy of such ballot title or summary as it determines will meet the requirements of Section 23-17-9. The decision of the court shall be final.
SECTION 185. Section 81-18-43, Mississippi Code of 1972, is amended as follows:
81-18-43. (1) In order to ensure the effective supervision and enforcement of this chapter, the commissioner may:
(a) Deny, suspend, revoke, condition or decline to renew a license for a violation of this chapter, rules or regulations issued under this chapter or order or directive entered under this chapter.
(b) Deny, suspend, revoke, condition or decline to renew a license if an applicant or licensee fails at any time to meet the requirements of Section 81-18-9(4) or 81-18-15(2), or withholds information or makes a material misstatement in an application for a license or renewal of a license.
(c) Order restitution against persons subject to this chapter for violations of this chapter.
(d) Impose civil penalties on persons subject to this chapter under subsections (2) and (3) of this section.
(e) Issue orders or directives under this chapter as follows:
(i) Order or direct persons subject to this chapter to cease and desist from conducting business, including immediate temporary orders to cease and desist.
(ii) Order or direct persons subject to this chapter to cease any harmful activities or violations of this chapter, including immediate temporary orders to cease and desist.
(iii) Enter immediate temporary orders to cease business under a license issued under the authority granted under Section 81-18-7(6) if the commissioner determines that the license was erroneously granted or the licensee is currently in violation of this chapter.
(iv) Order or direct such other affirmative action as the commissioner deems necessary.
(2) The commissioner may impose a civil penalty on a mortgage loan originator or person subject to this chapter, if the commissioner finds, on the record after notice and opportunity for hearing, that the mortgage loan originator or person subject to this chapter has violated or failed to comply with any requirement of this chapter or any regulation prescribed by the commissioner under this chapter or order issued under authority of this chapter. The maximum amount of penalty for each act or omission described in this subsection shall be Twenty-five Thousand Dollars ($25,000.00).
(3) Each violation or failure to comply with any directive or order of the commissioner is a separate and distinct violation or failure.
(4) For a first offense, the licensee, person required to be licensed, or employee may be found guilty of a misdemeanor and, upon conviction thereof, shall be punishable by imprisonment in the county jail for not more than one (1) year.
(5) For a second or subsequent offense, the licensee, person required to be licensed, or employee shall be guilty of a felony and, upon conviction thereof, may be punished by imprisonment in the custody of the State Department of Corrections for a term not less than one (1) year nor more than five (5) years.
(6) Compliance with the criminal provisions of this section shall be enforced by the appropriate law enforcement agency, which may exercise for that purpose any authority conferred upon the agency by law.
(7) The commissioner shall report regularly violations of this chapter, as well as enforcement actions and other relevant information, to the Nationwide Mortgage Licensing System and Registry subject to the provisions contained in Section 81-18-63.
(8) The state may enforce its rights under the surety bond as required in Section 81-18-11 as an available remedy for the collection of any civil penalties, criminal fines or costs of investigation and/or prosecution incurred.
(9) Any person assessed a
penalty as provided in this section shall have the right to request a hearing
on the amount of the penalty within ten (10) days after receiving notification
of the assessment. If no hearing is requested within ten (10) days of the
receipt of the notice, the penalty shall be final except as to judicial review
in the * * * inferior courts of
the Capitol Complex Improvement District. Upon the filing of a petition for
judicial review, the court shall issue an order to the licensee requiring the licensee
to show cause why it should not be entered. If the court determines, after a
hearing upon the merits or after failure of the person to appear when so ordered,
that the order of the department was properly issued, it shall grant the penalty
sought by the department.
SECTION 186. Section 97-45-25, Mississippi Code of 1972, is amended as follows:
97-45-25. (1) In a
proceeding for violations under Title 97, Chapter 45, Section 97-5-33 or Section
97-19-85, the court, in addition to the criminal penalties imposed under this
chapter, shall assess against the defendant convicted of such violation double
those reasonable costs that are expended by the Office of Attorney General, the
district attorney's office, the sheriff's office or police department involved
in the investigation of such case, including, but not limited to, the cost of
investigators, software and equipment utilized in the investigation, together
with costs associated with process service, court reporters and expert witnesses.
The Attorney General or district attorney may institute and maintain
proceedings in his name for enforcement of payment in the circuit court of the
county of residence of the defendant and, if the defendant is a nonresident, such
proceedings shall be in the * * * inferior courts of the Capitol Complex Improvement
District. The Attorney General or district attorney shall distribute the property
or interest assessed under this section as follows:
(a) Fifty percent (50%) shall be distributed to the unit of state or local government whose officers or employees conducted the investigation into computer fraud, identity theft or child exploitation which resulted in the arrest or arrests and prosecution. Amounts distributed to units of local government shall be used for training or enforcement purposes relating to detection, investigation or prosecution of computer and financial crimes, including computer fraud or child exploitation.
(b) Where the prosecution was maintained by the district attorney, fifty percent (50%) shall be distributed to the county in which the prosecution was instituted by the district attorney and appropriated to the district attorney for use in training or enforcement purposes relating to detection, investigation or prosecution of computer and financial crimes, including computer fraud or child exploitation. Where a prosecution was maintained by the Attorney General, fifty percent (50%) of the proceeds shall be paid or distributed into the Attorney General's Cyber Crime Central or the Attorney General's special fund to be used for consumer fraud education and investigative and enforcement operations of the Office of Consumer Protection. Where the Attorney General and the district attorney have participated jointly in any part of the proceedings, twenty-five percent (25%) of the property forfeited shall be paid to the county in which the prosecution occurred, and twenty-five percent (25%) shall be paid to the Attorney General's Cyber Crime Central or the Attorney General's special fund to be used for the purposes as stated in this paragraph.
(2) From and after July 1, 2016, the expenses of the Attorney General's Cyber Crime Central or Attorney General's special fund program shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law and as determined by the State Fiscal Officer.
(3) From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
SECTION 187. Section 73-35-25, Mississippi Code of 1972, is amended as follows:
73-35-25. (1) Any applicant
or licensee or person aggrieved shall have the right of appeal from any adverse
ruling or order or decision of the commission or administrative hearing officer
to the circuit court of the county of residence of the applicant, licensee or person,
or of the * * * inferior courts of the Capitol Complex Improvement
District, within thirty (30) days from the service of notice of the action of
the commission upon the parties in interest.
(2) Notice of appeals shall be filed in the office of the clerk of the court who shall issue a writ of certiorari directed to the commission commanding it, within thirty (30) days after service thereof, to certify to such court its entire record in the matter in which the appeal has been taken. The appeal shall thereupon be heard in due course by said court, without a jury, which shall review the record and make its determination of the cause between the parties.
(3) Any order, rule or decision of the commission or administrative hearing officer shall not take effect until after the time for appeal to the court has expired. If an appeal is taken by a defendant, such appeal shall act as an automatic supersedeas and the court shall dispose of the appeal and enter its decision promptly. However, the commission may file a motion within ten (10) days of the date of filing the notice of appeal and request the court to lift the supersedeas upon the commission's showing, by clear and convincing evidence, that immediate and irreparable harm will or may occur if the licensee or person aggrieved were to continue operating as a licensee.
(4) Any person taking an appeal shall post a satisfactory bond in the amount of Five Hundred Dollars ($500.00) for the payment of any costs which may be adjudged against him.
(5) Actions taken by the commission in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.
SECTION 188. Section 83-41-363, Mississippi Code of 1972, is amended as follows:
83-41-363. (1) When a health maintenance organization in this state is declared insolvent by a court of competent jurisdiction, the commissioner may levy an assessment on health maintenance organizations doing business in this state to pay claims for uncovered expenditures for enrollees who are residents of this state and to provide continuation of coverage for subscribers or enrollees not covered under Section 83-41-329. The commissioner may not assess in any one (1) calendar year more than two percent (2%) of the aggregate premium written by each health maintenance organization in this state the prior calendar year.
(2) (a) The commissioner may use funds obtained under subsection (1) to pay claims for uncovered expenditures for subscribers or enrollees of an insolvent health maintenance organization who are residents of this state, provide for continuation of coverage for subscribers or enrollees who are residents of this state and are not covered under Section 83-41-329, and administrative costs. The commissioner may by regulation prescribe the time, manner and form for filing claims under this section or may require claims to be allowed by an ancillary receiver or the domestic liquidator or receiver.
(b) The commissioner may not use funds obtained under subsection (1) to pay claims by participating providers for services rendered to subscribers or enrollees prior to insolvency of the health maintenance organization.
(3) (a) A receiver or liquidator of an insolvent health maintenance organization shall allow a claim in the proceeding in an amount equal to administrative and uncovered expenditures paid under this section.
(b) Any person receiving benefits under this section for uncovered expenditures is deemed to have assigned the rights under the covered health care plan certificates to the commissioner to the extent of the benefits received. The commissioner may require an assignment to it of such rights by any payee, enrollee, or beneficiary as a condition precedent to the receipt of any rights or benefits conferred by this section upon such person. The commissioner is subrogated to these rights against the assets of any insolvent health maintenance organization held by a receiver or liquidator of another jurisdiction.
(c) The assignment or subrogation rights of the commissioner and allowed claim under this subsection have the same priority against the assets of the insolvent health maintenance organization as those possessed by the person entitled to receive benefits under this section or for similar expenses in the receivership or liquidation.
(4) When assessed funds are unused following the completion of the liquidation of a health maintenance organization, the commissioner will distribute on a pro rata basis any amounts received under subsection (1) which are not de minimis to the health maintenance organizations which have been assessed under this section.
(5) The aggregate coverage of uncovered expenditures under this section shall not exceed Three Hundred Thousand Dollars ($300,000.00) with respect to any one (1) individual. Continuation of coverage shall not continue for more than the lesser of one (1) year after the health maintenance organization coverage is terminated by insolvency or the remaining term of the contract. The commissioner may provide continuation of coverage on any reasonable basis; including, but not limited to, continuation of the health maintenance organization contract or substitution of indemnity coverage in a form determined by the commissioner.
(6) The commissioner may
waive an assessment of any health maintenance organization if it would be or is
impaired or placed in financially hazardous condition. A health maintenance organization
which fails to pay an assessment within thirty (30) days after notice is
subject to a civil forfeiture of not more than One Thousand Dollars ($1,000.00)
per day or suspension or revocation of its certificate of authority, or
both fine and suspension. Any action taken by the commissioner in enforcing
the provisions of this section may be appealed by the health maintenance
organization in accordance with the * * * inferior courts of the Capitol Complex Improvement
District.
SECTION 189. Section 83-41-339, Mississippi Code of 1972, is amended as follows:
83-41-339. (1) Any certificate of authority issued under this article may be suspended or revoked, and any application for a certificate of authority may be denied, if the commissioner after a hearing finds that any of the conditions listed below exist:
(a) The health maintenance organization is operating significantly in contravention of its basic organizational document or in a manner contrary to that described in any other information submitted under Section 83-41-305, unless amendments to the submissions have been filed with and approved by the commissioner;
(b) The health maintenance organization issues an evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of Sections 83-41-315 and 83-41-331;
(c) The health maintenance organization does not provide or arrange for basic health care services;
(d) The State Health Officer certifies to the commissioner that:
(i) The health maintenance organization does not meet the requirements of Section 83-41-307(1)(b); or
(ii) The health maintenance organization is unable to fulfill its obligations to furnish health care services;
(e) The health maintenance organization operating in a "hazardous condition," and is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;
(f) The health maintenance organization has failed to correct, within the time prescribed by subsection (3), any deficiency occurring due to such health maintenance organization's prescribed minimum net worth being impaired;
(g) The health maintenance organization has failed to implement the grievance procedures required by Section 83-41-321 in a reasonable manner to resolve valid complaints;
(h) The health maintenance organization, or any person on its behalf, has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;
(i) The continued operation of the health maintenance organization would be hazardous to its enrollees; or
(j) The health maintenance organization has otherwise failed substantially to comply with this article.
(2) In addition to or in lieu of suspension or revocation of a certificate of authority pursuant to this section, the applicant or health maintenance organization may be subjected to an administrative penalty of up to One Thousand Dollars ($1,000.00) for each violation.
(3) The following shall pertain when insufficient net worth is maintained:
(a) Whenever the commissioner finds that the net worth maintained by any health maintenance organization subject to the provisions of this article is less than the minimum net worth required to be maintained by Section 83-41-325, he shall give written notice to the health maintenance organization of the amount of the deficiency and require: (i) filing with the commissioner a plan for correction of the deficiency acceptable to the commissioner and (ii) correction of the deficiency within a reasonable time, not to exceed sixty (60) days, unless an extension of time, not to exceed sixty (60) additional days, is granted by the commissioner. The deficiency shall be deemed an impairment, and failure to correct the impairment in the prescribed time shall be grounds for suspension or revocation of the certificate of authority or for placing the health maintenance organization in administrative supervision, rehabilitation or liquidation as per the insurance laws of this state.
(b) Unless allowed by the commissioner no health maintenance organization or person acting on its behalf may, directly or indirectly, renew, issue or deliver any certificate, agreement or contract of coverage in this state, for which a premium is charged or collected, when the health maintenance organization writing such coverage is impaired, and the fact of such impairment is known to the health maintenance organization or to such person.
However, the existence of an impairment shall not prevent the issuance or renewal of a certificate, agreement or contract when the enrollee exercises an option granted under the plan to obtain a new, renewed or converted coverage.
(4) A certificate of authority shall be suspended or revoked or an application or a certificate of authority denied or an administrative penalty imposed only after compliance with the requirements of this section.
(a) Suspension or
revocation of a certificate of authority or the denial of an application or the
imposition of an administrative penalty pursuant to this section shall be by
written order and shall be sent to the health maintenance organization or
applicant by certified or registered mail and to the State Health Officer. The
written order shall state the grounds, charges or conduct on which suspension,
revocation or denial or administrative penalty is based. The health maintenance
organization or applicant may in writing request a hearing within twenty (20)
days from the date of mailing of the order. The said request must be filed with
the commissioner within the twenty * * *-day period. If no written request
is made, such order shall be final upon the expiration of said twenty (20)
days.
(b) If the health maintenance organization or applicant requests a hearing pursuant to this section, the commissioner shall issue a written notice of hearing and send it to the health maintenance organization or applicant by certified or registered mail and to the State Health Officer stating:
(i) A specific time for the hearing, which may not be less than twenty (20) days after mailing of the notice of hearing; and
(ii) A specific place for the hearing which shall be at the discretion of the commissioner and which may be either in Jackson, Hinds County, Mississippi, or in the county where the health maintenance organization's or applicant's principal place of business is located.
(iii) If a hearing is requested, the State Health Officer or his designated representative shall be in attendance and shall participate in the proceedings. The recommendations and findings of the State Health Officer with respect to matters relating to the quality of health care services provided in connection with any decision regarding denial, suspension or revocation of a certificate of authority, shall be conclusive and binding upon the commissioner.
After the hearing, or upon failure of the health maintenance organization to appear at the hearing, the commissioner shall take whatever action he deems necessary based on written findings and shall mail his decision to the health maintenance organization or applicant with a copy to the State Health Officer. The action of the commissioner and the recommendation and findings of the State Health Officer shall be subject to review under the Administrative Rules of Practice and Procedure Act.
(5) When the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of such suspension, enroll any additional enrollees except newborn children or other newly acquired dependents of existing enrollees, and shall not engage in any advertising or solicitation whatsoever.
(6) When the certificate of authority of a health maintenance organization is revoked, such organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs, and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of such organization under supervision of the commissioner. It shall engage in no further advertising or solicitation whatsoever. The commissioner may, by written order, permit such further operation of the organization as he may find to be in the best interest of enrollees, to the end that enrollees will be afforded the greatest practical opportunity to obtain continuing health care coverage.
(7) Any appeal from a
decision of the commissioner under this section shall be to the * * * inferior courts of the Capitol Complex Improvement
District, within thirty * * * (30) days from the final order of
the commissioner.
SECTION 190. Section 75-60-4, Mississippi Code of 1972, is amended as follows:
75-60-4. (1) The Mississippi Community College Board shall appoint a "Commission on Proprietary School and College Registration" to be composed of five (5) qualified members, one (1) appointed from each of the five (5) Mississippi congressional districts existing on January 1, 1992. The membership of said commission shall be composed of persons who have held a teaching, managerial or other similar position with any public, private, trade, technical or other school; provided, however, that one (1) member of the commission shall be actively engaged in, or retired from, teaching, managerial or other similar position with a privately owned trade, technical or other school. The membership of said commission shall be appointed by the board within ninety (90) days of the passage of this chapter. In making the first appointments, two (2) members shall be appointed for three (3) years, two (2) members for four (4) years, and one (1) member for five (5) years. Thereafter, all members shall be appointed for a term of five (5) years. If one (1) of the members appointed by the board resigns or is otherwise unable to serve, a new member shall be appointed by the commission to fill the unexpired term. All five (5) members of the commission have full voting rights. The members shall not be paid for their services, but may be compensated for the expenses necessarily incurred in the attendance at meetings or in performing other services for the commission at a rate prescribed under Section 25-3-69, Mississippi Code of 1972, plus actual expenses and mileage as provided by Section 25-3-41, Mississippi Code of 1972. Members of the commission shall annually elect a chairman from among its members who is not actively engaged with a privately owned trade or technical school.
(2) The Mississippi Community College Board shall appoint such staff as may be required for the performance of the commission's duties and provide necessary facilities.
(3) The Mississippi Community College Board shall levy fees authorized in this chapter only in such amounts as may be required for the performance of the commission's duties.
(4) In addition to the fees authorized in this chapter, the Mississippi Community College Board is authorized to levy and collect fees from proprietary schools and colleges to recover the cost of audits, investigations and hearings relating to such institutions.
(5) It shall be the purpose
of the Commission on Proprietary School and College Registration to establish
and implement the registration program as provided in this chapter. All controversies
involving the registration of such schools shall be initially heard by a duly
authorized hearing officer of the commission before whom a complete record
shall be made. After the conclusion of the hearing, the duly authorized hearing
officer of the commission shall make a recommendation to the commission as to
the resolution of the controversies, and the commission, after considering the
transcribed record and the recommendation of its hearing officer, shall make
its decision which becomes final unless the school or college or other person
involved shall appeal to the Mississippi Community College Board, which appeal
shall be on the record previously made before the commission's hearing officer
except as may be provided by rules and regulations adopted by the Mississippi
Community College Board. All appeals from the Mississippi Community College
Board shall be on the record and shall be filed in the Chancery Court of the * * *
inferior courts of the Capitol Complex Improvement District.
SECTION 191. Section 73-7-37, Mississippi Code of 1972, is amended as follows:
73-7-37. (1) The violation of any of the provisions of this chapter, including the use of fraudulent statements to obtain any benefits or privileges under this chapter or practicing one (1) of these professions without a license, shall constitute a misdemeanor, punishable in any court of competent jurisdiction at the seat of government, and any person or firm convicted of the violation of any of the provisions of this chapter shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00). The court shall not be authorized to suspend or suspend the execution of the fine required under this section.
(2) If any person, firm or
corporation violates any of the provisions of this chapter, the secretary of
the board, upon direction of a majority of the board and in the name of the
board, acting through the Attorney General or an attorney employed by the
board, shall apply in the * * * Chancery Court of the First Judicial District of Hinds County, Mississippi,
inferior courts of the Capitol Complex Improvement District for an order
enjoining such violation or for an order enforcing compliance with the provisions
of this chapter. Upon the filing of a verified petition in the chancery court
and after notice as provided under the Mississippi Rules of Civil Procedure,
such court, if satisfied by the sworn petition, by affidavit or otherwise, that
such person has violated any of the provisions of this chapter, may issue an injunction
without notice or bond, enjoining such continued violation and such injunction
shall remain in force and effect until a final hearing. If at such hearing it
is established that such person has violated or is violating any of the provisions
of this chapter, the court may enter a decree permanently enjoining such
violation or enforcing compliance with this chapter. In addition, the court may
enter a judgment against such person for attorney’s fees, court costs and the
actual costs incurred by the board in investigating the actions of such person
for which the board brought the suit for an injunction. In case of violation of
any decree issued in compliance with this subsection, the court may punish the
offender for contempt of court and the court shall proceed as in other cases.
(3) The proceedings in this section shall be in addition to and not in lieu of the other remedies and penalties provided in this chapter.
SECTION 192. Section 79-14-210, Mississippi Code of 1972, is amended as follows:
79-14-210. (a) The Secretary of State shall file a record delivered to the Secretary of State for filing which satisfies this chapter. The duty of the Secretary of State under this section is ministerial.
(b) When the Secretary of State files a record, the Secretary of State shall record it as filed on the date and at the time of its delivery. After filing a record, the Secretary of State shall deliver to the person that submitted the record a copy of the record with an acknowledgment of the date and time of filing.
(c) If the Secretary of State refuses to file a record, the Secretary of State shall, not later than fifteen (15) business days after the record is delivered:
(1) Return the record or notify the person that submitted the record of the refusal; and
(2) Provide a brief explanation in a record of the reason for the refusal.
(d) If the Secretary of
State refuses to file a record, the person that submitted the record may
petition the * * * inferior
courts of the Capitol Complex Improvement District to compel filing of the
record. The record and the explanation of the Secretary of State of the refusal
to file must be attached to the petition. The court may decide the matter in a
summary proceeding.
(e) The filing of or refusal to file a record does not:
(1) Affect the validity or invalidity of record in whole or in part; or
(2) Create a presumption that the information contained in the record is correct or incorrect.
(f) Except as otherwise provided by Section 79-35-13 or by law other than this chapter, the Secretary of State may deliver any record to a person by delivering it:
(1) In person to the person that submitted it;
(2) To the address of the person's registered agent;
(3) To the principal office of the person; or
(4) To another address the person provides to the Secretary of State for delivery.
SECTION 193. Section 73-11-57, Mississippi Code of 1972, is amended as follows:
73-11-57. (1) The board, upon satisfactory proof at proper hearing and in accordance with the provisions of this chapter and the regulations of the board, may suspend, revoke, or refuse to issue or renew any license under this chapter, reprimand or place the holder of a license on a term of probation, and/or take any other action in relation to a license as the board may deem proper under the circumstances upon any of the following grounds:
(a) The employment of fraud or deception in applying for a license or in passing the examination provided for in this chapter;
(b) The erroneous issuance of a license to any person;
(c) The conviction of a felony by any court in this state or any federal court or by the court of any other state or territory of the United States; having been convicted of or pled guilty to a felony in the courts of this state or any other state, territory or country which would prevent a person from holding elected office. Conviction, as used in this paragraph, shall include a deferred conviction, deferred prosecution, deferred sentence, finding or verdict of guilt, an admission of guilty, or a plea of nolo contendere;
(d) The practice of embalming under a false name or without a license for the practice of funeral service;
(e) The impersonation of another funeral service or funeral directing licensee;
(f) The permitting of a person other than a funeral service or funeral directing licensee to make arrangements for a funeral and/or form of disposition;
(g) Violation of any provision of this chapter or any rule or regulation of the board;
(h) Having had a license for the practice of funeral service or funeral directing suspended or revoked in any jurisdiction, having voluntarily surrendered his license in any jurisdiction, having been placed on probation in any jurisdiction, having been placed under disciplinary order(s) or other restriction in any manner for funeral directing and/or funeral service, or operating a funeral establishment (a certified copy of the order of suspension, revocation, probation or disciplinary action shall be prima facie evidence of such action);
(i) Solicitation of dead human bodies by the licensee, his agents, assistants or employees, whether such solicitation occurs after death or when death is imminent; if the person solicited has made known a desire not to receive the communication, or if the solicitation involves coercion, duress or harassment, or if the solicitation takes place at the residence of the client or prospective client and is uninvited by the client or prospective client and has not been previously agreed to by the client or prospective client; however, this shall not be deemed to prohibit general advertising;
(j) Employment directly or indirectly of any apprentice, agent, assistant, employee, or other person, on a part-time or full-time basis or on commission, for the purpose of calling upon individuals or institutions by whose influence dead human bodies may be turned over to a particular funeral establishment;
(k) Failure to give full cooperation to the board and/or its designees, agents or other representatives in the performance of official duties of the board. Such failure to cooperate includes, but is not limited to:
(i) Not furnishing any relevant papers or documents requested by or for the board;
(ii) Not furnishing, in writing, an adequate explanation covering the matter contained in a complaint filed with the board;
(iii) Not responding without cause to subpoenas issued by the board, whether or not the licensee is the party charged in any preceding before the board;
(iv) Not reasonably providing access, as directed by the board for its authorized agents or representatives seeking to perform reviews or inspections at facilities or places utilized by the license holder in the practice of funeral service or funeral directing and/or in performing any other activity regulated by the board under this chapter;
(v) Failure to provide information within the specified time allotted and as required by the board and/or its representatives or designees;
(vi) Failure to cooperate with the board or its designees or representatives in the investigation of any alleged misconduct or interfering with a board investigation by willful misrepresentation of facts;
(vii) Deceiving or attempting to deceive the board regarding any matter under investigation, including altering or destroying any records; and
(viii) Failure, without good cause, to cooperate with any request by the board to appear before it;
(l) Knowingly performing any act that in any way assists an unlicensed person to practice funeral service or funeral directing;
(m) Knowingly making a false statement on death certificates;
(n) Conviction of a crime involving moral turpitude;
(o) Violating any statute, ordinance, rule or regulation of the state or any of its boards, agencies or political subdivisions affecting the registration of deaths or the handling, custody, care or transportation of dead human bodies; or
(p) Unprofessional conduct in the practice of funeral service or funeral directing which includes, but is not limited to:
(i) Retaining a dead human body for the payment of a fee for the performance of services that are not authorized;
(ii) Knowingly performing any act which in any way assists an unlicensed person to practice funeral service or funeral directing;
(iii) Being guilty of any dishonorable conduct likely to deceive, defraud or harm the public;
(iv) Any act or omission in the practice of funeral service or directing which constitutes dishonesty, fraud or misrepresentation with the intent to benefit the licensee, another person or funeral establishment, or with the intent to substantially injure another person, licensee or funeral establishment; or
(v) Any act or conduct, whether the same or of a different character than specified above, which constitutes or demonstrates bad faith, incompetency or untrustworthiness; or dishonest, fraudulent or improper dealing; or any other violation of the provisions of this chapter, the rules and regulations established by the board or any rule or regulation promulgated by the Federal Trade Commission relative to the practice of funeral service or funeral directing.
(2) Any person, including a member of the board, may initiate a complaint against a licensee of the board by filing with the board a written complaint on a form prescribed by the board.
(a) Upon receipt of a properly verified complaint, the board shall send a copy of the complaint to the affected licensee by certified mail to the address of such licensee appearing of record with the board. The licensee shall answer the complaint in writing within twenty (20) days after receipt of the complaint. The licensee shall mail a copy of his, her or its response to the board and the complainant. Upon receipt of the licensee's response or lapse of twenty (20) days, the board is authorized to investigate a complaint that appears to show the existence of any of the causes or grounds for disciplinary action as provided in Section 73-11-57. Upon finding reasonable cause to believe that the charges are not frivolous, unfounded or filed in bad faith, the board may, in its discretion, cause a hearing to be held, at a time and place fixed by the board, regarding the charges that a violation of this chapter has occurred. The board shall order a hearing for the licensee to appear and show cause why he/she should not be disciplined for a violation of this chapter.
(b) The board shall give the complainant and the affected licensee twenty (20) days' notice of any hearing upon a complaint. Such notice shall be by United States certified mail.
(c) Any party appearing before the board may be accompanied by counsel.
(d) Before commencing a hearing, the chairman or designee of the board shall determine if all parties are present and ready to proceed. If the complainant fails to attend a hearing without good cause shown, the complaint shall be dismissed summarily and all fees and expenses of convening the hearing shall be assessed to, and paid by, the complainant. If any affected licensee fails to appear for a hearing without good cause shown, such licensee shall be presumed to have waived his right to appear before the board and be heard.
(e) Upon the chair's determination that all parties are ready to proceed, the chair or designee shall call the hearing to order and the complainant and the licensee may give opening statements. The board may order the sequestration of nonparty witnesses.
(f) The complainant shall then present his, her or its complaint. The licensee, any counsel and any member or designee of the board may ask questions of witnesses.
(g) The licensee shall then present his, her or its case in rebuttal. The complainant, any counsel and any member or designee of the board may ask questions of witnesses.
(h) At the completion of the evidence, all parties may give closing statements.
(i) At the conclusion of the hearing, the board may either decide the issue at that time or take the case under advisement for further deliberation. The board shall render its decision not more than ninety (90) days after the close of the hearing and shall forward the decision to the last-known business or residence address of the parties.
(3) The board, on its own motion, may file a formal complaint against a licensee.
(4) The board may temporarily suspend a license under this chapter without any hearing, simultaneously with the institution of proceedings under this section, if it finds that the evidence in support of the board's determination is clear, competent and unequivocal and that the licensee's continuation in practice would constitute an imminent danger to public health and safety.
(5) The board may, upon satisfactory
proof that the applicant or licensee has been guilty of any of the offenses above
enumerated, take the action authorized by this section against an applicant or licensee
of the board upon a majority vote of the board members, after a hearing thereon.
The board is vested with full power and authority to hold and conduct such hearings,
compel the attendance of witnesses and the production of books, records and documents,
issue subpoenas therefor, administer oaths, examine witnesses, and do all things
necessary to properly conduct such hearings. The board may waive the necessity
of a hearing if the person accused of a violation admits that he has been guilty
of such offense. Any person who has been refused a license or whose license has
been revoked or suspended may, within thirty (30) days after the decision of the
board, file with the board a written notice stating that he feels himself aggrieved
by such decision and may appeal therefrom to the circuit court of the county and
judicial district of residence of the person, or if the person is a nonresident
of the State of Mississippi, to the * * *
inferior courts of the Capitol Complex Improvement District. The circuit
court shall determine the action of the board was in accord or consistent with law,
or was arbitrary, unwarranted or an abuse of discretion. The appeal shall be perfected
upon filing notice of the appeal with the circuit court and by the prepayment of
all costs, including the cost of the preparation of the record of the proceedings
by the board. An appeal from the circuit court judgment or decree may be reviewed
by the Supreme Court as is provided by law for other appeals. An appeal of a decision
or order of the board does not act as a supersedeas.
(6) In addition to any other power that it has, the board may, upon finding that an applicant or licensee has committed any of the violations listed in Section 73-11-57(1), impose a monetary penalty as follows:
(a) For the first violation of any of the subparagraphs of subsection (1) of this section, a monetary penalty of not more than Five Hundred Dollars ($500.00).
(b) For the second violation of any of the subparagraphs of subsection (1) of this section, a monetary penalty of not more than One Thousand Dollars ($1,000.00).
(c) For the third and any subsequent violation of any of the subparagraphs of subsection (1) of this section, a monetary penalty of not more than Five Thousand Dollars ($5,000.00).
(d) For any violation of any of the subparagraphs of subsection (1) of this section, those reasonable costs that are expended by the board in the investigation and conduct of a proceeding for licensure revocation or suspension, including, but not limited to, the cost of process service, court reporters, expert witnesses and investigators.
(7) The power and authority of the board to assess and levy such monetary penalties hereunder shall not be affected or diminished by any other proceeding, civil or criminal, concerning the same violation or violations except as provided in this section.
(8) A licensee shall have the right of appeal from the assessment and levy of a monetary penalty as provided in this section under the same conditions as a right of appeal is provided elsewhere for appeals from an adverse ruling, order or decision of the board.
(9) Any monetary penalty assessed and levied under this section shall not take effect until after the time for appeal shall have expired.
(10) A monetary penalty assessed and levied under this section shall be paid to the board by the licensee upon the expiration of the period allowed for appeal of such penalties under this section or may be paid sooner if the licensee elects.
With the exception of subsection (5)(d) of this section, monetary penalties collected by the board under this section shall be deposited in the State Treasury to the credit of the State Board of Funeral Service. Any monies collected by the board under subsection (5)(d) of this section shall be deposited into the special fund operating account of the board.
(11) When payment of a monetary
penalty assessed and levied by the board against a licensee in accordance with this
section is not paid by the licensee when due under this section, the board shall
have power to institute and maintain proceedings in its name for enforcement of
payment in the chancery court of the county and judicial district of residence
of the licensee, or if the licensee is a nonresident of the State of Mississippi,
in the * * * inferior
courts of the Capitol Complex Improvement District.
(12) In any administrative or judicial proceeding in which the board prevails, the board shall have the right to recover reasonable attorney fees.
(13) In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or 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. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 194. Section 79-4-7.03, Mississippi Code of 1972, is brought forward as follows:
79-4-7.03. (a) The chancery court of the county where a corporation's principal office (or, if none in this state, its registered office) is located may summarily order a meeting to be held:
(1) On application of any shareholder of the corporation entitled to participate in an annual meeting if an annual meeting was not held or action by written consent in lieu thereof did not become effective within the earlier of six (6) months after the end of the corporation's fiscal year or fifteen (15) months after its last annual meeting or written consent in lieu thereof; or
(2) On application of a shareholder who signed a demand for a special meeting valid under Section 79-4-7.02 if:
(i) Notice of the special meeting was not given within thirty (30) days after the date the demand was delivered to the corporation's secretary; or
(ii) The special meeting was not held in accordance with the notice.
(b) The court may fix the time and place of the meeting, determine the shares entitled to participate in the meeting, specify a record date for determining shareholders entitled to notice of and to vote at the meeting, prescribe the form and content of the meeting notice, fix the quorum required for specific matters to be considered at the meeting (or direct that the votes represented at the meeting constitute a quorum for action on those matters), and enter other orders necessary to accomplish the purpose or purposes of the meeting.
SECTION 195. Section 31-3-23, Mississippi Code of 1972, is amended as follows:
31-3-23. Within ten (10)
days after any order, judgment or action of the board, any person aggrieved
thereby may appeal such order, judgment or action either to the chancery court
of the county wherein the appellant resides or to the * * * inferior courts of the Capitol Complex Improvement
District upon giving bond with sufficient security in the amount of Two
Hundred Fifty Dollars ($250.00), approved by the clerk of the chancery court
and conditioned to pay any costs which may be adjudged against such person. In
lieu of the bond, the appellant may post Two Hundred Fifty Dollars ($250.00)
with the clerk of the chancery court and conditioned to pay any costs which may
be adjudged against such person.
Notice of appeal shall be filed in the office of the clerk of the chancery court, who shall issue a writ of certiorari directed to the board commanding it within forty-five (45) days after service thereof to certify to such court its entire record in the matter in which the appeal has been taken. The appeal shall thereupon be heard in due course by the court, and the court shall review the record and shall affirm or reverse the judgment. If the judgment is reversed, the chancery court or chancellor shall render such order or judgment as the board ought to have rendered, and certify the same to the board; and costs shall be awarded as in other cases.
Appeals may be had to the Supreme Court of the State of Mississippi as provided by law from any final action of the chancery court. The board may employ counsel to defend such appeals, to be paid out of the funds in the State Board of Contractors Fund.
On appeal, any order, judgment or action of the board revoking a certificate of responsibility or residential license shall remain in full force unless the chancery court or Supreme Court reverses such order, judgment or action of the board.
The remedies provided under this chapter for any aggrieved person shall not be exclusive, but shall be cumulative of and supplemental to any other remedies which he may otherwise have in law or in equity, whether by injunction or otherwise.
SECTION 196. Section 27-35-163, Mississippi Code of 1972, is amended as follows:
27-35-163. (1) Except as
otherwise provided in subsection (2) of this section, any person, firm or corporation
aggrieved by an order of the Board of Tax Appeals affirming, in whole or in part,
the assessment of property by the Department of Revenue for the purpose of ad
valorem taxation may, within thirty (30) days from the date of this order, appeal
with supersedeas as to the amount of taxes in controversy to the * * * inferior courts of the Capitol Complex Improvement District
or to the circuit court of any county in which the property, or any part
thereof, is located, or to the circuit court of any county in which such
person, firm or corporation whose property is assessed resides, upon giving bond
with sufficient sureties, to be approved by the clerk of such court, in a sum equal
to the amount of taxes due on the contested value of such property as affirmed
by the Board of Tax Appeals, but never less than One Hundred Dollars ($100.00),
payable to the state and conditioned to perform the judgment of the circuit
court. The ad valorem taxes due on the uncontested portion of the value as
determined by the Board of Tax Appeals shall be due and payable at the same
time as all other ad valorem taxes are for real and personal property. The
person, firm or corporation who appeals shall file with the clerk of the
circuit court a petition for appeal and review, together with the bond herein
provided for, and the clerk shall thereupon give notice to the Department of
Revenue, who will be the appellee in the appeal, and to the Board of Tax Appeals.
The Department of Revenue shall file with the clerk of the circuit court where
the petition is pending a certified copy of the assessment in issue and the
Board of Tax Appeals shall file a certified copy of its order or orders in
regard to this assessment. The assessment by the Department of Revenue and the
order or orders of the Board of Tax Appeals are to be filed with the circuit
clerk within thirty (30) days from the date that each respective agency and
board received the notice from the clerk of the circuit court concerning the
filing of the appeal. The matter of assessing such property shall be heard de novo
by the circuit court at the first term of the court thereafter, or by the judge
of the circuit court in vacation, by agreement of the parties, without a jury,
and such proceeding shall be given preference over other pending matters in the
court. After hearing the evidence, the circuit court, or the judge thereof in
vacation, shall make an order setting aside, modifying or affirming the order
of the Board of Tax Appeals. A copy of such order shall be certified by the
clerk of the court to the Department of Revenue, which shall conform thereto.
If the order of the Board of Tax Appeals is affirmed, then the person, firm or corporation who appealed, and the sureties on the appeal bond, shall be liable to the state for damages at the rate of ten percent (10%) on the amount of taxes in controversy, and all cost of such appeal.
If the Department of Revenue shall be aggrieved by an order of the Board of Tax Appeals regarding an assessment by the department for ad valorem tax purposes, the department may, within thirty (30) days from the date of the order of the Board of Tax Appeals regarding this assessment, appeal to the circuit court of any county in which the property being assessed, or any part thereof, is located or of any county in which the taxpayer resides, in like manner as in the case of any person, firm or corporation aggrieved as provided in this subsection, except no bonds shall be required of the Department of Revenue. Upon the filing of a petition for appeal or review as provided in this subsection, the clerk of the court in which the petition is filed shall thereupon issue process to the person, firm or corporation whose property is assessed, and such person, firm or corporation shall plead to the petition within thirty (30) days after the receipt of the notice.
If the state shall be aggrieved by an assessment for ad valorem tax purposes by the Department of Revenue or by an order of the Board of Tax Appeals regarding an assessment by the Department of Revenue for ad valorem tax purposes, the Attorney General or the district attorney, if all the property sought to be taxed is located within the judicial district for which such district attorney is elected, may, within thirty (30) days from the date of the notice from the Department of Revenue to the tax assessor or tax assessors in the county or counties where the property being assessed is located of the amount of the final assessment, appeal to the circuit court of any county in which the property, or any part thereof, is located or of any county in which the taxpayer resides, in like manner as in the case of any person, firm or corporation aggrieved as hereinbefore provided, except no bonds shall be required of the Attorney General or district attorney who may appeal. Upon the filing of a petition for appeal or review as herein provided, the clerk of the court in which the petition is filed shall thereupon issue process to the person, firm or corporation whose property is assessed, and such person, firm or corporation shall plead to the petition within twenty (20) days after the receipt of the notice.
In the event more than one (1) person appeals an assessment by the Department of Revenue for ad valorem tax purposes or an order of the Board of Tax Appeals regarding an assessment by the Department of Revenue for ad valorem tax purposes under this section, the matter shall be heard by the circuit court of the county in which the petition for appeal was first filed, unless otherwise agreed by the parties.
Any taxpayer aggrieved by an order of the circuit court may appeal, with supersedeas, to the Supreme Court by giving bond in the amount and conditioned as provided in the preceding paragraphs of this section.
The officer who appealed the matter from the ad valorem assessment of the Department of Revenue or from the order of the Board of Tax Appeals concerning an ad valorem assessment by the Department of Revenue may have an appeal to the Supreme Court without bond.
If the Department of Revenue appeals the matter from the order of the Board of Tax Appeals concerning an assessment by the Department of Revenue for ad valorem tax purposes, it may have an appeal to the Supreme Court without bond.
In the event the appeal by the taxpayer delays the collection of the tax due by him, then the taxpayer shall be liable for and shall pay, at the time the taxes are paid to the tax collector whose duty it is to collect the taxes, interest at the rate of six percent (6%) per annum from the date the taxes were due until paid.
(2) Any telephone company
operating in more than six (6) counties, which is aggrieved by an assessment by
the Department of Revenue for ad valorem tax purposes, may, within thirty (30)
days from the date of the order of the Board of Tax Appeals regarding this
assessment, appeal without bond as to the amount of taxes in controversy to the * * * inferior courts of the Capitol Complex Improvement District
or to the circuit court of any county in which the property, or any part
thereof, is located, or to the circuit court of any county in which such
telephone company resides. Notwithstanding such appeal, all of the ad valorem
taxes due on the value as set by the Department of Revenue as adjusted by the Board
of Tax Appeals shall be due and payable at the same time as all other ad valorem
taxes are for real and personal property; provided, however, that the ad
valorem taxes due on the contested portion of such value shall be paid under
protest. Such telephone company shall file with the clerk of the circuit court
a petition for appeal and review and the clerk shall thereupon give notice to
the Department of Revenue, who will be the appellee in the appeal, and to the
Board of Tax Appeals. The Department of Revenue shall file with the clerk of
the circuit court where the petition is pending a certified copy of the
assessment in issue and the Board of Tax Appeals shall file a certified copy of
its order or orders in regard to this assessment. The assessment by the
Department of Revenue and the order or orders of the Board of Tax Appeals are
to be filed with the circuit clerk within thirty (30) days from the date that
each respective agency and board received the notice from the clerk of the circuit
court concerning the filing of the appeal. The matter of assessing such
property shall be heard de novo by the circuit court at the first term of the
court thereafter, or by the judge of the circuit court in vacation, by agreement
of the parties, without a jury, and such proceeding shall be given preference
over other pending matters in the court. After hearing the evidence, the
circuit court, or the judge thereof in vacation, shall make an order setting
aside, modifying or affirming the order of the Board of Tax Appeals. A copy of
such order shall be certified by the clerk of the court to the Department of Revenue,
which shall conform thereto.
If the Department of Revenue shall be aggrieved by an order of the Board of Tax Appeals regarding an assessment by the department for ad valorem tax purposes, the department may, within thirty (30) days from the date of the order of the Board of Tax Appeals regarding this assessment, appeal to the circuit court of any county in which the property being assessed, or any part thereof, is located or of any county in which the taxpayer resides, in like manner as in the case of any person, firm or corporation aggrieved as provided in this subsection, except no bonds shall be required of the Department of Revenue. Upon the filing of a petition for appeal or review as provided in this subsection, the clerk of the court in which the petition is filed shall thereupon issue process to the person, firm or corporation whose property is assessed, and such person, firm or corporation shall plead to the petition within thirty (30) days after the receipt of the notice.
If the state shall be aggrieved by an assessment for ad valorem purposes by the Department of Revenue or by an order of the Board of Tax Appeals regarding an assessment by the Department of Revenue for ad valorem tax purposes, the Attorney General or the district attorney, if all the property sought to be taxed is located within the judicial district for which such district attorney is elected, may, within thirty (30) days from the date of the notice from the Department of Revenue to the tax assessor or tax assessors in the county or counties where the property being assessed is located of the amount of the final assessment, appeal without bond to the circuit court of any county in which the property, or any part thereof, is located or of any county in which such telephone company resides. Upon the filing of a petition for appeal or review as herein provided, the clerk of the court in which the petition is filed shall thereupon issue process to such telephone company, and such telephone company shall plead to the petition within thirty (30) days after the receipt of the notice.
In the event more than one (1) person appeals an assessment of a telephone company by the Department of Revenue for ad valorem tax purposes or an order of the Board of Tax Appeals regarding an assessment of a telephone company by the Department of Revenue for ad valorem tax purposes, the matter shall be heard by the circuit court of the county in which the petition for appeal was first filed, unless otherwise agreed by the parties.
Any such telephone company aggrieved by an order of the circuit court may appeal without bond to the Supreme Court.
The officer who appealed the matter from ad valorem assessment of the Department of Revenue of a telephone company or from the order of the Board of Tax Appeals concerning an ad valorem tax assessment by the Department of Revenue of a telephone company may have an appeal to the Supreme Court without bond.
If the Department of Revenue appeals the matter from the order of the Board of Tax Appeals concerning an assessment of a telephone company by the Department of Revenue for ad valorem tax purposes, it may have an appeal to the Supreme Court without bond.
If the value as set by the final assessment of the Department of Revenue of the telephone company, including any adjustment ordered by the Board of Tax Appeals, is reduced by the courts as a result of appeals filed by such telephone company, the ad valorem taxes attributable to such reduction shall be disposed of by each affected local taxing district in the following manner:
(a) (i) Such local telephone company shall be entitled to a refund equal to the amount of ad valorem taxes paid by such company to the taxing district which are attributable to such reduction in value, less the portion of any refunds previously received by such telephone company pursuant to Section 27-38-5, which are attributable to such reduction in value.
(ii) If the taxing district has not paid the full amount of the refund required by this subsection by the time that ad valorem taxes become due and payable by such telephone company to such taxing district for any subsequent year or years, such telephone company shall be entitled to take a credit against the ad valorem tax liability for such subsequent year or years up to the total amount of the refund owed to such telephone company pursuant to this paragraph (a).
(b) (i) The remaining portion of the ad valorem taxes attributable to such reduction shall be paid by the taxing district to the state, and such amount shall be credited to the Telecommunications Ad Valorem Tax Reduction Fund.
(ii) To the extent that the taxing district has not fully paid to the state the amount required by this subsection, any monies due by the state to such local taxing jurisdiction shall be offset until such amount is fully paid.
SECTION 197. Section 9-9-19, Mississippi Code of 1972, is amended as follows:
9-9-19. (1) A term of court shall be held in the county courthouse of the county, beginning on the second Monday of each month and continuing so long as may be necessary; but in counties where there are two (2) circuit court districts the county court shall meet alternately in the two (2) districts in the county courthouse in the same month and in the same district as the board of supervisors of said county holds its meetings. Provided that in the County of Jones, a county having two (2) judicial districts, that a term shall be held in the second judicial district of said county on the second Monday of each month; and provided that in the first judicial district a term shall be held on the fourth Monday of January, the fourth Monday of March, the fourth Monday of April, the fourth Monday of June and the fourth Monday of October. Provided that in the County of Hinds, a county having two (2) judicial districts, a term shall be held in the first judicial district on the second Monday of each month and in the second judicial district on the second Monday of March, June, September and December, and provided further that, when such terms are held concurrently, either of the county judges of Hinds County may be assigned to hold all or any part of such terms in either of the two (2) judicial districts. Provided, further, that in the County of Bolivar, a county having two (2) judicial districts, a term shall be held in the first judicial district on the second Monday of April, August and December, and in the second judicial district on the second Monday of January, February, March, May, June, July, September, October and November. Provided, however, that in the County of Harrison, a county having two (2) county judges and two (2) judicial districts, that a term shall be held in each judicial district concurrently each month. Provided, however, that the judge of the county court for good cause shown may, by order spread on the minutes of the county court, designate some place other than the county courthouse for the holding of such term of the county court as may be designated in said order. The county judge may call a special term of the county court upon giving ten (10) days' notice, and such notice shall be given by posting the same at the front door of the courthouse in said county and by the publication of said notice for one (1) insertion in some newspaper of general circulation in the county.
(2) If a county court is established pursuant to an agreement between two (2) or more counties as provided in Section 9-9-3, the terms thereof shall remain continuously open and shall not be closed and the judge of such court shall sit in rotation in the county seat of each county, beginning on Monday of each week for at least a week in each county in each month.
SECTION 198. Section 75-55-37, Mississippi Code of 1972, is brought forward as follows:
75-55-37. (1) The commissioner or his duly appointed representatives shall have the right to request an inspection of any pump, truck, or other equipment, and if upon such inspection any such pump, truck, or other equipment is found to be inaccurate to the extent that a test thereof shows a deficiency of more than twenty-five (25) cubic inches on a five (5) gallon measurement, or if the right to inspect any such pump, truck, or other equipment is refused or denied the commissioner, or his duly authorized representatives, he or they shall have the right to immediately close and lock said pump and other equipment or to seal same with the commissioner's seal. If such pump, truck, or other equipment is found to be inaccurate but the deficiency is twenty-five (25) cubic inches or less on a five (5) gallon measurement, then the commissioner or his representative shall give the owner or operator thereof forty-eight (48) hours within which to correct such inaccuracy and if such person fails or refuses to correct same within said period then the commissioner or his representative shall have the right to lock and seal such pump or other equipment in the same manner as provided above.
It shall be prima facie presumed upon any refusal to allow the right to inspect that the pump, truck, or other equipment sought to be inspected is inaccurate to the extent set forth above, or is operating in violation of this chapter. When any such pump or other equipment is locked or sealed, it may not be unlocked or the seal thereon broken except in the presence of a mechanic or other person called for the purpose of repairing the inaccuracy in the machinery of such pump or other equipment, and such inaccuracy shall be immediately thereafter repaired, and the pump or other equipment properly regulated. The commissioner may, in his discretion, require an affidavit from the mechanic repairing such pump or other equipment, or any other proof which he may deem advisable to the effect that said pump was unlocked or the seal thereon broken in the presence of such mechanic, and that the inaccuracies therein were thereupon completely repaired or regulated.
When a state or factory seal is broken on the measuring adjustment device on a retail pump, it shall be the duty of the station operator to notify the commissioner by United States mail, within twenty-four (24) hours, after the breaking of said seal. After the commissioner has received written notice as herein provided and he or his agent has resealed the measuring adjustment device on the pump or pumps at this station, it shall be unlawful for the owner or operator of the station or any of his employees to break a state or factory seal on the measuring adjustment device on any pump at the station during the ensuing ninety (90) days without the prior approval of the commissioner or his agent.
The State of Mississippi shall have a lien on all pumps, trucks, and other equipment used by any distributor, or other person, in the operation of his business for any tax or penalty due the State of Mississippi because of any violation of this chapter. Such lien shall be paramount to any and all private liens and all the provisions set out in Chapter 7, Title 85, Mississippi Code of 1972, shall be applicable herein for the purpose of securing the enforcement of said lien, and particularly the right to secure the issuance of a writ of summons and seizure and proceedings had and done after the issuance of said writ shall be applicable. Provided, however, that the commissioner shall not be required to give any bond in any such case.
Any person or officer, agent or employee thereof who shall violate any provision of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding One Hundred Dollars ($100.00) for the first offense and not less than One Hundred Dollars ($100.00) nor more than Two Hundred Dollars ($200.00) for each subsequent offense or imprisonment in the county jail for a period not to exceed ninety (90) days or both.
(2) If a person who, by himself, by his agent, or as the servant or agent of another person commits a violation of this chapter, the commissioner or his designee may impose any, all or a combination of the following penalties:
(a) A stop sale order for any engine fuel, nonengine fuel, automotive lubricant or any other petroleum product not in compliance with this chapter. A remand of the stop sale order may be issued if the engine fuel, nonengine fuel, automotive lubricant or petroleum product is brought into full compliance with this chapter. The stop sale order may be appealed to the commissioner or his designee within twenty (20) days from the receipt of the order.
(b) A warning letter for violations of this chapter.
(c) A civil penalty of not more than Three Thousand Dollars ($3,000.00) per violation. A person may request an administrative hearing within thirty (30) days of receipt of the notice of the penalty. The commissioner or his designee shall conduct a hearing after giving reasonable notice to the person. The decision may be appealed to the Circuit Court of the First Judicial District of Hinds County.
(3) If the person has exhausted his administrative appeals, he shall pay the civil penalty within thirty (30) days after the effective date of the final decision. If the person fails to pay the penalty, the commissioner may bring a civil action in any court of competent jurisdiction to recover the penalty.
(4) The commissioner is authorized to suspend, revoke and/or permanently deny a registration under the Petroleum Products Inspection Law of Mississippi to any person, firm, corporation or other organization determined to be guilty of two (2) or more violations per location, per year, of the Petroleum Products Inspection Law of Mississippi and the rules and regulations in force pursuant thereto.
(5) In lieu of, or in addition to, the penalties provided above, the commissioner and the State Chemist shall have the power to institute and maintain in the name of the state any and all proceedings necessary or appropriate to enforce the provisions of the Petroleum Products Inspection Law of Mississippi and the rules and regulations in force pursuant thereto, in the appropriate circuit, chancery, county or justice court in which venue may lie. The commissioner and the State Chemist may obtain mandatory or prohibitory injunctive relief, whether temporary or permanent, and it shall not be necessary for the state to post a bond or prove that no adequate remedy is available at law.
(6) All penalties assessed by the commissioner under this section shall be deposited in the State General Fund.
(7) This section shall stand repealed on July 1, 2023.
SECTION 199. Section 79-11-509, Mississippi Code of 1972, is amended as follows:
79-11-509. (1) The Secretary of State shall deny, suspend or revoke a registration or an exemption for the following reasons:
(a) The application for registration or renewal is incomplete.
(b) The application or renewal fee (where applicable) has not been paid.
(c) A document filed with the Secretary of State contains one or more false or misleading statements or omits material facts.
(d) The charitable contributions have not been or are not being applied for the purpose or purposes stated in the documents filed with the Secretary of State.
(e) The applicant or registrant has violated or failed to comply with any provisions of this chapter or any rule or order thereunder.
(f) Any applicant, registrant, officer, director, or partner of the applicant or registrant, or any agent or employee thereof who has been convicted of a felony or a misdemeanor involving misrepresentation, misapplication or misuse of the money or property of another maintains a position where he or she has access to or control over the funds of the charitable organization.
(g) The applicant or registrant has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense.
(h) The applicant or registrant has had the authority to engage in charitable or fund-raising activities denied, revoked or suspended by the Secretary of State or any other state or jurisdiction.
(i) The applicant or registrant has been convicted of any criminal offense committed in connection with the performance of activities regulated under Sections 79-11-501 through 79-11-529 or any criminal offense involving untruthfulness or dishonesty or any criminal offense relating adversely to the registrant's or applicant's fitness to perform activities regulated by Sections 79-11-501 through 79-11-529. For the purposes of this paragraph, a plea of guilty, non vult, nolo contendere or any other similar disposition of alleged criminal activity shall be deemed a conviction.
(j) Any applicant, registrant, officer, director, or partner of the applicant or registrant, or any agent, volunteer or employee thereof, who has been convicted under federal or state law of any criminal offense involving acts against children maintains a position where he or she is in close contact with children.
(k) Any officer, director, partner, employee, agent or volunteer has accrued three (3) or more unremediated citations issued by the Secretary of State pursuant to this section.
(l) The applicant or registrant has engaged in other forms of misconduct as may be determined by the rules adopted by the Secretary of State.
(2) The Secretary of State shall notify the applicant or licensee of his intent to deny, suspend or revoke a license. The notification shall contain the reasons for the action and shall inform him of his right to request an administrative hearing within thirty (30) days of receipt of the notification. The denial, suspension or revocation shall become effective thirty (30) days after receipt of the notification unless a request for an administrative hearing is received by the Secretary of State before the expiration of the thirty (30) days. If a hearing is requested and the denial, suspension or revocation is upheld, the denial, suspension or revocation shall become effective upon the service of the final administrative decision on the applicant or licensee.
(3) Registration shall become effective no later than noon of the thirtieth day after a completed application is filed, if no denial order is in effect and no proceeding is pending under this chapter. The Secretary of State may, by rule or order, specify an earlier effective date, and the Secretary of State may, by order, defer the effective date until noon of the thirtieth day after the filing of any amendment.
(4) (a) Whenever it appears to the Secretary of State that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order hereunder, he may, in his discretion, seek one or more of the following remedies in addition to other remedies authorized by law:
( * * *i) Issue a cease and desist order, with
or without a prior hearing against the person or persons engaged in the
prohibited activities, directing them to cease and desist from further illegal
activity;
( * * *ii) Administratively dissolve or seek
the judicial dissolution of a domestic corporation that is a charitable
organization, or revoke the certificate of authority of a foreign corporation
that is a charitable organization; or
( * * *iii) Issue an order imposing an administrative
penalty up to a maximum of Twenty-five Thousand Dollars ($25,000.00) for each
offense, each violation to be considered as a separate offense in a single proceeding
or a series of related proceedings;
( * * *b) For the purpose of determining the
amount or extent of a sanction, if any, to be imposed under paragraph ( * * *a) (ii) or (iii) * * * of this subsection, the Secretary of State
shall consider, among other factors, the frequency, persistence and willfulness
of the conduct constituting a violation of this chapter or a rule promulgated
thereunder or an order of the Secretary of State, the number of persons adversely
affected by the conduct, and the resources of the person committing the
violation.
(5) In addition to the above remedies, the Secretary of State may issue a citation to any person engaging in any act or practice constituting a violation of any provision of this chapter or any rule or order hereunder. The Secretary of State shall establish rules providing remediation of certain citations, and the decision whether to allow such remediation will be within the Secretary of State's discretion.
(6) Whenever it appears to the Secretary of State or Attorney General that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of Sections 79-11-501 through 79-11-529 or any rule or order thereunder, either official may, in his discretion, take any or all of the following actions: bring an action in chancery court to obtain a temporary restraining order or injunction to enjoin the acts or practices and enforce compliance with Sections 79-11-501 through 79-11-529 or any rule or order thereunder; collect administrative penalties imposed under this section; or obtain on behalf of a charitable organization the return or repayment of any property or consideration received as private inurement or an excess benefit in violation of Section 79-11-519(3)(j). Upon a proper showing a permanent or temporary injunction, restraining order or writ of mandamus shall be granted and a receiver or conservator may be appointed for the defendant or the defendant's assets. In addition, upon a proper showing, the court may enter an order of rescission, restitution or disgorgement directed to any person who has engaged in any act constituting a violation of any provision of Sections 79-11-501 through 79-11-529 or any rule or order thereunder. In addition the court may impose a civil penalty up to a maximum of Twenty-five Thousand Dollars ($25,000.00) for each offense, and each violation shall be considered as a separate offense in a single proceeding or a series of related proceedings. The court may not require the Secretary of State or Attorney General to post a bond.
(7) Any person aggrieved by
a final order of the Secretary of State may obtain a review of the order in the * * * inferior courts of the Capitol Complex Improvement
District by filing in the court, within thirty (30) days after the entry of
the order, a written petition praying that the order be modified or set aside,
in whole or in part. A copy of the petition shall be forthwith served upon the
Secretary of State and thereupon the Secretary of State shall certify and file
in court a copy of the filing and evidence upon which the order was entered.
When these have been filed, the court has exclusive jurisdiction to affirm,
modify, enforce or set aside the order, in whole or in part.
SECTION 200. Section 43-11-23, Mississippi Code of 1972, is amended as follows:
43-11-23. Any applicant or
licensee aggrieved by the decision of the licensing agency after a hearing, may
within thirty (30) days after the mailing or serving of notice of the decision as
provided in Section 43-11-11, file a notice of appeal in the * * * inferior courts of the Capitol Complex Improvement District
or the chancery court of the county in which the institution is located or to
be located, and the chancery clerk thereof shall serve a copy of the notice of
appeal upon the licensing agency. Thereupon the licensing agency shall, within
sixty (60) days or such additional time as the court may allow from the service
of such notice, certify and file with the court a copy of the record and
decision, including the transcript of the hearings on which the decision is based.
Findings of fact by the licensing agency shall be conclusive unless substantially
contrary to the weight of the evidence but upon good cause shown, the court may
remand the case to the licensing agency to take further evidence, and the
licensing agency may thereupon affirm, reverse or modify its decision. The court
may affirm, modify or reverse the decision of the licensing agency and either
the applicant or licensee or the licensing agency may appeal from this decision
to the Supreme Court as in other cases in the chancery court. Pending final disposition
of the matter the status quo of the applicant or licensee shall be preserved,
except as the court otherwise orders in the public interest. Rules with respect
to court costs as in other cases in chancery shall apply equally to cases hereunder.
SECTION 201. Section 37-9-75, Mississippi Code of 1972, is amended as follows:
37-9-75. (1) For purposes of this section:
(a) "Strike" means a concerted failure to report for duty, a willful absence from one's position, the stoppage of work, a deliberate slowing down of work, or the withholding, in whole or in part, of the full, faithful and proper performance of the duties of employment, for the purpose of inducing, influencing or coercing a change in the conditions, compensation, rights, privileges or obligations of public employment; provided, however, that nothing herein shall limit or impair the right of any certified teacher to express or communicate a complaint or opinion on any matter related to the conditions of public employment so long as the same is not designed and does not interfere with the full, faithful and proper performance of the duties of employment.
(b) "Certified teacher" shall mean the following employees of public school districts: classroom teachers, supervisors of programs, librarians, guidance personnel, audiovisual personnel and vocational directors.
(2) It is hereby declared that a strike, concerted work stoppage or concerted refusal to perform lawful duties in any manner by certified teachers against public school districts within the State of Mississippi shall be illegal, unprotected and contrary to the public policy of the State of Mississippi.
(3) No certified teacher, group of certified teachers or teacher organization shall promote, encourage or participate in any strike against a public school district, the State of Mississippi or any agency thereof.
(4) No person exercising any authority, supervision or direction over any certified teacher shall have the power to authorize, approve or consent to a strike by one or more certified teachers, and such person shall not authorize, approve or consent to such strike. No local school governing board or any person exercising authority, supervision or direction over any public school shall attempt to close or curtail the operations of the public school, or to change or alter in any manner the schedule of operations of said school in order to circumvent the full force and effect of this statute. In the event of a strike against the public school, the local school governing board shall continue school operations as long as practicable in order to ascertain which teachers are on strike, and certify the names of such teachers to the Attorney General. Any member of a local school governing board or public school administrator who violates this subsection shall be guilty of a misdemeanor and upon conviction shall be fined not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00) for each day such violation continues.
(5) Chancery courts having jurisdiction of the parties are vested with the authority to hear and determine all actions alleging violations of subsection (3) of this section. Suits to enjoin violations of subsection (3) of this section shall have priority over all matters on the court's docket except other emergency matters.
(6) If a certified teacher,
a group of certified teachers, a teacher organization, or any officer, agent or
representative of any teacher organization engages in a strike in violation of
subsection (3) of this section, any public school district whose employees are
involved or whose employees may be affected by the strike shall file suit to enjoin
the strike in the * * *
inferior courts of the Capitol Complex Improvement District or in the chancery
court having proper jurisdiction and proper venue of such actions. The chancery
court shall conduct a hearing with notice to all interested parties, at the
earliest practicable time. If the complainant makes a prima facie showing that
a violation of subsection (3) of this section is in progress or that there is a
clear, real and present danger that such a strike is about to commence, the chancery
court shall issue a temporary restraining order enjoining the strike. Upon
final hearing, the chancery court shall either make the injunction permanent or
dissolve it.
(7) If an injunction to enjoin a strike issued pursuant to this section is not promptly complied with, on the application of the complainant, the chancery court shall immediately initiate contempt proceedings against those who appear to be in violation. A teacher organization found to be in contempt of court for violating an injunction against a strike shall be fined up to Twenty Thousand Dollars ($20,000.00) for each such calendar day. The fines so collected shall immediately accrue to the school district and shall be used by it to replace those services denied the public as a result of the strike. Each officer, agent or representative of a teacher organization found to be in contempt of court for violating an injunction against a teacher organization shall be liable for any damages which might be suffered by a public employer as a result of a violation of the provisions of subsection (3) of this section by the teacher organization or its representatives, officers and agents. The chancery court having jurisdiction over such actions is empowered to enforce judgment against teacher organizations by the attachment or garnishment of organization initiation fees or dues.
(8) If the court, after a hearing on notice, determines that a certified teacher has violated subsection (3) of this section, it shall order the termination of his or her employment by the public school district. No person knowingly violating the provision of said subsection may, subsequent to such violation, be employed or reemployed as a teacher by any public school district in the state unless the court first finds a public necessity therefor.
The provisions of this subsection (8) shall be cumulative and supplemental to any other applicable provision of law.
SECTION 202. Section 75-15-27, Mississippi Code of 1972, is amended as follows:
75-15-27. Except where a
license is automatically revoked without any act of the commissioner as
specially provided in this chapter, no license shall be denied or revoked
except on ten (10) days' notice (the first day of the ten-day period to be the
date stated on the notice, which shall be the day it is mailed) to the applicant
or licensee by the commissioner, sent by letter by United States registered
mail, return receipt requested, to the applicant's or licensee's business address
set forth in the application. Upon receipt of the notice, as stated in the registered
mail receipt, the applicant or licensee may, within five (5) days thereafter
(which five-day period may be wholly or partially outside of the ten-day
period) make written demand for a hearing by the commissioner, which demand, in
the case of a revocation notice, must be accompanied by an additional surety bond
or securities deposit, as hereafter provided, the principal sum or the market
value thereof to be specified by the commissioner in the revocation notice. The
revocation notice shall not become final during the period of time in which the
licensee may demand such hearing nor if licensee demands a hearing, until the
matter has been finally determined by the commissioner or by the courts, provided
as to any revocation order, but not a denial order, that the licensee posts together
with his written demand for hearing an additional corporate surety bond,
written by the same surety that wrote the bond under subsection (b) of Section
75-15-11, or an additional securities deposit in addition to the securities
deposit theretofore made by the licensee under subsection (c) of Section 75-15-11
which additional surety bond or securities deposit shall be in a principal
amount or of a market value deemed adequate by the commissioner as specified in
the revocation order but not exceeding Two Hundred Fifty Thousand Dollars ($250,000.00),
provided that if the licensee originally deposited with his application under
Section 75-15-11 a corporate surety bond, the additional deposit provided in this
section must be another corporate surety bond or an increase of the first one and
may not be a deposit of securities, or if the licensee originally deposited
securities, the additional deposit shall also be of securities and not a corporate
surety bond. The bond or securities deposit shall secure the same obligations
as does the corporate surety bond or securities deposit required by Section 75-15-11,
but shall be in addition to the bond or securities deposit required thereby.
Upon receipt of the written demand, the commissioner shall thereafter, with
reasonable promptness, hear and determine the matter as provided by law. If
the applicant or licensee deems himself aggrieved by the determination or order
of the commissioner, he may within fifteen (15) days after the determination or
order, have the determination or order reviewed by an appeal to the * * * inferior courts of the Capitol Complex Improvement
District by filing a petition setting out the specific order or action or part
thereof by which the person deems himself aggrieved. All those petitions shall
be given preferred settings and shall be heard by the court as speedily as possible.
Such an appeal shall be perfected upon the posting of a bond for the costs of
the appeal accompanied by the petition. Any party to the appeal may appeal to
the Supreme Court of Mississippi from the decree or order of the chancery
court, within thirty (30) days from the rendition of the decree or order, in
the manner provided by law for appeals to the Supreme Court of Mississippi from
chancery courts.
Final denial or revocation of the license, whether automatic or by final determination of the commissioner or the courts, shall cancel as of the date of final revocation all bonds or securities deposits theretofore deposited by the applicant or licensee under any provision of this chapter, provided that the licensee (and his corporate surety, if any) shall not be relieved of any accrued liabilities, and provided further, where the licensee deposited securities, that there shall not be returned to the licensee any of the deposited securities until the commissioner determines that all accrued liabilities (including, but not limited to, the principal sums thereof, accrued interest thereon, and court costs, if any, assessed to the licensee) of the licensee under this chapter have been satisfied in full.
The commissioner may at any time revoke a license, on any ground on which he might refuse to grant a license, for failure to pay an annual fee or for violation of any provision of this chapter, subject to the provisions of this chapter.
A license shall be automatically and finally revoked without any act or further act of the commissioner and without any right of the licensee to any hearing or further hearing by the commissioner or the courts and without any right of the licensee or the commissioner to reinstate or have reinstated the license, in the following instances: (a) at expiration of the sixty-day notice period, if the corporate surety gives notice of cancellation of its bond or any of them; (b) upon failure by licensee to pay when due the annual license fee required by Section 75-15-15; (c) upon failure by licensee to file when due any information required by Section 75-15-19; (d) in case of a revocation notice under the first paragraph of this section, failure by the licensee to demand hearing as provided therein or failure to deposit any additional corporate surety bond or securities deposit as required by the commissioner; (e) upon a license revocation order becoming final at any stage; (f) failure by licensee to deposit when due any additional corporate surety bond or securities deposit required by the commissioner under Section 75-15-29; or (g) upon final conviction of licensee as to any offense covered by Section 75-15-31.
If a revocation order becomes final for any reason or in any manner, the license may not be reinstated, except upon new application as if the licensee had never been licensed before. The commissioner may deny the new application on grounds that a previous application was denied or a previous license to applicant was revoked or any ground or grounds on which he may deny an original application.
SECTION 203. Section 73-23-63, Mississippi Code of 1972, is amended as follows:
73-23-63. (1) Any person whose application for a license is denied shall be entitled to a hearing before the board if he submits a written request to the board. Such hearing shall be conducted at the earliest possible date. The board shall fix a time and place for the hearing and shall cause a written copy of the reason for denial of the license, together with a notice of the time and place fixed for the hearing to be served on the applicant requesting the hearing. For purposes of the hearing, the board shall have the power to subpoena persons and compel the production of records, papers and other documents.
(2) (a) All complaints concerning a licensee's business or professional practice shall be received by the board. Each complaint received shall be logged, recording at a minimum the following information: (i) licensee's name; (ii) name of the complaining party, if known; (iii) date of complaint; (iv) brief statement of complaint; and (v) disposition.
(b) Following the investigative process, the board may file formal charges against the licensee. Such formal complaint shall, at a minimum, inform the licensee of the facts which are the basis of the charge and which are specific enough to enable the licensee to defend against the charges.
(c) Each licensee whose conduct is the subject of a formal charge which seeks to impose disciplinary action against the licensee shall be served notice of the formal charge at least thirty (30) days before the date of the hearing, which hearing shall be presided over by the board or the board's designee. Service shall be considered to have been given if the notice was personally served on the licensee or applicant or if the notice was sent by certified, United States mail to the licensee's or applicant's last known address as listed on record with the board.
(d) The notice of the formal charge shall consist at a minimum of the following information:
(i) The time, place and date of the hearing;
(ii) That the licensee shall appear personally at the hearing and may be represented by counsel;
(iii) That the licensee shall have the right to produce witnesses and evidence in the licensee's behalf and shall have the right to cross-examine adverse witnesses and evidence;
(iv) That the hearing could result in disciplinary action being taken against the licensee's license;
(v) That rules for the conduct of these hearings exist and it may be in the licensee's best interest to obtain a copy;
(vi) That the board or its designee shall preside at the hearing and following the conclusion of the hearing shall make findings of facts, conclusions of law and recommendations, separately stated, to the board as to what disciplinary action, if any, should be imposed on the licensee;
(vii) The board or its designee shall hear evidence produced in support of the formal charges and contrary evidence produced by the licensee. At the conclusion of the hearing, the board shall issue an order; and
(viii) All proceedings pursuant to this section are matters of public record and shall be preserved pursuant to state law.
(3) In addition to other
remedies provided by law or in equity, any applicant or licensee aggrieved by
any action of the board may appeal the action of the board to the chancery court
of the county of his residence, if he be a resident of this state, or the * * * inferior courts of the Capitol Complex Improvement
District if he be a nonresident of this state, and the court after a
hearing may modify, affirm or reverse the judgment of the board or may remand
the case to the board for further proceedings. An appeal shall be filed within
thirty (30) days immediately following the mailing or delivery to the applicant
or licensee of a copy of the order of judgment of the board, unless the court,
for good cause shown, extends the time. Appeals may be had to the Supreme Court
of the State of Mississippi as provided by law from any final judgment of the
chancery court. If the board appeals from any judgment of the chancery court,
no bond shall be required of it in order to perfect its appeal. Any appeal of
a license suspension that is required by Section 93-11-157 or 93-11-163 shall
be taken in accordance with the appeal procedure specified in Section 93-11-157
or 93-11-163, as the case may be, rather than the procedure specified in this section.
SECTION 204. Section 53-9-55, Mississippi Code of 1972, is amended as follows:
53-9-55. (1) (a) When the commission or an authorized representative of the department has reason to believe that a violation of this chapter or any regulation or order of the commission or permit board or any condition of a permit has occurred, the commission may cause a written complaint to be served upon the alleged violator. The complaint shall specify the section, regulation, order or permit alleged to be violated and the facts alleged to constitute the violation and shall require the alleged violator to appear before the commission at a time and place specified in the order to answer the complaint. The time of appearance before the commission shall be not less than twenty (20) days from the date of the mailing or service of the complaint, whichever is earlier.
(b) The commission shall afford an opportunity for a formal hearing to the alleged violator at the time and place specified in the complaint or at another time or place agreed to in writing by both the department and the alleged violator, and approved by the commission. On the basis of the evidence produced at the formal hearing, the commission shall enter an order which in its opinion will best further the purposes of this chapter and shall give written notice of that order to the alleged violator and to any other persons who participated as parties at the formal hearing or who made written request for notice of the order. The commission may assess penalties as provided in this section.
(c) Except as otherwise expressly provided, any notice or other instrument issued by or under authority of the commission may be served on any affected person personally or by publication, and proof of that service may be made in the same manner as in case of service of a summons in a civil action. The proof of service shall be filed in the office of the commission. Service may also be made by mailing a copy of the notice, order, or other instrument by certified mail, directed to the person affected at the person's last known post-office address as shown by the files or records of the commission. Proof of service may be made by the affidavit of the person who did the mailing and shall be filed in the office of the commission.
(2) When the commission determines that any person has violated this chapter or any regulation promulgated under this chapter, order of the commission issued under this chapter or condition or limitation of a permit issued under this chapter, the commission, after notice and opportunity for a formal hearing as provided in this section, unless expressly waived by the violator, may assess that person a civil penalty not to exceed Twenty-Five Thousand Dollars ($25,000.00) per violation. Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments. If a cessation order is issued under Section 53-9-69, the commission shall assess a civil penalty under this section. In determining the amount of the penalty, the commission shall consider the permittee's history of previous violations at the particular surface coal mining operation; the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public; whether the permittee was negligent; demonstrated good faith of the permittee charged in attempting to achieve rapid compliance after notification of the violation; and other factors set forth in Section 49-17-43.
(3) Upon the issuance of an order finding that a violation of this chapter has occurred, the person found to be in violation shall have thirty (30) days to pay the proposed penalty in full or, if the person wishes to appeal either the amount of the penalty or the fact of the violation or both forward the proposed amount as a penalty payment bond to the executive director for placement in an escrow account. The executive director shall forward any money submitted for placement in an escrow account in accordance with regulations promulgated by the commission. If, through administrative or judicial review of the violation or proposed penalty, the commission or a court of appropriate jurisdiction determines that no violation occurred or that the amount of the penalty should be reduced, the executive director shall within thirty (30) days remit the appropriate amount to the person with any interest earned on the money while in escrow. Failure to forward the proposed penalty amount to the executive director within thirty (30) days shall result in a waiver of all legal rights to contest the violation or the amount of the penalty. When all opportunities for administrative and judicial review have been exhausted, a failure to pay the civil penalty shall result in forfeiture of the bond or deposit in an amount not to exceed the amount of the penalty imposed. The commission may promulgate regulations regarding a waiver from the requirement to post a penalty payment bond upon a showing by the operator of an inability to post the bond.
(4) When a permittee violates this chapter or any regulation or written order of the commission promulgated or issued under this chapter or any condition of a permit issued any director, officer, general partner, joint venturer in or authorized agent of the permittee who willfully and knowingly authorized, ordered or carried out that violation shall be subject to separate civil penalties in the same amount as penalties that may be imposed upon a person under subsection (2) of this section.
(5) Civil penalties assessed
by the commission and owed under this section may be recovered in a civil action
brought by the department in the * * * inferior courts of the Capitol Complex
Improvement District or in the chancery or circuit court of any county in which
the surface coal mining and reclamation operation exists or in which the
defendant may be found.
(6) Any provisions of this section and chapter regarding liability for the costs of clean-up, removal, remediation or abatement of any pollution, hazardous waste or solid waste shall be limited as provided in Section 49-17-42 and rules promulgated under that section.
SECTION 205. Section 69-7-616, Mississippi Code of 1972, is amended as follows:
69-7-616. (1) When a complaint is made against a person for violation of any of the provisions of this article, or any of the rules or regulations promulgated hereunder, the Director of the Regulatory Division of the Mississippi Department of Agriculture and Commerce, or his designee, shall act as reviewing
officer. The complaint shall be filed with the Mississippi Department of Agriculture and Commerce. The reviewing officer shall cause to be delivered to the accused, in the manner described herein, a copy of the complaint and any supporting documents along with a summons requiring the accused to respond to the allegations within thirty (30) days after service of the summons and complaint upon the accused. The accused shall file with the department a written response to the complaint and any supporting documents within the thirty-day period. The accused may be notified by serving a copy of the summons and complaint on the accused or any of his officers, agents or employees by personal service or by certified mail. Upon the expiration of the thirty-day period, the reviewing officer shall review the complaint, the written response of the accused, if any, and all supporting documents offered by the parties in support of their respective positions. The reviewing officer's decision shall be based solely on the documents provided by the parties. If the reviewing officer determines that the complaint lacks merit, he may dismiss the complaint. If he finds that there are reasonable grounds showing that a violation of the statutes or regulations has been committed, he may impose any or all of the following penalties upon the accused: (a) levy a civil penalty in the amount of no more than One Thousand Dollars ($1,000.00) for each violation; (b) issue a stop-sale order; (c) require the accused to relabel any fish that he is offering for sale and which is not labeled in accordance with the provisions of this article; or (d) seize any fish that is not in compliance with this article, and destroy, sell or otherwise dispose of the fish, and apply the proceeds of any such sale to the costs herein and any civil penalties levied, with the balance to be paid to the accused. The reviewing officer's decision shall be in writing, and it shall be delivered to the accused by any of the methods described herein for service of the summons and complaint on the accused.
(2) Either the accused or the department may appeal the decision of the reviewing officer to the Commissioner of Agriculture and Commerce by filing a notice of appeal with the department within thirty (30) days of receipt of the reviewing officer's decision. If no appeal is taken from the order of the reviewing officer within the allotted time, the order shall then become final. In the event of an appeal, the commissioner, or his designee, shall conduct a full evidentiary hearing relative to the charges. The commissioner may issue subpoenas to require the attendance of witnesses and the production of documents. Compliance with such subpoenas may be enforced by any court of general jurisdiction in this state. The testimony of witnesses shall be upon oath or affirmation, and they shall be subject to cross-examination. The proceedings shall be recorded by a court reporter. The commissioner shall have all the powers of the reviewing officer described herein, and the commissioner may affirm, reverse or modify the order of the reviewing officer. The commissioner's decision shall be in writing, and it shall be delivered to the parties in the same manner that the summons and complaint may be served upon the accused.
(3) Either the accused or
the department may appeal the decision of the commissioner to the circuit court
of the county of residence of the accused, or if the accused is a nonresident
of the State of Mississippi, to the * * * inferior courts of the Capitol Complex Improvement
District. The appellant has the obligation of having the record
transcribed and filed with the circuit court. The appeal shall otherwise be
governed by all applicable laws and rules affecting appeals to the circuit court.
If no appeal is perfected within the required time, the decision of the
commissioner, or his designee, shall then become final.
(4) The decision of the circuit court may then be appealed by either party to the Mississippi Supreme Court in accordance with the existing laws and rules affecting such appeals.
(5) Where any violation of this article, or the rules and regulations promulgated hereunder, occurs, or is about to occur, that presents a clear and present danger to the public health, safety or welfare requiring immediate action, any of the department's field inspectors and any other persons authorized by the commissioner, may issue an order to be effective immediately, before notice and a hearing, that imposes any or all of the penalties described herein against the accused. The order shall be served upon the accused in the same manner that the summons and complaint may be served upon him. The accused shall then have thirty (30) days after service of the order upon him within which to request an informal administrative review before the reviewing officer, or his designee, as described herein. The accused shall include within his request all documents that support his position. The department may also submit any documents that support its position. If the accused makes such a request within such time, the reviewing officer, or his designee, shall review the documents provided by the parties and render a written decision within thirty (30) days after such request is made. Upon the making of such a request, the procedure described herein shall be followed, except that there is no need for a complaint to be filed against the accused. If the accused does not request an administrative review within such time frame, then he shall have waived his right to an administrative review.
SECTION 206. Section 43-33-729, Mississippi Code of 1972, is amended as follows:
43-33-729. (1) The corporation may from time to time issue its negotiable bonds and notes in such principal amounts as, in the opinion of the corporation, shall be necessary to provide sufficient funds for achieving the corporate purposes thereof, including operating expenses and reserves, the payment of interest on bonds and notes of the corporation, establishment of reserves to secure such bonds and notes, and all other expenditures of the corporation incident to and necessary or convenient to carry out its corporate purposes and powers. Provided, except as otherwise authorized herein, bonds and notes may be issued annually under this article in an aggregate principal amount not to exceed Three Hundred Fifty Million Dollars ($350,000,000.00), excluding bonds and notes issued to refund outstanding bonds and notes, bonds and notes in which the corporation acts as a conduit issuer and bonds and notes issued for purposes related to Hurricane Katrina. Such annual period shall be the same as the fiscal year of the state, commencing with the annual period of July 1, 2009, to June 30, 2010.
(2) The provisions of Sections 75-71-1 through 75-71-57, Mississippi Code of 1972 (the "Mississippi Securities Act"), shall not apply to bonds and notes issued under the authority of this article, and no application for a formal exemption from the provisions of such act shall be required with respect to such bonds and notes.
(3) Except as may otherwise be expressly provided by the corporation, all bonds and notes issued by the corporation shall be general obligations of the corporation, secured by the full faith and credit of the corporation and payable out of any monies, assets or revenues of the corporation, subject only to any agreement with the bondholders or noteholders pledging any particular monies, assets or revenues.
The corporation may issue bonds or notes to which the principal and interest are payable:
(a) Exclusively from the revenues of the corporation resulting from the use of the proceeds of such bonds or notes; or
(b) Exclusively from any particular revenues of the corporation, whether or not resulting from the use of the proceeds of such bonds or notes.
(4) Any bonds or notes issued by the corporation may be additionally secured:
(a) By private insurance, by a direct pay or standby letter of credit, or by any other credit enhancement facility procured by the corporation for the payment of any such bonds;
(b) By a pledge of any grant, subsidy or contribution from the United States or any agency or instrumentality thereof, or from the state or any agency, instrumentality or political subdivision thereof, or from any person, firm or corporation; or
(c) By the pledge of any securities, funds or reserves (or earnings thereon) available to the corporation.
(5) Bonds and notes issued by the corporation shall be authorized by a resolution or resolutions of the corporation adopted as provided for by this article; provided, that any such resolution authorizing the issuance of bonds or notes may delegate to an officer or officers of the corporation the power to issue such bonds or notes from time to time and to fix the details of any such issues of bonds or notes by an appropriate certification of such authorized officer.
(6) Except as specifically provided
in this article, no notice, consent or approval by any governmental body or public
officer shall be required as a prerequisite to the issuance, sale or delivery of
any bonds or notes of the corporation pursuant to the provisions of this article.
However, all bonds or notes issued pursuant to this article may be validated, except
as otherwise provided in this section, in accordance with the provisions of Sections
31-13-1 through 31-13-11, Mississippi Code of 1972, in the same manner as provided
therein for bonds issued by a municipality. Any such validation proceedings shall
be held in the * * * inferior courts of the Capitol
Complex Improvement District. Notice thereof shall be given by publication
in any newspaper published in the City of Jackson, Mississippi, and of general circulation
throughout the state.
(7) It is hereby determined that the corporation is the sole entity in the state authorized to issue bonds or notes for the purposes of financing low and moderate income rental or residential housing as set forth in this article. In addition, the corporation shall have the power to issue mortgage credit certificates, as provided by Section 25 of the Internal Revenue Code of 1954, as amended, and to comply with all of the terms and conditions set forth in Section 25, as the same may be amended from time to time.
SECTION 207. Section 77-3-22, Mississippi Code of 1972, is amended as follows:
77-3-22. If the commission
determines that any privately owned water and/or sewer system within its jurisdiction
is unable or unwilling to adequately serve its customers or has been actually
or effectively abandoned by its owner, or that its management is grossly
inefficient, irresponsible or unresponsive to the needs of its customers, the
commission or its designated representative may petition the * * * inferior courts of the Capitol Complex Improvement District
or the chancery court of any county wherein the public utility does business
for an order attaching the assets of the privately owned water and/or sewer
system and placing such water and/or sewer system under the sole control and responsibility
of a receiver. If the court determines that the petition is proper in all
respects and finds, after a hearing thereon, the allegations contained in the petition
are true, it shall order that the water and/or sewer system be placed in receivership.
The court, in its discretion and in consideration of the recommendation of the
commission or its designated representative, may appoint a receiver who shall
be a responsible individual, partnership, corporation or political subdivision
knowledgeable in water or sewer service affairs and who shall maintain control
and responsibility for the operation and management of the affairs of such
water and/or sewer system. The receiver shall operate the water and/or sewer
system so as to preserve the assets of the water and/or sewer system and to
serve the best interests of its customers. The receiver shall be compensated
from the assets of the water and/or sewer system in an amount to be determined
by the court.
Control of and responsibility for the water and/or sewer system shall remain in the receiver until the court determines that it is in the best interests of the customers that the water and/or sewer system be returned to the owner, transferred to another owner or assumed by another water and/or sewer system or public service corporation. If the court, after hearing, determines that control of and responsibility for the affairs of the water and/or sewer system should not be returned to the legal owner thereof, the receiver may proceed to liquidate the assets of such water and/or sewer system in the manner provided by law.
Mississippi laws and Mississippi Rules of Civil Procedure generally applicable to receivership shall govern receiverships created under this section.
This section is in addition to the provisions of Section 77-3-21.
SECTION 208. Section 75-29-604, Mississippi Code of 1972, is amended as follows:
75-29-604. (1) When a written complaint is made against a person for violation of this article, or any of the rules or regulations, the commissioner, or his designee, shall conduct a full evidentiary hearing. The complaint shall be in writing and shall be filed in the office of the department. The commissioner shall serve the accused with a copy of the complaint and a summons by any of the methods set forth in Rule 4 of the Mississippi Rules of Civil Procedure or by certified mail. Within thirty (30) days after receipt of the summons and a copy of the complaint, the accused shall file a written answer with the department. Upon receipt of the written answer of the accused, the matter shall be set for hearing before the commissioner within a reasonable time. If the accused fails to file an answer within the thirty (30) days, the commissioner may enter an order by default against the accused. The commissioner may issue subpoenas to require the attendance of witnesses and the production of documents. Compliance with the subpoenas may be enforced by any court of general jurisdiction in this state. The testimony of witnesses shall be upon oath or affirmation, and they shall be subject to cross-examination. The proceedings shall be recorded. If the commissioner determines that the complaint lacks merit, he may dismiss same. If he finds that there is substantial evidence showing that a violation has occurred, he may impose any or all of the following penalties upon the accused: (a) levy a civil penalty in the amount of no more than Five Thousand Dollars ($5,000.00) for each violation; (b) issue a stop sale order; (c) require the accused to relabel the honey or honey products that he is offering or exposing for sale which is not labeled in accordance with this article; or (d) seize any lot of honey or honey products that is not in compliance with this article and destroy, sell or otherwise dispose of the honey and honey products and apply the proceeds of the sale to the costs and civil penalties levied with the balance to be paid to the accused. The decision of the commissioner, or his designee, shall be in writing, and it shall be delivered to the accused by certified mail.
(2) Either the accused or
the department may appeal the decision of the commissioner to the circuit court
of the county of residence of the accused or, if the accused is a nonresident of
the State of Mississippi, to the * * * inferior courts of the Capitol Complex Improvement District.
The appellant shall have the record transcribed and file it with the circuit
court. The appeal shall otherwise be governed by all applicable laws and rules
affecting appeals to circuit court. If no appeal is perfected within the
required time, the decision of the commissioner shall then become final.
(3) The decision of the circuit court may then be appealed by either party to the Mississippi Supreme Court in accordance with the existing law and rules affecting such appeals.
(4) When any violation of this article, or the rules and regulations occurs, or is about to occur, that presents a clear and present danger to the public health, safety or welfare requiring immediate action, any of the department's field inspectors, and any other persons authorized by the commissioner, may issue an order to be effective immediately before notice and a hearing that imposes any or all of the following penalties against the accused: (a) issue a stop sale order; (b) require the accused to relabel any honey or honey products that he is offering or exposing for sale and which is not labeled in accordance with this article; or (c) seize any lot of honey or honey products that is not in compliance with this article and destroy, sell or otherwise dispose of the honey or honey products and apply the proceeds of the sale to the cost and any civil penalties levied with the balance to be paid to the accused. The order shall be served upon the accused in the same manner that the summons and complaint may be served upon him. The accused shall then have thirty (30) days after service of the order upon him within which to request an informal administrative review before the Director of the Bureau of Regulatory Services in the department, or his designee, who shall act as reviewing officer. If the accused makes a timely request, the reviewing officer shall conduct an informal administrative review within ten (10) days after the request is made. If the accused does not request an informal administrative review within the thirty (30) days, then he will be deemed to have waived his right to the review. At the informal administrative review, subpoena power shall not be available, witnesses shall not be sworn nor be subject to cross-examination and there shall be no court reporter or record made of the proceedings. Each party may present its case in the form of documents, oral statements or any other method. The rules of evidence shall not apply. The reviewing officer's decision shall be in writing, and it shall be delivered to the parties by certified mail. If either party is aggrieved by the order of the reviewing officer, he may appeal to the commissioner for a full evidentiary hearing in accordance with the procedures in subsection (1) of this section, except that there shall be no requirement for a written complaint or answer to be filed by the parties. The appeal shall be perfected by filing a notice of appeal with the commissioner within thirty (30) days after the order of the reviewing officer is served on the appealing party. The hearing before the commissioner, or his designee, shall be held within a reasonable time after the appeal has been perfected. Failure to perfect an appeal within the allotted time shall be deemed a waiver of such right.
(5) The Commissioner may publish the names and addresses of anyone who violates this article.
SECTION 209. Section 79-4-14.31, Mississippi Code of 1972, is brought forward as follows:
79-4-14.31. (a) Venue for a proceeding brought by any party named in Section 79-4-14.30 lies in the county where a corporation's principal office (or, if none in this state, its registered office) is or was last located.
(b) It is not necessary to make shareholders parties to a proceeding to dissolve a corporation unless relief is sought against them individually.
(c) A court in a proceeding brought to dissolve a corporation may issue injunctions, appoint a receiver or custodian pendente lite with all powers and duties the court directs, take other action required to preserve the corporate assets wherever located, and carry on the business of the corporation until a full hearing can be held.
(d) Within ten (10) days of the commencement of a proceeding under Section 79-4-14.30(2) to dissolve a corporation that is not a public corporation, the corporation shall send to all shareholders, other than the petitioner, a notice stating that the shareholders are entitled to avoid the dissolution of the corporation by electing to purchase the petitioner's shares under Section 79-4-14.34 and accompanied by a copy of Section 79-4-14.34.
SECTION 210. Section 77-1-53, Mississippi Code of 1972, is amended as follows:
77-1-53. (1) Whenever the commission, an employee of the commission or any employee of the public utilities staff has reason to believe that a willful and knowing violation of any statute administered by the commission or any regulation or any order of the commission has occurred, the commission may cause a written complaint to be served upon the alleged violator or violators. The complaint shall specify the provisions of such statute, regulation or order alleged to be violated and the facts alleged to constitute a violation thereof and shall require that the alleged violator appear before the commission at a time and place specified in the notice and answer the charges complained of. The time of appearance before the commission shall not be less than twenty (20) days from the date of the service of the complaint, unless the commission finds that the public convenience or necessity requires that such hearing be held at an earlier date.
(2) The commission shall afford an opportunity for a fair hearing to the alleged violator or violators at the time and place specified in the complaint. On the basis of the evidence produced at the hearing, the commission shall make findings of fact and conclusions of law and enter its order, which in its opinion will be in the best interests of the consuming public. Failure to appear at any such hearing, without prior authorization to do so from the commission, may result in the commission finding the alleged violator guilty of the charges complained of by default, and at such time an order may be entered, including the assessment of a penalty. The commission shall give written notice of such order to the alleged violator and to such other persons as shall have appeared at the hearing or made written request for notice of the order. The commission may assess such penalties as provided in subsection (3) of this section.
(3) Any person found by the
commission, pursuant to a hearing or by default as provided in this section,
violating any statute administered by the commission, or any regulation or
order of the commission in pursuance thereof, shall be subject to a civil penalty
of not more than Five Thousand Dollars ($5,000.00) for each violation, to be
assessed and collected by the commission. Each day that a violation continues
shall constitute a separate violation. In lieu of, or in addition to, the monetary
penalty, the commission, for any violation by a certificate holder, may impose
a penalty in accordance with Section 77-3-21, Mississippi Code of 1972, if it
finds that the violator is not rendering reasonably adequate service. Appeals
from the imposition of the civil penalty may be taken to the * * * inferior courts of the Capitol Complex Improvement District
in the same manner as appeals from orders of the commission constituting
judicial findings.
(4) All penalties collected by the commission under this section shall be deposited in the Public Service Commission Regulation Fund.
(5) No portion of any penalty or costs associated with an administrative or court proceeding which results in the assessment of a penalty against a public utility for violation of any statute administered by the commission, or any regulation or order of the commission shall be considered by the commission in fixing any rates or charges of such public utility.
(6) This section shall be in addition to any other law which provides for the imposition of penalties for the violation of any statute administered by the commission or any regulation or order of the commission.
(7) From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law.
(8) From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
SECTION 211. Section 53-1-39, Mississippi Code of 1972, is amended as follows:
53-1-39. (a) In addition to
other remedies now available, the state, or any interested person aggrieved by
any final rule, regulation or order of the board, shall have the right, regardless
of the amount involved, of appeal to the * * * inferior courts of the Capitol Complex Improvement
District or to the chancery court of the county in which all or a part of appellant's
property affected by such rule, regulation or order is situated, which shall be
taken and perfected as hereinafter provided, within thirty (30) days from the
date that such final rule, regulation or order is filed for record in the
office of the board; and the said chancery court may affirm such rule, regulation
or order, or reverse same for further proceedings as justice may require. All
such appeals shall be taken and perfected, heard and determined either in termtime
or in vacation on the record, including a transcript of pleadings and
testimony, both oral and documentary, filed and heard before the board, and
such appeal shall be heard and disposed of promptly by the court as a
preference cause. In perfecting any appeal provided by this section, the provisions
of law respecting notice to the reporter and the allowance of bills of exception,
now or hereafter in force respecting appeals from the chancery court to Supreme
Court shall be applicable. However, the reporter shall transcribe his notes
and file the transcript of the record with the board within thirty (30) days
after approval of the appeal bond.
(b) Upon the filing with the board of a petition for appeal to the chancery court, it shall be the duty of the board, as promptly as possible, and in any event within sixty (60) days after approval of the appeal bond, to file with the clerk of the chancery court to which the appeal is taken, a copy of the petition for appeal and of the rule, regulation or order appealed from, and the original and one (1) copy of the transcript of the record of proceedings in evidence before the board. After the filing of said petition, the appeal shall be perfected by the filing with the clerk of the chancery court to which the appeal is taken of bond in the sum of Five Hundred Dollars ($500.00) with two (2) sureties or with a surety company qualified to do business in Mississippi as the surety, conditioned to pay the cost of such appeal; said bond to be approved by any member of the board or by the supervisor, or by the clerk of the court to which such appeal is taken. The perfection of an appeal shall not stay or suspend the operation of any rule, regulation or order of the board, but the judge of the chancery court to which the appeal is taken may award a writ of supersedeas to any rule, regulation or order of the board after five (5) days' notice to the board and after hearing. Any order or judgment staying the operation of any rule, regulation or order of the board shall contain a specific finding, based upon evidence submitted to the chancery judge and identified by reference thereto, that great or irreparable damage would result to the appellant if he is denied relief, and the stay shall not become effective until a supersedeas bond shall have been executed and filed with and approved by the clerk of the court or the chancery judge, payable to the state. The bond shall be in an amount fixed by the chancery judge and conditioned as said chancery judge may direct in the order granting the supersedeas.
Appeals of rules, regulations or orders of the board pending in the circuit court prior to July 1, 1988, shall proceed in the circuit court having jurisdiction under the appropriate statutes and rules applicable to such cases in the circuit courts. Appeals of rules, regulations or orders of the board on or after July 1, 1988, shall be perfected in the appropriate chancery court and shall proceed under the statutes and rules applicable to such cases in the chancery courts.
SECTION 212. Section 83-31-107, Mississippi Code of 1972, is amended as follows:
83-31-107. (1) Not later than the ninetieth day after the date on which a mutual insurance company's board of directors adopts a conversion plan, the company shall file with the commissioner:
(a) A copy of the conversion plan, including the documents relating to the conversion plan;
(b) The independent evaluation of a pro forma market value required by Section 83-31-121(2);
(c) The form of notice required by Section 83-31-111;
(d) The form of proxy to be solicited from eligible members under Section 83-31-113(2);
(e) The form of notice required by Section 83-31-129(3) to persons whose policies are issued after adoption of the conversion plan but before the effective date of the conversion plan;
(f) An audited financial statement prepared on a statutory basis in accordance with the insurance laws of the State of Mississippi, including an actuarial opinion for the most recent calendar year ended, or a copy thereof, if the statement was previously filed with the commissioner;
(g) The proposed amended or restated articles of association of the converted stock company, which shall include a change of the name of the company to delete the word "mutual" from the name of such company and proposed amended or restated bylaws of such company;
(h) A statement regarding acquisition of control, if applicable, as required by Section 83-6-1 et seq.; and
(i) Any other information as required under rules or regulations or as requested by the commissioner.
(2) Except as otherwise
provided by this subsection, the commissioner shall approve or disapprove a
conversion plan not later than the ninetieth day after the first day on which
all the documents and other information required under subsection (1) of this
section are filed with the commissioner. The commissioner may not extend the
time for approval or disapproval beyond the ninety-day time period unless he
finds it necessary to retain a qualified expert in accordance with subsection
(4) of this section, in which case he may extend the time for review for an additional
sixty (60) days beyond the initial ninety-day period. Notwithstanding the
stated time limits herein, the commissioner may extend the time for approval or
disapproval for an additional thirty (30) days beyond the date on which any
amendment to such plan is filed with the commissioner. The commissioner shall,
within five (5) days of approving or disapproving a conversion plan, give
written notice to the mutual insurance company of the commissioner’s decision and,
in the event of disapproval, a detailed statement of the reasons for the adverse
decision. If a plan is disapproved, then the conversion plan may be amended and
resubmitted to the commissioner for his approval or disapproval as provided in
Sections 83-31-101 through 83-31-143. If the commissioner disapproves the plan,
then the mutual insurance company may appeal the commissioner's decision as provided
by the laws of this state to the * * * inferior courts of the Capitol Complex Improvement District.
(3) The commissioner shall approve a conversion plan if the commissioner finds that the conversion plan complies with Sections 83-31-101 through 83-31-143, the conversion plan's method of allocating subscription rights or other value is fair and equitable and the conversion plan is otherwise fair and equitable to members and policyholders, and the converted stock company would satisfy the requirements applicable to a domestic stock company; however, the commissioner may not approve such a conversion plan and shall disapprove such a plan if the commissioner finds that (a) the effect of the conversion plan would be substantially to lessen competition in insurance in this state or tend to create a monopoly therein; (b) the financial condition of any party to the conversion plan is such as might jeopardize the financial stability of the insurers which are parties to the plan or prejudice the interests of their policyholders; (c) the conversion plan or the plans for operation of the parties to the conversion plan following implementation of the conversion plan are not in the public interest; (d) the competence, experience and integrity of those persons who would control the operations of the parties to the conversion plan are such that it would not be in the interest of policyholders of the parties to the conversion plan or of the public to permit the conversion plan; (e) the conversion plan's method of allocating subscription rights or other value is not fair and equitable; (f) the conversion plan is not fair and equitable to the members and policyholders; (g) implementation of the conversion plan is likely to be hazardous or prejudicial to the insurance buying public; or (h) the conversion unfairly enriches the officers and directors of the converting insurer.
(4) The commissioner may retain, at the mutual insurance company's expense, a qualified expert or experts, including but not limited to appraisers, actuaries, accountants and attorneys, not otherwise a part of the commissioner's staff to assist the commissioner in reviewing the conversion plan and the independent evaluation of the pro forma market value required under Section 83-31-121(2).
(5) The commissioner may hold a public hearing to allow comment on the conversion plan after giving written notice to the mutual insurance company and other interested persons, all of whom have the right to appear at the hearing. Notice to interested persons who have not filed an appearance in the matter may be made in any reasonable manner deemed appropriate by the commissioner with the costs thereof assessed to the mutual insurance company.
SECTION 213. Section 73-24-25, Mississippi Code of 1972, is amended as follows:
73-24-25. (1) Any person whose application for a license is denied shall be entitled to a hearing before the board if he submits a written request to the board. Such hearing shall be conducted at the earliest possible date. A subcommittee of the council shall attend and may offer relevant evidence at any such hearing. The board shall fix a time and place for the hearing and shall cause a written copy of the reason for denial of the license, together with a notice of the time and place fixed for the hearing, to be served on the applicant requesting the hearing and shall serve notice of such hearing on the council. Service of and notice of the hearing may be given by United States certified mail, return receipt requested, to the last known address of the licensee or applicant. For purposes of the hearing, the board, acting by and through the Executive Director of the State Board of Health, shall have the power to subpoena persons and compel the production of records, papers and other documents.
(2) (a) All complaints concerning a licensee's business or professional practice shall be received by the board. Each complaint received shall be registered, recording at a minimum the following information: (i) licensee's name; (ii) name of the complaining party, if known; (iii) date of complaint; (iv) brief statement of complaint; and (v) disposition.
(b) Following the investigative process, the board may file formal charges against the licensee. Such formal complaint, at a minimum, shall inform the licensee of the facts which are the basis of the charge and which are specific enough to enable the licensee to defend against the charges.
(c) Each licensee whose conduct is the subject of a formal charge which seeks to impose disciplinary action against the licensee shall be served notice of the formal charge at least thirty (30) days before the date of the hearing, which hearing shall be presided over by the board or the board's designee. Service shall be considered to have been given if the notice was personally received by the licensee or if the notice was sent by United States certified mail, return receipt requested, to the licensee at the licensee's last known address as listed with the state agency.
(d) The notice of the formal charge shall consist, at a minimum, of the following information:
(i) The time, place and date of the hearing;
(ii) Notification that the licensee shall appear personally at the hearing and may be represented by counsel;
(iii) Notification that the licensee shall have the right to produce witnesses and evidence in his behalf and shall have the right to cross-examine adverse witnesses and evidence;
(iv) Notification that the hearing could result in disciplinary action being taken against the licensee;
(v) Notification that rules for the conduct of the hearing exist, and it may be in the licensee's best interest to obtain a copy;
(vi) Notification that the board or its designee shall preside at the hearing, and following the conclusion of the hearing, shall make findings of facts, conclusions of law and recommendations, separately stated, to the board as to what disciplinary action, if any, should be imposed on the licensee;
(vii) The board or its designee shall hear evidence produced in support of the formal charges and contrary evidence produced by the licensee. At the conclusion of the hearing, the board shall issue an order; and
(viii) All proceedings under this section are matters of public record and shall be preserved in accordance with state law.
(3) In addition to other remedies
provided by law or in equity, any applicant or licensee aggrieved by any action
of the board may appeal the action of the board to the chancery court of the
county of his residence if he be a resident of this state, or to the * * * inferior courts of the Capitol Complex Improvement
District if he be a nonresident of this state. An appeal shall be filed
within thirty (30) days immediately following the mailing or delivery to the
applicant or licensee of a copy of the order of judgment of the board, unless
the court, for good cause shown, extends the time. The court after a hearing
may modify, affirm or reverse the judgment of the board or may remand the case
to the board for further proceedings. An appeal from the chancery court may be
had to the Supreme Court of the State of Mississippi as provided by law for any
final judgment of the chancery court. If the board appeals a judgment of the chancery
court, no bond shall be required of it in order to perfect its appeal.
(4) The board may impose any of the following sanctions, singly or in combination, when it finds that a licensee is guilty of any such offense:
(a) Revoke the license;
(b) Suspend the license, for any period of time;
(c) Censure the licensee;
(d) Impose a monetary penalty of not more than Two Hundred Dollars ($200.00);
(e) Place a licensee on probationary status and requiring the licensee to submit to any of the following: (i) report regularly to the board, or its designee, upon matters which are the basis of probation; (ii) continue to renew professional education until a satisfactory degree of skill has been attained in those areas which are the basis of probation; or (iii) such other reasonable requirement or restrictions as the board deems proper;
(f) Refuse to renew a license; or
(g) Revoke probation which has been granted and impose any other disciplinary action under this subsection when the requirements of probation have not been fulfilled or have been violated.
(5) The board summarily may suspend a license under this chapter without the filing of a formal complaint, notice or a hearing, if the board finds that the continued practice in the profession by the licensee would constitute an immediate danger to the public. If the board summarily suspends a license under the provisions of this subsection a hearing must be held within twenty (20) days after suspension begins, unless the hearing date is continued at the request of the licensee.
(6) Disposition of any formal complaint may be made by consent order or stipulation between the board and the licensee.
(7) The board may reinstate any licensee to good standing under this chapter if, after hearing, the board is satisfied that the applicant's renewed practice is in the public interest.
(8) The board may seek the counsel of the Occupational Therapy Advisory Council regarding disciplinary actions.
(9) The board shall seek to achieve consistency in the application of the foregoing sanctions, and significant departure from prior decisions involving similar conduct shall be explained by the board.
(10) In addition, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or 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. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 214. Section 27-77-13, Mississippi Code of 1972, is amended as follows:
27-77-13. (1) The findings and order of the Board of Tax Appeals entered in accordance with Section 27-77-9, 27-77-11 or Section 27-77-12, shall be final unless the agency or the permittee, IFTA licensee, IRP registrant, tag holder, or title interest holder of the permit, IFTA license, IRP registration, tag or title in regard to which action was taken in the order shall, within thirty (30) days from the date of the order, file a petition in chancery court seeking a review of the order. If a petition under this subsection is filed by the permittee, IFTA licensee, IRP registrant, tag holder or title interest holder, the petition shall be filed against the agency as respondent. If a petition under this subsection is filed by the agency, the petition shall be filed against the permittee, IFTA licensee, IRP registrant, tag holder or title interest holder of the permit, IFTA license, IRP registration, tag or title which is the subject of the order sought to be reviewed as respondent. The respondent to a petition has thirty (30) days from the date of service of the petition to file a cross-appeal. The petition shall contain a concise statement of the facts as contended by the petitioner, identify the order from which the appeal is being taken and the type of relief sought. Where the petition is being filed by a permittee, IFTA licensee, IRP registrant, tag holder or title interest holder, the petition shall also contain a certificate that the petitioner has paid to the executive director the estimated cost of the preparation of the entire record of the Board of Tax Appeals on the matter for which a review is sought.
(2) A petition under subsection
(1) of this section shall be filed in the chancery court of the county or
judicial district in which the permittee, IFTA licensee, IRP registrant, tag
holder or title interest holder of the permit, IFTA license, IRP registration,
tag or title which is the subject of the order of the Board of Tax Appeals sought
to be reviewed has a place of business or in the * * *
inferior courts of the Capitol Complex Improvement District; however, a
resident permittee, IFTA licensee, IRP registrant, tag holder or title interest
holder may file a petition in the chancery court of the county or judicial district
in which he is a resident. If both the agency and the permittee, IFTA
licensee, IRP registrant, tag holder or title interest holder file a petition
under subsection (1) of this section, the appeals shall be consolidated and the
chancery court where the first petition was filed shall have jurisdiction over
the consolidated appeal. If it cannot be determined which petition was filed
first, the chancery court where the permittee, IFTA licensee, IRP registrant, tag
holder or title interest holder filed his petition shall have jurisdiction over
the consolidated appeal.
(3) The review by the chancery court of the order of the Board of Tax Appeals on a petition filed under subsection (1) of this section shall be based on the record made before the Board of Tax Appeals. Before filing a petition under subsection (1) of this section, a petitioner, who is a permittee, IFTA licensee, IRP registrant, tag holder or title interest holder, shall obtain from the executive director an estimate of the cost to prepare the entire record of the Board of Tax Appeals and shall pay to the executive director the amount of the estimate. If, upon the preparation of the record, it is determined that the estimate paid was insufficient to pay the actual cost of the preparation of the record, the executive director shall mail to the petitioner a written notice of the deficiency. The petitioner shall pay the deficiency to the executive director within thirty (30) days from the date of this written notice. If upon the preparation of the record, it is determined that the estimate paid by the petitioner exceeds the actual cost of the preparation of the record, the executive director shall remit to the petitioner the amount by which the estimate paid exceeds the actual cost. The chancery court shall dismiss with prejudice any petition filed by a permittee, IFTA licensee, IRP registrant, tag holder or title interest holder where it is shown that the petitioner failed to pay prior to filing the petition the estimated cost for preparation of the record of the Board of Tax Appeals or failed to pay any deficiency in the estimate within thirty (30) days of a notice of deficiency. Where the agency files a petition under subsection (1) of this section, the agency shall pay the cost of the preparation of the entire record of the Board of Tax Appeals on the matter for which a review is sought. Where both the agency and the permittee, IFTA licensee, IRP registrant, tag holder or title interest holder file a petition under subsection (1) of this section from the same Board of Tax Appeals order, the executive director shall remit to the permittee, IFTA licensee, IRP registrant, tag holder or title interest holder that filed the petition the amount by which, if any, the payment received from this permittee, IFTA licensee, IRP registrant, tag holder or title interest holder for preparation of the record exceeds one-half (1/2) of the actual cost of preparation of the record. The other half of the actual cost of preparation of the record in this situation shall be paid by the agency.
(4) Upon the filing of the petition under subsection (1) of this section, the clerk of the court in which the petition is filed shall issue a summons to the respondent requiring the respondent to answer or otherwise respond to the petition within thirty (30) days of service. Where the agency is the respondent, the summons shall be served on the agency by personal service on the commissioner as the chief executive officer of the agency.
(5) Upon the filing of an answer and/or response to the petition filed under subsection (1) of this section, and upon the filing of the record made before the Board of Tax Appeals with the clerk of the court, the chancery court shall, upon the motion of either party, establish a schedule for the filing of briefs in the action. The scope of review of the chancery court in an action filed under subsection (1) of this section shall be limited to a review of the record made before the Board of Tax Appeals to determine if the action of the Board of Tax Appeals is unlawful for the reason that it was:
(a) Not supported by substantial evidence;
(b) Arbitrary or capricious;
(c) Beyond the power of the Board of Tax Appeals to make; or
(d) In violation of some statutory or constitutional right of the petitioner.
(6) No relief shall be granted based upon the chancery court's finding of harmless error by the Board of Tax Appeals in complying with any procedural requirement; however, in the event that there is a finding of prejudicial error in the proceedings, the cause shall be remanded to the Board of Tax Appeals for a rehearing consistent with the findings of the court.
(7) The respondent, the petitioner, or both, shall have the right to appeal from the order of the chancery court to the Supreme Court as in other cases.
SECTION 215. Section 81-5-85, Mississippi Code of 1972, is amended as follows:
81-5-85. A bank chartered by
the State of Mississippi, may, with the approval of the commissioner, enter into
a business combination with another bank, savings bank, savings and loan association
or other entity, on such terms and conditions, as may be lawfully agreed upon, adopted
and approved in a plan of merger or share exchange in accordance with Article 11,
Chapter 4 * * *, Title 79, Mississippi Code of 1972, and
provided that the survivor is a financial institution insured by the Federal Deposit
Insurance Corporation. Following receipt of the required corporate approvals and
approval of the plan of merger or share exchange plan by the commissioner, the resulting
amendments to charters of the survivor shall be approved and filed with other state
officials in accordance with Section 81-3-15. The capital stock of the survivor
shall not be less than that required under applicable law for the survivor. And
all the rights, franchises and interests of the institutions so consolidated in
and to every species of property, personal and mixed, and choses in action thereto
belonging, shall be deemed to be transferred to and vested in such survivor without
any deed or other transfer, and the said survivor shall hold and enjoy the same
and all rights of property, franchises and interests in the same manner and to the
same extent as were held and enjoyed by the institutions so combined.
A bank chartered by the State of Mississippi may, with the approval of the commissioner, sell or transfer all, or substantially all, of its assets, liabilities, and businesses only to another bank, savings bank, savings and loan association or other entity, in a transaction agreed upon, adopted and approved in accordance with Article 12, Chapter 4, Title 79, Mississippi Code of 1972, and provided that the buyer or transferee is a financial institution insured by the Federal Deposit Insurance Corporation.
Any national bank, state or federal savings and loan association, or state or federal savings bank may apply for conversion into a state-chartered bank upon the affirmative vote of the shareholders owning at least two-thirds (2/3) of its capital stock outstanding, or of fifty-one percent (51%) or more of the total number of the members, at a meeting called by the directors, notice of which, specifying the purpose, shall be given the manner required by the bylaws, or in the absence of such bylaw, then by sending the notice to each shareholder of record by registered mail at least ten (10) days before the meeting. Upon such affirmative vote, the converting institution may apply for a certificate of authority by filing with the commissioner a certificate signed by its president and cashier which sets forth the corporate action herein prescribed and asserts that the institution has complied with the provisions of the laws of the United States. The converting institution shall also file with the commissioner the plan of conversion and the proposed amendments to its articles of incorporation as approved by the stockholders for the operation of the institution as a state bank. Upon receipt of the prescribed application, the commissioner shall examine all facts associated with the conversion. The expenses and cost incurred for such special examination shall be paid by the institution applying for permission to convert. The commissioner shall present his findings and recommendations to the State Board of Banking Review for consideration. Upon approval by the State Board of Banking Review, the commissioner shall issue a certificate of authority to the applicant allowing the conversion to proceed.
Any bank, savings and loan association or savings bank chartered by the State of Mississippi is hereby authorized to convert into, consolidate with, or merge with a national bank, with the national bank charter surviving, without approval of the Department of Banking and Consumer Finance, the Commissioner of Banking and Consumer Finance, or any state authority whatsoever.
Notwithstanding any provision of law to the contrary, if any bank, savings and loan association or savings bank chartered by the State of Mississippi has or proposes to engage in a business combination or sale or transfer of substantially all assets that is not authorized under this section, the commissioner shall enforce the provisions of this section by issuing a cease-and-desist order.
The bank, savings and loan association
or savings bank may appeal such order to the * * *
inferior courts of the Capitol Complex Improvement District. Said appeal
must be filed within thirty (30) days from the date the order was issued.
SECTION 216. Section 75-49-13, Mississippi Code of 1972, is amended as follows:
75-49-13. (1) The commissioner shall not:
(a) Deny an application for a license without first giving the applicant a hearing, or an opportunity to be heard, on the question of whether he is qualified under the provisions of this chapter to receive the license applied for.
(b) Revoke or suspend a license without first giving the licensee a hearing, or an opportunity to be heard, on the question of whether there are sufficient grounds under the provisions of this chapter upon which to base such revocation or suspension.
(2) Any interested party shall have the right to have the commissioner call a hearing for the purpose of taking action in respect to any matter within the commissioner's jurisdiction by filing with the commissioner a verified complaint setting forth the grounds upon which the complaint is based.
(3) The commissioner may on his own motion call a hearing for the purpose of taking action in respect to any matter within his jurisdiction.
(4) When a hearing is to be held before the commissioner, the commissioner shall give written notice thereof to all parties whose rights may be affected thereby. The notice shall set forth the reason for the hearing and the questions or issues to be decided by the commissioner at such hearing and the time when and the place where the hearing will be held. All such notices shall be mailed to all parties, whose rights may be affected by such hearing by registered or certified mail, and addressed to their last known address.
(5) All parties whose rights may be affected at any hearing before the commissioner shall have the right to appear personally and by counsel, to cross-examine witnesses appearing against them, and to produce evidence and witnesses in their own behalf. The commissioner shall make and keep a record of each such hearing and shall provide a transcript thereof to any interested party upon his request and at his expense. Testimony taken at all such hearings shall be taken either stenographically or by machine.
(6) If any party who is notified of a hearing in accordance with the requirements of this chapter fails to appear at such hearing, either in person or by counsel, then and in that event the commissioner may make any decision and take any action he may deem necessary or appropriate with respect to any issue or question scheduled for hearing and decision by him at such hearing which affects or may affect the rights of such defaulting party, and such defaulting party shall have no right of appeal under the provisions of this chapter.
(7) All decisions of the commissioner with respect to the hearings provided for in this section shall be incorporated into orders of the commissioner. All such orders shall be made available during normal office hours for inspection by interested persons.
(8) It shall be the duty of the sheriffs and constables of the counties of this state and of any employee of the commissioner, when so directed by the commissioner, to execute any summons, citation or subpoena which the commissioner may cause to be issued and to make his return thereof to the commissioner. The sheriffs and constables so serving and returning same shall be paid for so doing fees provided for such services in the circuit court. Any person who appears before the commissioner or a duly designated employee of his department in response to a summons, citation or subpoena shall be paid the same witness fee and mileage allowance as witnesses in the circuit court. In case of failure or refusal on the part of any person to comply with any summons, citation or subpoena issued and served as above authorized or in the case of the refusal of any person to testify or answer to any matter regarding which he may be lawfully interrogated or the refusal of any person to produce his record books and accounts relating to any matter regarding which he may be lawfully interrogated, the chancery court of any county of the State of Mississippi, or any chancellor of any such court in vacation, may, on application of the commissioner, issue an attachment for such person and compel him to comply with such summons, citation or subpoena and to attend before the commissioner or his designated employee and to produce the documents specified in any subpoena duces tecum and give his testimony upon such matters as he may be lawfully required. Any such chancery court, or any chancellor of any such court in vacation, shall have the power to punish for contempt as in case of disobedience of like process issued from or by any such chancery court, or by refusal to testify therein in response to such process, and such person shall be taxed with the costs of such proceedings.
(9) The following procedure shall govern in taking and perfecting appeals:
(a) Any person who is
a party to any hearing before the commissioner and who is aggrieved by any
decision of the commissioner with respect to any hearing before him, unless prevented
by the provisions of subsection (6) of this section, shall have the right of
appeal to the chancery court of the county of such person's residence or
principal place of business within this state, but if any such person is a nonresident
of this state he shall have the right of appeal to the * * * inferior courts of the Capitol Complex Improvement District.
All such appeals shall be taken and perfected within sixty (60) days from the
date of the decision of the commissioner which is the subject of the appeal,
and the chancery court to which such appeal is taken may affirm such decision or
reverse and remand the same to the commissioner for further proceedings as
justice may require or dismiss such decision. All such appeals shall be taken
and perfected, heard and determined, either in term time or in vacation, on the
record, including a transcript of pleadings and evidence, both oral and documentary,
heard and filed before the commissioner. In perfecting any appeal provided by
this chapter, the provisions of law respecting notice to the reporter and allowance
of bills of exceptions, now or hereafter in force, respecting appeals from the
chancery court to the supreme court shall be applicable, provided, however,
that the reporter shall transcribe his notes, taken stenographically or by
machine, and file the record with the commissioner within thirty (30) days
after approval of the appeal bond, unless, on application of the reporter, or
of the appellant, an additional fifteen (15) days shall have been allowed by
the commissioner to the reporter within which to transcribe his notes and file
the transcript of the record with the commission.
(b) Upon the filing with the commissioner of a petition of appeal to the proper chancery court, it shall be the duty of the commissioner, as promptly as possible, and in any event within sixty (60) days after approval of the appeal bond, to file with the clerk of said chancery court to which the appeal is taken, a copy of the petition for appeal and of the decision appealed from, and the original and one (1) copy of the transcript of the record of the proceedings and evidence before the commission. After the filing of said petition, the appeal shall be perfected by the filing of a bond in the penal sum of Five Hundred Dollars ($500.00) with two (2) sureties or with a surety company qualified to do business in Mississippi as surety, conditioned to pay the costs of such appeal, said bond to be approved by the commissioner or by the clerk of the chancery court to which such appeal is taken.
(10) No decision of the commissioner made as a result of a hearing under the provisions of this section shall become final with respect to any party affected and aggrieved by such decision until such party shall have exhausted or shall have had an opportunity to exhaust all of his remedies provided for by this section; provided, however, any such decision may be made final if the commissioner finds that failure to do so would be detrimental to the public interest or public welfare, but the finality of any such decision shall not prevent any party or parties affected and aggrieved thereby to appeal the same in accordance with the appellate procedure set forth in this section.
(11) The commissioner shall prescribe his rules of order or procedure in hearings or other proceedings before it under this chapter; provided, however, that such rules of order or procedure shall not be in conflict or contrary to the provisions of this section.
SECTION 217. Section 77-7-295, Mississippi Code of 1972, is amended as follows:
77-7-295. In addition to
other remedies now available, the state, or any party aggrieved by any final
finding, order or judgment of the commission, shall have the right, regardless
of the amount involved, of appeal to the * * * inferior courts of the Capitol Complex Improvement District.
If an application for rehearing has been filed, an appeal must be filed within
thirty (30) days after the application for rehearing has been refused or deemed
refused because of the commission's failure to act thereon within the time specified
in Section 77-7-293, or if the application is granted, within thirty (30) days
after the rendition of the decision on rehearing. If an application for
rehearing has not been filed, an appeal must be filed within thirty (30) days
after the entry of the commission's order. In those cases wherein an administrative
order of the commission is involved, the circuit court may affirm or reverse
for further proceedings as justice may require. In those cases wherein the commission's
order appealed from is a judicial finding, the circuit court shall review,
affirm, reverse or modify the same and enter therein such order or judgment as
may be right and just. Without excluding any other finding, order or judgment
of the commission as constituting a judicial finding, the granting or denial by
the commission of an application for a certificate of public convenience and
necessity, or the granting of denial of an application for a permit to operate
as a contract carrier, shall be construed as a judicial finding, and appealable
as such. All such appeals shall be taken and perfected, heard and determined
either in term time or in vacation, on the record, including a transcript of
pleadings and testimony, both oral and documentary, filed and heard before the
commission; and such appeal shall be heard and disposed of promptly by the court
as a preference cause. In perfecting any appeal provided by this section, the
provisions of law respecting notice to the reporter and the allowance of bills
of exception, now or hereafter in force respecting appeals from circuit courts
to the Supreme Court, shall be applicable.
SECTION 218. Section 75-9-501.1, Mississippi Code of 1972, is amended as follows:
75-9-501.1. (a) No person shall cause to be communicated to the filing office for filing a false record the person knows or reasonably should know:
(1) Is filed with the intent to harass or defraud the person identified as debtor in the record or any other person;
(2) Is not authorized or permitted under Section 75-9-509, 75-9-708 or 75-9-808 of this article; or
(3) Is not related to a valid existing or potential commercial or financial transaction, an existing agricultural or other lien, or a judgment of a court of competent jurisdiction.
(b) The Secretary of State may initiate a review of a record presented for filing or a filed record if:
(1) The Secretary of State receives an information statement filed by the debtor with the Secretary of State under Section 75-9-518 alleging the record was communicated to the filing office in violation of subsection (a); or
(2) The Secretary of State has reason to believe, from information contained in the record or obtained from the person that communicated the record to the filing office, that the record was communicated to the filing office in violation of subsection (a).
(c) Upon initiating the review, the Secretary of State shall communicate to the secured party of record on the record to which the review relates and to the person that communicated the record to the filing, if different and known to the office, a request for additional documentation supporting the effectiveness of the record. The Secretary of State may terminate the record effective thirty (30) days after the first request for additional documentation is sent if it has a reasonable basis for concluding that the record was communicated to the filing office in violation of subsection (a). The Secretary of State may give heightened scrutiny to a record when:
(1) The record asserts a claim against a current or former employee or officer of a federal, state, county, or other local governmental unit that relates to the performance of the officer's or employee's public duties, and for which the filer does not hold a properly executed security agreement or judgment from a court of competent jurisdiction;
(2) The record indicates that the debtor and the secured party are substantially the same;
(3) The debtor is a transmitting utility; or
(4) The transaction to which the record relates is a public-finance transaction.
(d) The Secretary of State shall not return any fee paid for filing a record refused or terminated under this section.
(e) The
Secretary of State shall promptly communicate to the secured party of record a
notice of the refusal or termination of a record under subsection (c). A
secured party of record that believes in good faith the record was not communicated
to the filing office in violation of subsection (a) may commence an action in the * * * inferior courts of the Capitol Complex Improvement
District to require the Secretary of State to
accept or reinstate the record.
(f) A record ordered by the court to be accepted or reinstated is effective as a filed record from the initial filing date except as against a purchaser of the collateral which gives value in reasonable reliance on the absence of the record from the files.
(g) Neither the filing office nor any of its employees shall incur liability for the termination or failure to terminate a record under this section or for the refusal to accept a record for filing in the lawful performance of the duties of the office or employee.
(h) This section does not apply to a record communicated to the filing office by a regulated financial institution or by a representative of a regulated financial institution except that the Secretary of State may request from the secured party of record on the record or from the person that communicated the record to the filing office, if different and known to the office, additional documentation supporting that the record was communicated to the filing office by a regulated financial institution or by a representative of a regulated financial institution. "Regulated financial institution" means a financial institution subject to regulatory oversight or examination by a state or federal agency, including, but not limited to, any bank, commercial finance lender or insurer, consumer loan broker, credit union, debt management service provider, finance company, industrial loan company, insurance premium finance company, investment company, investment fund, mortgage service provider, savings association, small loan company, and trust company.
(i) This section applies to records communicated to the filing office for filing before the effective date if the communication constitutes a violation of subsection (a).
SECTION 219. Section 97-17-71.1, Mississippi Code of 1972, is amended as follows:
97-17-71.1. (1) (a) From and after August 7, 2008, it shall be unlawful for any scrap metal dealer or any person who purchases scrap metal, deals in scrap metal, or otherwise engages in the scrap metal business to fail to register with the Secretary of State. All registrations under this section shall expire two (2) years from the date of the registration or the renewal thereof.
(b) The Secretary of State may promulgate and adopt such rules and regulations as are reasonably necessary to carry out the provisions of this section and establish such registration and renewal fees as are adequate to cover the administrative costs associated with the registration program.
(c) The Secretary of State may deny, suspend, revoke or refuse to renew any registration following notice to the applicant or registrant in accordance with the promulgated rules and an opportunity for a hearing for any failure to comply with this section, or for other good cause.
(2) A violation of this section is a misdemeanor punishable by a fine of not less than Five Hundred Dollars ($500.00) but not to exceed One Thousand Dollars ($1,000.00) for the first offense. Any person who shall be guilty of any subsequent violations of this section requiring registration shall be guilty of a felony offense and shall be imprisoned in the custody of the Department of Corrections for a term not to exceed three (3) years, fined not more than Five Thousand Dollars ($5,000.00), or both.
(3) (a) To register or renew registration, the registrant must declare, under penalty of perjury, whether such registrant has ever been convicted of any felony offense, or any misdemeanor offense involving fraud, dishonesty, or deceit within five (5) years preceding the date of application. If the registrant is a business entity, the registrant shall make the same declarations on behalf of every owner of the business who participates in the operation or management of the business.
(b) (i) An applicant who has been convicted of an offense as described in paragraph (a) of this subsection may be prohibited from registering under this section for five (5) years from the date of conviction.
(ii) Any false statement submitted to the Secretary of State for the purpose of unlawfully registering under this section shall be punished as perjury in the manner provided in Section 97-9-61, and a person so convicted shall be disqualified for life from registering as a scrap metal dealer under this section.
(4) The Secretary of State shall immediately report any suspected criminal violation accompanied by all relevant records to the Office of Attorney General and the appropriate district attorney for further proceedings.
(5) It is unlawful for a person to make or cause to be made, in a record or statement that is used or obtained in an examination, action, proceeding, or filed under this section, a statement that, at the time and in light of the circumstances under which it is made, is false or misleading in a material respect, or, in connection with the statement, to omit to state a material fact necessary to make the statement made, in light of the circumstances under which it was made, not false or misleading.
(6) The Secretary of State shall have the authority to:
(a) Conduct and carry out criminal background history verification of the information provided by the applicant or registrant and to require the submission of information and forms from the applicant or registrant in order to accomplish the registration duties imposed by this section;
(b) Require or permit a person to testify, file a statement, or produce a record, under oath or otherwise, as to all the facts and circumstances concerning a matter to be investigated or about which an action or proceeding is to be instituted;
(c) Issue a cease and desist order, with a prior hearing, against the scrap metal dealer or other purchaser alleged to be in violation of this section, directing the person or persons to cease and desist from further illegal activity. When an immediate cease and desist order is issued, the Secretary of State shall hold an administrative hearing on the alleged violations within fifteen (15) business days;
(d) (i) Issue an order against any scrap metal dealer or other purchaser for any violation of this section, imposing an administrative penalty up to a maximum of One Thousand Dollars ($1,000.00) for each offense. Each violation shall be considered a separate offense in a single proceeding or a series of related proceedings. Any administrative penalty, plus reimbursement for all costs and expenses incurred in the investigation of the violation and any administrative proceedings, shall be paid to the Secretary of State;
(ii) For the purpose of determining the amount or extent of a sanction, if any, to be imposed under paragraph (c)(i) of this subsection, the Secretary of State shall consider, among other factors, the frequency, persistence and willfulness of the conduct constituting a violation of this section or any rule or order hereunder; the number of persons adversely affected by the conduct; and the resources of the person committing the violation;
(e) Bring an action in chancery court to enjoin the acts or practices complained of to enforce compliance with this section or any rule promulgated or order entered hereunder. Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted and a receiver or conservator may be appointed for the defendant or the defendant's assets. In addition, upon a proper showing by the Secretary of State, the court may enter an order of rescission or restitution directed to any person who has engaged in any act constituting a violation of any provision of this section or any rule or order hereunder, or the court may impose a civil penalty up to a maximum of One Thousand Dollars ($1,000.00) for each offense, provided that each violation shall be considered as a separate offense in a single proceeding or a series of related proceedings. The court may not require the Secretary of State to post a bond.
(7) Any person aggrieved by
a final order of the Secretary of State may obtain a review of the order in the * * * inferior courts of the Capitol Complex Improvement
District by filing in the court, within thirty (30) days after the entry of
the order, a written petition praying that the order be modified or set aside, in
whole or in part. A copy of the petition shall be forthwith served upon the Secretary
of State and thereupon the Secretary of State shall certify and file in court a
copy of the filing and evidence upon which the order was entered. When these have
been filed, the court has exclusive jurisdiction to affirm, modify, enforce or set
aside the order, in whole or in part.
SECTION 220. Section 79-29-803, Mississippi Code of 1972, is amended as follows:
79-29-803. (1) On
application by or for a member, the chancery court for the county in which the
principal office of the limited liability company is located, or the * * * inferior courts of the Capitol Complex Improvement
District if the limited liability company does not have a principal office in
this state, may decree dissolution of a limited liability company:
(a) Whenever it is not reasonably practicable to carry on the business in conformity with the certificate of formation or the operating agreement;
(b) Whenever the managers or the members in control of the limited liability company have been guilty of or have knowingly countenanced persistent and pervasive fraud or abuse of authority, or the property of the limited liability company is being misapplied or wasted by such persons; or
(c) In a proceeding by the limited liability company to have its voluntary dissolution continued under court supervision.
(2) If a limited liability company has no members due to the expulsion or withdrawal of the last remaining member pursuant to the terms of the certificate of formation or the written operating agreement and the certificate of formation or the written operating agreement of the limited liability company prohibits the substitution of a member, then an officer, manager or any assignee or owner of a financial interest of the limited liability company or the personal representative of the member may apply to the chancery court to dissolve the limited liability company; however, if there are no persons that hold the above-described positions, then any creditor of the limited liability company or the Secretary of State may apply to the chancery court to dissolve the limited liability company.
(3) A court in a judicial proceeding brought to dissolve a limited liability company may appoint one or more receivers to wind-up and liquidate, or one or more custodians to manage, the business and affairs of the limited liability company. The court appointing a receiver or custodian has jurisdiction over the limited liability company and all its property wherever located. The court may appoint an individual or entity (authorized to transact business in this state) as a receiver or custodian. The court may require the receiver or custodian to post bond, with or without sureties, in an amount the court directs.
The court shall describe the powers and duties of the receiver or custodian in its appointing order, which may be amended from time to time. Among other powers:
(a) The receiver (i) may dispose of all or any part of the assets of the limited liability company wherever located, at a public or private sale, if authorized by the court; and (ii) may sue and defend in the receiver's own name as receiver of the limited liability company in all courts of this state; and
(b) The custodian may exercise all the powers of the limited liability company, through or in place of its members, managers or officers, to the extent necessary to manage the affairs of the limited liability company in the best interests of its members and creditors.
The court during a receivership may redesignate the receiver a custodian, and during a custodianship may redesignate the custodian a receiver, if doing so is in the best interests of the limited liability company, its members and creditors.
The court from time to time during the receivership or custodianship may order compensation paid and expenses paid or reimbursed to the receiver or custodian from the assets of the limited liability company or proceeds from the sale of the assets.
SECTION 221. Section 75-60-19, Mississippi Code of 1972, is amended as follows:
75-60-19. (1) The Commission on Proprietary School and College Registration may suspend, revoke or cancel a certificate of registration for any one (1) or any combination of the following causes:
(a) Violation of any provision of the sections of this chapter or any regulation made by the commission;
(b) The furnishing of false, misleading or incomplete information requested by the commission;
(c) The signing of an application or the holding of a certificate of registration by a person who has pleaded guilty or has been found guilty of a felony or has pleaded guilty or been found guilty of any other indictable offense;
(d) The signing of an application or the holding of a certificate of registration by a person who is addicted to the use of any narcotic drug, or who is found to be mentally incompetent;
(e) Violation of any commitment made in an application for a certificate of registration;
(f) Presentation to prospective students of misleading, false or fraudulent information relating to the course of instruction, employment opportunity, or opportunities for enrollment in accredited institutions of higher education after entering or completing courses offered by the holder of a certificate of registration;
(g) Failure to provide or maintain premises or equipment for offering courses of instruction in a safe and sanitary condition;
(h) Refusal by an agent to display his agent permit upon demand of a prospective student or other interested person;
(i) Failure to maintain financial resources adequate for the satisfactory conduct of courses of study as presented in the plan of operation or to retain a sufficient number and qualified staff of instruction; however nothing in this chapter shall require an instructor to be certificated by the Commission on Proprietary School and College Registration or to hold any type of post-high school degree;
(j) Offering training or courses of instruction other than those presented in the application; however, schools may offer special courses adapted to the needs of individual students where the special courses are in the subject field specified in the application;
(k) Accepting the services of an agent not licensed in accordance with Sections 75-60-23 through 75-60-37, inclusive;
(l) Conviction or a plea of nolo contendere on the part of any owner, operator or director of a registered school of any felony under Mississippi law or the law of another jurisdiction;
(m) Continued employment of a teacher or instructor who has been convicted of or entered a plea of nolo contendere to any felony under Mississippi law or the law of another jurisdiction;
(n) Incompetence of any owner or operator to operate a school.
(2) (a) Any person who believes he has been aggrieved by a violation of this section shall have the right to file a written complaint within two (2) years of the alleged violation. The commission shall maintain a written record of each complaint that is made. The commission shall also send to the complainant a form acknowledging the complaint and requesting further information if necessary and shall advise the director of the school that a complaint has been made and, where appropriate, the nature of the complaint.
(b) The commission shall within twenty (20) days of receipt of such written complaint commence an investigation of the alleged violation and shall, within ninety (90) days of the receipt of such written complaint, issue a written finding. The commission shall furnish such findings to the person who filed the complaint and to the chief operating officer of the school cited in the complaint. If the commission finds that there has been a violation of this section, the commission shall take appropriate action.
(c) Schools shall disclose in writing to all prospective and current students their right to file a complaint with the commission.
(d) The existence of an arbitration clause in no way negates the student's right to file a complaint with the commission.
(e) The commission may initiate an investigation without a complaint.
(3) Hearing procedures. (a) Upon a finding that there is good cause to believe that a school, or an officer, agent, employee, partner or teacher, has committed a violation of subsection (1) of this section, the commission shall initiate proceedings by serving a notice of hearing upon each and every such party subject to the administrative action. The school or such party shall be given reasonable notice of hearing, including the time, place and nature of the hearing and a statement sufficiently particular to give notice of the transactions or occurrences intended to be proved, the material elements of each cause of action and the civil penalties and/or administrative sanctions sought.
(b) Opportunity shall be afforded to the party to respond and present evidence and argument on the issues involved in the hearing including the right of cross-examination. In a hearing, the school or such party shall be accorded the right to have its representative appear in person or by or with counsel or other representative. Disposition may be made in any hearing by stipulation, agreed settlement, consent order, default or other informal method.
(c) The commission shall designate an impartial hearing officer to conduct the hearing, who shall be empowered to:
(i) Administer oaths and affirmations; and
(ii) Regulate the course of the hearings, set the time and place for continued hearings, and fix the time for filing of briefs and other documents; and
(iii) Direct the school or such party to appear and confer to consider the simplification of the issues by consent; and
(iv) Grant a request for an adjournment of the hearing only upon good cause shown.
The strict legal rules of evidence shall not apply, but the decision shall be supported by substantial evidence in the record.
(4) The commission, acting by and through its hearing officer, is hereby authorized and empowered to issue subpoenas for the attendance of witnesses and the production of books and papers at such hearing. Process issued by the commission shall extend to all parts of the state and shall be served by any person designated by the commission for such service. Where, in any proceeding before the hearing officer, any witness fails or refuses to attend upon a subpoena issued by the commission, refuses to testify, or refuses to produce any books and papers the production of which is called for by a subpoena, the attendance of such witness, the giving of his testimony or the production of the books and papers shall be enforced by any court of competent jurisdiction of this state in the manner provided for the enforcement of attendance and testimony of witnesses in civil cases in the courts of this state.
(5) Decision after hearing. The hearing officer shall make written findings of fact and conclusions of law, and shall also recommend in writing to the commission a final decision, including penalties. The hearing officer shall mail a copy of his findings of fact, conclusions of law and recommended penalty to the party and his attorney, or representative. The commission shall make the final decision, which shall be based exclusively on evidence and other materials introduced at the hearing. If it is determined that a party has committed a violation, the commission shall issue a final order and shall impose penalties in accordance with this section. The commission shall send by certified mail, return receipt requested, a copy of the final order to the party and his attorney, or representative. The commission shall, at the request of the school or such party, furnish a copy of the transcript or any part thereof upon payment of the cost thereof.
(6) Civil penalties and administrative sanctions. (a) A hearing officer may recommend, and the commission may impose, a civil penalty not to exceed Two Thousand Five Hundred Dollars ($2,500.00) for any violation of this section. In the case of a second or further violation committed within the previous five (5) years, the liability shall be a civil penalty not to exceed Five Thousand Dollars ($5,000.00) for each such violation.
(b) Notwithstanding the provisions of paragraph (a) of this subsection, a hearing officer may recommend and the commission may impose a civil penalty not to exceed Twenty-five Thousand Dollars ($25,000.00) for any of the following violations: (i) operation of a school without a registration in violation of this chapter; (ii) operation of a school knowing that the school's registration has been suspended or revoked; (iii) use of false, misleading, deceptive or fraudulent advertising; (iv) employment of recruiters on the basis of a commission, bonus or quota, except as authorized by the commission; (v) directing or authorizing recruiters to offer guarantees of jobs upon completion of a course; (vi) failure to make a tuition refund when such failure is part of a pattern of misconduct; or (vii) violation of any other provision of this chapter, or any rule or regulation promulgated pursuant thereto, when such violation constitutes part of a pattern of misconduct which significantly impairs the educational quality of the program or programs being offered by the school. For each enumerated offense, a second or further violation committed within the previous five (5) years shall be subject to a civil penalty not to exceed Fifty Thousand Dollars ($50,000.00) for each such violation.
(c) In addition to the penalties authorized in paragraphs (a) and (b) of this subsection, a hearing officer may recommend and the commission may impose any of the following administrative sanctions: (i) a cease and desist order; (ii) a mandatory direction; (iii) a suspension or revocation of a certificate of registration; (iv) a probation order; or (v) an order of restitution.
(d) The commission may suspend a registration upon the failure of a school to pay any fee, fine or penalty as required by this chapter unless such failure is determined by the commission to be for good cause.
(e) All civil penalties, fines and settlements received shall accrue to the credit of the Commission on Proprietary School and College Registration.
(7) Any penalty or administrative
sanction imposed by the commission under this section may be appealed by the
school, college or other person affected to the Mississippi Community College Board
as provided in Section 75-60-4(3), which appeal shall be on the record
previously made before the commission's hearing officer. All appeals from the
Mississippi Community College Board shall be on the record and shall be filed in
the * * * inferior
courts of the Capitol Complex Improvement District.
SECTION 222. Section 75-45-182, Mississippi Code of 1972, is amended as follows:
75-45-182. (1) When a complaint
is made against a person for violating any of the provisions of this article,
or any of the rules and regulations promulgated hereunder, the Director of the
Commercial Feed Division within the Mississippi Department of Agriculture and
Commerce, or his designee, shall act as the reviewing officer. The complaint
shall be in writing and shall be filed in the office of the Mississippi
Department of Agriculture and Commerce ("department"). The reviewing
officer shall deliver to the accused a copy of the complaint along with any supporting
documents and a request for the accused to respond to the charges within thirty
(30) days after service of the complaint upon the accused. Notification to the
accused may be accomplished by certified mail or by * * * any
of the methods provided in Rule 4 of the Mississippi Rules of Civil Procedure.
The accused shall respond in the form of a written answer along with all supporting
documents. Upon expiration of the thirty-day period, the reviewing officer
shall examine all pleadings and documents filed in the case for the purpose of
determining the merit of the complaint, or the lack thereof. No evidentiary
hearing shall be held at this stage.
If the reviewing officer determines that the complaint lacks merit, he may dismiss same. If he finds that there is substantial evidence showing that a violation of this article or the rules and regulations promulgated hereunder has occurred, the reviewing officer may impose any or all of the following penalties upon the accused: (a) levy a civil penalty in an amount of no more than One Thousand Dollars ($1,000.00) for each violation; (b) revoke or suspend any permit, license or registration issued to the accused under the terms of this article and accompanying regulations; (c) issue a stop sale order; (d) issue a "withdrawal from distribution" order; (e) require the accused to relabel any product offered for sale which is not labeled in accordance with the provisions of this article; or (f) seize any product that is not in compliance with this article and destroy, sell or otherwise dispose of the product and apply the proceeds of any such sale to the costs herein and any civil penalties levied hereunder, with the balance to be paid according to the law. If any costs or penalties assessed hereunder have not been paid, they may be collected through a court system. A copy of the reviewing officer's decision shall be sent to the accused by certified mail. Either the accused or the department may appeal the decision of the reviewing officer to the commissioner by filing a notice of appeal with the department within thirty (30) days of receipt of the reviewing officer's decision. If no appeal is taken from the order of the reviewing officer within the allotted time, the order shall then become final.
(2) In the event of an appeal, the commissioner, or his designee, shall conduct a hearing relative to the charges. At the hearing before the commissioner, or his designee, the matter shall be heard de novo; the department shall have subpoena power, the witnesses shall be placed under oath and shall be subject to direct and cross examination and the testimony shall be recorded. Compliance with such subpoenas may be enforced by any court of general jurisdiction in this state. The commissioner, or his designee, shall receive and hear all the evidence and arguments offered by both parties and shall afford the accused a full opportunity to present all his defenses.
Within a reasonable time after the hearing, the commissioner, or his designee, shall render an opinion, which either affirms, reverses or amends the order of the reviewing officer in whole or in part, and the order shall be final. A copy of the commissioner's order shall be sent to the accused by certified mail.
(3) Either the accused or the
department may appeal the decision of the commissioner or his designee to the
circuit court of the county of the residence of the accused, or if the accused
is a nonresident of the State of Mississippi, to the * * * inferior courts of the Capitol Complex Improvement
District. The appellant shall have the obligation of having the record transcribed
and filing same with the circuit court. The appeal shall otherwise be governed
by all applicable laws and rules affecting appeals to the circuit court. If no
appeal is perfected within the required time, the decision of the commissioner,
or his designee, shall then become final.
(4) The decision of the circuit court may then be appealed by either party to the Mississippi Supreme Court in accordance with the existing law and rules affecting such appeals.
(5) When any violation of this article or the rules and regulations promulgated hereunder occurs or is about to occur that presents a clear and present danger to the public health, safety or welfare requiring immediate action, the commissioner or any of the department's field inspectors may issue an order to be effective immediately before notice and a hearing that imposes any or all of the following penalties upon the accused: (a) a stop sale order; (b) a "withdrawal from distribution" order; (c) a requirement that the accused relabel a product that he is offering for sale which is not labeled in accordance with this article; or (d) the seizure of any product that is not in compliance with this article and the destruction, sale or disposal of the product and the application of the proceeds of such sale to the costs and civil penalties herein, with the balance to be paid according to law. The order shall be served upon the accused in the same manner that the summons and complaint may be served upon him. The accused shall then have thirty (30) days after service of the order upon him within which to request an informal administrative review before the reviewing officer. If the accused makes such a request within the required time, the reviewing officer shall provide an informal administrative review to the accused within ten (10) days after such request is made. If the accused does not request an informal administrative review within such time, then he will be deemed to have waived his right to same. At the informal administrative review, subpoena power shall not be available, witnesses shall not be sworn nor be subject to cross-examination and there shall be no court reporter or record made of the proceedings. Each party may present its case in the form of documents, oral statements or any other method. The rules of evidence shall not apply. The reviewing officer's decision shall be in writing, and it shall be sent to the accused by certified mail. If either party is aggrieved by the order of the reviewing officer, he may appeal to the commissioner for a full evidentiary hearing in accordance with the procedures described in subsection (2) of this section, except that there shall be no requirement for a written complaint or answer to be filed by the parties. Such appeal shall be perfected by filing a notice of appeal with the commissioner within thirty (30) days after the order of the reviewing officer is served on the appealing party. The hearing before the commissioner, or his designee, shall be held within a reasonable time after the appeal has been perfected. Failure to perfect an appeal within the allotted time shall be deemed a waiver of such right.
SECTION 223. Section 93-11-157, Mississippi Code of 1972, is amended as follows:
93-11-157. (1) The division shall review the information received under Section 93-11-155 and any other information available to the division, and shall determine if a licensee is out of compliance with an order for support. If a licensee is out of compliance with the order for support, the division shall notify the licensee by first class mail that ninety (90) days after the licensee receives the notice of being out of compliance with the order, the licensing entity will be notified to immediately suspend the licensee's license unless the licensee pays the arrearage owing, according to the accounting records of the Mississippi Department of Human Services or the attorney representing the party to whom support is due, as the case may be, or enters into a stipulated agreement and agreed judgment establishing a schedule for the payment of the arrearage. The licensee shall be presumed to have received the notice five (5) days after it is deposited in the mail.
(2) Upon receiving the notice provided in subsection (1) of this section the licensee may:
(a) Request a review with the division; however, the issues the licensee may raise at the review are limited to whether the licensee is the person required to pay under the order for support and whether the licensee is out of compliance with the order for support; or
(b) Request to participate in negotiations with the division for the purpose of establishing a payment schedule for the arrearage.
(3) The division director or the designees of the division director may and, upon request of a licensee, shall negotiate with a licensee to establish a payment schedule for the arrearage. Payments made under the payment schedule shall be in addition to the licensee's ongoing obligation under the latest entered periodic order for support.
(4) Should the division and the licensee reach an agreement on a payment schedule for the arrearage, the division director may submit to the court a stipulated agreement and agreed judgment containing the payment schedule which, upon the court's approval, is enforceable as any order of the court. If the court does not approve the stipulated agreement and agreed judgment, the court may require a hearing on a case-by-case basis for the judicial review of the payment schedule agreement.
(5) If the licensee and the division do not reach an agreement on a payment schedule for the arrearage, the licensee may move the court to establish a payment schedule. However, this action does not stay the license suspension.
(6) The notice given to a licensee that the licensee's license will be suspended in ninety (90) days must clearly state the remedies and procedures that are available to a licensee under this section.
(7) If at the end of the ninety (90) days the licensee has an arrearage according to the accounting records of the Mississippi Department of Human Services or the attorney representing the party to whom support is due, as the case may be, and the licensee has not entered into a stipulated agreement and agreed judgment establishing a payment schedule for the arrearage, the division shall immediately notify all applicable licensing entities in writing to suspend the licensee's license, and the licensing entities shall immediately suspend the license and shall within three (3) business days notify the licensee and the licensee's employer, where known, of the license suspension and the date of such suspension by certified mail return receipt requested. Within forty-eight (48) hours of receipt of a request in writing delivered personally, by mail or by electronic means, the department shall furnish to the licensee, licensee's attorney or other authorized representative a copy of the department's accounting records of the licensee's payment history. A licensing entity shall immediately reinstate the suspended license upon the division's notification of the licensing entities in writing that the licensee no longer has an arrearage or that the licensee has entered into a stipulated agreement and agreed judgment.
(8) Within thirty (30) days
after a licensing entity suspends the licensee's license at the direction of
the division under subsection (7) of this section, the licensee may appeal the
license suspension to the chancery court of the county in which the licensee
resides or to the * * *
inferior courts of the Capitol Complex Improvement District upon giving
bond with sufficient sureties in the amount of Two Hundred Dollars ($200.00),
approved by the clerk of the chancery court and conditioned to pay any costs
that may be adjudged against the licensee. Notice of appeal shall be filed in
the office of the clerk of the chancery court. If there is an appeal, the appeal
may, in the discretion of and on motion to the chancery court, act as a supersedeas
of the license suspension. The department shall be the appellee in the appeal,
and the licensing entity shall not be a party in the appeal. The chancery court
shall dispose of the appeal and enter its decision within thirty (30) days of
the filing of the appeal. The hearing on the appeal may, in the discretion of
the chancellor, be tried in vacation. The decision of the chancery court may be
appealed to the Supreme Court in the manner provided by the rules of the
Supreme Court. In the discretion of and on motion to the chancery court, no
person shall be allowed to practice any business, occupation or profession or
take any other action under the authority of any license the suspension of
which has been affirmed by the chancery court while an appeal to the Supreme
Court from the decision of the chancery court is pending.
(9) If a licensee who has entered a stipulated agreement and agreed judgment for the payment of an arrearage under this section subsequently is out of compliance with an order for support, the division shall immediately notify the licensing entity to suspend the licensee's license, and the licensing entity shall immediately suspend the license without a hearing and shall within three (3) business days notify the licensee in writing of the license suspension. In the case of a license suspension under the provisions of this subsection, the procedures provided for under subsections (1) and (2) of this section are not required; however, the appeal provisions of subsection (8) of this section still apply. After suspension of the license, if the licensee subsequently enters into a stipulated agreement and agreed judgment or the licensee otherwise informs the division of compliance with the order for support, the division shall within seven (7) days notify in writing the licensing entity that the licensee is in compliance. Upon receipt of that notice from the division, a licensing entity shall immediately reinstate the license of the licensee and shall within three (3) business days notify the licensee of the reinstatement.
(10) Nothing in this section prohibits a licensee from filing a motion for the modification of an order for support or for any other applicable relief. However, no such action shall stay the license suspension procedure, except as may be allowed under subsection (8) of this section.
(11) If a license is suspended under the provisions of this section, the licensing entity is not required to refund any fees paid by a licensee in connection with obtaining or renewing a license.
(12) The requirement of a licensing entity to suspend a license under this section does not affect the power of the licensing entity to deny, suspend, revoke or terminate a license for any other reason.
(13) The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by this section and not by the general licensing and disciplinary provisions applicable to a licensing entity. Actions taken by a licensing entity in suspending a license when required by this section are not actions from which an appeal may be taken under the general licensing and disciplinary provisions applicable to the licensing entity. Any appeal of a license suspension that is required by this section shall be taken in accordance with the appeal procedure specified in subsection (8) of this section rather than any procedure specified in the general licensing and disciplinary provisions applicable to the licensing entity. If there is any conflict between any provision of this section and any provision of the general licensing and disciplinary provisions applicable to a licensing entity, the provisions of this section shall control.
(14) No license shall be suspended under this section until ninety (90) days after July 1, 1996. This ninety-day period shall be a one-time amnesty period in which any person who may be subject to license suspension under this article may comply with an order of support in order to avoid the suspension of any license.
(15) Any individual who fails to comply with a subpoena or warrant relating to paternity or child support proceedings after receiving appropriate notice may be subject to suspension or withholding of issuance of a license under this section.
SECTION 224. Section 73-6-19, Mississippi Code of 1972, is amended as follows:
73-6-19. (1) The board shall refuse to grant a certificate of licensure to any applicant or may cancel, revoke or suspend the certificate upon the finding of any of the following facts regarding the applicant or licensed practitioner:
(a) Failure to comply with the rules and regulations adopted by the State Board of Chiropractic Examiners;
(b) Violation of any of the provisions of this chapter or any of the rules and regulations of the State Board of Health pursuant to this chapter with regard to the operation and use of x-rays;
(c) Fraud or deceit in obtaining a license;
(d) Addiction to the use of alcohol, narcotic drugs, or anything which would seriously interfere with the competent performance of his professional duties;
(e) Conviction by a court of competent jurisdiction of a felony, other than manslaughter or any violation of the United States Internal Revenue Code;
(f) Unprofessional and unethical conduct;
(g) Contraction of a contagious disease which may be carried for a prolonged period;
(h) Failure to report to the Mississippi Department of Human Services or the county attorney any case wherein there are reasonable grounds to believe that a child or vulnerable adult has been abused by its parent or person responsible for such person's welfare;
(i) Advising a patient to use drugs, prescribing or providing drugs for a patient, or advising a patient not to use a drug prescribed by a licensed physician or dentist;
(j) Professional incompetency in the practice of chiropractic;
(k) Having disciplinary action taken by his peers within any professional chiropractic association or society;
(l) Offering to accept or accepting payment for services rendered by assignment from any third-party payor after offering to accept or accepting whatever the third-party payor covers as payment in full, if the effect of the offering or acceptance is to eliminate or give the impression of eliminating the need for payment by an insured of any required deductions applicable in the policy of the insured;
(m) Associating his practice with any chiropractor who does not hold a valid chiropractic license in Mississippi, or teach chiropractic manipulation to nonqualified persons under Section 73-6-13;
(n) Failure to make payment on chiropractic student loans;
(o) Failure to follow record keeping requirements prescribed in Section 73-6-18;
(p) If the practitioner is certified to provide animal chiropractic treatment, failure to follow guidelines approved by the Mississippi Board of Veterinary Medicine; or
(q) Violation(s) of the provisions of Sections 41-121-1 through 41-121-9 relating to deceptive advertisement by health care practitioners. This paragraph shall stand repealed on July 1, 2025.
(2) Any holder of such certificate or any applicant therefor against whom is preferred any of the designated charges shall be furnished a copy of the complaint and shall receive a formal hearing in Jackson, Mississippi, before the board, at which time he may be represented by counsel and examine witnesses. The board is authorized to administer oaths as may be necessary for the proper conduct of any such hearing. In addition, the board is authorized and empowered to issue subpoenas for the attendance of witnesses and the production of books and papers. The process issued by the board shall extend to all parts of the state. Where in any proceeding before the board any witness shall fail or refuse to attend upon subpoena issued by the board, shall refuse to testify, or shall refuse to produce any books and papers, the production of which is called for by the subpoena, the attendance of such witness and the giving of his testimony and the production of the books and papers shall be enforced by any court of competent jurisdiction of this state in the manner provided for the enforcement of attendance and testimony of witnesses in civil cases in the courts of this state.
(3) In addition to any other investigators the board employs, the board shall appoint one or more licensed chiropractors to act for the board in investigating the conduct relating to the competency of a chiropractor, whenever disciplinary action is being considered for professional incompetence and unprofessional conduct.
(4) Whenever the board finds any person unqualified to practice chiropractic because of any of the grounds set forth in subsection (1) of this section, after a hearing has been conducted as prescribed by this section, the board may enter an order imposing one or more of the following:
(a) Deny his application for a license or other authorization to practice chiropractic;
(b) Administer a public or private reprimand;
(c) Suspend, limit or restrict his license or other authorization to practice chiropractic for up to five (5) years;
(d) Revoke or cancel his license or other authorization to practice chiropractic;
(e) Require him to submit to care, counseling or treatment by physicians or chiropractors designated by the board, as a condition for initial, continued or renewal of licensure or other authorization to practice chiropractic;
(f) Require him to participate in a program of education prescribed by the board; or
(g) Require him to practice under the direction of a chiropractor designated by the board for a specified period of time.
(5) Any person whose application
for a license or whose license to practice chiropractic has been cancelled, revoked
or suspended by the board within thirty (30) days from the date of such final decision
shall have the right of a de novo appeal to the circuit court of his county of residence
or the * * * inferior
courts of the Capitol Complex Improvement District. If there is an appeal,
such appeal may, in the discretion of and on motion to the circuit court, act as
a supersedeas. The circuit court shall dispose of the appeal and enter its decision
promptly. The hearing on the appeal may, in the discretion of the circuit judge,
be tried in vacation. Either party shall have the right of appeal to the Supreme
Court as provided by law from any decision of the circuit court.
(6) In a proceeding conducted under this section by the board for the revocation, suspension or cancellation of a license to practice chiropractic, after a hearing has been conducted as prescribed by this section, the board shall have the power and authority for the grounds stated in subsection (1) of this section, with the exception of paragraph (c) thereof, to assess and levy upon any person licensed to practice chiropractic in the state a monetary penalty in lieu of such revocation, suspension or cancellation, as follows:
(a) For the first violation, a monetary penalty of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) for each violation.
(b) For the second and each subsequent violation, a monetary penalty of not less than One Thousand Dollars ($1,000.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00) for each violation.
The power and authority of the board to assess and levy such monetary penalties under this section shall not be affected or diminished by any other proceeding, civil or criminal, concerning the same violation or violations. A licensee shall have the right of appeal from the assessment and levy of a monetary penalty as provided in this section to the circuit court under the same conditions as a right of appeal is provided for in this section for appeals from an adverse ruling, or order, or decision of the board. Any monetary penalty assessed and levied under this section shall not take effect until after the time for appeal has expired, and an appeal of the assessment and levy of such a monetary penalty shall act as a supersedeas.
(7) In addition to the grounds specified in subsection (1) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or 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. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 225. Section 73-1-29, Mississippi Code of 1972, is amended as follows:
73-1-29. (1) The board, upon satisfactory proof and in accordance with this chapter and the regulations of the board, is authorized to take the disciplinary actions provided for hereinafter against any person for any of the following reasons:
(a) Violating any of the provisions of Sections 73-1-1 through 73-1-43 or the bylaws, rules, regulations or standards of ethics or conduct duly adopted by the board pertaining to the practice of architecture;
(b) Obtaining a certificate of registration by fraud, deceit or misrepresentation;
(c) Gross negligence, malpractice, incompetency or misconduct in the practice of architecture;
(d) Any professional misconduct, as defined by the board through bylaws, rules and regulations, and standards of conduct and ethics; (professional misconduct may not be defined to include bidding by architects for contracts based on price);
(e) Practicing or offering to practice architecture on an expired certificate or while under suspension or revocation of certificate unless such suspension or revocation is abated through probation, as provided for hereinafter;
(f) Practicing architecture under an assumed or fictitious name;
(g) Being convicted by any court of a felony, except conviction of culpable negligent manslaughter, in which case the record of conviction shall be conclusive evidence;
(h) Willfully misleading or defrauding any person employing him as an architect by any artifice or false statement; or
(i) Having undisclosed financial or personal interests which compromise his obligation to his client.
(2) Any person may prefer charges against any other person for committing any of the acts set forth in subsection (1). Such charges need not be sworn to, may be made upon actual knowledge or upon information and belief, and must be filed with the board. If any person licensed under Sections 73-1-1 through 73-1-43 is expelled from membership in any Mississippi or national professional architectural society or association, the board shall thereafter cite such person to appear at a hearing before the board to show cause why disciplinary action should not be taken against that person.
The board shall investigate all charges filed with it and, upon finding reasonable cause to believe that the charges are not frivolous, unfounded or filed in bad faith, may cause a hearing to be held, at a time and place fixed by the board, regarding the charges and may compel the accused by subpoena to appear before the board to respond to the charges.
No disciplinary action may be taken until the accused has been furnished both a statement of the charges against him and notice of the time and place of the hearing thereof, which shall be personally served on the accused or mailed by registered or certified mail, return receipt requested, to the last known business or residence address of the accused not less than thirty (30) days prior to the date of the hearing.
(3) At any hearing held hereunder, the board, upon application and approval of the chancery court, shall have the power to subpoena witnesses and compel their attendance and may also require the production of books, papers and other documents, as provided in this chapter. The hearing shall be conducted before the full board with the president of the board serving as the presiding judge. Counsel for the board shall present all evidence relating to the charges. All evidence shall be presented under oath, which may be administered by any member of the board, and thereafter the proceedings may, if necessary, be transcribed in full by the court reporter and filed as part of the record in the case. Copies of such transcriptions may be provided to any party to the proceedings at a cost fixed by the board.
All witnesses who are subpoenaed and who appear in any proceedings before the board shall receive the same fees and mileage as allowed by law in judicial civil proceedings, and all such fees shall be taxed as part of the costs in the case.
If in any proceeding before the board any witness fails or refuses to attend upon subpoena issued by the board, refuses to testify, or refuses to produce any books and papers the production of which is called for by the subpoena, the attendance of such witness and the giving of his testimony and the production of the books and papers shall be enforced by any court of competent jurisdiction of this state in the manner provided for the enforcement of attendance and testimony of witnesses in civil cases in the courts of this state.
The accused shall have the right to be present at the hearing in person, by counsel or other representative, or both. The accused shall have the right to present evidence and to examine and cross-examine all witnesses. The board may continue or recess the hearing as may be necessary.
(4) At the conclusion of the hearing, the board may either decide the issue at that time or take the case under advisement for further deliberation. The board shall render its decision not more than forty-five (45) days after the close of the hearing and shall forward to the last known business or residence address of the accused by certified or registered mail, return receipt requested, a written statement of the decision of the board.
If a majority of the board finds the accused guilty of the charges filed, the board may:
(a) Issue a public or private reprimand;
(b) Suspend or revoke the certificate of the accused, if the accused is a registrant; or
(c) In lieu of or in addition to such reprimand, suspension or revocation, assess and levy upon the guilty party a monetary penalty of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00) for each violation.
(5) A monetary penalty assessed and levied under this section shall be paid to the board upon the expiration of the period allowed for appeal of such penalties under this section, or may be paid sooner if the guilty party elects. Money collected by the board under this section shall be deposited to the credit of the special fund created in Section 73-1-43, Mississippi Code of 1972.
When payment of such
monetary penalty assessed and levied by the board is delinquent, the board
shall have the power to institute and maintain proceedings in its name for enforcement
of payment in the chancery court of the county of residence of the guilty party.
If the guilty party is a nonresident of the State of Mississippi, such proceedings
shall be in the * * * inferior
courts of the Capitol Complex Improvement District.
(6) When the board has taken a disciplinary action under this section, the board may stay such action and place the guilty party on probation for a period not to exceed one (1) year upon condition that the guilty party shall not further violate either the laws of the State of Mississippi pertaining to the practice of architecture or the bylaws, rules and regulations, or standards of conduct and ethics promulgated by the board.
(7) The board may assess and tax any part or all of the costs of any disciplinary proceedings conducted under this section against the accused if the accused is found guilty of the charges.
(8) The power and authority of the board to assess and levy the monetary penalties provided for in this section shall not be affected or diminished by any other proceeding, civil or criminal, concerning the same violation or violations except as provided in this section.
(9) The board, for sufficient cause, may reissue a revoked certificate of registration by a majority vote of the board members; but in no event shall a revoked certificate be issued within two (2) years of the revocation. A new certificate of registration required to replace a revoked, lost, mutilated or destroyed certificate may be issued, subject to the rules of the board, for a charge not to exceed Ten Dollars ($10.00).
(10) In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the certificate of registration of any person for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a certificate for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a certificate suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a certificate suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 226. Section 73-73-31, Mississippi Code of 1972, is amended as follows:
73-73-31. (1) The board may revoke, suspend or annul the certificate of a Mississippi Certified Interior Designer or reprimand, censure or otherwise discipline a Mississippi Certified Interior Designer.
(2) The board and IDAC, upon satisfactory proof and in accordance with the provisions of this chapter, may take any necessary disciplinary actions against any Mississippi Certified Interior Designer for any of the following reasons:
(a) Violating any of the provisions of this chapter, or the bylaws, rules, regulations or standards of ethics or conduct duly adopted and promulgated by IDAC pertaining to using the title Mississippi Certified Interior Designer;
(b) Obtaining or attempting to obtain a certificate as a Mississippi Certified Interior Designer by fraud, deceit or misrepresentation;
(c) Gross negligence, malpractice, incompetence or misconduct by a Mississippi Certified Interior Designer;
(d) Any professional misconduct, as defined by IDAC through bylaws, rules and regulations and standards of conduct and ethics;
(e) Use of the term Mississippi Certified Interior Designer on an expired certificate or while under suspension or revocation of a certificate unless such suspension or revocation is abated through probation, as provided for in this chapter;
(f) Use of the term Mississippi Certified Interior Designer under an assumed or fictitious name;
(g) Being convicted by any court of a felony, except conviction of culpable negligent manslaughter, in which case the record of conviction shall be conclusive evidence;
(h) Willfully misleading or defrauding any person employing him or her as a Mississippi Certified Interior Designer by any artifice or false statement; or
(i) Having any undisclosed financial or personal interest which compromises his obligation to his client.
(3) Any person may prefer charges against any other person for committing any of the acts set forth in this section. The charges, which need not be sworn to, may be made upon actual knowledge, or upon information and belief, and must be filed with the board. If any person certified under this chapter is expelled from membership in any Mississippi or national professional interior design society or association, the board and IDAC shall thereafter cite such person to appear at a hearing before the board and IDAC to show cause why disciplinary action should not be taken against that person.
The board and IDAC shall investigate all charges filed with it and, upon finding reasonable cause to believe that the charges are not frivolous, unfounded or filed in bad faith, may cause, in its discretion, a hearing to be held at a time and place fixed by the board regarding the charges. The board may compel, by subpoena, the accused to appear before the board to respond to the charges.
No disciplinary action may be taken until the accused has been furnished with both a statement of the charges against him and notice of the time and place of the hearing on those charges, which must be served personally on the accused or mailed by registered or certified mail, return receipt requested, to the last known business or residence address of the accused not less than thirty (30) days before the date fixed for the hearing.
(4) At a hearing held under this section, the board may subpoena witnesses and compel their attendance and require the production of any books, papers or documents. The hearing must be conducted before the full board and IDAC with the president of the board serving as the presiding officer. Counsel for the board shall present all evidence relating to the charges. All evidence must be presented under oath, which may be administered by any member of the board. The proceedings, if necessary, may be transcribed in full by a court reporter and filed as part of the record in the case. Copies of the transcription may be provided to any party to the proceedings at a cost to be fixed by the board.
All witnesses who are subpoenaed and who appear in any proceeding before the board shall receive the same fee and mileage as allowed by law in judicial civil proceedings, and all such fees shall be taxed as part of the costs of the case.
In any proceedings before the board in which any witness fails or refuses to attend upon a subpoena issued by the board or refuses to testify or to produce any books and papers, the production of which is called for by the subpoena, the attendance of the witness and the giving of his testimony and the production of the books and papers shall be enforced by any court of competent jurisdiction of this state in the manner provided for the enforcement of attendance and testimony of witnesses in civil cases in the courts of this state.
The accused shall have the right to be present at the hearing in person, by counsel or other representative, or both. The accused shall have the right to present evidence and to examine and cross-examine all witnesses. The board may continue or recess the hearing as may be necessary.
(5) At the conclusion of the hearing, the board may either decide the issue at the time or take the case under advisement for further deliberation. The board must render its decision not more than forty-five (45) days after the close of the hearing and shall forward to the last known business or residence address of the accused by certified or registered mail, return receipt requested, a written statement of the decision of the board.
If a majority of the board finds the accused guilty of the charges filed, the board may:
(a) Issue a public or private reprimand;
(b) Suspend or revoke the certificate of the accused, if the accused is a Mississippi Certified Interior Designer; or
(c) In lieu of or in addition to such reprimand, suspension or revocation, assess and levy upon the guilty party a monetary penalty of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00) for each violation.
(6) A monetary penalty assessed and levied under this section must be paid to the board within thirty (30) days. Money collected by the board under this section and all fines shall be deposited into the account of the board.
When payment of a monetary
penalty assessed and levied by the board under this section is not paid when
due, the board may institute and maintain proceedings in its name for enforcement
of payment in the chancery court of the county of the residence of the guilty
party. If the guilty party is a nonresident of the State of Mississippi, the proceedings
must be instituted in the * * * Chancery Court of the First Judicial District of Hinds County, Mississippi
inferior courts of the Capitol Complex Improvement District.
(7) When the board has taken a disciplinary action under this section, the board, in its discretion, may stay the action and place the guilty party on probation for a period not to exceed one (1) year, upon the condition that the guilty party shall not further violate either the law of the State of Mississippi pertaining to the use of the term Mississippi Certified Interior Designer or the rules and regulations or standards of conduct and ethics promulgated by IDAC and the board.
(8) The board, in its discretion, may assess and tax any part of all costs of any disciplinary proceedings conducted under this section against the accused if the accused is found guilty of the charges.
(9) The power and authority of the board to assess and levy the monetary penalties provided for in this section shall not be affected or diminished by any other proceedings, civil or criminal, concerning the same violation or violations except as provided in this section.
(10) The board, on the recommendation of IDAC, for sufficient cause, may reissue a revoked certificate by an affirmative vote of a majority of the board members; however, a revoked certificate may not be issued within two (2) years of the revocation under any circumstances. A new certificate required to replace a revoked certificate may be issued, subject to the rules of the board, for a charge established by the rules and regulations set forth by IDAC.
(11) In addition to the reasons specified in this section, the board may suspend the certificate of any person for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a certificate for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a certificate suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a certificate suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
The board, for reasons it may deem sufficient, may reissue a certificate to any person whose certificate has been suspended or revoked if three (3) or more members of the board vote in favor of the reissuance. The procedure for the reissuance of a certificate that is suspended for being out of compliance with an order for support, as defined in Section 93-11-153, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.
SECTION 227. Section 73-21-103, Mississippi Code of 1972, is amended as follows:
73-21-103. (1) Upon the finding of the existence of grounds for action against any permitted facility or discipline of any person holding a license, registration or permit, seeking a license, registration or permit, seeking to renew a license or permit under the provisions of this chapter, or practicing or doing business without a license, registration or permit, the board may impose one or more of the following penalties:
(a) Suspension of the offender's license, registration and/or permit for a term to be determined by the board;
(b) Revocation of the offender's license, registration and/or permit;
(c) Restriction of the offender's license, registration and/or permit to prohibit the offender from performing certain acts or from engaging in the practice of pharmacy in a particular manner for a term to be determined by the board;
(d) Imposition of a monetary penalty as follows:
(i) For the first violation, a monetary penalty of not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) for each violation;
(ii) For the second violation and subsequent violations, a monetary penalty of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00) for each violation.
Money collected by the board under paragraph (d)(i), (ii) and (iv) of this section shall be deposited to the credit of the State General Fund of the State Treasury;
(iii) The board may assess a monetary penalty for those reasonable costs that are expended by the board in the investigation and conduct of a proceeding for licensure revocation, suspension or restriction, including, but not limited to, the cost of process service, court reporters, expert witnesses and investigators.
Money collected by the board under paragraph (d)(iii) of this section, shall be deposited to the credit of the Special Fund of the Pharmacy Board;
(iv) The board may impose a monetary penalty for those facilities/businesses registered with the Pharmacy Board as wholesalers/manufacturers of not less than Three Hundred Dollars ($300.00) per violation and not more than Fifty Thousand Dollars ($50,000.00) per violation;
(v) The board may impose a monetary penalty for any dispenser, pharmacist or practitioner licensed to dispense controlled substance and specified noncontrolled substance drugs, who knowingly fails to submit drug monitoring information or knowingly submits incorrect dispensing information of not more than Ten Thousand Dollars ($10,000.00) per violation. Any penalty collected under this subparagraph (v) shall be deposited into the special fund of the State Pharmacy Board to support the operations of the Prescription Monitoring Program (PMP);
(vi) The board may impose a monetary penalty for any person who obtains prescription information and who knowingly discloses this information for misuse or purposely alters the reporting information, or uses the PMP in any manner other than for which it was intended, of not more than Fifty Thousand Dollars ($50,000.00) per violation. Any penalty collected under this subparagraph (vi) shall be deposited into the special fund of the State Board of Pharmacy and used to support the operations of the Prescription Monitoring Program;
(vii) The board may impose a monetary penalty of not more than One Thousand Dollars ($1,000.00) per day upon any person or business that practices or does business without the license, registration or permit required by this chapter.
(e) Refusal to renew offender's license, registration and/or permit;
(f) Placement of the offender on probation and supervision by the board for a period to be determined by the board;
(g) Public or private reprimand.
Whenever the board imposes any penalty under this subsection, the board may require rehabilitation and/or additional education as the board may deem proper under the circumstances, in addition to the penalty imposed.
(2) Any person whose license, registration and/or permit has been suspended, revoked or restricted pursuant to this chapter, whether voluntarily or by action of the board, shall have the right to petition the board at reasonable intervals for reinstatement of such license, registration and/or permit. Such petition shall be made in writing and in the form prescribed by the board. Upon investigation and hearing, the board may, in its discretion, grant or deny such petition, or it may modify its original finding to reflect any circumstances which have changed sufficiently to warrant such modifications. The procedure for the reinstatement of a license, registration or permit that is suspended for being out of compliance with an order for support, as defined in Section 93-11-153, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.
(3) Nothing herein shall be construed as barring criminal prosecutions for violation of this chapter where such violations are deemed as criminal offenses in other statutes of this state or of the United States.
(4) A monetary penalty assessed and levied under this section shall be paid to the board by the licensee, registrant or permit holder upon the expiration of the period allowed for appeal of such penalties under Section 73-21-101, or may be paid sooner if the licensee, registrant or permit holder elects.
(5) When payment of a monetary
penalty assessed and levied by the board against a licensee, registrant or
permit holder in accordance with this section is not paid by the licensee,
registrant or permit holder when due under this section, the board shall have
the power to institute and maintain proceedings in its name for enforcement of
payment in the chancery court of the county and judicial district of residence
of the licensee, registrant or permit holder, or if the licensee, registrant or
permit holder is a nonresident of the State of Mississippi, in the * * * inferior courts of the Capitol Complex Improvement
District. When such proceedings are instituted, the board shall certify the
record of its proceedings, together with all documents and evidence, to the
chancery court and the matter shall thereupon be heard in due course by the
court, which shall review the record and make its determination thereon. The hearing
on the matter may, in the discretion of the chancellor, be tried in vacation.
(6) The board shall develop and implement a uniform penalty policy which shall set the minimum and maximum penalty for any given violation of board regulations and laws governing the practice of pharmacy. The board shall adhere to its uniform penalty policy except in such cases where the board specifically finds, by majority vote, that a penalty in excess of, or less than, the uniform penalty is appropriate. Such vote shall be reflected in the minutes of the board and shall not be imposed unless such appears as having been adopted by the board.
SECTION 228. Section 41-7-201, Mississippi Code of 1972, is amended as follows:
41-7-201. (1) The provisions of this subsection (1) shall apply to any party appealing any final order of the State Department of Health pertaining to a certificate of need for a home health agency, as defined in Section 41-7-173(h)(ix):
(a) In addition to
other remedies now available at law or in equity, any party aggrieved by any such
final order of the State Department of Health shall have the right of appeal to
the * * * inferior
courts of the Capitol Complex Improvement District, which appeal must be filed
within thirty (30) days after the date of the final order. Provided, however,
that any appeal of an order disapproving an application for such a certificate of
need may be made to the chancery court of the county where the proposed construction,
expansion or alteration was to be located or the new service or purpose of the
capital expenditure was to be located. Such appeal must be filed in accordance
with the thirty (30) days for filing as heretofore provided. Any appeal shall
state briefly the nature of the proceedings before the State Department of
Health and shall specify the order complained of. Any appeal shall state
briefly the nature of the proceedings before the State Department of Health and
shall specify the order complained of. Any person whose rights may be materially
affected by the action of the State Department of Health may appear and become
a party or the court may, upon motion, order that any such person, organization
or entity be joined as a necessary party.
(b) Upon the filing of such an appeal, the clerk of the chancery court shall serve notice thereof upon the State Department of Health, whereupon the State Department of Health shall, within thirty (30) days or within such additional time as the court may by order for cause allow from the service of such notice, certify to the chancery court the record in the case, which records shall include a transcript of all testimony, together with all exhibits or copies thereof, all pleadings, proceedings, orders, findings and opinions entered in the case; provided, however, that the parties and the State Department of Health may stipulate that a specified portion only of the record shall be certified to the court as the record on appeal.
(c) The court may dispose of the appeal in termtime or vacation and may sustain or dismiss the appeal, modify or vacate the order complained of, in whole or in part, as the case may be; but in case the order is wholly or partly vacated, the court may also, in its discretion, remand the matter to the State Department of Health for such further proceedings, not inconsistent with the court's order, as, in the opinion of the court, justice may require. The order shall not be vacated or set aside, either in whole or in part, except for errors of law, unless the court finds that the order of the State Department of Health is not supported by substantial evidence, is contrary to the manifest weight of the evidence, is in excess of the statutory authority or jurisdiction of the State Department of Health, or violates any vested constitutional rights of any party involved in the appeal. Provided, however, an order of the chancery court reversing the denial of a certificate of need by the State Department of Health shall not entitle the applicant to effectuate the certificate of need until either:
(i) Such order of the chancery court has become final and has not been appealed to the Supreme Court; or
(ii) The Supreme Court has entered a final order affirming the chancery court.
(d) Appeals in accordance with law may be had to the Supreme Court of the State of Mississippi from any final judgment of the chancery court.
(2) The provisions of this subsection (2) shall apply to any party appealing any final order of the State Department of Health pertaining to a certificate of need for any health care facility as defined in Section 41-7-173(h), with the exception of any home health agency as defined in Section 41-7-173(h)(ix):
(a) There shall be a "stay of proceedings" of any final order issued by the State Department of Health pertaining to the issuance of a certificate of need for the establishment, construction, expansion or replacement of a health care facility for a period of thirty (30) days from the date of the order, if an existing provider located in the same service area where the health care facility is or will be located has requested a hearing during the course of review in opposition to the issuance of the certificate of need. The stay of proceedings shall expire at the termination of thirty (30) days; however, no construction, renovation or other capital expenditure that is the subject of the order shall be undertaken, no license to operate any facility that is the subject of the order shall be issued by the licensing agency, and no certification to participate in the Title XVII or Title XIX programs of the Social Security Act shall be granted, until all statutory appeals have been exhausted or the time for such appeals has expired. Notwithstanding the foregoing, the filing of an appeal from a final order of the State Department of Health or the chancery court for the issuance of a certificate of need shall not prevent the purchase of medical equipment or development or offering of institutional health services granted in a certificate of need issued by the State Department of Health.
(b) In addition to
other remedies now available at law or in equity, any party aggrieved by such
final order of the State Department of Health shall have the right of appeal to
the * * * inferior
courts of the Capitol Complex Improvement District, which appeal must be
filed within twenty (20) days after the date of the final order. Provided,
however, that any appeal of an order disapproving an application for such a certificate
of need may be made to the chancery court of the county where the proposed
construction, expansion or alteration was to be located or the new service or
purpose of the capital expenditure was to be located. Such appeal must be filed
in accordance with the twenty (20) days for filing as heretofore provided. Any
appeal shall state briefly the nature of the proceedings before the State
Department of Health and shall specify the order complained of.
(c) Upon the filing of such an appeal, the clerk of the chancery court shall serve notice thereof upon the State Department of Health, whereupon the State Department of Health shall, within thirty (30) days of the date of the filing of the appeal, certify to the chancery court the record in the case, which records shall include a transcript of all testimony, together with all exhibits or copies thereof, all proceedings, orders, findings and opinions entered in the case; provided, however, that the parties and the State Department of Health may stipulate that a specified portion only of the record shall be certified to the court as the record on appeal. The chancery court shall give preference to any such appeal from a final order by the State Department of Health in a certificate of need proceeding, and shall render a final order regarding such appeal no later than one hundred twenty (120) days from the date of the final order by the State Department of Health. If the chancery court has not rendered a final order within this one-hundred-twenty-day period, then the final order of the State Department of Health shall be deemed to have been affirmed by the chancery court, and any party to the appeal shall have the right to appeal from the chancery court to the Supreme Court on the record certified by the State Department of Health as otherwise provided in paragraph (g) of this subsection. In the event the chancery court has not rendered a final order within the one-hundred-twenty-day period and an appeal is made to the Supreme Court as provided herein, the Supreme Court shall remand the case to the chancery court to make an award of costs, fees, reasonable expenses and attorney's fees incurred in favor of appellee payable by the appellant(s) should the Supreme Court affirm the order of the State Department of Health.
(d) Any appeal of a final order by the State Department of Health in a certificate of need proceeding shall require the giving of a bond by the appellant(s) sufficient to secure the appellee against the loss of costs, fees, expenses and attorney's fees incurred in defense of the appeal, approved by the chancery court within five (5) days of the date of filing the appeal.
(e) No new or additional evidence shall be introduced in the chancery court but the case shall be determined upon the record certified to the court.
(f) The court may dispose of the appeal in termtime or vacation and may sustain or dismiss the appeal, modify or vacate the order complained of in whole or in part and may make an award of costs, fees, expenses and attorney's fees, as the case may be; but in case the order is wholly or partly vacated, the court may also, in its discretion, remand the matter to the State Department of Health for such further proceedings, not inconsistent with the court's order, as, in the opinion of the court, justice may require. The court, as part of the final order, shall make an award of costs, fees, reasonable expenses and attorney's fees incurred in favor of appellee payable by the appellant(s) should the court affirm the order of the State Department of Health. The order shall not be vacated or set aside, either in whole or in part, except for errors of law, unless the court finds that the order of the State Department of Health is not supported by substantial evidence, is contrary to the manifest weight of the evidence, is in excess of the statutory authority or jurisdiction of the State Department of Health, or violates any vested constitutional rights of any party involved in the appeal. Provided, however, an order of the chancery court reversing the denial of a certificate of need by the State Department of Health shall not entitle the applicant to effectuate the certificate of need until either:
(i) Such order of the chancery court has become final and has not been appealed to the Supreme Court; or
(ii) The Supreme Court has entered a final order affirming the chancery court.
(g) Appeals in accordance with law may be had to the Supreme Court of the State of Mississippi from any final judgment of the chancery court. The Supreme Court must give preference and conduct an expedited judicial review of an appeal of a final order of the chancery court relating to a certificate of need proceeding and must render a final order regarding the appeal no later than one hundred twenty (120) days from the date the final order by the chancery court is certified to the Supreme Court. The Supreme Court shall consider such appeals in an expeditious manner without regard to position on the court docket.
(h) Within thirty (30) days from the date of a final order by the Supreme Court or a final order of the chancery court not appealed to the Supreme Court that modifies or wholly or partly vacates the final order of the State Department of Health granting a certificate of need, the State Department of Health shall issue another order in conformity with the final order of the Supreme Court, or the final order of the chancery court not appealed to the Supreme Court.
SECTION 229. Section 73-2-16, Mississippi Code of 1972, is amended as follows:
73-2-16. (1) The board shall also have the power to revoke, suspend or annul the certificate or registration of a landscape architect or reprimand, censure or otherwise discipline a landscape architect.
(2) The board, upon satisfactory proof and in accordance with the provisions of this chapter, may take the disciplinary actions against any registered landscape architect for any of the following reasons:
(a) Violating any of the provisions of Sections 73-2-1 through 73-2-21 or the implementing bylaws, rules, regulations or standards of ethics or conduct duly adopted and promulgated by the board pertaining to the practice of landscape architecture;
(b) Fraud, deceit or misrepresentation in obtaining a certificate of registration;
(c) Gross negligence, malpractice, incompetency or misconduct in the practice of landscape architecture;
(d) Any professional misconduct, as defined by the board through bylaws, rules and regulations and standards of conduct and ethics (professional misconduct shall not be defined to include bidding on contracts for a price);
(e) Practicing or offering to practice landscape architecture on an expired license or while under suspension or revocation of a license unless said suspension or revocation be abated through probation;
(f) Practicing landscape architecture under an assumed or fictitious name;
(g) Being convicted by any court of a felony, except conviction of culpable negligent manslaughter, in which case the record of conviction shall be conclusive evidence;
(h) Willfully misleading or defrauding any person employing him as a landscape architect by any artifice or false statement;
(i) Having undisclosed financial or personal interest which compromises his obligation to his client;
(j) Obtaining a certificate by fraud or deceit; or
(k) Violating any of the provisions of this chapter.
(3) Any person may prefer charges against any other person for committing any of the acts set forth in subsection (2). Such charges need not be sworn to, may be made upon actual knowledge, or upon information and belief, and shall be filed with the board. In the event any person licensed under Sections 73-2-1 through 73-2-21 is expelled from membership in any Mississippi or national professional landscape architectural society or association, the board shall thereafter cite said person to appear at a hearing before the board and to show cause why disciplinary action should not be taken against that person.
The board shall investigate all charges filed with it and, upon finding reasonable cause to believe that the charges are not frivolous, unfounded or filed in bad faith, may, in its discretion, cause a hearing to be held, at a time and place fixed by the board, regarding the charges and may compel the accused by subpoena to appear before the board to respond to said charges.
No disciplinary action taken hereunder may be taken until the accused has been furnished both a statement of the charges against him and notice of the time and place of the hearing thereof, which shall be personally served on the accused or mailed by registered or certified mail, return receipt requested, to the last known business or residence address of the accused not less than thirty (30) days prior to the date fixed for the hearing.
(4) At any hearing held under the provisions of this section, the board shall have the power to subpoena witnesses and compel their attendance and require the production of any books, papers or documents. The hearing shall be conducted before the full board with the president of the board serving as the presiding judge. Counsel for the board shall present all evidence relating to the charges. All evidence shall be presented under oath, which may be administered by any member of the board, and thereafter the proceedings may, if necessary, be transcribed in full by the court reporter and filed as part of the record in the case. Copies of such transcription may be provided to any party to the proceedings at a cost to be fixed by the board.
All witnesses who shall be subpoenaed and who shall appear in any proceedings before the board shall receive the same fees and mileage as allowed by law in judicial civil proceedings, and all such fees shall be taxed as part of the costs of the case.
Where in any proceedings before the board any witness shall fail or refuse to attend upon subpoena issued by the board, shall refuse to testify or shall refuse to produce any books and papers, the production of which is called for by the subpoena, the attendance of such witness and the giving of his testimony and the production of the books and papers shall be enforced by any court of competent jurisdiction of this state in the manner provided for the enforcement of attendance and testimony of witnesses in civil cases in the courts of this state.
The accused shall have the right to be present at the hearing in person, by counsel or other representative, or both. The accused shall have the right to present evidence and to examine and cross-examine all witnesses. The board is authorized to continue or recess the hearing as may be necessary.
(5) At the conclusion of the hearing, the board may either decide the issue at that time or take the case under advisement for further deliberation. The board shall render its decision not more than forty-five (45) days after the close of the hearing, and shall forward to the last known business or residence address of the accused by certified or registered mail, return receipt requested, a written statement of the decision of the board.
If a majority of the board finds the accused guilty of the charges filed, the board may: (a) issue a public or private reprimand; (b) suspend or revoke the license of the accused, if the accused is a registrant; or (c) in lieu of or in addition to such reprimand, suspension or revocation, assess and levy upon the guilty party a monetary penalty of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00) for each violation.
(6) A monetary penalty assessed and levied under this section shall be paid to the board upon the expiration of the period allowed for appeal of such penalties under this section, or may be paid sooner if the guilty party elects. Money collected by the board under this section shall be deposited to the credit of the board's general operating fund.
When payment of a monetary
penalty assessed and levied by the board in accordance with this section is not
paid when due, the board shall have the power to institute and maintain proceedings
in its name for enforcement of payment in the chancery court of the county and
judicial district of the residence of the guilty party and if the guilty party
be a nonresident of the State of Mississippi, such proceedings shall be in the * * * inferior courts of the Capitol Complex Improvement District.
(7) When the board has taken a disciplinary action under this section, the board may, in its discretion, stay such action and place the guilty party on probation for a period not to exceed one (1) year upon the condition that the guilty party shall not further violate either the law of the State of Mississippi pertaining to the practice of landscape architecture or the bylaws, rules and regulations, or standards of conduct and ethics promulgated by the board.
(8) The board, in its discretion, may assess and tax any part or all of the costs of any disciplinary proceedings conducted under this section against the accused, if the accused is found guilty of the charges.
(9) The power and authority of the board to assess and levy the monetary penalties provided for in this section shall not be affected or diminished by any other proceeding, civil or criminal, concerning the same violation or violations except as provided in this section.
(10) The board, for sufficient cause, may reissue a revoked license of registration whenever a majority of the board members vote to do so but in no event shall a revoked license be issued within two (2) years of the revocation. A new license of registration required to replace a revoked, lost, mutilated or destroyed license may be issued, subject to the rules of the board, for a charge not to exceed Twenty-five Dollars ($25.00).
(11) The board may direct the advisory committee to review and investigate any charges brought against any landscape architect under this chapter and to hold the hearings provided for in this section and to make findings of fact and recommendations to the board concerning the disposition of such charges.
(12) Nothing herein contained shall preclude the board or advisory committee from initiating proceedings in any case. The advisory committee shall furnish legal advice and assistance to the board whenever such service is requested.
(13) In addition to the reasons specified in subsection (2) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or 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. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 230. Section 73-9-61, Mississippi Code of 1972, is amended as follows:
73-9-61. (1) Upon satisfactory proof, and in accordance with statutory provisions elsewhere set out for such hearings and protecting the rights of the accused as well as the public, the State Board of Dental Examiners may deny the issuance or renewal of a license or may revoke or suspend the license of any licensed dentist or dental hygienist practicing in the State of Mississippi, or take any other action in relation to the license as the board may deem proper under the circumstances, for any of the following reasons:
(a) Misrepresentation in obtaining a license, or attempting to obtain, obtaining, attempting to renew or renewing a license or professional credential by making any material misrepresentation, including the signing in his or her professional capacity any certificate that is known to be false at the time he or she makes or signs the certificate.
(b) Willful violation of any of the rules or regulations duly promulgated by the board, or of any of the rules or regulations duly promulgated by the appropriate dental licensure agency of another state or jurisdiction.
(c) Being impaired in the ability to practice dentistry or dental hygiene with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition.
(d) Administering, dispensing or prescribing any prescriptive medication or drug outside the course of legitimate professional dental practice.
(e) Being convicted or found guilty of or entering a plea of nolo contendere to, regardless of adjudication, a violation of any federal or state law regulating the possession, distribution or use of any narcotic drug or any drug considered a controlled substance under state or federal law, a certified copy of the conviction order or judgment rendered by the trial court being prima facie evidence thereof, notwithstanding the pendency of any appeal.
(f) Practicing incompetently or negligently, regardless of whether there is actual harm to the patient.
(g) Being convicted or found guilty of or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction that relates to the practice of dentistry or dental hygiene, a certified copy of the conviction order or judgment rendered by the trial court being prima facie evidence thereof, notwithstanding the pendency of any appeal.
(h) Being convicted or found guilty of or entering a plea of nolo contendere to, regardless of adjudication, a felony in any jurisdiction, a certified copy of the conviction order or judgment rendered by the trial court being prima facie evidence thereof, notwithstanding the pendency of any appeal.
(i) Delegating professional responsibilities to a person who is not qualified by training, experience or licensure to perform them.
(j) The refusal of a licensing authority of another state or jurisdiction to issue or renew a license, permit or certificate to practice dentistry or dental hygiene in that jurisdiction or the revocation, suspension or other restriction imposed on a license, permit or certificate issued by the licensing authority that prevents or restricts practice in that jurisdiction, a certified copy of the disciplinary order or action taken by the other state or jurisdiction being prima facie evidence thereof, notwithstanding the pendency of any appeal.
(k) Surrender of a license or authorization to practice dentistry or dental hygiene in another state or jurisdiction when the board has reasonable cause to believe that the surrender is made to avoid or in anticipation of a disciplinary action.
(l) Any unprofessional conduct to be determined by the board on a case-by-case basis, which shall include, but not be restricted to, the following:
(i) Committing any crime involving moral turpitude.
(ii) Practicing deceit or other fraud upon the public.
(iii) Practicing dentistry or dental hygiene under a false or assumed name.
(iv) Advertising that is false, deceptive or misleading.
(v) Announcing a specialized practice shall be considered advertising that tends to deceive or mislead the public unless the dentist announcing as a specialist conforms to other statutory provisions and the duly promulgated rules or regulations of the board pertaining to practice of dentistry in the State of Mississippi.
(m) Failure to provide and maintain reasonable sanitary facilities and conditions or failure to follow board rules regarding infection control.
(n) Committing any act which would constitute sexual misconduct upon a patient or upon ancillary staff. For purposes of this subsection, the term sexual misconduct means:
(i) Use of the licensee-patient relationship to engage or attempt to engage the patient in sexual activity; or
(ii) Conduct of a licensee that is intended to intimidate, coerce, influence or trick any person employed by or for the licensee in a dental practice or educational setting for the purpose of engaging in sexual activity or activity intended for the sexual gratification of the licensee.
(o) Violation of a lawful order of the board previously entered in a disciplinary or licensure hearing; failure to cooperate with any lawful request or investigation by the board; or failure to comply with a lawfully issued subpoena of the board.
(p) Willful, obstinate and continuing refusal to cooperate with the board in observing its rules and regulations in promptly paying all legal license or other fees required by law.
(q) Practicing dentistry or dental hygiene while the person's license is suspended.
(r) Violation(s) of the provisions of Sections 41-121-1 through 41-121-9 relating to deceptive advertisement by health care practitioners. This paragraph shall stand repealed on July 1, 2025.
(2) In lieu of revocation of a license as provided for above, the board may suspend the license of the offending dentist or dental hygienist, suspend the sedation permit of the offending dentist, or take any other action in relation to his or her license as the board may deem proper under the circumstances.
(3) When a license to practice dentistry or dental hygiene is revoked or suspended by the board, the board may, in its discretion, stay the revocation or suspension and simultaneously place the licensee on probation upon the condition that the licensee shall not violate the laws of the State of Mississippi pertaining to the practice of dentistry or dental hygiene and shall not violate the rules and regulations of the board and shall not violate any terms in relation to his or her license as may be set by the board.
(4) In a proceeding conducted under this section by the board for the denial, revocation or suspension of a license to practice dentistry or dental hygiene, the board shall have the power and authority for the grounds stated for that denial, revocation or suspension, and in addition thereto or in lieu of that denial, revocation or suspension may assess and levy upon any person licensed to practice dentistry or dental hygiene in the State of Mississippi, a monetary penalty, as follows:
(a) For the first
violation of any of * * * paragraph (a), (b), (c), (d),
(f), (i), (l), (m), (n), (o) or (q) of subsection (1) of this section, a
monetary penalty of not less than Fifty Dollars ($50.00) nor more than Five Hundred
Dollars ($500.00).
(b) For the second
violation of any of * * *
paragraph (a), (b), (c), (d), (f), (i), (l), (m), (n), (o) or (q) of
subsection (1) of this section, a monetary penalty of not less than One Hundred
Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00).
(c) For the third and
any subsequent violation of any of * * *
paragraph (a), (b), (c), (d), (f), (i), (l), (m), (n), (o) or (q) of
subsection (1) of this section, a monetary penalty of not less than Five
Hundred Dollars ($500.00) and not more than Five Thousand Dollars ($5,000.00).
(d) For any violation
of any of * * * paragraph (a) through (q)
of subsection (1) of this section, those reasonable costs that are expended by the
board in the investigation and conduct of a proceeding for licensure revocation
or suspension, including, but not limited to, the cost of process service,
court reporters, expert witnesses and investigators.
(5) The power and authority of the board to assess and levy monetary penalties under this section shall not be affected or diminished by any other proceeding, civil or criminal, concerning the same violation or violations except as provided in this section.
(6) A licensee shall have the right of appeal from the assessment and levy of a monetary penalty as provided in this section under the same conditions as a right of appeal is provided elsewhere for appeals from an adverse ruling, order or decision of the board.
(7) Any monetary penalty assessed and levied under this section shall not take effect until after the time for appeal has expired. In the event of an appeal, the appeal shall act as a supersedeas.
(8) A monetary penalty assessed and levied under this section shall be paid to the board by the licensee upon the expiration of the period allowed for appeal of those penalties under this section or may be paid sooner if the licensee elects. With the exception of subsection (4)(d) of this section, monetary penalties collected by the board under this section shall be deposited to the credit of the General Fund of the State Treasury. Any monies collected by the board under subsection (4)(d) of this section shall be deposited into the special fund operating account of the board.
(9) When payment of a monetary
penalty assessed and levied by the board against a licensee in accordance with this
section is not paid by the licensee when due under this section, the board
shall have power to institute and maintain proceedings in its name for enforcement
of payment in the chancery court of the county and judicial district of residence
of the licensee, and if the licensee is a nonresident of the State of
Mississippi, the proceedings shall be in the * * * inferior courts of the Capitol Complex Improvement
District.
(10) In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or 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. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
(11) All grounds for disciplinary action, including imposition of fines and assessment of costs as enumerated above, shall also apply to any other license or permit issued by the board under this chapter or regulations duly adopted by the board.
SECTION 231. Section 83-31-153, Mississippi Code of 1972, is amended as follows:
83-31-153. (1) A plan of reorganization shall include the following provisions:
(a) A description of the structure of the proposed mutual insurance holding company system consistent with the requirements therefor set forth in Sections 83-31-145 through 83-31-181.
(b) A description of the qualifications for membership in and the rights of members of the mutual insurance holding company consistent with the requirements therefor set forth in Sections 83-31-145 through 83-31-181, provisions for the extinguishment of membership interests in the mutual insurance company and provisions for the conversion of such membership interests in the mutual insurance company into membership interests in the mutual insurance holding company.
(c) A description of the transactions, and parties to such transactions, that will effect the reorganization, including, but not limited to, transfer and assumption of policies, contracts, assets and liabilities.
(d) A description of corporate restructuring and other corporate transactions that will effect the reorganization, including, but not limited to, formation or organization of companies, amendment or restatement of articles of association or bylaws or those proposed in connection with the formation or organization of companies in connection with the plan and mergers and consolidations.
(e) A description of those persons who shall serve as directors and officers of the mutual insurance holding company, its intermediate stock holding companies, if any, its controlled subsidiaries and other subsidiaries as of the effective date of the reorganization. The initial directors of each such company shall be the directors of the mutual insurance company who shall have terms concurrent with the terms as directors of the reorganized mutual insurance company unless otherwise specified in the plan.
(f) Provisions requiring that, following the reorganization, the material terms and conditions of indemnification or coverage of policyholders of the mutual insurance company shall remain in full force and effect under policies transferred to and assumed by one or more subsidiaries of the mutual insurance holding company.
(g) Provisions requiring that, following the reorganization, the material terms and conditions of subordinated surplus notes and other contractual obligations, other than those arising under policies described in paragraph (f) of this subsection (1), of the mutual insurance company, subject to the rights of the mutual insurance company under applicable law, and to the extent such obligations are not otherwise satisfied or terminated in accordance with their terms or retained by a mutual insurance holding company or controlled subsidiary, shall remain in full force and effect upon the transfer of such obligations to, and assumption of such obligations by, one or more subsidiaries of the mutual insurance holding company.
(2) A plan of reorganization must be adopted by two-thirds (2/3) of the members of the board of directors of the mutual insurance company or, in the case of the formation of any intermediate stock insurance holding company that is not concurrent with the formation of the mutual insurance holding company, by two-thirds (2/3) of the members of the board of directors of the mutual insurance holding company.
(3) Not later than the ninetieth day following the adoption of a plan of reorganization by the board of directors, and before the meeting of the mutual insurance company members to approve the plan, the mutual insurance company shall submit to the commissioner the following:
(a) The plan of reorganization, as adopted.
(b) The form of notice to be sent to the mutual insurance company members, informing them of their right to vote on the plan of reorganization.
(c) The form of proxy statement to be sent to the mutual insurance company members informing them of their right to vote by proxy on the plan of reorganization and describing the plan.
(d) The form of proxy to be sent to the mutual insurance company members to solicit their vote on the plan of reorganization.
(e) Proposed articles of association, merger or consolidation, bylaws, restatements of or amendments to articles of association and bylaws and plans of merger or consolidation with respect to each entity to be organized, reorganized or otherwise subject to such action under the plan of reorganization.
(f) An audited financial statement prepared on a statutory basis in accordance with the insurance laws of the State of Mississippi, including an actuarial opinion for the most recent calendar year ended, or a copy thereof, if the statement was previously filed with the commissioner.
(g) Such other information as required under rules or regulations or as requested by the commissioner.
(4) The commissioner may hold a public hearing to allow public comment on the plan of reorganization after giving written notice to the mutual insurance company and other interested persons, all of whom have the right to appear at the hearing. Notice to interested persons who have not filed an appearance in the matter may be made in any reasonable manner deemed appropriate by the commissioner with the costs thereof assessed to the mutual insurance company.
(5) (a) Within twenty (20) business days after filing with the commissioner the documents required in connection with a plan of reorganization, the mutual insurance company shall send to each eligible member a notice advising the eligible member of the adoption and filing of the plan of reorganization and of the member's right to provide to the commissioner and the mutual insurance company comments on the plan.
(b) As an alternative to the notice required under paragraph (a) of this subsection, the mutual insurance company may use any other means which is reasonably designed to provide notice to eligible members and which alternative means of providing notice is approved by the commissioner.
(c) The notice required under paragraph (a) or (b) of this subsection shall include a description of the procedure to be used in making comments.
(d) An eligible member who elects to make comments must make the comments in writing (i) if notice is sent to each eligible member, not later than the thirtieth day after the date on which the notice is sent, or (ii) if an alternative means of providing notice is approved by the commissioner, not later than such date for receipt of comments approved by the commissioner.
(6) Except as otherwise
provided by this subsection, the commissioner shall approve or disapprove a
plan of reorganization not later than the ninetieth day after the first day on
which all the documents and other information required are filed with the commissioner.
The commissioner may not extend the time for approval or disapproval beyond the
ninety-day time period unless he finds it necessary to retain a qualified
expert in accordance with subsection (7) of this section, in which case he may
extend the time for review for an additional sixty (60) days beyond the initial
ninety-day period. Notwithstanding the stated time limits herein, the
commissioner may extend the time for approval or disapproval for an additional
thirty (30) days beyond the date on which any amendment to such plan is filed
with the commissioner. The commissioner shall, within five (5) days of
approving or disapproving a plan of reorganization, give written notice to the mutual
insurance company of the commissioner's decision and, in the event of disapproval,
a detailed statement of the reasons for the adverse decision. If a plan is
disapproved, then the plan of reorganization may be amended and resubmitted to
the commissioner for his approval or disapproval as provided in Sections 83-31-145
through 83-31-181. If the commissioner disapproves the plan then the mutual
insurance company may appeal the commissioner's decision as provided by the laws
of this state to the * * *
inferior courts of the Capitol Complex Improvement District.
(7) The commissioner may retain, at the mutual insurance company's expense, a qualified expert or experts, including but not limited to, appraisers, actuaries, accountants and attorneys, not otherwise a part of the commissioner's staff to assist the commissioner in reviewing the plan of reorganization.
(8) The commissioner shall approve a plan of reorganization if the commissioner finds that the plan of reorganization complies with Sections 83-31-145 through 83-31-181 and the plan of reorganization is fair and equitable to members and policyholders; however, the commissioner may not approve such a plan of reorganization and shall disapprove such a plan if the commissioner finds that (a) the effect of the plan of reorganization would be substantially to lessen competition in insurance in this state or tend to create a monopoly therein; (b) the financial condition of any party to the plan of reorganization is such as might jeopardize the financial stability of the insurers which are parties to the plan, or prejudice the interests of their policyholders; (c) the plan of reorganization or the plans for operation of the parties to the plan of reorganization following implementation of the plan of reorganization are not in the public interest; (d) the competence, experience and integrity of those persons who would control the operations of the parties to the plan of reorganization are such that it would not be in the interest of policyholders of the parties to the plan of reorganization or of the public to permit the plan of reorganization; (e) the plan of reorganization's method of allocating value is not fair and equitable; (f) the plan of reorganization is not fair and equitable to the members and policyholders; (g) implementation of the plan of reorganization is likely to be hazardous or prejudicial to the insurance buying public; or (h) the plan of reorganization unfairly enriches the officers and directors of the reorganizing insurer.
(9) (a) A plan of reorganization adopted by the board of directors of the mutual insurance company may be:
(i) Amended by the board of directors of the mutual insurance company in response to the comments or recommendations of the commissioner or any other state or federal agency or governmental entity before any solicitation of proxies from members of the mutual insurance company to vote on the plan of reorganization or at any time with the consent of the commissioner, except that any material amendment after the members' approval shall require the members' approval; or
(ii) Terminated by the board of directors of the applicant at any time before members of the mutual insurance company vote on the plan of reorganization and, otherwise, at any time with the consent of the commissioner.
(b) The plan of reorganization is approved upon the affirmative vote of at least two-thirds (2/3) of the votes cast by members of the mutual insurance company, notwithstanding quorum or voting action requirements otherwise applicable to the mutual insurance company to the contrary.
(c) Within thirty (30) days after members have approved the plan of reorganization, the applicant must file with the commissioner the minutes of the meeting at which the plan of reorganization was approved.
SECTION 232. Section 53-9-69, Mississippi Code of 1972, is amended as follows:
53-9-69. (1) (a) When, on the basis of any information available, including receipt of information from any person, the executive director or state geologist as the executive director's designee has reason to believe that any person is in violation of this chapter, any regulation or written order of the commission issued or promulgated under this chapter or any condition of a permit, the executive director or state geologist as the executive director's designee shall immediately order inspection of the surface coal mining operation at which the alleged violation is occurring unless the information available is a result of a previous inspection of the surface coal mining operation. When the inspection results from information provided to the executive director or state geologist by any person who is not an employee of the department, the executive director or state geologist as the executive director's designee shall notify the person when the inspection is proposed to be carried out and the person shall be allowed to accompany the inspector during the inspection.
(b) When, on the basis of any inspection, the executive director or the executive director's authorized representative determines that any condition or practices exist or that any permittee is in violation of this chapter or any regulation or written order of the commission promulgated or issued under this chapter or any condition of a permit and the condition, practice or violation also creates an imminent danger to the health and safety of the public, or is causing or can reasonably be expected to cause significant imminent environmental harm to land, air or water resources, the executive director or the executive director's authorized representative shall immediately order a cessation of surface coal mining and reclamation operations or the portion of those operations relevant to the condition, practice or violation. The cessation order shall remain in effect until the executive director or the executive director's authorized representative determines that the condition, practice or violation has been abated or until the order is modified, vacated or terminated by the executive director or the executive director's authorized representative.
If the commission, executive director or the executive director's authorized representative finds that the ordered cessation of surface coal mining and reclamation operations, or any portion of those operations shall not completely abate the imminent danger to health or safety of the public or the significant imminent environmental harm to land, air or water resources, the commission, executive director or the executive director's authorized representative shall, in addition to the cessation order, impose obligations on the operator requiring the operator to take whatever steps the commission, executive director or the executive director's authorized representative deems necessary to abate the imminent danger or the significant environmental harm.
(c) (i) When, on the basis of an inspection, the executive director or the executive director's authorized representative determines that any permittee is in violation of this chapter, any regulation or written order of the commission promulgated or issued under this chapter or any condition of a permit but that violation does not create an imminent danger to the health and safety of the public or cannot be reasonably expected to cause significant imminent environmental harm to land, air or water resources, the commission, executive director or the executive director's authorized representative shall issue an order to the permittee or agent of the permittee setting a reasonable time of not more than ninety (90) days for the abatement of the violation and if deemed necessary by the commission, executive director or the executive director's authorized representative ordering an immediate cessation of activities violating or resulting in the violation of this chapter, the regulations promulgated under this chapter or any condition or limitation of a permit.
(ii) If, upon expiration of the period of time as originally fixed or subsequently extended, for good cause shown and upon the written finding of the commission, the executive director or the executive director's authorized representative finds that the violation has not been abated, the commission, the executive director or the executive director's authorized representative shall immediately order a cessation of surface coal mining and reclamation operations or the portion of those operations relevant to the violation. The cessation order shall remain in effect until the commission, the executive director or the executive director's authorized representative determines that the violation has been abated or until that order is modified, vacated or terminated by the commission, the executive director or the executive director's authorized representative. In the cessation order issued by the commission, the executive director or the executive director's authorized representative, the commission, the executive director or the executive director's authorized representative shall determine the steps necessary to abate the violation in the most expeditious manner possible, and shall include measures in the order necessary to achieve that abatement.
(d) When, on the basis of an inspection, the executive director has reason to believe that a pattern of violations of this chapter, any regulation promulgated under this chapter or any condition of a permit exists or has existed, and if the executive director also finds that the violations are caused by the unwarranted failure of the permittee to comply with this chapter, any regulation promulgated under this chapter or any condition of a permit, or that the violations are willfully caused by the permittee, the executive director shall issue an order to the permittee to show cause as to why the permit should not be suspended or revoked by the permit board. Upon the permittee's failure to show cause to the satisfaction of the executive director or the executive director's authorized representative as to why the permit should not be suspended or revoked, the executive director or the executive director's authorized representative shall present this information to the permit board and request that the permit board suspend or revoke the permit. The permit board shall decide the executive director's request under the procedures of Section 49-17-29(4) and (5). Any request by an interested party for a formal hearing regarding the permit board's initial decision on suspension or revocation of the permit or any appeal of the final decision following the formal hearing by any person who participated as a party in the formal hearing may be taken as provided under Section 49-17-29(4) and (5).
(e) The permittee or other interested party may request a formal hearing concerning an order of the commission issued under paragraph (b) or (c) of this subsection as provided under Section 49-17-41.
(2) (a) The commission may
institute a civil action for relief, including a permanent or temporary
injunction or any other appropriate order, in the chancery court of the county
or judicial district in which the surface coal mining and reclamation operation
is located, in which the permittee has its principal office, or in the * * * inferior
courts of the Capitol Complex Improvement District when the permittee or
its agent:
(i) Violates or fails or refuses to comply with any permit, order or decision issued by the permit board or commission under this chapter;
(ii) Interferes with, hinders or delays the commission, permit board, department, executive director or any
authorized representative of the executive director in carrying out this chapter;
(iii) Refuses to admit any authorized representative of the executive director, commission, permit board or department to the mine;
(iv) Refuses to permit inspection of the mine by that authorized representative;
(v) Refuses to furnish any information or report requested by the commission, permit board or department in furtherance of this chapter; or
(vi) Refuses to permit access to and copying of any records as the commission, permit board or department determines necessary in carrying out this chapter.
(b) The court shall have jurisdiction to provide any relief as may be appropriate. Preliminary injunctions shall be issued in accordance with state law. The commission may obtain mandatory or prohibitory injunctive relief, either temporary or permanent, and in cases of imminent and substantial hazard or endangerment to the environment or public health, it is not necessary that the commission plead or prove: (i) that irreparable damage would result if the injunction did not issue; (ii) that there is no adequate remedy at law; or (iii) that a written complaint or commission order has first been issued for the alleged violation. Any relief granted by the court to enforce an order under subsection 2(a)(i) of this section shall continue in effect until the completion or final termination of all proceedings for review of that order under this chapter unless, before that time, the court granting the relief sets it aside or modifies it.
(3) Nothing in this section shall be construed to eliminate any additional enforcement rights or procedures which are available under state law to a state agency but which are not specifically stated in this section.
(4) When an order is issued under this section, or as a result of any administrative proceeding under this chapter, at the request of any person, a sum equal to the aggregate amount of all costs and expenses, including attorney's fees, as determined by the commission to have been reasonably incurred by that person for or in conjunction with that person's participation in the proceedings, including any judicial review of agency actions, may be assessed against either party as the court, resulting from judicial review, or the commission, resulting from administrative proceedings deems proper.
SECTION 233. Section 73-63-43, Mississippi Code of 1972, is amended as follows:
73-63-43. (1) The board, upon satisfactory proof and in accordance with this chapter and rules and regulations of the board, may take the disciplinary actions provided under this chapter against any person for the following reasons:
(a) Violation of this chapter, any rule or regulation or written order of the board, any condition of registration or standards of professional conduct;
(b) Fraud, deceit or misrepresentation in obtaining a certificate of registration as a registered professional geologist or certificate of enrollment as a geologist-in-training;
(c) Gross negligence, malpractice, incompetency, misconduct, or repeated incidents of simple negligence in or related to the practice of geology;
(d) Practicing or offering to practice geology, or holding oneself out as being registered or qualified to practice geology, by an individual who is not registered under this chapter, or by any other person not employing a registered professional geologist as required by this chapter;
(e) Using the seal of another, or using or allowing use of one's seal on geologic work not performed by or under the supervision of the registered professional geologist, or otherwise aiding or abetting any person in the violation of this chapter;
(f) Disciplinary action by any state agency, board of registration or similar licensing agency for geologists or any profession or occupation related to the practice of geology. The sanction imposed by the board shall not exceed in severity or duration the sanction upon which that action is based;
(g) Addiction to or chronic dependence on alcohol or other habit-forming drugs or being an habitual user of alcohol, narcotics, barbiturates, amphetamines, hallucinogens or other drugs having similar effect resulting in the impairment of professional or ethical judgment; or
(h) Injuring or damaging, or attempting to injure or damage, the professional reputation of another by any means whatsoever; this provision shall not relieve a registered professional geologist from the obligation to expose unethical or illegal conduct to the proper authorities nor shall it preclude confidential appraisals of geologists or other persons or firms under consideration for employment.
(2) Any person may bring a complaint alleging a violation of this chapter, any rule or regulation or written order of the board, any condition of registration or standards of professional conduct. Complaints shall be made in writing, sworn to by the person filing the complaint, and filed with the board. The board shall investigate all complaints and upon finding a basis for that complaint, shall notify the accused in writing specifying the provisions of this chapter, rule, regulation or order of the board or the condition or standard alleged to be violated and the facts alleged to constitute the violation. The notice shall require the accused to appear before the board at a time and place to answer the charges. The time of appearance shall be at least thirty (30) days from the date of service of the notice. Notice shall be made by service on the person or by registered or certified mail, return receipt requested, to the last known business or residence address of the accused, as shown on the records of the board. Within fifteen (15) days following receipt of that notice, the accused shall file a written response, admitting, denying or taking exception to the charges. In the absence of a response or if the charges are admitted or if no exception is taken, the board may take disciplinary action without holding a hearing. A disciplinary action may be settled by the board and the accused, either before or after a hearing has begun.
A person who reports or provides information to the board in good faith is not subject to an action for civil damages.
(3) Any hearing under this section may be conducted by the board itself at a regular or special meeting of the board or by a hearing officer designated by the board. The hearing officer may conduct the hearings in the name of the board at any time and place as conditions and circumstances may warrant. The hearing officer or any member of the board may administer oaths or affirmations to witnesses appearing before the hearing officer or the board.
If any witness fails or refuses to attend upon subpoena issued by the board, refuses to testify or refuses to produce books, papers, reports, documents and similar material, the production of which is called for by a subpoena, the attendance of any witness and the giving of that person's testimony and the production of books, papers, reports, documents and similar material shall be enforced by any court of competent jurisdiction of this state in the manner provided for the enforcement of the attendance and testimony of witnesses in civil cases in the courts of this state.
All hearings before the board shall be recorded either by a court reporter or by tape or mechanical recorders and subject to transcription upon order of the board or any interested person. If the request for transcription originates with an interested person, that person shall pay the cost of transcription.
The accused shall have the right to be present at the hearing in person, by counsel or other representative, or both. The board may continue or recess the hearing as may be necessary.
(4) If a hearing officer conducts the hearing on behalf of the board, the hearing officer shall upon completion have the record of that hearing prepared. The record shall be submitted to the board along with that hearing officer's findings of fact and recommended decision. Upon receipt and review of the record of the hearing and the hearing officer's findings of fact and recommended decision, the board shall render its final decision as provided in subsection (5) of this section.
Any person ordered to appear for an alleged violation may request a hearing before a majority of the board. A verbatim record of any previous hearings on that matter shall be filed with the board, together with findings of fact and conclusions of law made by the board based on the record.
(5) At the conclusion of the hearing, the board may either decide the issue at that time or take the case under advisement for further deliberation. The board shall render its decision not more than ninety (90) days after the close of the hearing, and shall forward to the last known business or residence address of the accused, by certified or registered mail, return receipt requested, a written statement of the decision of the board.
If a majority of the board finds the accused guilty of the charges filed, the board may take any combination of the following actions:
(a) Deny the renewal of a certificate of registration or certificate of enrollment;
(b) Suspend the certificate of registration or certificate of enrollment of any registrant for a specified period of time, not to exceed three (3) years, or revoke the certificate of registration or certificate of enrollment of any registrant;
(c) Censure, reprimand or issue a public or private admonishment to an applicant, a registrant or any other person engaged in the practice of geology under this chapter;
(d) Impose limitations, conditions or restrictions upon the practice of an applicant, a registrant or upon any other person engaged in the practice of geology;
(e) Require the guilty party to complete a course, approved by the board, in ethics;
(f) Impose probation upon a registrant, requiring regular reporting to the board;
(g) Require restitution, in whole or in part, of the compensation or fees earned by a registrant or by any other person engaging in the practice of geology; or
(h) Assess and levy upon the guilty party a monetary penalty not to exceed Five Thousand Dollars ($5,000.00) for each violation.
(6) Any monetary penalty assessed and levied under this section shall be paid to the board upon the expiration of the period allowed for appeal of that penalty, or may be paid sooner if the guilty party elects. Money collected by the board under this section shall be deposited to the credit of the Registered Professional Geologists Fund.
When payment of a monetary
penalty assessed and levied by the board in accordance with this section is not
paid when due, the board may begin and maintain proceedings in its name for enforcement
of payment in the chancery court of the county and judicial district of
residence of the guilty party and if the guilty party is a nonresident of the
State of Mississippi, the proceedings shall be in the * * * inferior courts of the Capitol Complex Improvement District.
(7) The board may assess and impose the costs of any disciplinary proceedings conducted under this section against either the accused, the charging party, or both, as it may elect.
(8) The authority of the board to assess and levy the monetary penalties under this section shall not be affected or diminished by any other proceeding, civil or criminal, concerning the same violation or violations, unless provided in this section.
(9) If the board determines there is an imminent danger to the public welfare, the board may issue an order for the immediate suspension of a certificate of registration or a certificate of enrollment. The registrant may request a hearing on the matter within fifteen (15) days after receipt of the order of suspension. The board shall file charges as provided in this section within thirty (30) days after the issuance of an order, or the suspension shall be of no further force and effect. If charges are filed, the order of suspension shall remain in effect until disposition of all charges.
(10) The board, for sufficient cause, may reissue a revoked certificate of registration or certificate of enrollment, upon written application to the board by the applicant. The application shall be made not less than three (3) years after the revocation. The board may impose reasonable conditions or limitations in connection with any reissuance.
(11) In addition to the reasons named in subsection (1) of this section, the board may suspend the certificate of registration or certificate of enrollment of any person for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a certificate for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a certificate suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a certificate suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. Actions taken by the board in suspending a certificate when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under Section 73-63-49. Any appeal of a suspension of a certificate that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in Section 73-63-49. If there is any conflict between Section 93-11-157 or 93-11-163 and this chapter, Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 234. Section 31-25-37, Mississippi Code of 1972, is amended as follows:
31-25-37. (1) The bank shall have the power, from time to time, to issue bonds for any of its corporate purposes, including without limitation to pay bonds, including the interest thereon, and whenever it deems refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and to issue bonds partly to refund bonds then outstanding and partly for any of its corporate purposes. The refunding bonds may be exchanged for bonds to be refunded or sold and the proceeds applied to the purchase, redemption or payment of such bonds.
(2) The bank shall have power to make contracts for the future sale from time to time of bonds, pursuant to which the purchaser shall be committed to purchase and the bank shall have the power to pay such consideration as it shall deem proper for such commitments.
(3) Except as otherwise provided in this subsection (3), every issue of bonds of the bank shall be general obligations of the bank payable out of any revenues or funds of the bank, subject only to the provisions of the resolution of the bank authorizing the issuance of, or to any agreements with the holders of, particular bonds pledging any particular revenues or funds. Any such bonds may be additionally secured by a pledge of any grants, subsidies, contributions, funds or moneys from the United States of America or the state or any agency or instrumentality thereof, or any other governmental unit. However, bonds issued by the bank under Section 31-25-21(k) for the purposes provided in Section 31-25-20(g) shall be 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 state general obligation bonds shall contain recitals on their faces substantially covering these provisions.
(4) Any law to the contrary notwithstanding, a bond issued under this chapter is fully negotiable and each holder or owner of a bond, or of any coupon appurtenant thereto, by accepting the bond or coupon shall be conclusively deemed to have agreed that the bond or coupon is fully negotiable for those purposes subject only to any provisions of bonds for registration.
(5) Bonds of the bank shall be authorized by resolution of the board of the bank, may be issued as serial bonds payable in annual installments or as term bonds or as a combination thereof, and shall bear such date or dates, mature at such time or times, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be payable from such sources in such medium of payment at such place or places within or without the state, and be subject to such terms of redemption, with or without premiums, as such resolution or resolutions may provide, except that no bond shall mature more than forty (40) years from the date of its issue. The bonds may bear interest at such rate or rates as the bank may by resolution determine, and such rate or rates shall not be limited by any other law relating to the issuance of bonds except that the interest rate on any bonds issued as general obligation bonds of the State of Mississippi shall not exceed the limits set forth in Section 75-17-101. The bonds and coupons appertaining thereto may be executed in such manner as shall be determined by the bank. In case any of the members or officers of the bank whose signatures appear on any bonds or coupons shall cease to be such members or officers before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such members or officers had remained in office until such delivery.
(6) Bonds of the bank may be sold at public or private sale at such time or times and at such price or prices as the bank shall determine.
(7) In connection with the issuance of bonds, the board of the bank may delegate to the executive director of the bank the power to determine the time or times of sale of such bonds, the amounts of such bonds, the maturities of such bonds, the rate or rates of interest of such bonds, and such other terms and details of the bonds, as may be determined by the board of the bank; provided, however, the board of the bank shall have adopted a resolution making such delegation and such resolution shall specify the maximum amount of the bonds which may be outstanding at any one time, the maximum rate of interest or interest rate formula (to be determined in the manner specified in such resolution) to be incurred through the issuance of such bonds and the maximum maturity date of such bonds. The board of the bank may also provide in the resolution authorizing the issuance of such bonds, in its discretion, (a) for the employment of one or more persons or firms to assist the bank in the sale of the bonds, (b) for the appointment of one or more banks or trust companies, either within or without the State of Mississippi, as depository for safekeeping, and as agent for the delivery and payment, of the bonds, (c) for the refunding of such bonds, from time to time, without further action by the board of the bank, unless and until the board of the bank revokes such authority to refund, and (d) other terms and conditions as the board of the bank may deem appropriate. In connection with the issuance and sale of such bonds, the board of the bank may arrange for lines of credit with any bank, firm or person for the purpose of providing an additional source of repayment for bonds issued pursuant to this section. Amounts drawn on such lines of credit may be evidenced by negotiable or nonnegotiable bonds or other evidences of indebtedness, containing such terms and conditions as the board of the bank may authorize in the resolution approving the same, and such notes or other evidences of indebtedness shall constitute bonds issued under their act. The board of the bank is authorized to pay all costs of issuance of the bonds.
(8) Neither the members of the bank nor any other person executing the bank's bonds issued pursuant to this chapter shall be liable personally on such bonds by reason of the issuance thereof.
(9) Bonds of the bank may be issued under this chapter without obtaining the consent of any department, division, commission, board, body, bureau or agency of the state, and without any other proceeding or the happening of any other conditions or things other than those proceedings, conditions or things which are specifically required by this chapter and by provisions of the resolution authorizing such bonds.
(10) Bonds of the bank may
be validated in accordance with the provision of Sections 31-13-1 * * * through 31-13-11 in the same manner
as provided therein for bonds issued by a municipality. Any such validation
proceedings shall be held in the * * * inferior
courts of the Capitol Complex Improvement District. Notice thereof shall
be given by publication in any newspaper published in the City of Jackson and
of general circulation through the state.
SECTION 235. Section 57-1-255, Mississippi Code of 1972, is amended as follows:
57-1-255. (1) Upon notification to the department by the enterprise that the state has been finally selected as the site for the project, the State Bond Commission shall have the power and is hereby authorized and directed, upon receipt of a declaration from the department as hereinafter provided, to borrow money and issue general obligation bonds of the state in one or more series for the purposes herein set out. Upon such notification, the department may thereafter from time to time declare the necessity for the issuance of general obligation bonds as authorized by this section and forward such declaration to the State Bond Commission, provided that prior to said notification, the department may enter into agreements with the United States government, private companies and others that will commit the department to direct the State Bond Commission to issue bonds for eligible undertakings set out in subsection (4) of this section, conditioned on the siting of the project in the state.
(2) Upon receipt of any such declaration from the department, the State Bond Commission, upon verifying that the state has been selected as the site of the project, shall act as the issuing agent for the series of bonds directed to be issued in such declaration pursuant to authority granted in this section.
(3) Bonds issued under the authority of this section shall not exceed an aggregate principal amount in the sum of Thirty Million Dollars ($30,000,000.00). No bonds shall be issued under the authority of this section after June 30, 2000.
(4) The proceeds from the sale of the bonds issued pursuant to this section may be applied for the purposes of: (a) defraying all or any designated portion of the costs incurred with respect to acquisition, planning, design, construction, installation, rehabilitation, improvement and relocation of the project and any facility related to the project, including costs of design and engineering, all costs incurred to provide land, easements and rights-of-way, relocation costs with respect to the project and with respect to any facility related to the project located within the project area, and costs associated with mitigation of environmental impacts; (b) providing for the payment of interest on the bonds; (c) providing debt service reserves; and (d) paying underwriters discount, original issue discount, accountants' fees, engineers' fees, attorneys' fees, rating agency fees and other fees and expenses in connection with the issuance of the bonds. Such bonds shall be issued from time to time and in such principal amounts as shall be designated by the department not to exceed in aggregate principal amount the amount authorized in subsection (3) of this section. Proceeds from the sale of the bonds issued pursuant to this section may be invested, subject to federal limitations, pending their use, in such securities as may be specified in the resolution authorizing the issuance of the bonds or the trust indenture securing them, and the earning on such investment applied as provided in such resolution or trust indenture.
(5) The principal of and the interest on the bonds shall be payable in the manner hereinafter set forth. The bonds shall bear date or dates, be in such denomination or denominations, bear interest at such rate or rates, be payable at such place or places within or without the state, shall mature absolutely at such time or times, be redeemable prior to 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 shall be determined by resolution of the State Bond Commission. Provided, however, that such bonds shall mature or otherwise be retired in annual installments beginning not more than five (5) years from date thereof and extending not more than twenty-five (25) years from date thereof. The bonds 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 imprinted on or affixed thereto, attested by the manual or facsimile signature of the Secretary of the State Bond Commission. Whenever any such bonds shall have been signed by the officials herein designated to sign the bonds, who were in office at the time of such signing but who may have ceased to be such officers prior to 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 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 the delivery of the same to the purchaser, or had been in office on the date such bonds may bear.
(6) All bonds issued under the provisions of this section shall be and are hereby declared to have all the qualities and incidents of negotiable instruments under the provisions of the Uniform Commercial Code and in exercising the powers granted by Sections 57-1-251 through 57-1-261, the State Bond Commission shall not be required to and need not comply with the provisions of the Uniform Commercial Code.
(7) The State Bond Commission shall sell the 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 shall be made at a price less than par plus accrued interest to date of delivery of the bonds to the purchaser. The bonds shall bear interest at such rate or rates not exceeding the limits set forth in Section 75-17-101, as shall be fixed by the State Bond Commission. All interest accruing on such bonds so issued shall be payable semiannually or annually; provided that the first interest payment may be for any period of not more than one (1) year.
Notice of the sale of any bond shall be published at least one (1) time, the first of which shall be made not less than ten (10) days prior to the date of sale, and shall be so published in one or more newspapers having a general circulation in the City of Jackson and in one or more other newspapers or financial journals with a large national circulation, to be selected by the State Bond Commission.
The State Bond Commission, when issuing any bonds under the authority of this section, may provide that the bonds, at the option of the state, may be called in for payment and redemption at the call price named therein and accrued interest on such date or dates named therein.
(8) State bonds issued under the provisions of this section shall be the general obligations of the state and backed by the full faith and credit of the state, and if the funds appropriated by the Legislature shall be 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 bonds shall contain recitals on their faces substantially covering the foregoing provisions of this section.
(9) The State Treasurer is hereby authorized, without further process of law, to certify to the Department of Finance and Administration the necessity for warrants, and the Department of Finance and Administration is hereby authorized and directed to issue such warrants payable out of any funds authorized by this section for such purpose, in such amounts as may be necessary to pay when due the principal of and interest on all bonds issued under the provisions of this section; 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 thereon, on the due dates thereof.
(10) The bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified or required by Sections 57-1-251 through 57-1-261. Any resolution providing for the issuance of general obligation bonds under the provisions of this section 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.
(11) In anticipation of the issuance of bonds hereunder, the State Bond Commission is hereby authorized to negotiate and enter into any purchase, loan, credit or other agreement with any bank, trust company or other lending institution or to issue and sell interim notes for the purpose of making any payments authorized under this section. All borrowings made under this provision shall be evidenced by notes of the state which shall be issued from time to time, for such amounts not exceeding the amount of bonds authorized herein, in such form and in such denomination and subject to such terms and conditions of sale and issuance, prepayment or redemption and maturity, rate or rates of interest not to exceed the maximum rate authorized herein for bonds, and time of payment of interest as the State Bond Commission shall agree to in such agreement. Such notes shall constitute general obligations of the state and shall be backed by the full faith and credit of the state. Such notes may also be issued for the purpose of refunding previously issued notes; provided that no notes shall mature more than three (3) years following the date of issuance of the first note hereunder and provided further, that all outstanding notes shall be retired from the proceeds of the first issuance of bonds hereunder. The State Bond Commission is authorized to provide for the compensation of any purchaser of the notes by payment of a fixed fee or commission and for all other costs and expenses of issuance and service, including paying agent costs. Such costs and expenses may be paid from the proceeds of the notes.
(12) The bonds and interim
notes authorized under the authority of this section may be validated in the * * * inferior courts of the Capitol Complex Improvement
District, in the manner and with the force and effect provided now or
hereafter by Chapter 13, Title 31, Mississippi Code of 1972, for the validation
of county, municipal, school district and other bonds. The necessary papers for
such validation proceedings shall be transmitted to the State Bond Attorney,
and the required notice shall be published in a newspaper published in the City
of Jackson, Mississippi.
(13) Any bonds or interim notes issued under the provisions of Sections 57-1-251 through 57-1-261, a transaction relating to the sale or securing of such bonds or interim notes, their transfer and the income therefrom shall at all times be free from taxation by the state or any local unit or political subdivision or other instrumentality of the state, excepting inheritance and gift taxes.
(14) All bonds issued pursuant to Sections 57-1-251 through 57-1-261 shall be legal investments for trustees, other fiduciaries, savings banks, trust companies and insurance companies organized under the laws of the State of Mississippi; and such bonds shall be legal securities which may be deposited with and shall be received by all public officers and bodies of the state and all municipalities and other political subdivisions thereof for the purpose of securing the deposit of public funds.
(15) There is hereby created a special fund in the State Treasury to be known as the "Major Energy Project Development Fund" wherein shall be deposited the proceeds of the bonds issued under Sections 57-1-251 through 57-1-261 and all monies received by the department to carry out the purposes of such sections. Expenditures authorized herein shall be paid by the State Treasurer upon warrants drawn from the fund, and the Department of Finance and Administration shall issue warrants upon requisitions signed by the director of the department.
(16) (a) There is hereby created the "Major Energy Project Development Sinking Fund" from which the principal of and interest on such bonds shall be paid by appropriation. All monies paid into the sinking fund not appropriated to pay accruing bonds and interest shall be invested by the State Treasurer in such securities as are provided by law for the investment of the sinking funds of the state.
(b) In the event that all or any part of the bonds and notes are purchased, they shall be canceled and returned to the loan and transfer agent as canceled and paid bonds and notes and thereafter all payments of interest thereon shall cease and the canceled bonds, notes and coupons, together with any other canceled bonds, notes and coupons, shall be destroyed as promptly as possible after cancellation but not later than two (2) years after cancellation. A certificate evidencing the destruction of the canceled bonds, notes and coupons shall be provided by the loan and transfer agent to the seller.
(c) The State Treasurer shall determine and report to the Department of Finance and Administration and Legislative Budget Office by September 1 of each year the amount of money necessary for the payment of the principal of and interest on outstanding obligations for the following fiscal year and the times and amounts of the payments. It shall be the duty of the Governor to include in every executive budget submitted to the Legislature full information relating to the issuance of bonds and notes under the provisions of Sections 57-1-251 through 57-1-261 and the status of the sinking fund for the payment of the principal of and interest on the bonds and notes.
SECTION 236. Section 41-7-197, Mississippi Code of 1972, is amended as follows:
41-7-197. (1) The State Department of Health shall adopt and utilize procedures for conducting certificate of need reviews. Such procedures shall include, inter alia, the following: (a) written notification to the applicant; (b) written notification to health care facilities in the same health service area as the proposed service; (c) written notification to other persons who prior to the receipt of the application have filed a formal notice of intent to provide the proposed services in the same service area; and (d) notification to members of the public who reside in the service area where the service is proposed, which may be provided through newspapers or public information channels.
(2) All notices provided shall include, inter alia, the following: (a) the proposed schedule for the review; (b) written notification of the period within which a public hearing during the course of the review may be requested in writing by one or more affected persons, such request to be made within ten (10) days of the department's staff recommendation for approval or disapproval of an application; and (c) the manner in which notification will be provided of the time and place of any hearing so requested. Any such hearing shall be commenced by an independent hearing officer designated by the State Department of Health within sixty (60) days of the filing of the hearing request unless all parties to the hearing agree to extend the time for the commencement of the hearing. At such hearing, the hearing officer and any person affected by the proposal being reviewed may conduct reasonable questioning of persons who make relevant factual allegations concerning the proposal. The hearing officer shall require that all persons be sworn before they may offer any testimony at the hearing, and the hearing officer is authorized to administer oaths. Any person so choosing may be represented by counsel at the hearing. A record of the hearing shall be made, which shall consist of a transcript of all testimony received, all documents and other material introduced by any interested person, the staff report and recommendation and such other material as the hearing officer considers relevant, including his own recommendation, which he shall make, after reviewing, studying and analyzing the evidence presented during the hearing, within a reasonable period of time after the hearing is closed, which in no event shall exceed forty-five (45) days. The completed record shall be certified to the State Health Officer, who shall consider only the record in making his decision, and shall not consider any evidence or material which is not included therein. All final decisions regarding the issuance of a certificate of need shall be made by the State Health Officer. The State Health Officer shall make his or her written findings and issue his or her order after reviewing said record. The findings and decision of the State Health Officer shall not be deferred to any later date.
(3) Unless a hearing is
held, if review by the State Department of Health concerning the issuance of a
certificate of need is not complete with a final decision issued by the State
Health Officer within the time specified by rule or regulation, which shall not
exceed ninety (90) days from the filing of the application for a certificate of
need, the proponent of the proposal may, within thirty (30) days after the expiration
of the specified time for review, commence such legal action as is necessary,
in the * * * inferior courts of
the Capitol Complex Improvement District or in the chancery court of the county
in which the service or facility is proposed to be provided, to compel the
State Health Officer to issue written findings and written order approving or
disapproving the proposal in question.
SECTION 237. Section 57-67-15, Mississippi Code of 1972, is amended as follows:
57-67-15. (1) Upon notification to the authority by the Department of Energy that the state has been finally selected as the site for the project, the State Bond Commission shall have the power and is hereby authorized and directed, upon receipt of a declaration from the Governor as hereinafter provided, to borrow money and issue general obligation bonds of the state in one or more series for the purposes herein set out. Upon such notification, the Governor may thereafter, from time to time, declare the necessity for the issuance of general obligation state bonds as authorized by this section and forward such declaration to the State Bond Commission, provided that prior to said notification, the Governor may enter into agreements with the United States Government and others that will commit the Governor to direct the State Bond Commission to issue bonds for eligible undertakings set out in subsection (4) of this section, conditioned on the siting of the project in the state.
(2) Upon receipt of any such declaration from the Governor, the State Bond Commission, upon verifying that the state has been selected as the site of the project, shall act as the issuing agent for the series of state bonds directed to be issued in such declaration pursuant to authority granted in this section.
(3) Bonds issued under the authority of this section shall not exceed an aggregate principal amount in the sum of Five Hundred Million Dollars ($500,000,000.00).
(4) The proceeds from the sale of the state bonds issued pursuant to this section may be applied for the purposes of: (a) defraying all or any designated portion of the costs incurred with respect to acquisition, planning, design, construction, installation, rehabilitation, improvement and relocation of the project and any facility related to the project located within the project area, including costs of design and engineering, all costs incurred to provide land, easements and rights-of-way, relocation costs with respect to the project and with respect to any facility related to the project located within the project area, and costs associated with mitigation of environmental impacts; (b) providing for the payment of interest on the bonds; (c) providing debt service reserves; and (d) paying underwriters discount, original issue discount, accountants' fees, engineers' fees, attorney's fees, rating agency fees and other fees and expenses in connection with the issuance of the bonds. Such bonds shall be issued, from time to time and in such principal amounts as shall be designated by the Governor not to exceed in aggregate principal amount the amount authorized in subsection (3) of this section. Proceeds from the sale of the state bonds issued pursuant to this section may be invested, subject to federal limitations, pending their use, in such securities as may be specified in the resolution authorizing the issuance of the bonds or the trust indenture securing them, and the earning on such investment applied as provided in such resolution or trust indenture.
(5) The principal of and the interest on the state bonds shall be payable in the manner hereinafter set forth. The state bonds shall bear date or dates, be in such denomination or denominations, bear interest at such rate or rates, be payable at such place or places within or without the state, shall mature absolutely at such time or times, be redeemable prior to 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 shall be determined by resolution of the State Bond Commission. Provided, however, that such state bonds shall mature or otherwise be retired in annual installments beginning not more than five (5) years from date thereof and extending not more than twenty-five (25) years from date thereof. The state bonds 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 imprinted on or affixed thereto, attested by the manual or facsimile signature of the Secretary of the State Bond Commission. Whenever any such state bonds shall have been signed by the officials herein designated to sign the bonds, who were in the office at the time of such signing but who may have ceased to be such officers prior to 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 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 the delivery of the same to the purchaser, or had been in office on the date such bonds may bear.
(6) All state bonds issued under the provisions of this section shall be and are hereby declared to have all the qualities and incidents of negotiable instruments under the provisions of the Uniform Commercial Code and in exercising the powers granted by this chapter, the State Bond Commission shall not be required to and need not comply with the provisions of the Uniform Commercial Code.
(7) The State Bond Commission shall sell the state 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 shall be made at a price less than par plus accrued interest to date of delivery of the bonds to the purchaser. The state bonds shall bear interest at such rate or rates not exceeding the limits set forth in Section 75-17-101 as shall be fixed by the State Bond Commission. All interest accruing on such bonds so issued shall be payable semiannually or annually; provided that the first interest payment may be for any period of not more than one (1) year.
The lowest interest rate specified for any bonds issued shall not be less than sixty percent (60%) of the highest interest rate specified for the same bond issue. Each interest rate specified in any bid must be in a multiple of one-eighth of one percent (1/8 of 1%) or one-tenth of one percent (1/10 of 1%) and a zero rate of interest cannot be named. Notice of the sale of any state bond shall be published at least one (1) time, the first of which shall be made not less than ten (10) days prior to the date of sale, and shall be so published in one or more newspapers having a general circulation in the City of Jackson and in one or more other newspapers or financial journals with a large national circulation, to be selected by the State Bond Commission.
The State Bond Commission, when issuing any state bonds under the authority of this section, may provide that the bonds, at the option of the state, may be called in for payment and redemption in reverse order of maturity at the call price named therein and accrued interest on such date or dates named therein.
(8) State bonds issued under the provisions of this section shall be the general obligations of the state and backed by the full faith and credit of the state, and if the funds appropriated by the Legislature shall be 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 state bonds shall contain recitals on their faces substantially covering the foregoing provisions of this section.
(9) The State Treasurer is hereby authorized, without further process of law, to certify to the State Fiscal Management Board the necessity for warrants, and the State Fiscal Management Board is hereby authorized and directed to issue such warrants payable out of any funds authorized by this section for such purpose, in such amounts as may be necessary to pay when due the principal of and interest on all state bonds issued under the provisions of this section; 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 thereon, on the due dates thereof.
(10) The state bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified or required by this chapter. Any resolution providing for the issuance of general obligation state bonds under the provisions of this section 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.
(11) In anticipation of the issuance of state bonds hereunder, the State Bond Commission is hereby authorized to negotiate and enter into any purchase, loan, credit or other agreement with any bank, trust company or other lending institution or to issue and sell short-term notes for the purpose of making any payments authorized under this section. All borrowings made under this provision shall be evidenced by notes of the state which shall be issued from time to time, for such amounts not exceeding the amount of state bonds authorized herein, in such form and in such denomination and subject to such terms and conditions of sale and issuance, prepayment or redemption and maturity, rate or rates of interest not to exceed the maximum rate authorized herein for bonds, and time of payment of interest as the State Bond Commission shall agree to in such agreement. Such notes shall constitute general obligations of the state and shall be backed by the full faith and credit of the state. Such notes may also be issued for the purpose of refunding previously issued notes; provided that no notes shall mature more than three (3) years following the date of issuance of the first note hereunder and provided further, that all outstanding notes shall be retired from the proceeds of the first issuance of bonds hereunder. The State Bond Commission is authorized to provide for the compensation of any purchaser of the notes by payment of a fixed fee or commission and for all other costs and expenses of issuance and service, including paying agent costs. Such costs and expenses may be paid from the proceeds of the notes.
(12) The bonds and notes
authorized under the authority of this section may be validated in the * * * inferior courts of the Capitol Complex Improvement District
in the manner and with the force and effect provided now or hereafter by Chapter
13, Title 31, Mississippi Code of 1972, for the validation of county, municipal,
school district and other bonds. The necessary papers for such validation
proceedings shall be transmitted to the state bond attorney, and the required
notice shall be published in a newspaper published in the City of Jackson,
Mississippi.
(13) There is hereby created in the State Treasury a special fund, separate and apart from any other fund, to be designated as the "Superconducting Super Collider Special Fund." On July 15 immediately succeeding the date that the state has been finally selected as the site for the project and on or before the fifteenth day of each succeeding month thereafter until a period of time not to exceed twenty-five (25) years from the initial deposit or until the date that all state bonds issued under this chapter are retired, whichever occurs last in time, the State Treasurer shall deposit into the Superconducting Super Collider Special Fund the sum of Three Million Seven Hundred Fifty Thousand Dollars ($3,750,000.00) from taxes collected under the provisions of Chapter 7, Title 27, Mississippi Code of 1972. Funds deposited in the special fund shall be used to pay the principal of and interest on the state bonds issued under this section and any balance in the special fund in excess of the amount needed to pay the principal of and interest on the state bonds shall be appropriated by the Legislature to defray expenses of the project, facilities related to the project or enhancements within the project area.
SECTION 238. Section 25-11-105, Mississippi Code of 1972, is amended as follows:
25-11-105. I. THOSE WHO ARE ELIGIBLE FOR MEMBERSHIP
The membership of this retirement system shall be composed as follows:
(a) (i) All persons who become employees in the state service after January 31, 1953, and whose wages are subject to payroll taxes and are lawfully reported on IRS Form W-2, except those specifically excluded, or as to whom election is provided in Articles 1 and 3, shall become members of the retirement system as a condition of their employment.
(ii) From and after July 1, 2002, any individual who is employed by a governmental entity to perform professional services shall become a member of the system if the individual is paid regular periodic compensation for those services that is subject to payroll taxes, is provided all other employee benefits and meets the membership criteria established by the regulations adopted by the board of trustees that apply to all other members of the system; however, any active member employed in such a position on July 1, 2002, will continue to be an active member for as long as they are employed in any such position.
(b) All persons who become employees in the state service after January 31, 1953, except those specifically excluded or as to whom election is provided in Articles 1 and 3, unless they file with the board before the lapse of sixty (60) days of employment or sixty (60) days after the effective date of the cited articles, whichever is later, on a form prescribed by the board, a notice of election not to be covered by the membership of the retirement system and a duly executed waiver of all present and prospective benefits that would otherwise inure to them on account of their participation in the system, shall become members of the retirement system; however, no credit for prior service will be granted to members who became members of the system before July 1, 2007, until they have contributed to Article 3 of the retirement system for a minimum period of at least four (4) years, or to members who became members of the system on or after July 1, 2007, until they have contributed to Article 3 of the retirement system for a minimum period of at least eight (8) years. Those members shall receive credit for services performed before January 1, 1953, in employment now covered by Article 3, but no credit shall be granted for retroactive services between January 1, 1953, and the date of their entry into the retirement system, unless the employee pays into the retirement system both the employer's and the employee's contributions on wages paid him during the period from January 31, 1953, to the date of his becoming a contributing member, together with interest at the rate determined by the board of trustees. Members reentering after withdrawal from service shall qualify for prior service under the provisions of Section 25-11-117. From and after July 1, 1998, upon eligibility as noted above, the member may receive credit for such retroactive service provided:
(i) The member shall furnish proof satisfactory to the board of trustees of certification of that service from the covered employer where the services were performed; and
(ii) The member shall pay to the retirement system on the date he or she is eligible for that credit or at any time thereafter before the date of retirement the actuarial cost for each year of that creditable service. The provisions of this subparagraph (ii) shall be subject to the limitations of Section 415 of the Internal Revenue Code and regulations promulgated under Section 415.
Nothing contained in this paragraph (b) shall be construed to limit the authority of the board to allow the correction of reporting errors or omissions based on the payment of the employee and employer contributions plus applicable interest.
(c) All persons who become employees in the state service after January 31, 1953, and who are eligible for membership in any other retirement system shall become members of this retirement system as a condition of their employment, unless they elect at the time of their employment to become a member of that other system.
(d) All persons who are employees in the state service on January 31, 1953, and who are members of any nonfunded retirement system operated by the State of Mississippi, or any of its departments or agencies, shall become members of this system with prior service credit unless, before February 1, 1953, they file a written notice with the board of trustees that they do not elect to become members.
(e) All persons who are employees in the state service on January 31, 1953, and who under existing laws are members of any fund operated for the retirement of employees by the State of Mississippi, or any of its departments or agencies, shall not be entitled to membership in this retirement system unless, before February 1, 1953, any such person indicates by a notice filed with the board, on a form prescribed by the board, his individual election and choice to participate in this system, but no such person shall receive prior service credit unless he becomes a member on or before February 1, 1953.
(f) Each political subdivision of the state and each instrumentality of the state or a political subdivision, or both, is authorized to submit, for approval by the board of trustees, a plan for extending the benefits of this article to employees of any such political subdivision or instrumentality. Each such plan or any amendment to the plan for extending benefits thereof shall be approved by the board of trustees if it finds that the plan, or the plan as amended, is in conformity with such requirements as are provided in Articles 1 and 3; however, upon approval of the plan or any such plan previously approved by the board of trustees, the approved plan shall not be subject to cancellation or termination by the political subdivision or instrumentality. No such plan shall be approved unless:
(i) It provides that all services that constitute employment as defined in Section 25-11-5 and are performed in the employ of the political subdivision or instrumentality, by any employees thereof, shall be covered by the plan, with the exception of municipal employees who are already covered by existing retirement plans; however, those employees in this class may elect to come under the provisions of this article;
(ii) It specifies the source or sources from which the funds necessary to make the payments required by paragraph (d) of Section 25-11-123 and of paragraph (f)(v)2 and 3 of this section are expected to be derived and contains reasonable assurance that those sources will be adequate for that purpose;
(iii) It provides for such methods of administration of the plan by the political subdivision or instrumentality as are found by the board of trustees to be necessary for the proper and efficient administration thereof;
(iv) It provides that the political subdivision or instrumentality will make such reports, in such form and containing such information, as the board of trustees may from time to time require;
(v) It authorizes the board of trustees to terminate the plan in its entirety in the discretion of the board if it finds that there has been a failure to comply substantially with any provision contained in the plan, the termination to take effect at the expiration of such notice and on such conditions as may be provided by regulations of the board and as may be consistent with applicable federal law.
1. The board
of trustees shall not finally refuse to approve a plan submitted under
paragraph (f), and shall not terminate an approved plan without reasonable notice
and opportunity for hearing to each political subdivision or instrumentality affected
by the board's decision. The board's decision in any such case shall be final,
conclusive and binding unless an appeal is taken by the political subdivision
or instrumentality aggrieved by the decision to the * * * inferior courts of the Capitol Complex Improvement
District, in accordance with the provisions of law with respect to civil
causes by certiorari.
2. Each political subdivision or instrumentality as to which a plan has been approved under this section shall pay into the contribution fund, with respect to wages (as defined in Section 25-11-5), at such time or times as the board of trustees may by regulation prescribe, contributions in the amounts and at the rates specified in the applicable agreement entered into by the board.
3. Every political subdivision or instrumentality required to make payments under paragraph (f)(v)2 of this section is authorized, in consideration of the employees' retention in or entry upon employment after enactment of Articles 1 and 3, to impose upon its employees, as to services that are covered by an approved plan, a contribution with respect to wages (as defined in Section 25-11-5) not exceeding the amount provided in Section 25-11-123(d) if those services constituted employment within the meaning of Articles 1 and 3, and to deduct the amount of the contribution from the wages as and when paid. Contributions so collected shall be paid into the contribution fund as partial discharge of the liability of the political subdivisions or instrumentalities under paragraph (f)(v)2 of this section. Failure to deduct the contribution shall not relieve the employee or employer of liability for the contribution.
4. Any state agency, school, political subdivision, instrumentality or any employer that is required to submit contribution payments or wage reports under any section of this chapter shall be assessed interest on delinquent payments or wage reports as determined by the board of trustees in accordance with rules and regulations adopted by the board and delinquent payments, assessed interest and any other amount certified by the board as owed by an employer, may be recovered by action in a court of competent jurisdiction against the reporting agency liable therefor or may, upon due certification of delinquency and at the request of the board of trustees, be deducted from any other monies payable to the reporting agency by any department or agency of the state.
5. Each political subdivision of the state and each instrumentality of the state or a political subdivision or subdivisions that submit a plan for approval of the board, as provided in this section, shall reimburse the board for coverage into the expense account, its pro rata share of the total expense of administering Articles 1 and 3 as provided by regulations of the board.
(g) The board may, in its discretion, deny the right of membership in this system to any class of employees whose compensation is only partly paid by the state or who are occupying positions on a part-time or intermittent basis. The board may, in its discretion, make optional with employees in any such classes their individual entrance into this system.
(h) An employee whose membership in this system is contingent on his own election, and who elects not to become a member, may thereafter apply for and be admitted to membership; but no such employee shall receive prior service credit unless he becomes a member before July 1, 1953, except as provided in paragraph (b).
(i) If any member of this system changes his employment to any agency of the state having an actuarially funded retirement system, the board of trustees may authorize the transfer of the member's creditable service and of the present value of the member's employer's accumulation account and of the present value of the member's accumulated membership contributions to that other system, provided that the employee agrees to the transfer of his accumulated membership contributions and provided that the other system is authorized to receive and agrees to make the transfer.
If any member of any other actuarially funded system maintained by an agency of the state changes his employment to an agency covered by this system, the board of trustees may authorize the receipt of the transfer of the member's creditable service and of the present value of the member's employer's accumulation account and of the present value of the member's accumulated membership contributions from the other system, provided that the employee agrees to the transfer of his accumulated membership contributions to this system and provided that the other system is authorized and agrees to make the transfer.
(j) Wherever state employment is referred to in this section, it includes joint employment by state and federal agencies of all kinds.
(k) Employees of a political subdivision or instrumentality who were employed by the political subdivision or instrumentality before an agreement between the entity and the Public Employees' Retirement System to extend the benefits of this article to its employees, and which agreement provides for the establishment of retroactive service credit, and who became members of the retirement system before July 1, 2007, and have remained contributors to the retirement system for four (4) years, or who became members of the retirement system on or after July 1, 2007, and have remained contributors to the retirement system for eight (8) years, may receive credit for that retroactive service with the political subdivision or instrumentality, provided that the employee and/or employer, as provided under the terms of the modification of the joinder agreement in allowing that coverage, pay into the retirement system the employer's and employee's contributions on wages paid the member during the previous employment, together with interest or actuarial cost as determined by the board covering the period from the date the service was rendered until the payment for the credit for the service was made. Those wages shall be verified by the Social Security Administration or employer payroll records. Effective July 1, 1998, upon eligibility as noted above, a member may receive credit for that retroactive service with the political subdivision or instrumentality provided:
(i) The member shall furnish proof satisfactory to the board of trustees of certification of those services from the political subdivision or instrumentality where the services were rendered or verification by the Social Security Administration; and
(ii) The member shall pay to the retirement system on the date he or she is eligible for that credit or at any time thereafter before the date of retirement the actuarial cost for each year of that creditable service. The provisions of this subparagraph (ii) shall be subject to the limitations of Section 415 of the Internal Revenue Code and regulations promulgated under Section 415.
Nothing contained in this paragraph (k) shall be construed to limit the authority of the board to allow the correction of reporting errors or omissions based on the payment of employee and employer contributions plus applicable interest. Payment for that time shall be made beginning with the most recent service. Upon the payment of all or part of the required contributions, plus interest or the actuarial cost as provided above, the member shall receive credit for the period of creditable service for which full payment has been made to the retirement system.
(l) Through June 30, 1998, any state service eligible for retroactive service credit, no part of which has ever been reported, and requiring the payment of employee and employer contributions plus interest, or, from and after July 1, 1998, any state service eligible for retroactive service credit, no part of which has ever been reported to the retirement system, and requiring the payment of the actuarial cost for that creditable service, may, at the member's option, be purchased in quarterly increments as provided above at the time that its purchase is otherwise allowed.
(m) All rights to purchase retroactive service credit or repay a refund as provided in Section 25-11-101 et seq. shall terminate upon retirement.
II. THOSE WHO ARE NOT ELIGIBLE FOR MEMBERSHIP
The following classes of employees and officers shall not become members of this retirement system, any other provisions of Articles 1 and 3 to the contrary notwithstanding:
(a) Patient or inmate help in state charitable, penal or correctional institutions;
(b) Students of any state educational institution employed by any agency of the state for temporary, part-time or intermittent work;
(c) Participants of Comprehensive Employment and Training Act of 1973 (CETA) being Public Law 93-203, who enroll on or after July l, 1979;
(d) From and after July 1, 2002, individuals who are employed by a governmental entity to perform professional service on less than a full-time basis who do not meet the criteria established in I(a)(ii) of this section.
III. TERMINATION OF MEMBERSHIP
Membership in this system shall cease by a member withdrawing his accumulated contributions, or by a member withdrawing from active service with a retirement allowance, or by a member's death.
SECTION 239. Section 25-9-132, Mississippi Code of 1972, is amended as follows:
25-9-132. Any employee aggrieved by a final decision of the Employee Appeals Board shall be entitled to judicial review thereof in the manner provided in this section.
(1) An appeal may be taken by
such employee to the circuit court of the principal county of the employee's
employment or the * * * inferior courts
of the Capitol Complex Improvement District, by filing a petition with the
clerk of such court and executing and filing bond payable to the State of
Mississippi with sufficient sureties to be approved by the clerk of the court,
in the penalty of Five Hundred Dollars ($500.00), conditioned upon the payment
of all costs of appeal, including the cost of preparing the transcript of the
hearing before the Employee Appeals Board. The petition and bond shall be
filed within thirty (30) days of the receipt of the final decision of the
Employee Appeals Board. Upon approval of the bond, the clerk of the court shall
notify the Employee Appeals Board, which shall prepare its record in the matter
and transmit it to the circuit court.
(2) The scope of review of the circuit court in such cases shall be limited to a review of the record made before the Employee Appeals Board or hearing officer to determine if the action of the Employee Appeals Board is unlawful for the reason that it was:
(a) Not supported by any substantial evidence;
(b) Arbitrary or capricious; or
(c) In violation of some statutory or constitutional right of the employee.
(3) No relief shall be granted based upon the court's finding of harmless error by the board in complying with the procedural requirements of Sections 25-9-127 through 25-9-129; provided, however, in the event that there is a finding of prejudicial error in the proceedings, the cause may be remanded for a rehearing consistent with the findings of the court.
(4) Any party aggrieved by action of the circuit court may appeal to the Supreme Court in the manner provided by law.
(5) In each controversy in which the Employee Appeals Board assumes jurisdiction, the State Personnel Board shall assess the respondent state agency a reasonable fee to defray the cost of recording the hearing. The State Personnel Board is hereby authorized to contract with certified court reporters to record hearings before the Employee Appeals Board.
SECTION 240. Section 71-5-357, Mississippi Code of 1972, is amended as follows:
71-5-357. Benefits paid to employees of nonprofit organizations shall be financed in accordance with the provisions of this section. For the purpose of this section, a nonprofit organization is an organization (or group of organizations) described in Section 501(c)(3) of the Internal Revenue Code of 1954 which is exempt from income tax under Section 501(a) of such code (26 USCS Section 501).
(a) Any nonprofit organization which, under Section 71-5-11, subsection H(3), is or becomes subject to this chapter shall pay contributions under the provisions of Sections 71-5-351 through 71-5-355 unless it elects, in accordance with this paragraph, to pay to the department for the unemployment fund an amount equal to the amount of regular benefits and one-half (1/2) of the extended benefits paid, that is attributable to service in the employ of such nonprofit organization, to individuals for weeks of unemployment which begin during the effective period of such election.
(i) Any nonprofit organization which becomes subject to this chapter may elect to become liable for payments in lieu of contributions for a period of not less than twelve (12) months, beginning with the date on which such subjectivity begins, by filing a written notice of its election with the department not later than thirty (30) days immediately following the date of the determination of such subjectivity.
(ii) Any nonprofit organization which makes an election in accordance with subparagraph (i) of this paragraph will continue to be liable for payments in lieu of contributions unless it files with the department a written termination notice not later than thirty (30) days prior to the beginning of the tax year for which such termination shall first be effective.
(iii) Any nonprofit organization which has been paying contributions under this chapter may change to a reimbursable basis by filing with the department, not later than thirty (30) days prior to the beginning of any tax year, a written notice of election to become liable for payments in lieu of contributions. Such election shall not be terminable by the organization for that and the next tax year.
(iv) The department may for good cause extend the period within which a notice of election or a notice of termination must be filed, and may permit an election to be retroactive.
(v) The department, in accordance with such regulations as it may prescribe, shall notify each nonprofit organization of any determination which it may make of its status as an employer, of the effective date of any election which it makes and of any termination of such election. Such determinations shall be subject to reconsideration, appeal and review in accordance with the provisions of Sections 71-5-351 through 71-5-355.
(b) Payments in lieu of contributions shall be made in accordance with the provisions of subparagraph (i) of this paragraph.
(i) At the end of each calendar quarter, or at the end of any other period as determined by the department, the department shall bill each nonprofit organization (or group of such organizations) which has elected to make payments in lieu of contributions, for an amount equal to the full amount of regular benefits plus one-half (1/2) of the amount of extended benefits paid during such quarter or other prescribed period that is attributable to service in the employ of such organization.
(ii) Payment of any bill rendered under subparagraph (i) of this paragraph shall be made not later than forty-five (45) days after such bill was delivered to the nonprofit organization, unless there has been an application for review and redetermination in accordance with subparagraph (v) of this paragraph.
1. All of the enforcement procedures for the collection of delinquent contributions contained in Sections 71-5-363 through 71-5-383 shall be applicable in all respects for the collection of delinquent payments due by nonprofit organizations who have elected to become liable for payments in lieu of contributions.
2. If any nonprofit organization is delinquent in making payments in lieu of contributions, the department may terminate such organization's election to make payments in lieu of contributions as of the beginning of the next tax year, and such termination shall be effective for the balance of such tax year.
(iii) Payments made by any nonprofit organization under the provisions of this paragraph shall not be deducted or deductible, in whole or in part, from the remuneration of individuals in the employ of the organization.
(iv) Payments due by employers who elect to reimburse the fund in lieu of contributions as provided in this paragraph may not be noncharged under any condition. The reimbursement must be on a dollar-for-dollar basis (One Dollar ($1.00) reimbursement for each dollar paid in benefits) in every case, so that the trust fund shall be reimbursed in full, such reimbursement to include, but not be limited to, benefits or payments erroneously or incorrectly paid, or paid as a result of a determination of eligibility which is subsequently reversed, or paid as a result of claimant fraud. However, political subdivisions who are reimbursing employers may elect to pay to the fund an amount equal to five-tenths percent (.5%) through December 31, 2010, and shall pay twenty-five one-hundredths percent (.25%) thereafter of the taxable wages paid during the calendar year with respect to employment, and those employers who so elect shall be relieved of liability for reimbursement of benefits paid under the same conditions that benefits are not charged to the experience-rating record of a contributing employer as provided in Section 71-5-355(2)(b)(ii) other than Clause 5 thereof. Benefits paid in such circumstances for which reimbursing employers are relieved of liability for reimbursement shall not be considered attributable to service in the employment of such reimbursing employer.
(v) The amount due
specified in any bill from the department shall be conclusive on the
organization unless, not later than fifteen (15) days after the bill was delivered
to it, the organization files an application for redetermination by the department,
setting forth the grounds for such application or appeal. The department shall
promptly review and reconsider the amount due specified in the bill and shall
thereafter issue a redetermination in any case in which such application for
redetermination has been filed. Any such redetermination shall be conclusive on
the organization unless, not later than fifteen (15) days after the redetermination
was delivered to it, the organization files an appeal to the * * * inferior courts of the Capitol Complex
Improvement District in accordance with the provisions of law with respect
to review of civil causes by certiorari.
(vi) Past-due payments of amounts in lieu of contributions shall be subject to the same interest and penalties that, pursuant to Section 71-5-363, apply to past-due contributions.
(c) Each employer that is liable for payments in lieu of contributions shall pay to the department for the fund the amount of regular benefits plus the amount of one-half (1/2) of extended benefits paid are attributable to service in the employ of such employer. If benefits paid to an individual are based on wages paid by more than one (1) employer and one or more of such employers are liable for payments in lieu of contributions, the amount payable to the fund by each employer that is liable for such payments shall be determined in accordance with the provisions of subparagraph (i) or subparagraph (ii) of this paragraph.
(i) If benefits paid to an individual are based on wages paid by one or more employers that are liable for payment in lieu of contributions and on wages paid by one or more employers who are liable for contributions, the amount of benefits payable by each employer that is liable for payments in lieu of contributions shall be an amount which bears the same ratio to the total benefits paid to the individual as the total base period wages paid to the individual by such employer bear to the total base period wages paid to the individual by all of his base period employers.
(ii) If benefits paid to an individual are based on wages paid by two (2) or more employers that are liable for payments in lieu of contributions, the amount of benefits payable by each such employer shall be an amount which bears the same ratio to the total benefits paid to the individual as the total base period wages paid to the individual by such employer bear to the total base period wages paid to the individual by all of his base period employers.
(d) In the discretion of the department, any nonprofit organization that elects to become liable for payments in lieu of contributions shall be required to execute and file with the department a surety bond approved by the department, or it may elect instead to deposit with the department money or securities. The amount of such bond or deposit shall be determined in accordance with the provisions of this paragraph.
(i) The amount of the bond or deposit required by paragraph (d) shall be equal to two and seven-tenths percent (2.7%) thereafter to December 31, 2010, and one and thirty-five one-hundredths percent (1.35%) thereafter, of the organization's taxable wages paid for employment as defined in Section 71-5-11, subsection I(4), for the four (4) calendar quarters immediately preceding the effective date of the election, the renewal date in the case of a bond, or the biennial anniversary of the effective date of election in the case of a deposit of money or securities, whichever date shall be most recent and applicable. If the nonprofit organization did not pay wages in each of such four (4) calendar quarters, the amount of the bond or deposit shall be as determined by the department.
(ii) Any bond deposited under paragraph (d) shall be in force for a period of not less than two (2) tax years and shall be renewed with the approval of the department at such times as the department may prescribe, but not less frequently than at intervals of two (2) years as long as the organization continues to be liable for payments in lieu of contributions. The department shall require adjustments to be made in a previously filed bond as it deems appropriate. If the bond is to be increased, the adjusted bond shall be filed by the organization within thirty (30) days of the date notice of the required adjustment was delivered to it. Failure by any organization covered by such bond to pay the full amount of payments in lieu of contributions when due, together with any applicable interest and penalties provided in paragraph (b)(v) of this section, shall render the surety liable on the bond to the extent of the bond, as though the surety was such organization.
(iii) Any deposit of money or securities in accordance with paragraph (d) shall be retained by the department in an escrow account until liability under the election is terminated, at which time it shall be returned to the organization, less any deductions as hereinafter provided. The department may deduct from the money deposited under paragraph (d) by a nonprofit organization, or sell the securities it has so deposited, to the extent necessary to satisfy any due and unpaid payments in lieu of contributions and any applicable interest and penalties provided for in paragraph (b)(v) of this section. The department shall require the organization, within thirty (30) days following any deduction from a money deposit or sale of deposited securities under the provisions hereof, to deposit sufficient additional money or securities to make whole the organization's deposit at the prior level. Any cash remaining from the sale of such securities shall be a part of the organization's escrow account. The department may, at any time, review the adequacy of the deposit made by any organization. If, as a result of such review, it determines that an adjustment is necessary, it shall require the organization to make additional deposit within thirty (30) days of notice of its determination or shall return to it such portion of the deposit as it no longer considers necessary, whichever action is appropriate. Disposition of income from securities held in escrow shall be governed by the applicable provisions of the state law.
(iv) If any nonprofit organization fails to file a bond or make a deposit, or to file a bond in an increased amount, or to increase or make whole the amount of a previously made deposit as provided under this subparagraph, the department may terminate such organization's election to make payments in lieu of contributions, and such termination shall continue for not less than the four (4) consecutive calendar-quarter periods beginning with the quarter in which such termination becomes effective; however, the department may extend for good cause the applicable filing, deposit or adjustment period by not more than thirty (30) days.
(v) Group account shall be established according to regulations prescribed by the department.
(e) Any employer which elects to make payments in lieu of contributions into the Unemployment Compensation Fund as provided in this paragraph shall not be liable to make such payments with respect to the benefits paid to any individual whose base period wages include wages for previously uncovered services as defined in Section 71-5-511(e) to the extent that the Unemployment Compensation Fund is reimbursed for such benefits pursuant to Section 121 of Public Law 94-566.
SECTION 241. Section 27-77-7, Mississippi Code of 1972, is amended as follows:
27-77-7. (1) The findings and order of the Board of Tax Appeals entered under Section 27-77-5 shall be final unless the agency or the taxpayer shall, within sixty (60) days from the date the Board of Tax Appeals mailed the order, file a petition in the chancery court appealing the order. If the petition under this subsection is filed by the taxpayer, the petition shall be filed against the Department of Revenue as respondent. If the petition under this subsection is filed by the agency, the petition shall be filed against the taxpayer as respondent. The petition shall contain a concise statement of the facts as contended by the petitioner, identify the order from which the appeal is being taken and set out the type of relief sought. If in the action, the taxpayer is seeking a refund or credit for an alleged overpayment of any tax other than individual or corporate income tax or franchise tax, the taxpayer shall allege in the petition or in his answer, where the appeal is filed by the agency, that he alone bore the burden of the tax sought to be refunded or credited and did not directly or indirectly collect the tax from anyone else; however, this requirement shall not apply in any case involving a claim for incentives based on payroll withholding or other incentives, rebates or other economic benefits the computation of which is based, in whole or in part, upon taxes withheld or paid. The respondent to the petition has thirty (30) days from the date of service of the petition to file a cross-appeal.
(2) A petition under
subsection (1) of this section shall be filed in the chancery court of the
county or judicial district in which the taxpayer has a place of business or in
the * * * inferior
courts of the Capitol Complex Improvement, District however, a
resident taxpayer may file the petition in the chancery court of the county or judicial
district in which he is a resident. If both the agency and the taxpayer file a
petition under subsection (1) of this section, the appeals shall be consolidated
and the chancery court where the taxpayer filed his petition shall have jurisdiction
over the consolidated appeal.
(3) Unless otherwise ordered by the chancery court upon motion by the agency, no taxpayer appealing an order of the Board of Tax Appeals under this section shall be required to post security or a bond, or otherwise pay to the agency, under protest or otherwise, any contested taxes, interest, penalties or other amounts. After a petition or cross-appeal is filed by a taxpayer under this section, if the agency believes that its ability to obtain payment from the taxpayer of the taxes, penalties and interest in issue is jeopardized by its inability to proceed with collection due to the filing of the appeal or cross-appeal by the taxpayer or if the agency believes that the appeal or cross-appeal is being brought to delay payment of the taxes, penalties or interest in issue, the agency may move the chancery court to require the taxpayer to post a bond or other adequate security for the payment of any judgment of the court. Upon consideration of such motion, after notice and hearing, the chancellor shall determine whether a bond or other security is needed to protect the interest of the state in regard to the timely payment of the taxes, penalties and interest in issue. If the chancellor determines that a bond or other security is necessary to protect the interest of the state, the chancellor shall provide the taxpayer sixty (60) days from the date that he enters an order on the motion to post with the clerk of the court the bond or other security that the chancellor determines is needed to protect the state's interest. To avoid the accruing of additional penalty and interest while an appeal is pending, a taxpayer appealing an order of the Board of Tax Appeals affirming a tax assessment may, prior to the filing of the petition, pay to the agency, under protest, the amount ordered by the Board of Tax Appeals to be paid and seek a refund of such taxes, plus interest thereon, in the appeal. The taxpayer shall pay to the agency any tax included in the assessment which he is not contesting. If the petition initiating the appeal is filed by the taxpayer, the payment of the uncontested tax shall be made prior to the expiration of the sixty-day time period for filing a petition under subsection (1) of this section or the commissioner may institute collection proceedings for such uncontested amount. If the petition initiating the appeal is filed by the agency, the payment of the uncontested tax shall be made prior to the expiration of the sixty-day time period for the filing of the petition. Failure of the taxpayer to timely pay the uncontested tax shall not bar the taxpayer from obtaining a reduction, abatement and/or refund of any contested tax in the appeal and shall not result in the taxpayer's appeal or cross-appeal being dismissed or delayed or judgment being entered granting the agency the relief it requested.
(4) In an action under this section resulting from an order of the Board of Tax Appeals involving a refund claim denial, the agency shall refund or credit to the taxpayer, as provided by law, the amount of any overpayment included in the refund claim which the agency does not contest. If the petition initiating the appeal is filed by the agency, the uncontested overpayment shall be paid or credited to the taxpayer prior to the expiration of the sixty-day time period for filing a petition under subsection (1) of this section. If the petition initiating the appeal is filed by the taxpayer, such uncontested overpayment shall be paid or credited to the taxpayer prior to the expiration of the thirty-day time period for the filing of an answer or other response to the petition as provided in subsection (5) of this section. Failure of the agency to timely pay or credit the uncontested overpayment to the taxpayer shall bar the agency from obtaining an affirmation, in whole or in part, of the refund claim denial in issue until the payment or claim is made, but shall not result in the agency's appeal or cross-appeal being dismissed or judgment being entered granting the taxpayer the relief he requested.
(5) Upon the filing of the petition under subsection (1) of this section, the clerk of the court shall issue a summons to the respondent requiring the respondent to answer or otherwise respond to the petition within thirty (30) days of service. Where the agency is the respondent, the summons shall be served on the agency by personal service on the commissioner as the chief executive officer of the agency. The chancery court in which a petition under subsection (1) of this section is properly filed shall have jurisdiction to hear and determine the cause or issues joined as in other cases. In any petition, cross-appeal or answer in which the taxpayer is seeking a refund or credit for an alleged overpayment of any tax other than individual or corporate income tax or franchise tax the taxpayer shall prove by a preponderance of the evidence that he alone bore the burden of the tax sought to be refunded or credited and did not directly or indirectly collect the tax from anyone else; however, this requirement shall not apply in any case involving a claim for incentives based on withholding taxes or other incentives, rebates or other economic benefits the computation of which is based, in whole or in part, upon taxes withheld or paid. At trial of any action brought under this section, the chancery court shall give no deference to the decision of the Board of Tax Appeals, the Board of Review or the Department of Revenue, but shall give deference to the department's interpretation and application of the statutes as reflected in duly enacted regulations and other officially adopted publications. The chancery court shall try the case de novo and conduct a full evidentiary judicial hearing on all factual and legal issues raised by the taxpayer which address the substantive or procedural propriety of the actions of the Department of Revenue being appealed. The chancery court is expressly prohibited from trying any action filed pursuant to this section using the more limited standard of review specified for appeals in Section 27-77-13 of this chapter. Based on the evidence presented at trial, the chancery court shall determine whether the party bringing the appeal has proven by a preponderance of the evidence or a higher standard if required by the issues raised, that he is entitled to any or all of the relief he has requested. The chancery court shall decide all factual and legal questions presented, including those as to legality and the amount of tax, refund, tax credit or tax incentive due as well as whether and to what extent the imposition of interest and/or penalties are warranted under the facts of the case, and if it finds that the tax assessment, denial of the claim for a tax refund, tax credit or tax incentive or other action of the agency in issue is incorrect or invalid, in whole or in part, it shall determine the amount of tax or refund due, including interest and, if applicable, penalty to date, and enter such order or judgment as it deems proper. Interest and penalty included in this determination shall be computed by the court based on the methods for computing penalty and interest as specified by law for the type of tax in issue, and the court shall have the same discretion as the commissioner in determining whether and to what extent such amounts are warranted under the facts of the case. When the chancery court determines that an overpayment exists, the determination as to whether such overpayment shall be refunded to the taxpayer or credited against the taxpayer's future taxes shall be made by the chancery court based on the method for handling overpayments as specified by the law for the type of tax in issue. Either the agency or the taxpayer, or both, shall have the right to appeal from the order of the chancery court to the Supreme Court as in other cases. If an appeal is taken from the order of the chancery court, any bond or other security required to be posted by order of the chancery court shall continue to remain in place until a final decision is rendered in the case.
SECTION 242. Section 57-75-15, Mississippi Code of 1972, is amended as follows:
[Through June 30, 2025, this section shall read as follows:]
57-75-15. (1) Upon notification to the authority by the enterprise that the state has been finally selected as the site for the project, the State Bond Commission shall have the power and is hereby authorized and directed, upon receipt of a declaration from the authority as hereinafter provided, to borrow money and issue general obligation bonds of the state in one or more series for the purposes herein set out. Upon such notification, the authority may thereafter, from time to time, declare the necessity for the issuance of general obligation bonds as authorized by this section and forward such declaration to the State Bond Commission, provided that before such notification, the authority may enter into agreements with the United States government, private companies and others that will commit the authority to direct the State Bond Commission to issue bonds for eligible undertakings set out in subsection (4) of this section, conditioned on the siting of the project in the state.
(2) Upon receipt of any such declaration from the authority, the State Bond Commission shall verify that the state has been selected as the site of the project and shall act as the issuing agent for the series of bonds directed to be issued in such declaration pursuant to authority granted in this section.
(3) (a) Bonds issued under the authority of this section for projects as defined in Section 57-75-5(f)(i) shall not exceed an aggregate principal amount in the sum of Sixty-seven Million Three Hundred Fifty Thousand Dollars ($67,350,000.00).
(b) Bonds issued under the authority of this section for projects as defined in Section 57-75-5(f)(ii) shall not exceed Seventy-seven Million Dollars ($77,000,000.00). The authority, with the express direction of the State Bond Commission, is authorized to expend any remaining proceeds of bonds issued under the authority of this act prior to January 1, 1998, for the purpose of financing projects as then defined in Section 57-75-5(f)(ii) or for any other projects as defined in Section 57-75-5(f)(ii), as it may be amended from time to time. No bonds shall be issued under this paragraph (b) until the State Bond Commission by resolution adopts a finding that the issuance of such bonds will improve, expand or otherwise enhance the military installation, its support areas or military operations, or will provide employment opportunities to replace those lost by closure or reductions in operations at the military installation or will support critical studies or investigations authorized by Section 57-75-5(f)(ii).
(c) Bonds issued under the authority of this section for projects as defined in Section 57-75-5(f)(iii) shall not exceed Ten Million Dollars ($10,000,000.00). No bonds shall be issued under this paragraph after December 31, 1996.
(d) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(iv) shall not exceed Three Hundred Fifty-one Million Dollars ($351,000,000.00). An additional amount of bonds in an amount not to exceed Twelve Million Five Hundred Thousand Dollars ($12,500,000.00) may be issued under the authority of this section for the purpose of defraying costs associated with the construction of surface water transmission lines for a project defined in Section 57-75-5(f)(iv) or for any facility related to the project. No bonds shall be issued under this paragraph after June 30, 2005.
(e) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(v) and for facilities related to such projects shall not exceed Thirty-eight Million Five Hundred Thousand Dollars ($38,500,000.00). No bonds shall be issued under this paragraph after April 1, 2005.
(f) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(vii) shall not exceed Five Million Dollars ($5,000,000.00). No bonds shall be issued under this paragraph after June 30, 2006.
(g) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(viii) shall not exceed Four Million Five Hundred Thousand Dollars ($4,500,000.00). No bonds shall be issued under this paragraph after June 30, 2008.
(h) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(ix) shall not exceed Five Million Dollars ($5,000,000.00). No bonds shall be issued under this paragraph after June 30, 2007.
(i) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(x) shall not exceed Five Million Dollars ($5,000,000.00). No bonds shall be issued under this paragraph after April 1, 2005.
(j) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xii) shall not exceed Thirty-three Million Dollars ($33,000,000.00). The amount of bonds that may be issued under this paragraph for projects defined in Section 57-75-5(f)(xii) may be reduced by the amount of any federal or local funds made available for such projects. No bonds shall be issued under this paragraph until local governments in or near the county in which the project is located have irrevocably committed funds to the project in an amount of not less than Two Million Five Hundred Thousand Dollars ($2,500,000.00) in the aggregate; however, this irrevocable commitment requirement may be waived by the authority upon a finding that due to the unforeseen circumstances created by Hurricane Katrina, the local governments are unable to comply with such commitment. No bonds shall be issued under this paragraph after June 30, 2008.
(k) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xiii) shall not exceed Three Million Dollars ($3,000,000.00). No bonds shall be issued under this paragraph after June 30, 2009.
(l) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xiv) shall not exceed Twenty-four Million Dollars ($24,000,000.00). No bonds shall be issued under this paragraph until local governments in the county in which the project is located have irrevocably committed funds to the project in an amount of not less than Two Million Dollars ($2,000,000.00). No bonds shall be issued under this paragraph after June 30, 2009.
(m) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xv) shall not exceed Five Hundred Thousand Dollars ($500,000.00). No bonds shall be issued under this paragraph after June 30, 2009.
(n) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xvi) shall not exceed Ten Million Dollars ($10,000,000.00). No bonds shall be issued under this paragraph after June 30, 2011.
(o) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xvii) shall not exceed Three Million Five Hundred Thousand Dollars ($3,500,000.00). No bonds shall be issued under this paragraph after June 30, 2010.
(p) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xviii) shall not exceed Ninety-six Million Dollars ($96,000,000.00). No bonds shall be issued under this paragraph after June 30, 2011.
(q) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xix) shall not exceed Fifteen Million Dollars ($15,000,000.00). No bonds shall be issued under this paragraph after June 30, 2012.
(r) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xx) shall not exceed Twenty-three Million Dollars ($23,000,000.00). No bonds shall be issued under this paragraph after April 25, 2013.
(s) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xxi) shall not exceed Two Hundred Ninety-three Million Nine Hundred Thousand Dollars ($293,900,000.00). No bonds shall be issued under this paragraph after July 1, 2020.
(t) Bonds issued under the authority of this section for Tier One suppliers shall not exceed Thirty Million Dollars ($30,000,000.00). No bonds shall be issued under this paragraph after July 1, 2020.
(u) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xxii) shall not exceed Forty-eight Million Four Hundred Thousand Dollars ($48,400,000.00). No bonds shall be issued under this paragraph after July 1, 2020.
(v) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xxiii) shall not exceed Eighty-eight Million Two Hundred Fifty Thousand Dollars ($88,250,000.00). No bonds shall be issued under this paragraph after July 1, 2009.
(w) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xxiv) shall not exceed Thirteen Million Dollars ($13,000,000.00). No bonds shall be issued under this paragraph after July 1, 2020.
(x) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xxv) shall not exceed Twenty-five Million Dollars ($25,000,000.00). No bonds shall be issued under this paragraph after July 1, 2017.
(y) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xxvi) shall not exceed Thirty-five Million One Hundred Thousand Dollars ($35,100,000.00). No bonds shall be issued under this paragraph after July 1, 2021.
(z) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xxvii) shall not exceed Fifty Million Dollars ($50,000,000.00). No bonds shall be issued under this paragraph after April 25, 2013.
(aa) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xxviii) shall not exceed One Hundred Thirty Million Dollars ($130,000,000.00). No bonds shall be issued under this paragraph after July 1, 2023.
(bb) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xxix) shall not exceed Two Hundred Sixty-three Million Dollars ($263,000,000.00). No bonds shall be issued under this paragraph after July 1, 2034.
(cc) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xxx) shall not exceed Eleven Million Dollars ($11,000,000.00). No bonds shall be issued under this paragraph after July 1, 2025.
(dd) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xxxi) shall not exceed Two Hundred Forty-six Million Seven Hundred Ninety-eight Thousand Five Hundred Fifty Dollars ($246,798,550.00); however, the total amount of bonds that may be issued under the authority of this section for projects defined in Section 57-75-5(f)(xxxi) shall be reduced by the amount of any other funds authorized by the Legislature during the 2022 First Extraordinary Session specifically for such projects. No bonds shall be issued under this paragraph after July 1, 2040.
(4) (a) The proceeds from the sale of the bonds issued under this section may be applied for the following purposes:
(i) Defraying all or any designated portion of the costs incurred with respect to acquisition, planning, design, construction, installation, rehabilitation, improvement, relocation and with respect to state-owned property, operation and maintenance of the project and any facility related to the project located within the project area, including costs of design and engineering, all costs incurred to provide land, easements and rights-of-way, relocation costs with respect to the project and with respect to any facility related to the project located within the project area, and costs associated with mitigation of environmental impacts and environmental impact studies;
(ii) Defraying the cost of providing for the recruitment, screening, selection, training or retraining of employees, candidates for employment or replacement employees of the project and any related activity;
(iii) Reimbursing the Mississippi Development Authority for expenses it incurred in regard to projects defined in Section 57-75-5(f)(iv) prior to November 6, 2000. The Mississippi Development Authority shall submit an itemized list of expenses it incurred in regard to such projects to the Chairmen of the Finance and Appropriations Committees of the Senate and the Chairmen of the Ways and Means and Appropriations Committees of the House of Representatives;
(iv) Providing grants to enterprises operating projects defined in Section 57-75-5(f)(iv)1;
(v) Paying any warranty made by the authority regarding site work for a project defined in Section 57-75-5(f)(iv)1;
(vi) Defraying the cost of marketing and promotion of a project as defined in Section 57-75-5(f)(iv)1, Section 57-75-5(f)(xxi) or Section 57-75-5(f)(xxii). The authority shall submit an itemized list of costs incurred for marketing and promotion of such project to the Chairmen of the Finance and Appropriations Committees of the Senate and the Chairmen of the Ways and Means and Appropriations Committees of the House of Representatives;
(vii) Providing for the payment of interest on the bonds;
(viii) Providing debt service reserves;
(ix) Paying underwriters' discount, original issue discount, accountants' fees, engineers' fees, attorneys' fees, rating agency fees and other fees and expenses in connection with the issuance of the bonds;
(x) For purposes authorized in paragraphs (b) and (c) of this subsection (4);
(xi) Providing grants to enterprises operating projects defined in Section 57-75-5(f)(v), or, in connection with a facility related to such a project, for any purposes deemed by the authority in its sole discretion to be necessary and appropriate;
(xii) Providing grant funds or loans to a public agency or an enterprise owning, leasing or operating a project defined in Section 57-75-5(f)(ii);
(xiii) Providing grant funds or loans to an enterprise owning, leasing or operating a project defined in Section 57-75-5(f)(xiv);
(xiv) Providing grants, loans and payments to or for the benefit of an enterprise owning or operating a project defined in Section 57-75-5(f)(xviii);
(xv) Purchasing equipment for a project defined in Section 57-75-5(f)(viii) subject to such terms and conditions as the authority considers necessary and appropriate;
(xvi) Providing grant funds to an enterprise developing or owning a project defined in Section 57-75-5(f)(xx);
(xvii) Providing grants and loans for projects as authorized in Section 57-75-11(kk), (ll), (mm), (uu), (vv) or, in connection with a facility related to such a project, for any purposes deemed by the authority in its sole discretion to be necessary and appropriate;
(xviii) Providing grants for projects as authorized in Section 57-75-11(pp) for any purposes deemed by the authority in its sole discretion to be necessary and appropriate;
(xix) Providing grants and loans for projects as authorized in Section 57-75-11(qq);
(xx) Providing grants for projects as authorized in Section 57-75-11(rr);
(xxi) Providing grants, loans and payments as authorized in Section 57-75-11(ss);
(xxii) Providing grants and loans as authorized in Section 57-75-11(tt);
(xxiii) Providing grants as authorized in Section 57-75-11(ww) for any purposes deemed by the authority in its sole discretion to be necessary and appropriate; and
(xxiv) Providing loans, grants and other funds as authorized in Sections 57-75-11(xx) and 57-75-11(yy) for any purposes deemed by the authority in its sole discretion to be necessary and appropriate.
Such bonds shall be issued, from time to time, and in such principal amounts as shall be designated by the authority, not to exceed in aggregate principal amounts the amount authorized in subsection (3) of this section. Proceeds from the sale of the bonds issued under this section may be invested, subject to federal limitations, pending their use, in such securities as may be specified in the resolution authorizing the issuance of the bonds or the trust indenture securing them, and the earning on such investment applied as provided in such resolution or trust indenture.
(b) (i) The proceeds of bonds issued after June 21, 2002, under this section for projects described in Section 57-75-5(f)(iv) may be used to reimburse reasonable actual and necessary costs incurred by the Mississippi Development Authority in providing assistance related to a project for which funding is provided from the use of proceeds of such bonds. The Mississippi Development Authority shall maintain an accounting of actual costs incurred for each project for which reimbursements are sought. Reimbursements under this paragraph (b)(i) shall not exceed Three Hundred Thousand Dollars ($300,000.00) in the aggregate. Reimbursements under this paragraph (b)(i) shall satisfy any applicable federal tax law requirements.
(ii) The proceeds of bonds issued after June 21, 2002, under this section for projects described in Section 57-75-5(f)(iv) may be used to reimburse reasonable actual and necessary costs incurred by the Department of Audit in providing services related to a project for which funding is provided from the use of proceeds of such bonds. The Department of Audit shall maintain an accounting of actual costs incurred for each project for which reimbursements are sought. The Department of Audit may escalate its budget and expend such funds in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds. Reimbursements under this paragraph (b)(ii) shall not exceed One Hundred Thousand Dollars ($100,000.00) in the aggregate. Reimbursements under this paragraph (b)(ii) shall satisfy any applicable federal tax law requirements.
(c) (i) Except as otherwise provided in this subsection, the proceeds of bonds issued under this section for a project described in Section 57-75-5(f) may be used to reimburse reasonable actual and necessary costs incurred by the Mississippi Development Authority in providing assistance related to the project for which funding is provided for the use of proceeds of such bonds. The Mississippi Development Authority shall maintain an accounting of actual costs incurred for each project for which reimbursements are sought. Reimbursements under this paragraph shall not exceed Twenty-five Thousand Dollars ($25,000.00) for each project.
(ii) Except as otherwise provided in this subsection, the proceeds of bonds issued under this section for a project described in Section 57-75-5(f) may be used to reimburse reasonable actual and necessary costs incurred by the Department of Audit in providing services related to the project for which funding is provided from the use of proceeds of such bonds. The Department of Audit shall maintain an accounting of actual costs incurred for each project for which reimbursements are sought. The Department of Audit may escalate its budget and expend such funds in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds. Reimbursements under this paragraph shall not exceed Twenty-five Thousand Dollars ($25,000.00) for each project. Reimbursements under this paragraph shall satisfy any applicable federal tax law requirements.
(5) The principal of and the interest on the bonds shall be payable in the manner hereinafter set forth. The bonds shall bear date or dates; be in such denomination or denominations; bear interest at such rate or rates; be payable at such place or places within or without the state; mature absolutely at such time or times; be redeemable before maturity at such time or times and upon such terms, with or without premium; bear such registration privileges; and be substantially in such form; all as shall be determined by resolution of the State Bond Commission except that such bonds shall mature or otherwise be retired in annual installments beginning not more than five (5) years from the date thereof and extending not more than twenty-five (25) years from the date thereof. The bonds 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 imprinted on or affixed thereto, attested by the manual or facsimile signature of the Secretary of the State Bond Commission. Whenever any such bonds have been signed by the officials herein 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 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 the delivery of the same to the purchaser, or had been in office on the date such bonds may bear.
(6) All bonds issued under the provisions of this section shall be and are hereby declared to have all the qualities and incidents of negotiable instruments under the provisions of the Uniform Commercial Code and in exercising the powers granted by this chapter, the State Bond Commission shall not be required to and need not comply with the provisions of the Uniform Commercial Code.
(7) The State Bond Commission shall act as issuing agent for the bonds, prescribe the form of the bonds, determine the appropriate method for sale of the bonds, advertise for and accept bids or negotiate the sale of the bonds, issue and sell the bonds, pay all fees and costs incurred in such issuance and sale, and do any and all other things necessary and advisable in connection with the issuance and sale of the bonds. The State Bond Commission may sell such bonds on sealed bids at public sale or may negotiate the sale of the bonds for such price as it may determine to be for the best interest of the State of Mississippi. The bonds shall bear interest at such rate or rates not exceeding the limits set forth in Section 75-17-101 as shall be fixed by the State Bond Commission. All interest accruing on such bonds so issued shall be payable semiannually or annually.
If the bonds are to be sold on sealed bids at public sale, notice of the sale of any bonds shall be published at least one time, the first of which shall be made not less than ten (10) days prior to the date of sale, and shall be so published in one or more newspapers having a general circulation in the City of Jackson, Mississippi, selected by the State Bond Commission.
The State Bond Commission, when issuing any bonds under the authority of this section, may provide that the bonds, at the option of the state, may be called in for payment and redemption at the call price named therein and accrued interest on such date or dates named therein.
(8) State bonds issued under the provisions of this section shall be the general obligations of the state and backed by the full faith and credit of the state. The Legislature shall appropriate annually an amount sufficient to pay the principal of and the interest on such bonds as they become due. All bonds shall contain recitals on their faces substantially covering the foregoing provisions of this section.
(9) The State Treasurer is authorized to certify to the Department of Finance and Administration the necessity for warrants, and the Department of Finance and Administration is authorized and directed to issue such warrants payable out of any funds appropriated by the Legislature under this section for such purpose, in such amounts as may be necessary to pay when due the principal of and interest on all bonds issued under the provisions of this section. 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 thereon, on the due dates thereof.
(10) The bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified or required by this chapter. Any resolution providing for the issuance of general obligation bonds under the provisions of this section 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.
(11) In anticipation of the issuance of bonds hereunder, the State Bond Commission is authorized to negotiate and enter into any purchase, loan, credit or other agreement with any bank, trust company or other lending institution or to issue and sell interim notes for the purpose of making any payments authorized under this section. All borrowings made under this provision shall be evidenced by notes of the state which shall be issued from time to time, for such amounts not exceeding the amount of bonds authorized herein, in such form and in such denomination and subject to such terms and conditions of sale and issuance, prepayment or redemption and maturity, rate or rates of interest not to exceed the maximum rate authorized herein for bonds, and time of payment of interest as the State Bond Commission shall agree to in such agreement. Such notes shall constitute general obligations of the state and shall be backed by the full faith and credit of the state. Such notes may also be issued for the purpose of refunding previously issued notes. No note shall mature more than three (3) years following the date of its issuance. The State Bond Commission is authorized to provide for the compensation of any purchaser of the notes by payment of a fixed fee or commission and for all other costs and expenses of issuance and service, including paying agent costs. Such costs and expenses may be paid from the proceeds of the notes.
(12) The bonds and interim notes
authorized under the authority of this section may be validated in the * * * inferior courts of the Capitol Complex Improvement
District, in the manner and with the force and effect provided now or hereafter
by Chapter 13, Title 31, Mississippi Code of 1972, for the validation of county,
municipal, school district and other bonds. The necessary papers for such validation
proceedings shall be transmitted to the State Bond Attorney, and the required notice
shall be published in a newspaper published in the City of Jackson, Mississippi.
(13) Any bonds or interim notes issued under the provisions of this chapter, a transaction relating to the sale or securing of such bonds or interim notes, their transfer and the income therefrom shall at all times be free from taxation by the state or any local unit or political subdivision or other instrumentality of the state, excepting inheritance and gift taxes.
(14) All bonds issued under this chapter shall be legal investments for trustees, other fiduciaries, savings banks, trust companies and insurance companies organized under the laws of the State of Mississippi; and such bonds shall be legal securities which may be deposited with and shall be received by all public officers and bodies of the state and all municipalities and other political subdivisions thereof for the purpose of securing the deposit of public funds.
(15) The Attorney General of the State of Mississippi shall represent the State Bond Commission in issuing, selling and validating bonds herein provided for, and the Bond Commission is hereby authorized and empowered to expend from the proceeds derived from the sale of the bonds authorized hereunder all necessary administrative, legal and other expenses incidental and related to the issuance of bonds authorized under this chapter.
(16) There is hereby created a special fund in the State Treasury to be known as the Mississippi Major Economic Impact Authority Fund wherein shall be deposited the proceeds of the bonds issued under this chapter and all monies received by the authority to carry out the purposes of this chapter. Expenditures authorized herein shall be paid by the State Treasurer upon warrants drawn from the fund, and the Department of Finance and Administration shall issue warrants upon requisitions signed by the director of the authority.
(17) (a) There is hereby created the Mississippi Economic Impact Authority Sinking Fund from which the principal of and interest on such bonds shall be paid by appropriation. All monies paid into the sinking fund not appropriated to pay accruing bonds and interest shall be invested by the State Treasurer in such securities as are provided by law for the investment of the sinking funds of the state.
(b) In the event that all or any part of the bonds and notes are purchased, they shall be cancelled and returned to the loan and transfer agent as cancelled and paid bonds and notes and thereafter all payments of interest thereon shall cease and the cancelled bonds, notes and coupons, together with any other cancelled bonds, notes and coupons, shall be destroyed as promptly as possible after cancellation but not later than two (2) years after cancellation. A certificate evidencing the destruction of the cancelled bonds, notes and coupons shall be provided by the loan and transfer agent to the seller.
(c) The State Treasurer shall determine and report to the Department of Finance and Administration and Legislative Budget Office by September 1 of each year the amount of money necessary for the payment of the principal of and interest on outstanding obligations for the following fiscal year and the times and amounts of the payments. It shall be the duty of the Governor to include in every executive budget submitted to the Legislature full information relating to the issuance of bonds and notes under the provisions of this chapter and the status of the sinking fund for the payment of the principal of and interest on the bonds and notes.
(d) Any monies repaid to the state from loans authorized in Section 57-75-11(hh) shall be deposited into the Mississippi Major Economic Impact Authority Sinking Fund unless the State Bond Commission, at the request of the authority, shall determine that such loan repayments are needed to provide additional loans as authorized under Section 57-75-11(hh). For purposes of providing additional loans, there is hereby created the Mississippi Major Economic Impact Authority Revolving Loan Fund and loan repayments shall be deposited into the fund. The fund shall be maintained for such period as determined by the State Bond Commission for the sole purpose of making additional loans as authorized by Section 57-75-11(hh). Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund and any interest earned on amounts in such fund shall be deposited to the credit of the fund.
(e) Any monies repaid to the state from loans authorized in Section 57-75-11(ii) shall be deposited into the Mississippi Major Economic Impact Authority Sinking Fund.
(f) Any monies repaid to the state from loans authorized in Section 57-75-11(jj), Section 57-75-11(vv) and Section 57-75-11(xx) shall be deposited into the Mississippi Major Economic Impact Authority Sinking Fund.
(18) (a) Upon receipt of a declaration by the authority that it has determined that the state is a potential site for a project, the State Bond Commission is authorized and directed to authorize the State Treasurer to borrow money from any special fund in the State Treasury not otherwise appropriated to be utilized by the authority for the purposes provided for in this subsection.
(b) The proceeds of the money borrowed under this subsection may be utilized by the authority for the purpose of defraying all or a portion of the costs incurred by the authority with respect to acquisition options and planning, design and environmental impact studies with respect to a project defined in Section 57-75-5(f)(xi) or Section 57-75-5(f)(xxix). The authority may escalate its budget and expend the proceeds of the money borrowed under this subsection in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.
(c) The authority shall request an appropriation or additional authority to issue general obligation bonds to repay the borrowed funds and establish a date for the repayment of the funds so borrowed.
(d) Borrowings made under the provisions of this subsection shall not exceed Five Hundred Thousand Dollars ($500,000.00) at any one time.
[From and after July 1, 2025, this section shall read as follows:]
57-75-15. (1) Upon notification to the authority by the enterprise that the state has been finally selected as the site for the project, the State Bond Commission shall have the power and is hereby authorized and directed, upon receipt of a declaration from the authority as hereinafter provided, to borrow money and issue general obligation bonds of the state in one or more series for the purposes herein set out. Upon such notification, the authority may thereafter, from time to time, declare the necessity for the issuance of general obligation bonds as authorized by this section and forward such declaration to the State Bond Commission, provided that before such notification, the authority may enter into agreements with the United States government, private companies and others that will commit the authority to direct the State Bond Commission to issue bonds for eligible undertakings set out in subsection (4) of this section, conditioned on the siting of the project in the state.
(2) Upon receipt of any such declaration from the authority, the State Bond Commission shall verify that the state has been selected as the site of the project and shall act as the issuing agent for the series of bonds directed to be issued in such declaration pursuant to authority granted in this section.
(3) (a) Bonds issued under the authority of this section for projects as defined in Section 57-75-5(f)(i) shall not exceed an aggregate principal amount in the sum of Sixty-seven Million Three Hundred Fifty Thousand Dollars ($67,350,000.00).
(b) Bonds issued under the authority of this section for projects as defined in Section 57-75-5(f)(ii) shall not exceed Seventy-seven Million Dollars ($77,000,000.00). The authority, with the express direction of the State Bond Commission, is authorized to expend any remaining proceeds of bonds issued under the authority of this act prior to January 1, 1998, for the purpose of financing projects as then defined in Section 57-75-5(f)(ii) or for any other projects as defined in Section 57-75-5(f)(ii), as it may be amended from time to time. No bonds shall be issued under this paragraph (b) until the State Bond Commission by resolution adopts a finding that the issuance of such bonds will improve, expand or otherwise enhance the military installation, its support areas or military operations, or will provide employment opportunities to replace those lost by closure or reductions in operations at the military installation or will support critical studies or investigations authorized by Section 57-75-5(f)(ii).
(c) Bonds issued under the authority of this section for projects as defined in Section 57-75-5(f)(iii) shall not exceed Ten Million Dollars ($10,000,000.00). No bonds shall be issued under this paragraph after December 31, 1996.
(d) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(iv) shall not exceed Three Hundred Fifty-one Million Dollars ($351,000,000.00). An additional amount of bonds in an amount not to exceed Twelve Million Five Hundred Thousand Dollars ($12,500,000.00) may be issued under the authority of this section for the purpose of defraying costs associated with the construction of surface water transmission lines for a project defined in Section 57-75-5(f)(iv) or for any facility related to the project. No bonds shall be issued under this paragraph after June 30, 2005.
(e) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(v) and for facilities related to such projects shall not exceed Thirty-eight Million Five Hundred Thousand Dollars ($38,500,000.00). No bonds shall be issued under this paragraph after April 1, 2005.
(f) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(vii) shall not exceed Five Million Dollars ($5,000,000.00). No bonds shall be issued under this paragraph after June 30, 2006.
(g) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(viii) shall not exceed Four Million Five Hundred Thousand Dollars ($4,500,000.00). No bonds shall be issued under this paragraph after June 30, 2008.
(h) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(ix) shall not exceed Five Million Dollars ($5,000,000.00). No bonds shall be issued under this paragraph after June 30, 2007.
(i) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(x) shall not exceed Five Million Dollars ($5,000,000.00). No bonds shall be issued under this paragraph after April 1, 2005.
(j) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xii) shall not exceed Thirty-three Million Dollars ($33,000,000.00). The amount of bonds that may be issued under this paragraph for projects defined in Section 57-75-5(f)(xii) may be reduced by the amount of any federal or local funds made available for such projects. No bonds shall be issued under this paragraph until local governments in or near the county in which the project is located have irrevocably committed funds to the project in an amount of not less than Two Million Five Hundred Thousand Dollars ($2,500,000.00) in the aggregate; however, this irrevocable commitment requirement may be waived by the authority upon a finding that due to the unforeseen circumstances created by Hurricane Katrina, the local governments are unable to comply with such commitment. No bonds shall be issued under this paragraph after June 30, 2008.
(k) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xiii) shall not exceed Three Million Dollars ($3,000,000.00). No bonds shall be issued under this paragraph after June 30, 2009.
(l) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xiv) shall not exceed Twenty-four Million Dollars ($24,000,000.00). No bonds shall be issued under this paragraph until local governments in the county in which the project is located have irrevocably committed funds to the project in an amount of not less than Two Million Dollars ($2,000,000.00). No bonds shall be issued under this paragraph after June 30, 2009.
(m) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xv) shall not exceed Five Hundred Thousand Dollars ($500,000.00). No bonds shall be issued under this paragraph after June 30, 2009.
(n) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xvi) shall not exceed Ten Million Dollars ($10,000,000.00). No bonds shall be issued under this paragraph after June 30, 2011.
(o) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xvii) shall not exceed Three Million Five Hundred Thousand Dollars ($3,500,000.00). No bonds shall be issued under this paragraph after June 30, 2010.
(p) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xviii) shall not exceed Ninety-six Million Dollars ($96,000,000.00). No bonds shall be issued under this paragraph after June 30, 2016.
(q) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xix) shall not exceed Fifteen Million Dollars ($15,000,000.00). No bonds shall be issued under this paragraph after June 30, 2012.
(r) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xx) shall not exceed Twenty-three Million Dollars ($23,000,000.00). No bonds shall be issued under this paragraph after April 25, 2013.
(s) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xxi) shall not exceed Two Hundred Ninety-three Million Nine Hundred Thousand Dollars ($293,900,000.00). No bonds shall be issued under this paragraph after July 1, 2020.
(t) Bonds issued under the authority of this section for Tier One suppliers shall not exceed Thirty Million Dollars ($30,000,000.00). No bonds shall be issued under this paragraph after July 1, 2020.
(u) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xxii) shall not exceed Forty-eight Million Four Hundred Thousand Dollars ($48,400,000.00). No bonds shall be issued under this paragraph after July 1, 2020.
(v) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xxiii) shall not exceed Eighty-eight Million Two Hundred Fifty Thousand Dollars ($88,250,000.00). No bonds shall be issued under this paragraph after July 1, 2009.
(w) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xxiv) shall not exceed Thirteen Million Dollars ($13,000,000.00). No bonds shall be issued under this paragraph after July 1, 2020.
(x) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xxv) shall not exceed Twenty-five Million Dollars ($25,000,000.00). No bonds shall be issued under this paragraph after July 1, 2017.
(y) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xxvi) shall not exceed Thirty-five Million One Hundred Thousand Dollars ($35,100,000.00). No bonds shall be issued under this paragraph after July 1, 2021.
(z) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xxvii) shall not exceed Fifty Million Dollars ($50,000,000.00). No bonds shall be issued under this paragraph after April 25, 2013.
(aa) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xxviii) shall not exceed One Hundred Thirty Million Dollars ($130,000,000.00). No bonds shall be issued under this paragraph after July 1, 2023.
(bb) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xxix) shall not exceed Two Hundred Sixty-three Million Dollars ($263,000,000.00). No bonds shall be issued under this paragraph after July 1, 2034.
(cc) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xxx) shall not exceed Eleven Million Dollars ($11,000,000.00). No bonds shall be issued under this paragraph after July 1, 2025.
(dd) Bonds issued under the authority of this section for projects defined in Section 57-75-5(f)(xxxi) shall not exceed Two Hundred Forty-six Million Seven Hundred Ninety-eight Thousand Five Hundred Fifty Dollars ($246,798,550.00); however, the total amount of bonds that may be issued under the authority of this section for projects defined in Section 57-75-5(f)(xxxi) shall be reduced by the amount of any other funds authorized by the Legislature during the 2022 First Extraordinary Session specifically for such projects. No bonds shall be issued under this paragraph after July 1, 2040.
(4) (a) The proceeds from the sale of the bonds issued under this section may be applied for the following purposes:
(i) Defraying all or any designated portion of the costs incurred with respect to acquisition, planning, design, construction, installation, rehabilitation, improvement, relocation and with respect to state-owned property, operation and maintenance of the project and any facility related to the project located within the project area, including costs of design and engineering, all costs incurred to provide land, easements and rights-of-way, relocation costs with respect to the project and with respect to any facility related to the project located within the project area, and costs associated with mitigation of environmental impacts and environmental impact studies;
(ii) Defraying the cost of providing for the recruitment, screening, selection, training or retraining of employees, candidates for employment or replacement employees of the project and any related activity;
(iii) Reimbursing the Mississippi Development Authority for expenses it incurred in regard to projects defined in Section 57-75-5(f)(iv) prior to November 6, 2000. The Mississippi Development Authority shall submit an itemized list of expenses it incurred in regard to such projects to the Chairmen of the Finance and Appropriations Committees of the Senate and the Chairmen of the Ways and Means and Appropriations Committees of the House of Representatives;
(iv) Providing grants to enterprises operating projects defined in Section 57-75-5(f)(iv)1;
(v) Paying any warranty made by the authority regarding site work for a project defined in Section 57-75-5(f)(iv)1;
(vi) Defraying the cost of marketing and promotion of a project as defined in Section 57-75-5(f)(iv)1, Section 57-75-5(f)(xxi) or Section 57-75-5(f)(xxii). The authority shall submit an itemized list of costs incurred for marketing and promotion of such project to the Chairmen of the Finance and Appropriations Committees of the Senate and the Chairmen of the Ways and Means and Appropriations Committees of the House of Representatives;
(vii) Providing for the payment of interest on the bonds;
(viii) Providing debt service reserves;
(ix) Paying underwriters' discount, original issue discount, accountants' fees, engineers' fees, attorneys' fees, rating agency fees and other fees and expenses in connection with the issuance of the bonds;
(x) For purposes authorized in paragraphs (b) and (c) of this subsection (4);
(xi) Providing grants to enterprises operating projects defined in Section 57-75-5(f)(v), or, in connection with a facility related to such a project, for any purposes deemed by the authority in its sole discretion to be necessary and appropriate;
(xii) Providing grant funds or loans to a public agency or an enterprise owning, leasing or operating a project defined in Section 57-75-5(f)(ii);
(xiii) Providing grant funds or loans to an enterprise owning, leasing or operating a project defined in Section 57-75-5(f)(xiv);
(xiv) Providing grants, loans and payments to or for the benefit of an enterprise owning or operating a project defined in Section 57-75-5(f)(xviii);
(xv) Purchasing equipment for a project defined in Section 57-75-5(f)(viii) subject to such terms and conditions as the authority considers necessary and appropriate;
(xvi) Providing grant funds to an enterprise developing or owning a project defined in Section 57-75-5(f)(xx);
(xvii) Providing grants and loans for projects as authorized in Section 57-75-11(kk), (ll), (mm), (uu), (vv) or, in connection with a facility related to such a project, for any purposes deemed by the authority in its sole discretion to be necessary and appropriate;
(xviii) Providing grants for projects as authorized in Section 57-75-11(pp) for any purposes deemed by the authority in its sole discretion to be necessary and appropriate;
(xix) Providing grants and loans for projects as authorized in Section 57-75-11(qq);
(xx) Providing grants for projects as authorized in Section 57-75-11(rr);
(xxi) Providing grants, loans and payments as authorized in Section 57-75-11(ss);
(xxii) Providing loans as authorized in Section 57-75-11(tt);
(xxiii) Providing grants as authorized in Section 57-75-11(ww) for any purposes deemed by the authority in its sole discretion to be necessary and appropriate; and
(xxiv) Providing loans, grants and other funds as authorized in Sections 57-75-11(xx) and 57-75-11(yy) for any purposes deemed by the authority in its sole discretion to be necessary and appropriate.
Such bonds shall be issued, from time to time, and in such principal amounts as shall be designated by the authority, not to exceed in aggregate principal amounts the amount authorized in subsection (3) of this section. Proceeds from the sale of the bonds issued under this section may be invested, subject to federal limitations, pending their use, in such securities as may be specified in the resolution authorizing the issuance of the bonds or the trust indenture securing them, and the earning on such investment applied as provided in such resolution or trust indenture.
(b) (i) The proceeds of bonds issued after June 21, 2002, under this section for projects described in Section 57-75-5(f)(iv) may be used to reimburse reasonable actual and necessary costs incurred by the Mississippi Development Authority in providing assistance related to a project for which funding is provided from the use of proceeds of such bonds. The Mississippi Development Authority shall maintain an accounting of actual costs incurred for each project for which reimbursements are sought. Reimbursements under this paragraph (b)(i) shall not exceed Three Hundred Thousand Dollars ($300,000.00) in the aggregate. Reimbursements under this paragraph (b)(i) shall satisfy any applicable federal tax law requirements.
(ii) The proceeds of bonds issued after June 21, 2002, under this section for projects described in Section 57-75-5(f)(iv) may be used to reimburse reasonable actual and necessary costs incurred by the Department of Audit in providing services related to a project for which funding is provided from the use of proceeds of such bonds. The Department of Audit shall maintain an accounting of actual costs incurred for each project for which reimbursements are sought. The Department of Audit may escalate its budget and expend such funds in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds. Reimbursements under this paragraph (b)(ii) shall not exceed One Hundred Thousand Dollars ($100,000.00) in the aggregate. Reimbursements under this paragraph (b)(ii) shall satisfy any applicable federal tax law requirements.
(c) (i) Except as otherwise provided in this subsection, the proceeds of bonds issued under this section for a project described in Section 57-75-5(f) may be used to reimburse reasonable actual and necessary costs incurred by the Mississippi Development Authority in providing assistance related to the project for which funding is provided for the use of proceeds of such bonds. The Mississippi Development Authority shall maintain an accounting of actual costs incurred for each project for which reimbursements are sought. Reimbursements under this paragraph shall not exceed Twenty-five Thousand Dollars ($25,000.00) for each project.
(ii) Except as otherwise provided in this subsection, the proceeds of bonds issued under this section for a project described in Section 57-75-5(f) may be used to reimburse reasonable actual and necessary costs incurred by the Department of Audit in providing services related to the project for which funding is provided from the use of proceeds of such bonds. The Department of Audit shall maintain an accounting of actual costs incurred for each project for which reimbursements are sought. The Department of Audit may escalate its budget and expend such funds in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds. Reimbursements under this paragraph shall not exceed Twenty-five Thousand Dollars ($25,000.00) for each project. Reimbursements under this paragraph shall satisfy any applicable federal tax law requirements.
(5) The principal of and the interest on the bonds shall be payable in the manner hereinafter set forth. The bonds shall bear date or dates; be in such denomination or denominations; bear interest at such rate or rates; be payable at such place or places within or without the state; mature absolutely at such time or times; be redeemable before maturity at such time or times and upon such terms, with or without premium; bear such registration privileges; and be substantially in such form; all as shall be determined by resolution of the State Bond Commission except that such bonds shall mature or otherwise be retired in annual installments beginning not more than five (5) years from the date thereof and extending not more than twenty-five (25) years from the date thereof. The bonds 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 imprinted on or affixed thereto, attested by the manual or facsimile signature of the Secretary of the State Bond Commission. Whenever any such bonds have been signed by the officials herein 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 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 the delivery of the same to the purchaser, or had been in office on the date such bonds may bear.
(6) All bonds issued under the provisions of this section shall be and are hereby declared to have all the qualities and incidents of negotiable instruments under the provisions of the Uniform Commercial Code and in exercising the powers granted by this chapter, the State Bond Commission shall not be required to and need not comply with the provisions of the Uniform Commercial Code.
(7) The State Bond Commission shall act as issuing agent for the bonds, prescribe the form of the bonds, advertise for and accept bids, issue and sell the bonds on sealed bids at public sale, pay all fees and costs incurred in such issuance and sale, and do any and all other things necessary and advisable in connection with the issuance and sale of the bonds. The State Bond Commission may sell such bonds on sealed bids at public sale for such price as it may determine to be for the best interest of the State of Mississippi, but no such sale shall be made at a price less than par plus accrued interest to date of delivery of the bonds to the purchaser. The bonds shall bear interest at such rate or rates not exceeding the limits set forth in Section 75-17-101 as shall be fixed by the State Bond Commission. All interest accruing on such bonds so issued shall be payable semiannually or annually; provided that the first interest payment may be for any period of not more than one (1) year.
Notice of the sale of any bonds shall be published at least one time, the first of which shall be made not less than ten (10) days prior to the date of sale, and shall be so published in one or more newspapers having a general circulation in the City of Jackson, Mississippi, selected by the State Bond Commission.
The State Bond Commission, when issuing any bonds under the authority of this section, may provide that the bonds, at the option of the state, may be called in for payment and redemption at the call price named therein and accrued interest on such date or dates named therein.
(8) State bonds issued under the provisions of this section shall be the general obligations of the state and backed by the full faith and credit of the state. The Legislature shall appropriate annually an amount sufficient to pay the principal of and the interest on such bonds as they become due. All bonds shall contain recitals on their faces substantially covering the foregoing provisions of this section.
(9) The State Treasurer is authorized to certify to the Department of Finance and Administration the necessity for warrants, and the Department of Finance and Administration is authorized and directed to issue such warrants payable out of any funds appropriated by the Legislature under this section for such purpose, in such amounts as may be necessary to pay when due the principal of and interest on all bonds issued under the provisions of this section. 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 thereon, on the due dates thereof.
(10) The bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified or required by this chapter. Any resolution providing for the issuance of general obligation bonds under the provisions of this section 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.
(11) In anticipation of the issuance of bonds hereunder, the State Bond Commission is authorized to negotiate and enter into any purchase, loan, credit or other agreement with any bank, trust company or other lending institution or to issue and sell interim notes for the purpose of making any payments authorized under this section. All borrowings made under this provision shall be evidenced by notes of the state which shall be issued from time to time, for such amounts not exceeding the amount of bonds authorized herein, in such form and in such denomination and subject to such terms and conditions of sale and issuance, prepayment or redemption and maturity, rate or rates of interest not to exceed the maximum rate authorized herein for bonds, and time of payment of interest as the State Bond Commission shall agree to in such agreement. Such notes shall constitute general obligations of the state and shall be backed by the full faith and credit of the state. Such notes may also be issued for the purpose of refunding previously issued notes. No note shall mature more than three (3) years following the date of its issuance. The State Bond Commission is authorized to provide for the compensation of any purchaser of the notes by payment of a fixed fee or commission and for all other costs and expenses of issuance and service, including paying agent costs. Such costs and expenses may be paid from the proceeds of the notes.
(12) The bonds and interim notes
authorized under the authority of this section may be validated in the * * * inferior courts of the Capitol Complex Improvement
District, in the manner and with the force and effect provided now or hereafter
by Chapter 13, Title 31, Mississippi Code of 1972, for the validation of county,
municipal, school district and other bonds. The necessary papers for such validation
proceedings shall be transmitted to the State Bond Attorney, and the required notice
shall be published in a newspaper published in the City of Jackson, Mississippi.
(13) Any bonds or interim notes issued under the provisions of this chapter, a transaction relating to the sale or securing of such bonds or interim notes, their transfer and the income therefrom shall at all times be free from taxation by the state or any local unit or political subdivision or other instrumentality of the state, excepting inheritance and gift taxes.
(14) All bonds issued under this chapter shall be legal investments for trustees, other fiduciaries, savings banks, trust companies and insurance companies organized under the laws of the State of Mississippi; and such bonds shall be legal securities which may be deposited with and shall be received by all public officers and bodies of the state and all municipalities and other political subdivisions thereof for the purpose of securing the deposit of public funds.
(15) The Attorney General of the State of Mississippi shall represent the State Bond Commission in issuing, selling and validating bonds herein provided for, and the Bond Commission is hereby authorized and empowered to expend from the proceeds derived from the sale of the bonds authorized hereunder all necessary administrative, legal and other expenses incidental and related to the issuance of bonds authorized under this chapter.
(16) There is hereby created a special fund in the State Treasury to be known as the Mississippi Major Economic Impact Authority Fund wherein shall be deposited the proceeds of the bonds issued under this chapter and all monies received by the authority to carry out the purposes of this chapter. Expenditures authorized herein shall be paid by the State Treasurer upon warrants drawn from the fund, and the Department of Finance and Administration shall issue warrants upon requisitions signed by the director of the authority.
(17) (a) There is hereby created the Mississippi Economic Impact Authority Sinking Fund from which the principal of and interest on such bonds shall be paid by appropriation. All monies paid into the sinking fund not appropriated to pay accruing bonds and interest shall be invested by the State Treasurer in such securities as are provided by law for the investment of the sinking funds of the state.
(b) In the event that all or any part of the bonds and notes are purchased, they shall be cancelled and returned to the loan and transfer agent as cancelled and paid bonds and notes and thereafter all payments of interest thereon shall cease and the cancelled bonds, notes and coupons, together with any other cancelled bonds, notes and coupons, shall be destroyed as promptly as possible after cancellation but not later than two (2) years after cancellation. A certificate evidencing the destruction of the cancelled bonds, notes and coupons shall be provided by the loan and transfer agent to the seller.
(c) The State Treasurer shall determine and report to the Department of Finance and Administration and Legislative Budget Office by September 1 of each year the amount of money necessary for the payment of the principal of and interest on outstanding obligations for the following fiscal year and the times and amounts of the payments. It shall be the duty of the Governor to include in every executive budget submitted to the Legislature full information relating to the issuance of bonds and notes under the provisions of this chapter and the status of the sinking fund for the payment of the principal of and interest on the bonds and notes.
(d) Any monies repaid to the state from loans authorized in Section 57-75-11(hh) shall be deposited into the Mississippi Major Economic Impact Authority Sinking Fund unless the State Bond Commission, at the request of the authority, shall determine that such loan repayments are needed to provide additional loans as authorized under Section 57-75-11(hh). For purposes of providing additional loans, there is hereby created the Mississippi Major Economic Impact Authority Revolving Loan Fund and loan repayments shall be deposited into the fund. The fund shall be maintained for such period as determined by the State Bond Commission for the sole purpose of making additional loans as authorized by Section 57-75-11(hh). Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund and any interest earned on amounts in such fund shall be deposited to the credit of the fund.
(e) Any monies repaid to the state from loans authorized in Section 57-75-11(ii) shall be deposited into the Mississippi Major Economic Impact Authority Sinking Fund.
(f) Any monies repaid to the state from loans authorized in Section 57-75-11(jj), Section 57-75-11(vv) and Section 57-75-11(xx) shall be deposited into the Mississippi Major Economic Impact Authority Sinking Fund.
(18) (a) Upon receipt of a declaration by the authority that it has determined that the state is a potential site for a project, the State Bond Commission is authorized and directed to authorize the State Treasurer to borrow money from any special fund in the State Treasury not otherwise appropriated to be utilized by the authority for the purposes provided for in this subsection.
(b) The proceeds of the money borrowed under this subsection may be utilized by the authority for the purpose of defraying all or a portion of the costs incurred by the authority with respect to acquisition options and planning, design and environmental impact studies with respect to a project defined in Section 57-75-5(f)(xi) or Section 57-75-5(f)(xxix). The authority may escalate its budget and expend the proceeds of the money borrowed under this subsection in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.
(c) The authority shall request an appropriation or additional authority to issue general obligation bonds to repay the borrowed funds and establish a date for the repayment of the funds so borrowed.
(d) Borrowings made under the provisions of this subsection shall not exceed Five Hundred Thousand Dollars ($500,000.00) at any one time.
SECTION 243. Section 25-11-120, Mississippi Code of 1972, is amended as follows:
25-11-120. (1) Any individual aggrieved by an administrative determination, including a determination of the medical board, relating to the eligibility for or payment of benefits, or the calculation of creditable service or other similar matters relating to the Public Employees' Retirement System or any other retirement system or program administered by the board, may request a hearing before a hearing officer designated by the board. Such hearings shall be conducted in accordance with rules and regulations adopted by the board and formal rules of evidence shall not apply. The hearing officer is authorized to administer oaths, hear testimony of witnesses and receive documentary and other evidence. In case of disability appeals, the hearing officer shall have the authority to defer a decision in order to request a medical evaluation or test or additional existing medical records not previously furnished by the claimant. After the hearing and the receipt of any additional medical evidence requested by the hearing officer, the hearing officer shall certify the record to the board, which shall include the hearing officer's proposed statement of facts, conclusions of law and recommendation. The record may include a taped recording of the proceedings of the hearing in lieu of a transcribed copy of the proceedings. The board shall receive the record and make its determination based solely on matters contained therein.
(2) Any individual aggrieved
by the determination of the board may appeal to the * * * inferior courts of the Capitol Complex Improvement
District in accordance with the Uniform Circuit Court Rules governing appeals
to the circuit court in civil cases. Such appeal shall be made solely on the
record before the board and this procedure shall be the exclusive method of
appealing determinations of the board.
(3) The board is authorized to appoint a committee of the board to serve as hearing officer or to employ or contract with qualified personnel to perform the duties of hearing officer and court reporter as may be necessary for conducting, recording and transcribing such hearings. The board may assess and collect fees to offset costs related to such hearings. Those fees shall be deposited to the credit of the Public Employees' Retirement System.
(4) Interest shall not be paid on any benefits, including, but not limited to, benefits that are delayed as a result of an administrative determination or an appeal from an administrative determination.
SECTION 244. Section 37-3-2, Mississippi Code of 1972, is amended as follows:
37-3-2. (1) There is established within the State Department of Education the Commission on Teacher and Administrator Education, Certification and Licensure and Development. It shall be the purpose and duty of the commission to make recommendations to the State Board of Education regarding standards for the certification and licensure and continuing professional development of those who teach or perform tasks of an educational nature in the public schools of Mississippi.
(2) (a) The commission shall be composed of fifteen (15) qualified members. The membership of the commission shall be composed of the following members to be appointed, three (3) from each of the four (4) congressional districts, as such districts existed on January 1, 2011, in accordance with the population calculations determined by the 2010 federal decennial census, including: four (4) classroom teachers; three (3) school administrators; one (1) representative of schools of education of public institutions of higher learning located within the state to be recommended by the Board of Trustees of State Institutions of Higher Learning; one (1) representative from the schools of education of independent institutions of higher learning to be recommended by the Board of the Mississippi Association of Independent Colleges; one (1) representative from public community and junior colleges located within the state to be recommended by the Mississippi Community College Board; one (1) local school board member; and four (4) laypersons. Three (3) members of the commission, at the sole discretion of the State Board of Education, shall be appointed from the state at large.
(b) All appointments shall be made by the State Board of Education after consultation with the State Superintendent of Public Education. The first appointments by the State Board of Education shall be made as follows: five (5) members shall be appointed for a term of one (1) year; five (5) members shall be appointed for a term of two (2) years; and five (5) members shall be appointed for a term of three (3) years. Thereafter, all members shall be appointed for a term of four (4) years.
(3) The State Board of Education when making appointments shall designate a chairman. The commission shall meet at least once every two (2) months or more often if needed. Members of the commission shall be compensated at a rate of per diem as authorized by Section 25-3-69 and be reimbursed for actual and necessary expenses as authorized by Section 25-3-41.
(4) (a) An appropriate staff member of the State Department of Education shall be designated and assigned by the State Superintendent of Public Education to serve as executive secretary and coordinator for the commission. No less than two (2) other appropriate staff members of the State Department of Education shall be designated and assigned by the State Superintendent of Public Education to serve on the staff of the commission.
(b) An Office of Educator Misconduct Evaluations shall be established within the State Department of Education to assist the commission in responding to infractions and violations, and in conducting hearings and enforcing the provisions of subsections (11), (12), (13), (14) and (15) of this section, and violations of the Mississippi Educator Code of Ethics.
(5) It shall be the duty of the commission to:
(a) Set standards and criteria, subject to the approval of the State Board of Education, for all educator preparation programs in the state;
(b) Recommend to the State Board of Education each year approval or disapproval of each educator preparation program in the state, subject to a process and schedule determined by the State Board of Education;
(c) Establish, subject to the approval of the State Board of Education, standards for initial teacher certification and licensure in all fields;
(d) Establish, subject to the approval of the State Board of Education, standards for the renewal of teacher licenses in all fields;
(e) Review and evaluate objective measures of teacher performance, such as test scores, which may form part of the licensure process, and to make recommendations for their use;
(f) Review all existing requirements for certification and licensure;
(g) Consult with groups whose work may be affected by the commission's decisions;
(h) Prepare reports from time to time on current practices and issues in the general area of teacher education and certification and licensure;
(i) Hold hearings concerning standards for teachers' and administrators' education and certification and licensure with approval of the State Board of Education;
(j) Hire expert consultants with approval of the State Board of Education;
(k) Set up ad hoc committees to advise on specific areas;
(l) Perform such other functions as may fall within their general charge and which may be delegated to them by the State Board of Education; and
(m) Establish standards, subject to the approval of the State Board of Education, for supplemental endorsements, provided that the standards allow teachers as many options as possible to receive a supplemental endorsement, including, but not limited to, the option of taking additional coursework or earning at least the minimum qualifying score or higher on the required licensure subject assessment relevant to the endorsement area for which the licensure is sought. The subject assessment option shall not apply to certain subject areas, including, but not limited to, Early/Primary Education PreK-3, Elementary Education, or Special Education, except by special approval by the State Board of Education.
(6) (a) Standard License - Approved Program Route. An educator entering the school system of Mississippi for the first time and meeting all requirements as established by the State Board of Education shall be granted a standard five-year license. Persons who possess two (2) years of classroom experience as an assistant teacher or who have taught for one (1) year in an accredited public or private school shall be allowed to fulfill student teaching requirements under the supervision of a qualified participating teacher approved by an accredited college of education. The local school district in which the assistant teacher is employed shall compensate such assistant teachers at the required salary level during the period of time such individual is completing student teaching requirements. Applicants for a standard license shall submit to the department:
(i) An application on a department form;
(ii) An official transcript of completion of a teacher education program approved by the department or a nationally accredited program, subject to the following: Licensure to teach in Mississippi prekindergarten through kindergarten classrooms shall require completion of a teacher education program or a Bachelor of Science degree with child development emphasis from a program accredited by the American Association of Family and Consumer Sciences (AAFCS) or by the National Association for Education of Young Children (NAEYC) or by the National Council for Accreditation of Teacher Education (NCATE). Licensure to teach in Mississippi kindergarten, for those applicants who have completed a teacher education program, and in Grade 1 through Grade 4 shall require the completion of an interdisciplinary program of studies. Licenses for Grades 4 through 8 shall require the completion of an interdisciplinary program of studies with two (2) or more areas of concentration. Licensure to teach in Mississippi Grades 7 through 12 shall require a major in an academic field other than education, or a combination of disciplines other than education. Students preparing to teach a subject shall complete a major in the respective subject discipline. All applicants for standard licensure shall demonstrate that such person's college preparation in those fields was in accordance with the standards set forth by the National Council for Accreditation of Teacher Education (NCATE) or the National Association of State Directors of Teacher Education and Certification (NASDTEC) or, for those applicants who have a Bachelor of Science degree with child development emphasis, the American Association of Family and Consumer Sciences (AAFCS). Effective July 1, 2016, for initial elementary education licensure, a teacher candidate must earn a passing score on a rigorous test of scientifically research-based reading instruction and intervention and data-based decision-making principles as approved by the State Board of Education;
(iii) A copy of test scores evidencing satisfactory completion of nationally administered examinations of achievement, such as the Educational Testing Service's teacher testing examinations;
(iv) Any other document required by the State Board of Education; and
(v) From and after July 1, 2020, no teacher candidate shall be licensed to teach in Mississippi who did not meet the following criteria for entrance into an approved teacher education program:
1. An ACT Score of twenty-one (21) (or SAT equivalent); or
2. Achieve a qualifying passing score on the Praxis Core Academic Skills for Educators examination as established by the State Board of Education; or
3. A minimum GPA of 3.0 on coursework prior to admission to an approved teacher education program.
(b) (i) Standard License - Nontraditional Teaching Route. From and after July 1, 2020, no teacher candidate shall be licensed to teach in Mississippi under the alternate route who did not meet the following criteria:
1. An ACT Score of twenty-one (21) (or SAT equivalent); or
2. Achieve a qualifying passing score on the Praxis Core Academic Skills for Educators examination as established by the State Board of Education; or
3. A minimum GPA of 3.0 on coursework prior to admission to an approved teacher education program.
(ii) Beginning July 1, 2020, an individual who has attained a passing score on the Praxis Core Academic Skills for Educators or an ACT Score of twenty-one (21) (or SAT equivalent) or a minimum GPA of 3.0 on coursework prior to admission to an approved teacher education program and a passing score on the Praxis Subject Assessment in the requested area of endorsement may apply for admission to the Teach Mississippi Institute (TMI) program to teach students in Grades 7 through 12 if the individual meets the requirements of this paragraph (b). The State Board of Education shall adopt rules requiring that teacher preparation institutions which provide the Teach Mississippi Institute (TMI) program for the preparation of nontraditional teachers shall meet the standards and comply with the provisions of this paragraph.
1. The Teach Mississippi Institute (TMI) shall include an intensive eight-week, nine-semester-hour summer program or a curriculum of study in which the student matriculates in the fall or spring semester, which shall include, but not be limited to, instruction in education, effective teaching strategies, classroom management, state curriculum requirements, planning and instruction, instructional methods and pedagogy, using test results to improve instruction, and a one (1) semester three-hour supervised internship to be completed while the teacher is employed as a full-time teacher intern in a local school district. The TMI shall be implemented on a pilot program basis, with courses to be offered at up to four (4) locations in the state, with one (1) TMI site to be located in each of the three (3) Mississippi Supreme Court districts.
2. The school sponsoring the teacher intern shall enter into a written agreement with the institution providing the Teach Mississippi Institute (TMI) program, under terms and conditions as agreed upon by the contracting parties, providing that the school district shall provide teacher interns seeking a nontraditional provisional teaching license with a one-year classroom teaching experience. The teacher intern shall successfully complete the one (1) semester three-hour intensive internship in the school district during the semester immediately following successful completion of the TMI and prior to the end of the one-year classroom teaching experience.
3. Upon completion of the nine-semester-hour TMI or the fall or spring semester option, the individual shall submit his transcript to the commission for provisional licensure of the intern teacher, and the intern teacher shall be issued a provisional teaching license by the commission, which will allow the individual to legally serve as a teacher while the person completes a nontraditional teacher preparation internship program.
4. During the semester of internship in the school district, the teacher preparation institution shall monitor the performance of the intern teacher. The school district that employs the provisional teacher shall supervise the provisional teacher during the teacher's intern year of employment under a nontraditional provisional license, and shall, in consultation with the teacher intern's mentor at the school district of employment, submit to the commission a comprehensive evaluation of the teacher's performance sixty (60) days prior to the expiration of the nontraditional provisional license. If the comprehensive evaluation establishes that the provisional teacher intern's performance fails to meet the standards of the approved nontraditional teacher preparation internship program, the individual shall not be approved for a standard license.
5. An individual issued a provisional teaching license under this nontraditional route shall successfully complete, at a minimum, a one-year beginning teacher mentoring and induction program administered by the employing school district with the assistance of the State Department of Education.
6. Upon successful completion of the TMI and the internship provisional license period, applicants for a Standard License - Nontraditional Route shall submit to the commission a transcript of successful completion of the twelve (12) semester hours required in the internship program, and the employing school district shall submit to the commission a recommendation for standard licensure of the intern. If the school district recommends licensure, the applicant shall be issued a Standard License - Nontraditional Route which shall be valid for a five-year period and be renewable.
7. At the discretion of the teacher preparation institution, the individual shall be allowed to credit the twelve (12) semester hours earned in the nontraditional teacher internship program toward the graduate hours required for a Master of Arts in Teacher (MAT) Degree.
8. The local school district in which the nontraditional teacher intern or provisional licensee is employed shall compensate such teacher interns at Step 1 of the required salary level during the period of time such individual is completing teacher internship requirements and shall compensate such Standard License - Nontraditional Route teachers at Step 3 of the required salary level when they complete license requirements.
(iii) Implementation of the TMI program provided for under this paragraph (b) shall be contingent upon the availability of funds appropriated specifically for such purpose by the Legislature. Such implementation of the TMI program may not be deemed to prohibit the State Board of Education from developing and implementing additional alternative route teacher licensure programs, as deemed appropriate by the board. The emergency certification program in effect prior to July 1, 2002, shall remain in effect.
(iv) A Standard License - Approved Program Route shall be issued for a five-year period, and may be renewed. Recognizing teaching as a profession, a hiring preference shall be granted to persons holding a Standard License - Approved Program Route or Standard License - Nontraditional Teaching Route over persons holding any other license.
(c) Special License - Expert Citizen. In order to allow a school district to offer specialized or technical courses, the State Department of Education, in accordance with rules and regulations established by the State Board of Education, may grant a five-year expert citizen-teacher license to local business or other professional personnel to teach in a public school or nonpublic school accredited or approved by the state. Such person shall be required to have a high school diploma, an industry-recognized certification related to the subject area in which they are teaching and a minimum of five (5) years of relevant experience but shall not be required to hold an associate or bachelor's degree, provided that he or she possesses the minimum qualifications required for his or her profession, and may begin teaching upon his employment by the local school board and licensure by the Mississippi Department of Education. If a school board hires a career technical education pathway instructor who does not have an industry certification in his or her area of expertise but does have the required experience, the school board shall spread their decision on the minutes at their next meeting and provide a detailed explanation for why they hired the instructor. Such instructor shall present the minutes of the school board to the State Department of Education when he or she applies for an expert citizen license. The board shall adopt rules and regulations to administer the expert citizen-teacher license. A Special License - Expert Citizen may be renewed in accordance with the established rules and regulations of the State Department of Education.
(d) Special License - Nonrenewable. The State Board of Education is authorized to establish rules and regulations to allow those educators not meeting requirements in paragraph (a), (b) or (c) of this subsection (6) to be licensed for a period of not more than three (3) years, except by special approval of the State Board of Education.
(e) Nonlicensed Teaching Personnel. A nonlicensed person may teach for a maximum of three (3) periods per teaching day in a public school district or a nonpublic school accredited/approved by the state. Such person shall submit to the department a transcript or record of his education and experience which substantiates his preparation for the subject to be taught and shall meet other qualifications specified by the commission and approved by the State Board of Education. In no case shall any local school board hire nonlicensed personnel as authorized under this paragraph in excess of five percent (5%) of the total number of licensed personnel in any single school.
(f) Special License - Transitional Bilingual Education. Beginning July 1, 2003, the commission shall grant special licenses to teachers of transitional bilingual education who possess such qualifications as are prescribed in this section. Teachers of transitional bilingual education shall be compensated by local school boards at not less than one (1) step on the regular salary schedule applicable to permanent teachers licensed under this section. The commission shall grant special licenses to teachers of transitional bilingual education who present the commission with satisfactory evidence that they (i) possess a speaking and reading ability in a language, other than English, in which bilingual education is offered and communicative skills in English; (ii) are in good health and sound moral character; (iii) possess a bachelor's degree or an associate's degree in teacher education from an accredited institution of higher education; (iv) meet such requirements as to courses of study, semester hours therein, experience and training as may be required by the commission; and (v) are legally present in the United States and possess legal authorization for employment. A teacher of transitional bilingual education serving under a special license shall be under an exemption from standard licensure if he achieves the requisite qualifications therefor. Two (2) years of service by a teacher of transitional bilingual education under such an exemption shall be credited to the teacher in acquiring a Standard Educator License. Nothing in this paragraph shall be deemed to prohibit a local school board from employing a teacher licensed in an appropriate field as approved by the State Department of Education to teach in a program in transitional bilingual education.
(g) In the event any school district meets the highest accreditation standards as defined by the State Board of Education in the accountability system, the State Board of Education, in its discretion, may exempt such school district from any restrictions in paragraph (e) relating to the employment of nonlicensed teaching personnel.
(h) Highly Qualified Teachers. Beginning July 1, 2006, any teacher from any state meeting the federal definition of highly qualified, as described in the No Child Left Behind Act, must be granted a standard five-year license by the State Department of Education.
(7) Administrator License. The State Board of Education is authorized to establish rules and regulations and to administer the licensure process of the school administrators in the State of Mississippi. There will be four (4) categories of administrator licensure with exceptions only through special approval of the State Board of Education.
(a) Administrator License - Nonpracticing. Those educators holding administrative endorsement but having no administrative experience or not serving in an administrative position on January 15, 1997.
(b) Administrator License - Entry Level. Those educators holding administrative endorsement and having met the department's qualifications to be eligible for employment in a Mississippi school district. Administrator License - Entry Level shall be issued for a five-year period and shall be nonrenewable.
(c) Standard Administrator License - Career Level. An administrator who has met all the requirements of the department for standard administrator licensure.
(d) Administrator License - Nontraditional Route. The board may establish a nontraditional route for licensing administrative personnel. Such nontraditional route for administrative licensure shall be available for persons holding, but not limited to, a master of business administration degree, a master of public administration degree, a master of public planning and policy degree or a doctor of jurisprudence degree from an accredited college or university, with five (5) years of administrative or supervisory experience. Successful completion of the requirements of alternate route licensure for administrators shall qualify the person for a standard administrator license.
Individuals seeking school administrator licensure under paragraph (b), (c) or (d) shall successfully complete a training program and an assessment process prescribed by the State Board of Education. All applicants for school administrator licensure shall meet all requirements prescribed by the department under paragraph (b), (c) or (d), and the cost of the assessment process required shall be paid by the applicant.
(8) Reciprocity. The department shall grant a standard five-year license to any individual who possesses a valid standard license from another state, or another country or political subdivision thereof, within a period of twenty-one (21) days from the date of a completed application. The issuance of a license by reciprocity to a military-trained applicant, military spouse or person who establishes residence in this state shall be subject to the provisions of Section 73-50-1 or 73-50-2, as applicable.
(9) Renewal and Reinstatement of Licenses. The State Board of Education is authorized to establish rules and regulations for the renewal and reinstatement of educator and administrator licenses. Effective May 15, 1997, the valid standard license held by an educator shall be extended five (5) years beyond the expiration date of the license in order to afford the educator adequate time to fulfill new renewal requirements established pursuant to this subsection. An educator completing a master of education, educational specialist or doctor of education degree in May 1997 for the purpose of upgrading the educator's license to a higher class shall be given this extension of five (5) years plus five (5) additional years for completion of a higher degree. For all license types with a current valid expiration date of June 30, 2021, the State Department of Education shall grant a one-year extension to June 30, 2022. Beginning July 1, 2022, and thereafter, applicants for licensure renewal shall meet all requirements in effect on the date that the complete application is received by the State Department of Education.
(10) All controversies involving the issuance, revocation, suspension or any change whatsoever in the licensure of an educator required to hold a license shall be initially heard in a hearing de novo, by the commission or by a subcommittee established by the commission and composed of commission members, or by a hearing officer retained and appointed by the commission, for the purpose of holding hearings. Any complaint seeking the denial of issuance, revocation or suspension of a license shall be by sworn affidavit filed with the Commission on Teacher and Administrator Education, Certification and Licensure and Development. The decision thereon by the commission, its subcommittee or hearing officer, shall be final, unless the aggrieved party shall appeal to the State Board of Education, within ten (10) days, of the decision of the commission, its subcommittee or hearing officer. An appeal to the State Board of Education shall be perfected upon filing a notice of the appeal and by the prepayment of the costs of the preparation of the record of proceedings by the commission, its subcommittee or hearing officer. An appeal shall be on the record previously made before the commission, its subcommittee or hearing officer, unless otherwise provided by rules and regulations adopted by the board. The decision of the commission, its subcommittee or hearing officer shall not be disturbed on appeal if supported by substantial evidence, was not arbitrary or capricious, within the authority of the commission, and did not violate some statutory or constitutional right. The State Board of Education in its authority may reverse, or remand with instructions, the decision of the commission, its subcommittee or hearing officer. The decision of the State Board of Education shall be final.
(11) (a) The State Board of Education, acting through the commission, may deny an application for any teacher or administrator license for one or more of the following:
(i) Lack of qualifications which are prescribed by law or regulations adopted by the State Board of Education;
(ii) The applicant has a physical, emotional or mental disability that renders the applicant unfit to perform the duties authorized by the license, as certified by a licensed psychologist or psychiatrist;
(iii) The applicant is actively addicted to or actively dependent on alcohol or other habit-forming drugs or is a habitual user of narcotics, barbiturates, amphetamines, hallucinogens or other drugs having similar effect, at the time of application for a license;
(iv) Fraud or deceit committed by the applicant in securing or attempting to secure such certification and license;
(v) Failing or refusing to furnish reasonable evidence of identification;
(vi) The applicant has been convicted, has pled guilty or entered a plea of nolo contendere to a felony, as defined by federal or state law. For purposes of this subparagraph (vi) of this paragraph (a), a "guilty plea" includes a plea of guilty, entry of a plea of nolo contendere, or entry of an order granting pretrial or judicial diversion;
(vii) The applicant or licensee is on probation or post-release supervision for a felony or conviction, as defined by federal or state law. However, this disqualification expires upon the end of the probationary or post-release supervision period.
(b) The State Board of Education, acting through the commission, shall deny an application for any teacher or administrator license, or immediately revoke the current teacher or administrator license, for one or more of the following:
(i) If the applicant or licensee has been convicted, has pled guilty or entered a plea of nolo contendere to a sex offense as defined by federal or state law. For purposes of this subparagraph (i) of this paragraph (b), a "guilty plea" includes a plea of guilty, entry of a plea of nolo contendere, or entry of an order granting pretrial or judicial diversion;
(ii) The applicant or licensee is on probation or post-release supervision for a sex offense conviction, as defined by federal or state law;
(iii) The license holder has fondled a student as described in Section 97-5-23, or had any type of sexual involvement with a student as described in Section 97-3-95; or
(iv) The license holder has failed to report sexual involvement of a school employee with a student as required by Section 97-5-24.
(12) The State Board of Education, acting through the commission, may revoke, suspend or refuse to renew any teacher or administrator license for specified periods of time or may place on probation, reprimand a licensee, or take other disciplinary action with regard to any license issued under this chapter for one or more of the following:
(a) Breach of contract or abandonment of employment may result in the suspension of the license for one (1) school year as provided in Section 37-9-57;
(b) Obtaining a license by fraudulent means shall result in immediate suspension and continued suspension for one (1) year after correction is made;
(c) Suspension or revocation of a certificate or license by another state shall result in immediate suspension or revocation and shall continue until records in the prior state have been cleared;
(d) The license holder has been convicted, has pled guilty or entered a plea of nolo contendere to a felony, as defined by federal or state law. For purposes of this paragraph, a "guilty plea" includes a plea of guilty, entry of a plea of nolo contendere, or entry of an order granting pretrial or judicial diversion;
(e) The license holder knowingly and willfully committing any of the acts affecting validity of mandatory uniform test results as provided in Section 37-16-4(1);
(f) The license holder has engaged in unethical conduct relating to an educator/student relationship as identified by the State Board of Education in its rules;
(g) The license holder served as superintendent or principal in a school district during the time preceding and/or that resulted in the Governor declaring a state of emergency and the State Board of Education appointing a conservator;
(h) The license holder submitted a false certification to the State Department of Education that a statewide test was administered in strict accordance with the Requirements of the Mississippi Statewide Assessment System; or
(i) The license holder has failed to comply with the Procedures for Reporting Infractions as promulgated by the commission and approved by the State Board of Education pursuant to subsection (15) of this section.
For purposes of this subsection, probation shall be defined as a length of time determined by the commission, its subcommittee or hearing officer, and based on the severity of the offense in which the license holder shall meet certain requirements as prescribed by the commission, its subcommittee or hearing officer. Failure to complete the requirements in the time specified shall result in immediate suspension of the license for one (1) year.
(13) (a) Dismissal or suspension of a licensed employee by a local school board pursuant to Section 37-9-59 may result in the suspension or revocation of a license for a length of time which shall be determined by the commission and based upon the severity of the offense.
(b) Any offense committed or attempted in any other state shall result in the same penalty as if committed or attempted in this state.
(c) A person may voluntarily surrender a license. The surrender of such license may result in the commission recommending any of the above penalties without the necessity of a hearing. However, any such license which has voluntarily been surrendered by a licensed employee may only be reinstated by a majority vote of all members of the commission present at the meeting called for such purpose.
(14) (a) A person whose license has been suspended or surrendered on any grounds except criminal grounds may petition for reinstatement of the license after one (1) year from the date of suspension or surrender, or after one-half (1/2) of the suspended or surrendered time has lapsed, whichever is greater. A person whose license has been suspended or revoked on any grounds or violations under subsection (12) of this section may be reinstated automatically or approved for a reinstatement hearing, upon submission of a written request to the commission. A license suspended, revoked or surrendered on criminal grounds may be reinstated upon petition to the commission filed after expiration of the sentence and parole or probationary period imposed upon conviction. A revoked, suspended or surrendered license may be reinstated upon satisfactory showing of evidence of rehabilitation. The commission shall require all who petition for reinstatement to furnish evidence satisfactory to the commission of good character, good mental, emotional and physical health and such other evidence as the commission may deem necessary to establish the petitioner's rehabilitation and fitness to perform the duties authorized by the license.
(b) A person whose license expires while under investigation by the Office of Educator Misconduct for an alleged violation may not be reinstated without a hearing before the commission if required based on the results of the investigation.
(15) Reporting procedures and hearing procedures for dealing with infractions under this section shall be promulgated by the commission, subject to the approval of the State Board of Education. The revocation or suspension of a license shall be effected at the time indicated on the notice of suspension or revocation. The commission shall immediately notify the superintendent of the school district or school board where the teacher or administrator is employed of any disciplinary action and also notify the teacher or administrator of such revocation or suspension and shall maintain records of action taken. The State Board of Education may reverse or remand with instructions any decision of the commission, its subcommittee or hearing officer regarding a petition for reinstatement of a license, and any such decision of the State Board of Education shall be final.
(16) An appeal from the action
of the State Board of Education in denying an application, revoking or suspending
a license or otherwise disciplining any person under the provisions of this section
shall be filed in the * * *
inferior courts of the Capitol Complex Improvement District on the record
made, including a verbatim transcript of the testimony at the hearing. The appeal
shall be filed within thirty (30) days after notification of the action of the board
is mailed or served and the proceedings in chancery court shall be conducted as
other matters coming before the court. The appeal shall be perfected upon filing
notice of the appeal and by the prepayment of all costs, including the cost of preparation
of the record of the proceedings by the State Board of Education, and the filing
of a bond in the sum of Two Hundred Dollars ($200.00) conditioned that if the action
of the board be affirmed by the chancery court, the applicant or license holder
shall pay the costs of the appeal and the action of the chancery court.
(17) All such programs, rules, regulations, standards and criteria recommended or authorized by the commission shall become effective upon approval by the State Board of Education as designated by appropriate orders entered upon the minutes thereof.
(18) The granting of a license shall not be deemed a property right nor a guarantee of employment in any public school district. A license is a privilege indicating minimal eligibility for teaching in the public school districts of Mississippi. This section shall in no way alter or abridge the authority of local school districts to require greater qualifications or standards of performance as a prerequisite of initial or continued employment in such districts.
(19) In addition to the reasons specified in subsections (12) and (13) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or 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. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
(20) The Department of Education shall grant and renew all licenses and certifications of teachers and administrators within twenty-one (21) days from the date of a completed application if the applicant has otherwise met all established requirements for the license or certification.
SECTION 245. Section 71-5-355, Mississippi Code of 1972, is amended as follows:
71-5-355. (1) As used in this section, the following words and phrases shall have the following meanings, unless the context clearly requires otherwise:
(a) "Tax year" means any period beginning on January 1 and ending on December 31 of a year.
(b) "Computation date" means June 30 of any calendar year immediately preceding the tax year during which the particular contribution rates are effective.
(c) "Effective date" means January 1 of the tax year.
(d) Except as hereinafter provided, "payroll" means the total of all wages paid for employment by an employer as defined in Section 71-5-11, subsection H, plus the total of all remuneration paid by such employer excluded from the definition of wages by Section 71-5-351. For the computation of modified rates, "payroll" means the total of all wages paid for employment by an employer as defined in Section 71-5-11, subsection H.
(e) For the computation of modified rates, "eligible employer" means an employer whose experience-rating record has been chargeable with benefits throughout the thirty-six (36) consecutive calendar-month period ending on the computation date, except that any employer who has not been subject to the Mississippi Employment Security Law for a period of time sufficient to meet the thirty-six (36) consecutive calendar-month requirement shall be an eligible employer if his or her experience-rating record has been chargeable throughout not less than the twelve (12) consecutive calendar-month period ending on the computation date. No employer shall be considered eligible for a contribution rate less than five and four-tenths percent (5.4%) with respect to any tax year, who has failed to file any two (2) quarterly reports within the qualifying period by September 30 following the computation date. No employer or employing unit shall be eligible for a contribution rate of less than five and four-tenths percent (5.4%) for the tax year in which the employing unit is found by the department to be in violation of Section 71-5-19(2) or (3) and for the next two (2) succeeding tax years. No representative of such employing unit who was a party to a violation as described in Section 71-5-19(2) or (3), if such representative was or is an employing unit in this state, shall be eligible for a contribution rate of less than five and four-tenths percent (5.4%) for the tax year in which such violation was detected by the department and for the next two (2) succeeding tax years.
(f) With respect to any tax year, "reserve ratio" means the ratio which the total amount available for the payment of benefits in the Unemployment Compensation Fund, excluding any amount which has been credited to the account of this state under Section 903 of the Social Security Act, as amended, and which has been appropriated for the expenses of administration pursuant to Section 71-5-457 whether or not withdrawn from such account, on October 31 (close of business) of each calendar year bears to the aggregate of the taxable payrolls of all employers for the twelve (12) calendar months ending on June 30 next preceding.
(g) "Modified rates" means the rates of employer unemployment insurance contributions determined under the provisions of this chapter and the rates of newly subject employers, as provided in Section 71-5-353.
(h) For the computation of modified rates, "qualifying period" means a period of not less than the thirty-six (36) consecutive calendar months ending on the computation date throughout which an employer's experience-rating record has been chargeable with benefits; except that with respect to any eligible employer who has not been subject to this article for a period of time sufficient to meet the thirty-six (36) consecutive calendar-month requirement, "qualifying period" means the period ending on the computation date throughout which his or her experience-rating record has been chargeable with benefits, but in no event less than the twelve (12) consecutive calendar-month period ending on the computation date throughout which his or her experience-rating record has been so chargeable.
(i) The "exposure criterion" (EC) is defined as the cash balance of the Unemployment Compensation Fund which is available for the payment of benefits as of November 16 of each calendar year or the next working day if November 16 falls on a holiday or a weekend, divided by the total wages, exclusive of wages paid by all state agencies, all political subdivisions, reimbursable nonprofit corporations, and tax-exempt public service employment, for the twelve-month period ending June 30 immediately preceding such date. The EC shall be computed to four (4) decimal places and rounded up if any fraction remains. Notwithstanding any other provision contained herein, the date for determining the cash balance of the Unemployment Compensation Fund which is available for the payment of benefits for the calendar years 2020 and 2021 shall be December 31.
(j) The "cost rate criterion" (CRC) is defined as follows: Beginning with January 1974, the benefits paid for the twelve-month period ending December 1974 are summed and divided by the total wages for the twelve-month period ending on June 30, 1975. Similar ratios are computed by subtracting the earliest month's benefit payments and adding the benefits of the next month in the sequence and dividing each sum of twelve (12) months' benefits by the total wages for the twelve-month period ending on the June 30 which is nearest to the final month of the period used to compute the numerator. If December is the final month of the period used to compute the numerator, then the twelve-month period ending the following June 30 will be used for the denominator. Benefits and total wages used in the computation of the cost rate criterion shall exclude all benefits and total wages applicable to state agencies, political subdivisions, reimbursable nonprofit corporations, and tax-exempt PSE employment.
The CRC shall be computed as the average for the highest monthly value of the cost rate criterion computations during each of the economic cycles since the calendar year 1974 as defined by the National Bureau of Economic Research. The CRC shall be computed to four (4) decimal places and any remainder shall be rounded up.
The CRC shall be adjusted only through annual computations and additions of future economic cycles.
(k) "Size of fund index" (SOFI) is defined as the ratio of the exposure criterion (EC) to the cost rate criterion (CRC). The target size of fund index will be fixed at 1.0. If the insured unemployment rate (IUR) exceeds a four and five-tenths percent (4.5%) average for the most recent completed July to June period, the target SOFI will be .8 and will remain at that level until the computed SOFI (the average exposure criterion of the current year and the preceding year divided by the average cost rate criterion) equals 1.0 or the average IUR falls to four and five-tenths percent (4.5%) or less for any period July to June. However, if the IUR falls below two and five-tenths percent (2.5%) for any period July to June the target SOFI shall be 1.2 until such time as the computed SOFI is equal to or greater than 1.0 or the IUR is equal to or greater than two and five-tenths percent (2.5%), at which point the target SOFI shall return to 1.0.
(l) No employer's unemployment contribution general experience rate plus individual unemployment experience rate shall exceed five and four-tenths percent (5.4%). Accrual rules shall apply for purposes of computing contribution rates including associated functions.
(m) The term "general experience rate" has the same meaning as the minimum tax rate.
(2) Modified rates:
(a) For any tax year, when the reserve ratio on the preceding November 16, in the case of any tax year, equals or exceeds three percent (3%), the modified rates, as hereinafter prescribed, shall be in effect. In computation of this reserve ratio, any remainder shall be rounded down.
(b) Modified rates shall be determined for the tax year for each eligible employer on the basis of his or her experience-rating record in the following manner:
(i) The department shall maintain an experience-rating record for each employer. Nothing in this chapter shall be construed to grant any employer or individuals performing services for him or her any prior claim or rights to the amounts paid by the employer into the fund.
(ii) Benefits paid to an eligible individual shall be charged against the experience-rating record of his or her base period employers in the proportion to which the wages paid by each base period employer bears to the total wages paid to the individual by all the base period employers, provided that benefits shall not be charged to an employer's experience-rating record if the department finds that the individual:
1. Voluntarily left the employ of such employer without good cause attributable to the employer or to accept other work;
2. Was discharged by such employer for misconduct connected with his or her work;
3. Refused an offer of suitable work by such employer without good cause, and the department further finds that such benefits are based on wages for employment for such employer prior to such voluntary leaving, discharge or refusal of suitable work, as the case may be;
4. Had base period wages which included wages for previously uncovered services as defined in Section 71-5-511(e) to the extent that the Unemployment Compensation Fund is reimbursed for such benefits pursuant to Section 121 of Public Law 94-566;
5. Extended benefits paid under the provisions of Section 71-5-541 which are not reimbursable from federal funds shall be charged to the experience-rating record of base period employers;
6. Is still working for such employer on a regular part-time basis under the same employment conditions as hired. Provided, however, that benefits shall be charged against an employer if an eligible individual is paid benefits who is still working for such employer on a part-time "as-needed" basis;
7. Was hired to replace a United States serviceman or servicewoman called into active duty and was laid off upon the return to work by that serviceman or servicewoman, unless such employer is a state agency or other political subdivision or instrumentality of the state;
8. Was paid benefits during any week while in training with the approval of the department, under the provisions of Section 71-5-513B, or for any week while in training approved under Section 236(a)(1) of the Trade Act of 1974, under the provisions of Section 71-5-513C;
9. Is not required to serve the one-week waiting period as described in Section 71-5-505(2). In that event, only the benefits paid in lieu of the waiting period week may be noncharged; or
10. Was paid benefits as a result of a fraudulent claim, provided notification was made to the Mississippi Department of Employment Security in writing or by email by the employer, within ten (10) days of the mailing of the notice of claim filed to the employer's last-known address.
(iii) Notwithstanding any other provision contained herein, an employer shall not be noncharged when the department finds that the employer or the employer's agent of record was at fault for failing to respond timely or adequately to the request of the department for information relating to an unemployment claim that was subsequently determined to be improperly paid, unless the employer or the employer's agent of record shows good cause for having failed to respond timely or adequately to the request of the department for information. For purposes of this subparagraph "good cause" means an event that prevents the employer or employer's agent of record from timely responding, and includes a natural disaster, emergency or similar event, or an illness on the part of the employer, the employer's agent of record, or their staff charged with responding to such inquiries when there is no other individual who has the knowledge or ability to respond. Any agency error that resulted in a delay in, or the failure to deliver notice to, the employer or the employer's agent of record shall also be considered good cause for purposes of this subparagraph.
(iv) The department shall compute a benefit ratio for each eligible employer, which shall be the quotient obtained by dividing the total benefits charged to his or her experience-rating record during the period his or her experience-rating record has been chargeable, but not less than the twelve (12) consecutive calendar-month period nor more than the thirty-six (36) consecutive calendar-month period ending on the computation date, by his or her total taxable payroll for the same period on which all unemployment insurance contributions due have been paid on or before the September 30 immediately following the computation date. Such benefit ratio shall be computed to the tenth of a percent (.1%), rounding any remainder to the next higher tenth.
(v) 1. The unemployment insurance contribution rate for each eligible employer shall be the sum of two (2) rates: his or her individual experience rate in the range from zero percent (0%) to five and four-tenths percent (5.4%), plus a general experience rate. In no event shall the resulting unemployment insurance rate be in excess of five and four-tenths percent (5.4%), however, it is the intent of this section to provide the ability for employers to have a tax rate, the general experience rate plus the individual experience rate, of up to five and four-tenths percent (5.4%).
2. The employer's individual experience rate shall be equal to his or her benefit ratio as computed under paragraph (b)(iv) of this subsection (2).
3. The general experience rate shall be determined in the following manner: The department shall determine annually, for the thirty-six (36) consecutive calendar-month period ending on the computation date, the amount of benefits which were not charged to the record of any employer and of benefits which were ineffectively charged to the employer's experience-rating record. For the purposes of this item 3, the term "ineffectively charged benefits" shall include:
a. The total of the amounts of benefits charged to the experience-rating records of all eligible employers which caused their benefit ratios to exceed five and four-tenths percent (5.4%);
b. The total of the amounts of benefits charged to the experience-rating records of all ineligible employers which would cause their benefit ratios to exceed five and four-tenths percent (5.4%) if they were eligible employers; and
c. The total of the amounts of benefits charged or chargeable to the experience-rating record of any employer who has discontinued his or her business or whose coverage has been terminated within such period; provided, that solely for the purposes of determining the amounts of ineffectively charged benefits as herein defined, a "benefit ratio" shall be computed for each ineligible employer, which shall be the quotient obtained by dividing the total benefits charged to his or her experience-rating record throughout the period ending on the computation date, during which his or her experience-rating record has been chargeable with benefits, by his or her total taxable payroll for the same period on which all unemployment insurance contributions due have been paid on or before the September 30 immediately following the computation date; and provided further, that such benefit ratio shall be computed to the tenth of one percent (.1%) and any remainder shall be rounded to the next higher tenth.
The ratio of the sum of these amounts (subsection (2)(b)(v)3a, b and c) to the taxable wages paid during the same period divided by all eligible employers whose benefit ratio did not exceed five and four-tenths percent (5.4%), computed to the next higher tenth of one percent (.1%), shall be the general experience rate; however, the general experience rate for rate year 2014 shall be two tenths of one percent (.2%) and to that will be added the employer's individual experience rate for the total unemployment insurance rate.
4. a. Except as otherwise provided in this item 4, the general experience rate shall be adjusted by use of the size of fund index factor. This factor may be positive or negative, and shall be determined as follows: From the target SOFI, as defined in subsection (1)(k) of this section, subtract the simple average of the current and preceding years' exposure criterions divided by the cost rate criterion, as defined in subsection (1)(j) of this section. The result is then multiplied by the product of the CRC, as defined in subsection (1)(j) of this section, and total wages for the twelve-month period ending June 30 divided by the taxable wages for the twelve-month period ending June 30. This is the percentage positive or negative added to the general experience rate. The sum of the general experience rate and the trust fund adjustment factor shall be multiplied by fifty percent (50%) and this product shall be computed to one (1) decimal place, and rounded to the next higher tenth.
b. Notwithstanding the minimum rate provisions as set forth in subsection (1)(l) of this section, the general experience rate of all employers shall be reduced by seven one-hundredths of one percent (.07%) for calendar year 2013 only.
5. The general experience rate shall be zero percent (0%) unless the general experience ratio for any tax year as computed and adjusted on the basis of the trust fund adjustment factor and reduced by fifty percent (50%) is an amount equal to or greater than two-tenths of one percent (.2%), then the general experience rate shall be the computed general experience ratio and adjusted on the basis of the trust fund adjustment factor and reduced by fifty percent (50%); however, in no case shall the sum of the general experience plus the individual experience unemployment insurance rate exceed five and four-tenths percent (5.4%). For rate years subsequent to 2014, Mississippi Workforce Enhancement Training contribution rate, and/or State Workforce Investment contribution rate, and/or Mississippi Works contribution rate, when in effect, shall be added to the unemployment contribution rate, regardless of whether the addition of this contribution rate causes the total contribution rate for the employer to exceed five and four-tenths percent (5.4%).
6. The department shall include in its annual rate notice to employers a brief explanation of the elements of the general experience rate, and shall include in its regular publications an annual analysis of benefits not charged to the record of any employer, and of the benefit experience of employers by industry group whose benefit ratio exceeds four percent (4%), and of any other factors which may affect the size of the general experience rate.
7. Notwithstanding any other provision contained herein, the general experience rate for calendar year 2021 shall be zero percent (0%). Charges attributed to each employer's individual experience rate for the period March 8, 2020, through June 30, 2020, will not impact the employer's individual experience rate calculations for purposes of calculating the total unemployment insurance rate for 2021 and the two (2) subsequent tax rate years. Moreover, charges attributed to each employer's individual experience rate for the period July 1, 2020, through December 31, 2020, will not impact the employer's individual experience rate calculations for purposes of calculating the total unemployment insurance rate for 2022 and the two (2) subsequent tax rate years.
(vi) When any employing unit in any manner succeeds to or acquires the organization, trade, business or substantially all the assets thereof of an employer, excepting any assets retained by such employer incident to the liquidation of his or her obligations, whether or not such acquiring employing unit was an employer within the meaning of Section 71-5-11, subsection H, prior to such acquisition, and continues such organization, trade or business, the experience-rating and payroll records of the predecessor employer shall be transferred as of the date of acquisition to the successor employer for the purpose of rate determination.
(vii) When any employing unit succeeds to or acquires a distinct and severable portion of an organization, trade or business, the experience-rating and payroll records of such portion, if separately identifiable, shall be transferred to the successor upon:
1. The mutual consent of the predecessor and the successor;
2. Approval of the department;
3. Continued operation of the transferred portion by the successor after transfer; and
4. The execution and the filing with the department by the predecessor employer of a waiver relinquishing all rights to have the experience-rating and payroll records of the transferred portion used for the purpose of determining modified rates of contribution for such predecessor.
(viii) If the successor was an employer subject to this chapter prior to the date of acquisition, it shall continue to pay unemployment insurance contributions at the rate applicable to it from the date the acquisition occurred until the end of the then current tax year. If the successor was not an employer prior to the date of acquisition, it shall pay unemployment insurance contributions at the rate applicable to the predecessor or, if more than one (1) predecessor and the same rate is applicable to both, the rate applicable to the predecessor or predecessors, from the date the acquisition occurred until the end of the then current tax year. If the successor was not an employer prior to the date the acquisition occurred and simultaneously acquires the businesses of two (2) or more employers to whom different rates of unemployment insurance contributions are applicable, it shall pay unemployment insurance contributions from the date of the acquisition until the end of the current tax year at a rate computed on the basis of the combined experience-rating and payroll records of the predecessors as of the computation date for such tax year. In all cases the rate of unemployment insurance contributions applicable to such successor for each succeeding tax year shall be computed on the basis of the combined experience-rating and payroll records of the successor and the predecessor or predecessors.
(ix) The department shall notify each employer quarterly of the benefits paid and charged to his or her experience-rating record; and such notification, in the absence of an application for redetermination filed within thirty (30) days after the date of such notice, shall be final, conclusive and binding upon the employer for all purposes. A redetermination, made after notice and opportunity for a fair hearing, by a hearing officer designated by the department who shall consider and decide these and related applications and protests; and the finding of fact in connection therewith may be introduced into any subsequent administrative or judicial proceedings involving the determination of the rate of unemployment insurance contributions of any employer for any tax year, and shall be entitled to the same finality as is provided in this subsection with respect to the findings of fact in proceedings to redetermine the contribution rate of an employer.
(x) The department
shall notify each employer of his or her rate of contribution as determined for
any tax year as soon as reasonably possible after September 1 of the preceding year.
Such determination shall be final, conclusive and binding upon such employer unless,
within thirty (30) days after the date of such notice to his or her last-known address,
the employer files with the department an application for review and redetermination
of his or her contribution rate, setting forth his or her reasons therefor. If
the department grants such review, the employer shall be promptly notified thereof
and shall be afforded an opportunity for a fair hearing by a hearing officer designated
by the department who shall consider and decide these and related applications and
protests; but no employer shall be allowed, in any proceeding involving his or her
rate of unemployment insurance contributions or contribution liability, to contest
the chargeability to his or her account of any benefits paid in accordance with
a determination, redetermination or decision pursuant to Sections 71-5-515 through
71-5-533 except upon the ground that the services on the basis of which such benefits
were found to be chargeable did not constitute services performed in employment
for him or her, and then only in the event that he or she was not a party to such
determination, redetermination, decision or to any other proceedings provided in
this chapter in which the character of such services was determined. The employer
shall be promptly notified of the denial of this application or of the redetermination,
both of which shall become final unless, within ten (10) days after the date of
notice thereof, there shall be an appeal to the department itself. Any such appeal
shall be on the record before said designated hearing officer, and the decision
of said department shall become final unless, within thirty (30) days after the
date of notice thereof to the employer's last-known address, there shall be an appeal
to the * * * inferior
courts of the Capitol Complex Improvement District in accordance with the provisions
of law with respect to review of civil causes by certiorari.
(3) Notwithstanding any other provision of law, the following shall apply regarding assignment of rates and transfers of experience:
(a) (i) If an employer transfers its trade or business, or a portion thereof, to another employer and, at the time of the transfer, there is substantially common ownership, management or control of the two (2) employers, then the unemployment experience attributable to the transferred trade or business shall be transferred to the employer to whom such business is so transferred. The rates of both employers shall be recalculated and made effective on January 1 of the year following the year the transfer occurred.
(ii) If, following a transfer of experience under subparagraph (i) of this paragraph (a), the department determines that a substantial purpose of the transfer of trade or business was to obtain a reduced liability of unemployment insurance contributions, then the experience-rating accounts of the employers involved shall be combined into a single account and a single rate assigned to such account.
(b) Whenever a person who is not an employer or an employing unit under this chapter at the time it acquires the trade or business of an employer, the unemployment experience of the acquired business shall not be transferred to such person if the department finds that such person acquired the business solely or primarily for the purpose of obtaining a lower rate of unemployment insurance contributions. Instead, such person shall be assigned the new employer rate under Section 71-5-353, unless assignment of the new employer rate results in an increase of less than two percent (2%), in which case such person would be assigned the new employer rate plus an additional two percent (2%) penalty for the rate year. In determining whether the business was acquired solely or primarily for the purpose of obtaining a lower rate of unemployment insurance contributions, the department shall use objective factors which may include the cost of acquiring the business, whether the person continued the business enterprise of the acquired business, how long such business enterprise was continued, or whether a substantial number of new employees were hired for performance of duties unrelated to the business activity conducted prior to acquisition.
(c) (i) If a person knowingly violates or attempts to violate paragraph (a) or (b) of this subsection or any other provision of this chapter related to determining the assignment of a contribution rate, or if a person knowingly advises another person in a way that results in a violation of such provision, the person shall be subject to the following penalties:
1. If the person is an employer, then such employer shall be assigned the highest rate assignable under this chapter for the rate year during which such violation or attempted violation occurred and the three (3) rate years immediately following this rate year. However, if the person's business is already at such highest rate for any year, or if the amount of increase in the person's rate would be less than two percent (2%) for such year, then the person's tax rate shall be increased by two percent (2%) for such year. The penalty rate will apply to the successor business as well as the related entity from which the employees were transferred in an effort to obtain a lower rate of unemployment insurance contributions.
2. If the person is not an employer, such person shall be subject to a civil money penalty of not more than Five Thousand Dollars ($5,000.00). Each such transaction for which advice was given and each occurrence or reoccurrence after notification being given by the department shall be a separate offense and punishable by a separate penalty. Any such fine shall be deposited in the penalty and interest account established under Section 71-5-114.
(ii) For purposes of this paragraph (c), the term "knowingly" means having actual knowledge of or acting with deliberate ignorance or reckless disregard for the prohibition involved.
(iii) For purposes of this paragraph (c), the term "violates or attempts to violate" includes, but is not limited to, intent to evade, misrepresentation or willful nondisclosure.
(iv) In addition to the penalty imposed by subparagraph (i) of this paragraph (c), any violation of this subsection may be punishable by a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment for not more than five (5) years, or by both such fine and imprisonment. This subsection shall prohibit prosecution under any other criminal statute of this state.
(d) The department shall establish procedures to identify the transfer or acquisition of a business for purposes of this subsection.
(e) For purposes of this subsection:
(i) "Person" has the meaning given such term by Section 7701(a)(1) of the Internal Revenue Code of 1986; and
(ii) "Employing unit" has the meaning as set forth in Section 71-5-11.
(f) This subsection shall be interpreted and applied in such a manner as to meet the minimum requirements contained in any guidance or regulations issued by the United States Department of Labor.
SECTION 246. Section 43-13-121, Mississippi Code of 1972, is amended as follows:
43-13-121. (1) The division shall administer the Medicaid program under the provisions of this article, and may do the following:
(a) Adopt and promulgate reasonable rules, regulations and standards, with approval of the Governor, and in accordance with the Administrative Procedures Law, Section 25-43-1.101 et seq.:
(i) Establishing methods and procedures as may be necessary for the proper and efficient administration of this article;
(ii) Providing Medicaid to all qualified recipients under the provisions of this article as the division may determine and within the limits of appropriated funds;
(iii) Establishing reasonable fees, charges and rates for medical services and drugs; in doing so, the division shall fix all of those fees, charges and rates at the minimum levels absolutely necessary to provide the medical assistance authorized by this article, and shall not change any of those fees, charges or rates except as may be authorized in Section 43-13-117;
(iv) Providing for fair and impartial hearings;
(v) Providing safeguards for preserving the confidentiality of records; and
(vi) For detecting and processing fraudulent practices and abuses of the program;
(b) Receive and expend state, federal and other funds in accordance with court judgments or settlements and agreements between the State of Mississippi and the federal government, the rules and regulations promulgated by the division, with the approval of the Governor, and within the limitations and restrictions of this article and within the limits of funds available for that purpose;
(c) Subject to the limits imposed by this article and subject to the provisions of subsection (8) of this section, to submit a Medicaid plan to the United States Department of Health and Human Services for approval under the provisions of the federal Social Security Act, to act for the state in making negotiations relative to the submission and approval of that plan, to make such arrangements, not inconsistent with the law, as may be required by or under federal law to obtain and retain that approval and to secure for the state the benefits of the provisions of that law.
No agreements, specifically including the general plan for the operation of the Medicaid program in this state, shall be made by and between the division and the United States Department of Health and Human Services unless the Attorney General of the State of Mississippi has reviewed the agreements, specifically including the operational plan, and has certified in writing to the Governor and to the executive director of the division that the agreements, including the plan of operation, have been drawn strictly in accordance with the terms and requirements of this article;
(d) In accordance with the purposes and intent of this article and in compliance with its provisions, provide for aged persons otherwise eligible for the benefits provided under Title XVIII of the federal Social Security Act by expenditure of funds available for those purposes;
(e) To make reports to the United States Department of Health and Human Services as from time to time may be required by that federal department and to the Mississippi Legislature as provided in this section;
(f) Define and determine the scope, duration and amount of Medicaid that may be provided in accordance with this article and establish priorities therefor in conformity with this article;
(g) Cooperate and contract with other state agencies for the purpose of coordinating Medicaid provided under this article and eliminating duplication and inefficiency in the Medicaid program;
(h) Adopt and use an official seal of the division;
(i) Sue in its own name on behalf of the State of Mississippi and employ legal counsel on a contingency basis with the approval of the Attorney General;
(j) To recover any and
all payments incorrectly made by the division to a recipient or provider from the
recipient or provider receiving the payments. The division shall be authorized
to collect any overpayments to providers sixty (60) days after the conclusion of
any administrative appeal unless the matter is appealed to a court of proper jurisdiction
and bond is posted. Any appeal filed after July 1, 2015, shall be to the * * * inferior courts of the Capitol Complex Improvement
District within sixty (60) days after the date that the division has notified
the provider by certified mail sent to the proper address of the provider on file
with the division and the provider has signed for the certified mail notice, or
sixty (60) days after the date of the final decision if the provider does not sign
for the certified mail notice. To recover those payments, the division may use
the following methods, in addition to any other methods available to the division:
(i) The division shall report to the Department of Revenue the name of any current or former Medicaid recipient who has received medical services rendered during a period of established Medicaid ineligibility and who has not reimbursed the division for the related medical service payment(s). The Department of Revenue shall withhold from the state tax refund of the individual, and pay to the division, the amount of the payment(s) for medical services rendered to the ineligible individual that have not been reimbursed to the division for the related medical service payment(s).
(ii) The division shall report to the Department of Revenue the name of any Medicaid provider to whom payments were incorrectly made that the division has not been able to recover by other methods available to the division. The Department of Revenue shall withhold from the state tax refund of the provider, and pay to the division, the amount of the payments that were incorrectly made to the provider that have not been recovered by other available methods;
(k) To recover any and all payments by the division fraudulently obtained by a recipient or provider. Additionally, if recovery of any payments fraudulently obtained by a recipient or provider is made in any court, then, upon motion of the Governor, the judge of the court may award twice the payments recovered as damages;
(l) Have full, complete and plenary power and authority to conduct such investigations as it may deem necessary and requisite of alleged or suspected violations or abuses of the provisions of this article or of the regulations adopted under this article, including, but not limited to, fraudulent or unlawful act or deed by applicants for Medicaid or other benefits, or payments made to any person, firm or corporation under the terms, conditions and authority of this article, to suspend or disqualify any provider of services, applicant or recipient for gross abuse, fraudulent or unlawful acts for such periods, including permanently, and under such conditions as the division deems proper and just, including the imposition of a legal rate of interest on the amount improperly or incorrectly paid. Recipients who are found to have misused or abused Medicaid benefits may be locked into one (1) physician and/or one (1) pharmacy of the recipient's choice for a reasonable amount of time in order to educate and promote appropriate use of medical services, in accordance with federal regulations. If an administrative hearing becomes necessary, the division may, if the provider does not succeed in his or her defense, tax the costs of the administrative hearing, including the costs of the court reporter or stenographer and transcript, to the provider. The convictions of a recipient or a provider in a state or federal court for abuse, fraudulent or unlawful acts under this chapter shall constitute an automatic disqualification of the recipient or automatic disqualification of the provider from participation under the Medicaid program.
A conviction, for the purposes of this chapter, shall include a judgment entered on a plea of nolo contendere or a nonadjudicated guilty plea and shall have the same force as a judgment entered pursuant to a guilty plea or a conviction following trial. A certified copy of the judgment of the court of competent jurisdiction of the conviction shall constitute prima facie evidence of the conviction for disqualification purposes;
(m) Establish and provide such methods of administration as may be necessary for the proper and efficient operation of the Medicaid program, fully utilizing computer equipment as may be necessary to oversee and control all current expenditures for purposes of this article, and to closely monitor and supervise all recipient payments and vendors rendering services under this article. Notwithstanding any other provision of state law, the division is authorized to enter into a ten-year contract(s) with a vendor(s) to provide services described in this paragraph (m). Notwithstanding any provision of law to the contrary, the division is authorized to extend its Medicaid Management Information System, including all related components and services, and Decision Support System, including all related components and services, contracts in effect on June 30, 2020, for a period not to exceed two (2) years without complying with state procurement regulations;
(n) To cooperate and contract with the federal government for the purpose of providing Medicaid to Vietnamese and Cambodian refugees, under the provisions of Public Law 94-23 and Public Law 94-24, including any amendments to those laws, only to the extent that the Medicaid assistance and the administrative cost related thereto are one hundred percent (100%) reimbursable by the federal government. For the purposes of Section 43-13-117, persons receiving Medicaid under Public Law 94-23 and Public Law 94-24, including any amendments to those laws, shall not be considered a new group or category of recipient; and
(o) The division shall impose penalties upon Medicaid only, Title XIX participating long-term care facilities found to be in noncompliance with division and certification standards in accordance with federal and state regulations, including interest at the same rate calculated by the United States Department of Health and Human Services and/or the Centers for Medicare and Medicaid Services (CMS) under federal regulations.
(2) The division also shall exercise such additional powers and perform such other duties as may be conferred upon the division by act of the Legislature.
(3) The division, and the State Department of Health as the agency for licensure of health care facilities and certification and inspection for the Medicaid and/or Medicare programs, shall contract for or otherwise provide for the consolidation of on-site inspections of health care facilities that are necessitated by the respective programs and functions of the division and the department.
(4) The division and its hearing officers shall have power to preserve and enforce order during hearings; to issue subpoenas for, to administer oaths to and to compel the attendance and testimony of witnesses, or the production of books, papers, documents and other evidence, or the taking of depositions before any designated individual competent to administer oaths; to examine witnesses; and to do all things conformable to law that may be necessary to enable them effectively to discharge the duties of their office. In compelling the attendance and testimony of witnesses, or the production of books, papers, documents and other evidence, or the taking of depositions, as authorized by this section, the division or its hearing officers may designate an individual employed by the division or some other suitable person to execute and return that process, whose action in executing and returning that process shall be as lawful as if done by the sheriff or some other proper officer authorized to execute and return process in the county where the witness may reside. In carrying out the investigatory powers under the provisions of this article, the executive director or other designated person or persons may examine, obtain, copy or reproduce the books, papers, documents, medical charts, prescriptions and other records relating to medical care and services furnished by the provider to a recipient or designated recipients of Medicaid services under investigation. In the absence of the voluntary submission of the books, papers, documents, medical charts, prescriptions and other records, the Governor, the executive director, or other designated person may issue and serve subpoenas instantly upon the provider, his or her agent, servant or employee for the production of the books, papers, documents, medical charts, prescriptions or other records during an audit or investigation of the provider. If any provider or his or her agent, servant or employee refuses to produce the records after being duly subpoenaed, the executive director may certify those facts and institute contempt proceedings in the manner, time and place as authorized by law for administrative proceedings. As an additional remedy, the division may recover all amounts paid to the provider covering the period of the audit or investigation, inclusive of a legal rate of interest and a reasonable attorney's fee and costs of court if suit becomes necessary. Division staff shall have immediate access to the provider's physical location, facilities, records, documents, books, and any other records relating to medical care and services rendered to recipients during regular business hours.
(5) If any person in proceedings before the division disobeys or resists any lawful order or process, or misbehaves during a hearing or so near the place thereof as to obstruct the hearing, or neglects to produce, after having been ordered to do so, any pertinent book, paper or document, or refuses to appear after having been subpoenaed, or upon appearing refuses to take the oath as a witness, or after having taken the oath refuses to be examined according to law, the executive director shall certify the facts to any court having jurisdiction in the place in which it is sitting, and the court shall thereupon, in a summary manner, hear the evidence as to the acts complained of, and if the evidence so warrants, punish that person in the same manner and to the same extent as for a contempt committed before the court, or commit that person upon the same condition as if the doing of the forbidden act had occurred with reference to the process of, or in the presence of, the court.
(6) In suspending or terminating any provider from participation in the Medicaid program, the division shall preclude the provider from submitting claims for payment, either personally or through any clinic, group, corporation or other association to the division or its fiscal agents for any services or supplies provided under the Medicaid program except for those services or supplies provided before the suspension or termination. No clinic, group, corporation or other association that is a provider of services shall submit claims for payment to the division or its fiscal agents for any services or supplies provided by a person within that organization who has been suspended or terminated from participation in the Medicaid program except for those services or supplies provided before the suspension or termination. When this provision is violated by a provider of services that is a clinic, group, corporation or other association, the division may suspend or terminate that organization from participation. Suspension may be applied by the division to all known affiliates of a provider, provided that each decision to include an affiliate is made on a case-by-case basis after giving due regard to all relevant facts and circumstances. The violation, failure or inadequacy of performance may be imputed to a person with whom the provider is affiliated where that conduct was accomplished within the course of his or her official duty or was effectuated by him or her with the knowledge or approval of that person.
(7) The division may deny or revoke enrollment in the Medicaid program to a provider if any of the following are found to be applicable to the provider, his or her agent, a managing employee or any person having an ownership interest equal to five percent (5%) or greater in the provider:
(a) Failure to truthfully or fully disclose any and all information required, or the concealment of any and all information required, on a claim, a provider application or a provider agreement, or the making of a false or misleading statement to the division relative to the Medicaid program.
(b) Previous or current exclusion, suspension, termination from or the involuntary withdrawing from participation in the Medicaid program, any other state's Medicaid program, Medicare or any other public or private health or health insurance program. If the division ascertains that a provider has been convicted of a felony under federal or state law for an offense that the division determines is detrimental to the best interest of the program or of Medicaid beneficiaries, the division may refuse to enter into an agreement with that provider, or may terminate or refuse to renew an existing agreement.
(c) Conviction under federal or state law of a criminal offense relating to the delivery of any goods, services or supplies, including the performance of management or administrative services relating to the delivery of the goods, services or supplies, under the Medicaid program, any other state's Medicaid program, Medicare or any other public or private health or health insurance program.
(d) Conviction under federal or state law of a criminal offense relating to the neglect or abuse of a patient in connection with the delivery of any goods, services or supplies.
(e) Conviction under federal or state law of a criminal offense relating to the unlawful manufacture, distribution, prescription or dispensing of a controlled substance.
(f) Conviction under federal or state law of a criminal offense relating to fraud, theft, embezzlement, breach of fiduciary responsibility or other financial misconduct.
(g) Conviction under federal or state law of a criminal offense punishable by imprisonment of a year or more that involves moral turpitude, or acts against the elderly, children or infirm.
(h) Conviction under federal or state law of a criminal offense in connection with the interference or obstruction of any investigation into any criminal offense listed in paragraphs (c) through (i) of this subsection.
(i) Sanction for a violation of federal or state laws or rules relative to the Medicaid program, any other state's Medicaid program, Medicare or any other public health care or health insurance program.
(j) Revocation of license or certification.
(k) Failure to pay recovery properly assessed or pursuant to an approved repayment schedule under the Medicaid program.
(l) Failure to meet any condition of enrollment.
(8) (a) As used in this subsection (8), the following terms shall be defined as provided in this paragraph, except as otherwise provided in this subsection:
(i) "Committees" means the Medicaid Committees of the House of Representatives and the Senate, and "committee" means either one of those committees.
(ii) "State Plan" means the agreement between the State of Mississippi and the federal government regarding the nature and scope of Mississippi's Medicaid Program.
(iii) "State Plan Amendment" means a change to the State Plan, which must be approved by the Centers for Medicare and Medicaid Services (CMS) before its implementation.
(b) Whenever the Division of Medicaid proposes a State Plan Amendment, the division shall give notice to the chairmen of the committees at least thirty (30) calendar days before the proposed State Plan Amendment is filed with CMS. The division shall furnish the chairmen with a concise summary of each proposed State Plan Amendment along with the notice, and shall furnish the chairmen with a copy of any proposed State Plan Amendment upon request. The division also shall provide a summary and copy of any proposed State Plan Amendment to any other member of the Legislature upon request.
(c) If the chairman of either committee or both chairmen jointly object to the proposed State Plan Amendment or any part thereof, the chairman or chairmen shall notify the division and provide the reasons for their objection in writing not later than seven (7) calendar days after receipt of the notice from the division. The chairman or chairmen may make written recommendations to the division for changes to be made to a proposed State Plan Amendment.
(d) (i) The chairman of either committee or both chairmen jointly may hold a committee meeting to review a proposed State Plan Amendment. If either chairman or both chairmen decide to hold a meeting, they shall notify the division of their intention in writing within seven (7) calendar days after receipt of the notice from the division, and shall set the date and time for the meeting in their notice to the division, which shall not be later than fourteen (14) calendar days after receipt of the notice from the division.
(ii) After the committee meeting, the committee or committees may object to the proposed State Plan Amendment or any part thereof. The committee or committees shall notify the division and the reasons for their objection in writing not later than seven (7) calendar days after the meeting. The committee or committees may make written recommendations to the division for changes to be made to a proposed State Plan Amendment.
(e) If both chairmen notify the division in writing within seven (7) calendar days after receipt of the notice from the division that they do not object to the proposed State Plan Amendment and will not be holding a meeting to review the proposed State Plan Amendment, the division may proceed to file the proposed State Plan Amendment with CMS.
(f) (i) If there are any objections to a proposed rate change or any part thereof from either or both of the chairmen or the committees, the division may withdraw the proposed State Plan Amendment, make any of the recommended changes to the proposed State Plan Amendment, or not make any changes to the proposed State Plan Amendment.
(ii) If the division does not make any changes to the proposed State Plan Amendment, it shall notify the chairmen of that fact in writing, and may proceed to file the State Plan Amendment with CMS.
(iii) If the division makes any changes to the proposed State Plan Amendment, the division shall notify the chairmen of its actions in writing, and may proceed to file the State Plan Amendment with CMS.
(g) Nothing in this subsection (8) shall be construed as giving the chairmen or the committees any authority to veto, nullify or revise any State Plan Amendment proposed by the division. The authority of the chairmen or the committees under this subsection shall be limited to reviewing, making objections to and making recommendations for changes to State Plan Amendments proposed by the division.
(i) If the division does not make any changes to the proposed State Plan Amendment, it shall notify the chairmen of that fact in writing, and may proceed to file the proposed State Plan Amendment with CMS.
(ii) If the division makes any changes to the proposed State Plan Amendment, the division shall notify the chairmen of the changes in writing, and may proceed to file the proposed State Plan Amendment with CMS.
(h) Nothing in this subsection (8) shall be construed as giving the chairmen of the committees any authority to veto, nullify or revise any State Plan Amendment proposed by the division. The authority of the chairmen of the committees under this subsection shall be limited to reviewing, making objections to and making recommendations for suggested changes to State Plan Amendments proposed by the division.
SECTION 247. Section 55-23-35, Mississippi Code of 1972, is brought forward as follows:
55-23-35. (1) It is the intent of the Legislature that Hinds County, Mississippi, be fully reimbursed for the amount of money contributed by it to the enlargement and renovation of Mississippi Veterans Memorial Stadium. To that end, the State Treasurer shall pay to the county out of any excess in the Mississippi Veterans Memorial Stadium Bond Sinking Fund not necessary to pay the debt service on bonds issued pursuant to Sections 55-23-21 through 55-23-43 an amount not to exceed Fifty Thousand Dollars ($50,000.00) per year or, in his discretion, a greater sum which will expedite such repayment provided the revenue paid into the fund exceeds that projected at the time of passage of Sections 55-23-21 through 55-23-43; provided, however, the percentage of money paid Hinds County shall not exceed the percentage of the state obligation which has been paid. In the event the state refunds bonds issued under Sections 55-23-21 through 55-23-43, the obligation created hereunder to Hinds County shall not be construed to impair such refunding issue but shall be a continuing subordinate obligation of the state until its repayment is effected.
(2) Notwithstanding the provisions of subsection (1) to the contrary, the Board of Supervisors of Hinds County may forgive and cancel all or any portion of such obligation of the commission or the State of Mississippi incurred pursuant to Sections 55-23-21 through 55-23-43, by resolution duly entered at any regular meeting to be held, or previously held, in calendar year 1989. However, if the Mississippi Veterans Memorial Stadium is sold, or any interest in same is permanently conveyed by the State of Mississippi, then Hinds County shall be paid all sums which were previously forgiven or cancelled by Hinds County in accordance with subsection (1) of this section.
SECTION 248. Section 55-23-23, Mississippi Code of 1972, is brought forward as follows:
55-23-23. In keeping with the purposes of Sections 55-23-21 through 55-23-43, the Board of Supervisors of Hinds County, Mississippi, is authorized and empowered, in its discretion, to transfer and deliver to the Building Commission a sum of One Million Dollars ($1,000,000.00) out of any funds on hand or received by Hinds County.
When such funds are received by the Building Commission, they shall be deposited at interest in banks located in Hinds County according to the same formula used for the investment of excess state funds, and all interest accruing as a result thereof shall be returned to the Board of Supervisors of Hinds County.
SECTION 249. Section 9-7-23, Mississippi Code of 1972, is brought forward as follows:
9-7-23. (1) The Seventh Circuit Court District shall be Hinds County.
(2) The Seventh Circuit Court District shall be divided into four (4) subdistricts in Hinds County as follows:
(a) Subdistrict 7-1 shall consist of the following precincts in Hinds County: 1, 2, 4, 5, 6, 8, 9, 10, 32, 33, 34, 35, 36, 44, 45, 46, 47, 72, 73, 74, 75, 76, 77, 78, 79, 92, 93, 96 and 97.
(b) Subdistrict 7-2 shall consist of the following precincts in Hinds County: 11, 12, 13, 14, 15, 16, 17, 23, 27, 28, 29, 30, 37, 38, 39, 40, 41, 42, 43, 80, 81, 82, 83, 84, 85, Brownsville, Cynthia, Pocahontas and Tinnin.
(c) Subdistrict 7-3 shall consist of the following precincts in Hinds County: 18, 19, 20, 21, 22, 24, 25, 26, 31, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 66, 67, 68, 69, 70, 71, 86, 89, and Jackson State.
(d) Subdistrict 7-4 shall consist of the following precincts in Hinds County: 87, 88, 90, 91, 94, 95, Bolton, Byram 1, Byram 2, Cayuga, Chapel Hill, Clinton 1, Clinton 2, Clinton 3, Clinton 4, Clinton 5, Clinton 6, Dry Grove, Edwards, Learned, Old Byram, Pinehaven, Raymond 1, Raymond 2, Spring Ridge, St. Thomas, Terry, Utica 1 and Utica 2.
SECTION 250. Section 83-6-33, Mississippi Code of 1972, is amended as follows:
83-6-33. (1) Whenever it
appears to the commissioner that any insurer or any director, officer, employee
or agent thereof has committed or is about to commit a violation of this chapter
or of any rule, regulation or order issued by the commissioner hereunder, the
commissioner may apply to chancery court for the county in which the principal
office of the insurer is located, or if such insurer has no office in this state,
then to the * * * inferior courts of the Capitol Complex
Improvement District for an order enjoining such insurer or such director,
officer, employee or agent thereof from violating or continuing to violate this
chapter or any such rule, regulation or order, and for such other equitable relief
as the nature of the case and the interests of the insurer’s policyholders,
creditors and shareholders or the public may require.
(2) No security that is the
subject of any agreement or arrangement regarding acquisition, or that is
acquired or to be acquired, in contravention of the provisions of this chapter
or of any rule, regulation or order issued by the commissioner hereunder may be
voted at any shareholder’s meeting or may be counted for quorum purposes, and
any action of shareholders requiring the affirmative vote of a percentage of
shares may be taken as though such securities were not issued and outstanding; but
no action taken at any such meeting shall be invalidated by the voting of such
securities unless the action would materially affect control of the insurer or unless
the courts of this state have so ordered. If an insurer or the commissioner has
reason to believe that any security of the insurer has been or is about to be
acquired in contravention of the provisions of this chapter or of any rule, regulation
or order issued by the commissioner hereunder, the insurer or the commissioner may
apply to the * * * inferior courts of the Capitol Complex
Improvement District to enjoin any offer, request, invitation, agreement or
acquisition made in contravention of any rule, regulation or order issued by the
commissioner thereunder to enjoin the voting of any security so acquired, to
void any vote of such security already cast at any meeting of shareholders and
for such other equitable relief as the nature of the case and the interest of
the insurer’s policyholders, creditors and shareholders or the public may
require.
(3) In any case where a
person has acquired or is proposing to acquire any voting securities in violation
of this chapter or any rule, regulation or order issued by the commissioner hereunder,
the * * * on the notice as the court requires, inferior courts
of the Capitol Complex Improvement District, upon the application of the insurer
or the commissioner, may seize or sequester any voting securities of the
insurer owned directly or indirectly by the person and issue the order with
respect thereto as may be appropriate to effectuate the provisions of this chapter.
For the purposes of this section, the situs of the ownership of the securities
of domestic insurers shall be in this state.
SECTION 251. Section 55-23-33, Mississippi Code of 1972, is amended as follows:
55-23-33. (1) An additional charge of Fifty Cents (50¢) per ticket is hereby imposed upon every ticket which is sold (a) to an event conducted in the Mississippi Veterans Memorial Stadium in which there participates any team of a university which is a member of the National Collegiate Athletic Association with the exception of a university located in Hinds County, in which case an additional charge of Twenty-five Cents (25¢) per ticket shall be imposed, and (b) to any event in which there participates a professional team or in which the entertainers, performers or other participants are professionals. The funds derived from this additional charge shall be paid by the Stadium Commission to the State Treasurer to be deposited in the Mississippi Veterans Memorial Stadium Operating Fund and are specifically reserved and dedicated for the payment of the principal of and the interest on bonds issued under the provisions of Sections 55-23-21 through 55-23-43 to enlarge and renovate the Mississippi Veterans Memorial Stadium. Upon a determination by the State Treasurer, the additional charge provided by this subsection may cease to be imposed when the other revenue pledged out of the Mississippi Veterans Memorial Stadium Operating Fund to retire the bonds is at least one and one tenth (1.1) times the annual debt service plus the obligation to Hinds County or when the fund contains an amount sufficient to retire the amount of bonds then outstanding plus the obligation to Hinds County. If the charge ceases to be imposed as hereinbefore provided and revenues pledged out of the Mississippi Veterans Memorial Stadium Operating Fund to retire the bonds fall below one (1.0) times the annual debt service plus the obligation to Hinds County, then at that time the State Treasurer shall notify the Stadium Commission and the charge shall be restored.
(2) Forty-two percent (42%) of the tax levied pursuant to Section 27-65-22, Mississippi Code of 1972, on gross revenue derived from the sale of admission to events conducted in the Mississippi Veterans Memorial Stadium, which is deposited in the Mississippi Veterans Memorial Stadium Operating Fund, is hereby specifically reserved and dedicated for the payment of the principal of and the interest on bonds issued under the provisions of Sections 55-23-21 through 55-23-43 and repayment of the contribution of Hinds County to enlarge and renovate the Mississippi Veterans Memorial Stadium.
(3) It is the intent of the Legislature that a university's share in revenue derived from events conducted at Mississippi Veterans Memorial Stadium not be reduced as a result of the enactment of this section; and, to that end, any proceeds derived from an event at the Mississippi Veterans Memorial Stadium to which a university is entitled shall not be less than that share to which it would otherwise have been entitled prior to the effective date of Sections 55-23-21 through 55-23-43.
(4) Notwithstanding the provisions of subsections (1) and (2) of this section, on and after April 19, 1989, the imposition and deposit of the additional per ticket charge described in subsection (1) of this section and the diversion of the portion of the tax described in subsection (2) of this section shall each be suspended so long as not less than thirty (30) days prior to the first day of each fiscal year of the State of Mississippi either (a) the Legislature has theretofore appropriated for deposit to the Mississippi Veterans Memorial Bond Sinking Fund an amount of monies from any source sufficient to fully pay in a timely manner all of the principal and interest scheduled to become due in such fiscal year on all bonds theretofore issued and then outstanding under the provisions of Sections 55-23-21 through 55-23-43, plus an amount sufficient to pay all then overdue and unpaid installments of principal and interest on such bonds, if any, or (b) the amount on deposit in the Mississippi Veterans Memorial Stadium Bond Sinking Fund shall be sufficient to fully pay in a timely manner all of the principal and interest scheduled to become due prior to such fiscal year on all bonds theretofore issued and then outstanding under the provisions of Sections 55-23-21 through 55-23-43, plus all of the principal and interest scheduled to become due in such fiscal year on all such bonds, plus an amount sufficient to pay all then overdue and unpaid installments of principal and interest on such bonds, if any. Whenever the State Treasurer shall determine that the conditions of the aforesaid suspensions have not or will not be satisfied as provided in the immediately preceding sentence, the State Treasurer shall notify all appropriate state officials of the same and the imposition and deposit of said additional per ticket charge under subsection (1) of this section and the diversion of said portion of the tax under subsection (2) of this section, each to the Mississippi Veterans Memorial Stadium Bond Sinking Fund, shall be automatically and immediately restored.
SECTION 252. Section 55-23-41, Mississippi Code of 1972, is brought forward as follows:
55-23-41. The proceeds of the bonds authorized in Sections 55-23-21 through 55-23-43 and funds appropriated for the enlargement and renovation of the Mississippi Veterans Memorial Stadium, including the funds to be supplied by Hinds County and also including funds from any and all other sources set aside for such enlargement and renovation by the Building Commission shall be used for the purpose of enlarging and renovating all physical components which make up the Mississippi Veterans Memorial Stadium and, except for the funds contributed by Hinds County, shall be deposited in the Mississippi Memorial Stadium Construction Fund, hereby created in the State Treasury. The funds contributed by Hinds County shall be deposited as provided in Section 55-23-23. To that end the commission is hereby authorized and empowered to make and enter into such contracts and execute such instruments containing such reasonably appropriate terms and conditions as, in its discretion, it may deem necessary, proper or advisable for the purpose of carrying out the terms of Sections 55-23-21 through 55-23-43, including the acceptance of that proportion of the cost of improvements required by the terms of Sections 55-23-21 through 55-23-43 to be contributed by Hinds County. Any funds received by the Mississippi Veterans Memorial Stadium Commission under Section 55-23-8 may be used for any purpose authorized in this section or Section 55-23-8, or both.
SECTION 253. Section 9-5-17, Mississippi Code of 1972, is brought forward as follows:
9-5-17. (1) The Fifth Chancery Court District is composed of Hinds County.
(2) The Fifth Chancery Court District shall be divided into the following four (4) subdistricts:
(a) Subdistrict 5-1 shall consist of the following precincts in Hinds County: 1, 2, 4, 5, 6, 8, 9, 10, 32, 33, 34, 35, 36, 44, 45, 46, 47, 72, 73, 74, 75, 76, 77, 78, 79, 92, 93, 96 and 97.
(b) Subdistrict 5-2 shall consist of the following precincts in Hinds County: 11, 12, 13, 14, 15, 16, 17, 23, 27, 28, 29, 30, 37, 38, 39, 40, 41, 42, 43, 80, 81, 82, 83, 84, 85, Brownsville, Cynthia, Pocahontas and Tinnin.
(c) Subdistrict 5-3 shall consist of the following precincts in Hinds County: 18, 19, 20, 21, 22, 24, 25, 26, 31, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 66, 67, 68, 69, 70, 71, 86, 89 and Jackson State.
(d) Subdistrict 5-4 shall consist of the following precincts in Hinds County: 87, 88, 90, 91, 94, 95, Bolton, Byram 1, Byram 2, Cayuga, Chapel Hill, Clinton 1, Clinton 2, Clinton 3, Clinton 4, Clinton 5, Clinton 6, Dry Grove, Edwards, Learned, Old Byram, Pinehaven, Raymond 1, Raymond 2, Spring Ridge, St. Thomas, Terry, Utica 1 and Utica 2.
SECTION 254. Section 99-11-37, Mississippi Code of 1972, is amended as follows:
99-11-37. (1) In Harrison County, a county having two (2) judicial districts, all crimes and misdemeanors shall be cognizable only in the proper court of the district in which the offense may be committed, and such court shall have jurisdiction of the same.
(2) In Hinds County, a county having two (2) judicial districts, all crimes and misdemeanors committed in Hinds County shall be cognizable in the court of either judicial district of the county, except as otherwise provided for the authority provided to inferior courts of the Capitol Complex Improvement District in this act and such court shall have jurisdiction of the same. Any and all proceedings may be conducted in either judicial district.
SECTION 255. Section 37-27-80, Mississippi Code of 1972, is brought forward as follows:
37-27-80. (1) Effective July 1, 2014, the Hinds Agriculture High School shall be closed. Upon closure, all real property titled to or used by Hinds Agricultural High School will become the property of the Hinds Community College District.
(2) All personal property used by the Hinds Agricultural High School for secondary school purposes, including all nondisposab1e sports and/or extracurricular equipment (i.e., football helmets, shoulder pads, baseball bats and helmets, and band equipment) will become the property of the Hinds County School District. The division of such personal property will be determined by joint order of the Boards of Trustees of Hinds Community College District and Hinds County School District. Any cost of transferring title of such real or personal property will be paid by Hinds Community College District.
(3) Any such joint order directing the transfer of the personal property of the Hinds Agricultural High School shall be submitted and approved by the State Board of Education. The finding of the State Board of Education shall be final and conclusive for the purpose of the transfer of property required by such administrative consolidation.
(4) The students attending the said agricultural high school shall be deemed to be students of the school district where they reside. After closure of Hinds Agricultural High School, any student who is enrolled at the Hinds Agricultural High School when the closure is effected may receive two (2) diplomas upon successful completion of all graduation requirements of the school district they subsequently attend: one (1) diploma to be the official completion with the school district they subsequently attend and the second to be a courtesy diploma reflecting graduation from Hinds Agriculture High School.
(5) In the event that Hinds Agricultural High School is closed, there will be a two-year waiver of test scores of Hinds Agricultural High School students being included in accountability calculations for Raymond High School and the Hinds County School District, subject to approval by the State Department of Education. In addition, the students from Hinds Agricultural High School will not be included in the graduation cohort for accountability calculations for the Hinds County School District, subject to approval by the State Department of Education.
SECTION 256. Section 25-3-25, Mississippi Code of 1972, is brought forward as follows:
25-3-25. (1) Except as otherwise provided in subsections (2) through (9), the salaries of sheriffs of the various counties are 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 most recent federal decennial census:
(a) For counties with a total population of more than one hundred thousand (100,000), a salary of One Hundred Four Thousand Dollars ($104,000.00).
(b) For counties with a total population of more than forty-four thousand (44,000) and not more than one hundred thousand (100,000), a salary of Ninety-five Thousand Dollars ($95,000.00).
(c) For counties with a total population of more than thirty thousand (30,000) and not more than forty-four thousand (44,000), a salary of Ninety Thousand Dollars ($90,000.00).
(d) For counties with a total population of more than twelve thousand five hundred (12,500) and not more than thirty thousand (30,000), a salary of Eighty-five Thousand Dollars ($85,000.00).
(e) For counties with a total population of not more than twelve thousand five hundred (12,500), a salary of Eighty Thousand Dollars ($80,000.00).
(2) In addition to the salary provided for in subsection (1) of this section, the Board of Supervisors of Leflore County, in its discretion, may 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 have 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, in its discretion, may 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 persons with an intellectual disability, 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-Medgar Wiley Evers 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) In addition to the salary provided for in subsection (1) of this section, the Board of Supervisors of Neshoba County shall pay an annual supplement to the sheriff of the county an amount equal to Ten Thousand Dollars ($10,000.00).
(5) In addition to the salary provided for in subsection (1) of this section, the Board of Supervisors of Tunica County, in its discretion, may pay an annual supplement to the sheriff of the county an amount equal to Ten Thousand Dollars ($10,000.00), payable beginning April 1, 1997.
(6) In addition to the salary provided for in subsection (1) of this section, the Board of Supervisors of Hinds County shall pay an annual supplement to the sheriff of the county in an amount equal to Fifteen Thousand Dollars ($15,000.00). The Legislature finds and declares that the annual supplement authorized by this subsection is justified in such county for the following reasons:
(a) Hinds County has the greatest population of any county, two hundred fifty-four thousand four hundred forty-one (254,441) by the 1990 census, being almost one hundred thousand (100,000) more than the next most populous county;
(b) Hinds County is home to the State Capitol and the seat of all state government offices;
(c) Hinds County is the third largest county in geographic area, containing eight hundred seventy-five (875) square miles;
(d) Hinds County is comprised of two (2) judicial districts, each having a courthouse and county office buildings;
(e) There are four (4) resident circuit judges, four (4) resident chancery judges, and three (3) resident county judges in Hinds County, the most of any county, with the sheriff acting as chief executive officer and provider of bailiff services for all;
(f) The main offices for the clerk and most of the judges and magistrates for the United States District Court for the Southern District of Mississippi are located within the county;
(g) The state's only urban university, Jackson State University, is located within the county;
(h) The University of Mississippi Medical Center, combining the medical school, dental school, nursing school and hospital, is located within the county;
(i) Mississippi Veterans Memorial Stadium, the state's largest sports arena, is located within the county;
(j) The Mississippi State Fairgrounds, including the Coliseum and Trade Mart, are located within the county;
(k) Hinds County has the largest criminal population in the state, such that the Hinds County Sheriff's Department operates the largest county jail system in the state, housing almost one thousand (1,000) inmates in three (3) separate detention facilities;
(l) The Hinds County Sheriff's Department handles more mental and drug and alcohol commitment cases than any other sheriff's department in the state;
(m) The Mississippi Department of Corrections maintains a restitution center within the county;
(n) The Mississippi Department of Corrections regularly houses as many as one hundred (100) state convicts within the Hinds County jail system; and
(o) The Hinds County Sheriff's Department is regularly asked to provide security services not only at the Fairgrounds and Memorial Stadium, but also for events at the Mississippi Museum of Art and Jackson City Auditorium.
(7) In addition to the salary provided for in subsection (1) of this section, the Board of Supervisors of Wilkinson County, in its discretion, may 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 because the Mississippi Department of Corrections contracts for the private incarceration of state inmates at a private correctional facility within the county.
(8) In addition to the salary provided for in subsection (1) of this section, the Board of Supervisors of Marshall County, in its discretion, may 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 because the Mississippi Department of Corrections contracts for the private incarceration of state inmates at a private correctional facility within the county.
(9) In addition to the salary provided in subsection (1) of this section, the Board of Supervisors of Greene County, in its discretion, may 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 South Mississippi Correctional Facility within the county;
(b) In 1996, additional facilities to house another one thousand four hundred sixteen (1,416) male offenders were constructed at the South Mississippi Correctional Facility within the county; and
(c) The patrolling of the state properties located within the county has imposed additional duties on the sheriff justifying additional compensation.
(10) In addition to the salary provided in subsection (1) of this section, the board of supervisors of any county, in its discretion, may pay an annual supplement to the sheriff of the county in an amount not to exceed Ten Thousand Dollars ($10,000.00). The amount of the supplement shall be spread on the minutes of the board. The annual supplement authorized in this subsection shall not be in addition to the annual supplements authorized in subsections (2) through (9).
(11) In addition to the salary provided in subsection (1) and the supplements authorized in subsections (2) through (10), the board of supervisors of any county, in its discretion, may pay an annual supplement in an amount not to exceed Five Thousand Dollars ($5,000.00) to the sheriff of any county in which a juvenile detention center is located. The amount of the supplement shall be spread on the minutes of the board.
(12) (a) The salaries provided in this section 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; however, the board of supervisors, by resolution duly adopted and entered on its minutes, may provide that such salaries shall be paid semimonthly on the first and fifteenth day of each month. If a pay date falls on a weekend or legal holiday, salary payments shall be made on the workday immediately preceding the weekend or legal holiday.
(b) At least Ten Dollars ($10.00) from each fee collected and deposited into the county's general fund under the provisions of paragraphs (a), (c) and (g) of subsection (1) of Section 25-7-19 shall be used for the sheriffs' salaries authorized in Section 25-3-25; as such Ten Dollar ($10.00) amount was authorized during the 2007 Regular Session in Chapter 331, Laws of 2007, for the purpose of providing additional monies to the counties for sheriffs' salaries.
(13) (a) All sheriffs, each year, shall attend twenty (20) hours of continuing education courses in law enforcement. Such courses shall be approved by the Mississippi Board on Law Enforcement Officers Standards and Training. Such education courses may be provided by an accredited law enforcement academy or by the Mississippi Sheriffs' Association.
(b) The Mississippi Board on Law Enforcement Officers Standards and Training shall reimburse each county for the expenses incurred by sheriffs and deputy sheriffs for attendance at any approved training programs as required by this subsection.
SECTION 257. Section 69-7-209, Mississippi Code of 1972, is amended as follows:
69-7-209. Any person
feeling aggrieved with the decision of the commissioner of agriculture and
commerce in refusing to grant a license hereunder shall have recourse by an
appeal to the * * * inferior courts of the
Capitol Complex Improvement District by petition filed within thirty days
from the date of final refusal to issue such license. The * * * inferior
courts of the Capitol Complex Improvement District shall have and it is
hereby given full jurisdiction of such appeal and it may enter any appropriate
orders therein in term time or in vacation.
SECTION 258. Section 25-4-109, Mississippi Code of 1972, is amended as follows:
25-4-109. (1) Upon a finding
by clear and convincing evidence that any elected public servant or other
person has violated any provision of this article, the commission may censure
the elected public servant or impose a civil fine of not more than Ten Thousand
Dollars ($10,000.00), or both. The commission may further recommend to the * * * inferior
courts of the Capitol Complex Improvement District that the elected public
servant be removed from office.
(2) Upon a finding by clear
and convincing evidence that any nonelected public servant has violated any
provision of this article, the commission may censure the nonelected public
servant or impose a civil fine of not more than Ten Thousand Dollars
($10,000.00), or both. The commission may further recommend to the * * * inferior
courts of the Capitol Complex Improvement District that the nonelected public
servant be removed from office, suspended, or subjected to a demotion or
reduction in pay.
(3) The commission may order restitution or other equitable or legal remedies to recover public funds or property unlawfully taken, as well as unjust enrichment, although not public funds. Any pecuniary benefit received by a public servant in violation of this article may be declared forfeited by the commission for the benefit of the governmental entity injured.
(4) In the event a public servant
does not appeal the decision or recommendation of the commission, the
commission may petition the * * * inferior
courts of the Capitol Complex Improvement District for the removal,
suspension, demotion or reduction of pay of the public servant as provided by
law.
SECTION 259. Section 83-53-43, Mississippi Code of 1972, is amended as follows:
83-53-43. Any person who
violates an order of the commissioner, after it has become final, and while
such order is in effect, shall, upon proof thereof to the satisfaction of the
court, forfeit and pay to the State of Mississippi a sum to be determined by
the commissioner not to exceed Five Thousand Dollars ($5,000.00) for each violation,
which if not paid may be recovered in a civil action instituted in the name of
the commissioner in the circuit court in the county of the residence of such person
who is a resident of the state. In the case of a nonresident, the action shall
be brought in the * * * inferior courts of the Capitol
Complex Improvement District.
SECTION 260. Section 65-26-29, Mississippi Code of 1972, is amended as follows:
65-26-29. (1) Such general obligation bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this chapter. Any resolution providing for the issuance of general obligation bonds under the provisions of this chapter shall become effective immediately upon its adoption by the Bond Commission, and any such resolution may be adopted at any regular, special or adjourned meeting of the Bond Commission by a majority of its members.
(2) The bonds authorized
under the authority of this chapter shall be validated in the * * * inferior
courts of the Capitol Complex Improvement District in the manner and with
the force and effect provided now or hereafter by Chapter 13, Title 31,
Mississippi Code of 1972, for the validation of county, municipal, school
district, and other bonds. The necessary papers for such validation proceedings
shall be transmitted to the State Bond Attorney by the Secretary of the Bond Commission,
and the required notice shall be published in a newspaper published in the City
of Jackson, Mississippi.
SECTION 261. Section 37-101-279, Mississippi Code of 1972, is amended as follows:
37-101-279. (1) If a borrower defaults on an educational loan or scholarship, the Attorney General of the State of Mississippi shall bring suit against the defaulting party as soon as practicable.
(2) A suit against a
defaulting party under this section may be brought in the county in which the
defaulting person resides, in which the lender is located, or in any * * * inferior courts of the
Capitol Complex Improvement District.
SECTION 262. Section 29-1-205, Mississippi Code of 1972, is brought forward as follows:
29-1-205. (1) The Department of Finance and Administration, Bureau of Building, Grounds and Real Property Management, is hereby authorized, empowered and directed to sell and convey on behalf of the State of Mississippi to a nationally recognized organization which has as its purpose the recognition and promotion of scholarship, leadership and service among two-year college students throughout the country for the purpose of constructing a national headquarters thereon, the following described state-owned lands. The property authorized to be sold and conveyed is a certain parcel of land situated in the Northwest 1/4 of the Northeast 1/4 of Section 25, T6N, R1E, Jackson, Hinds County, Mississippi, and being more particularly described as follows, to wit:
Commence at the Southwest corner of Lot 2 of Northeast Heights, a subdivision on file and of record in the Office of the Chancery Clerk at Jackson, Hinds County, Mississippi, in Plat Book 10 at page 45; run thence Southerly along the extension of the West line of said Lot 2 for a distance of 80.00 feet to a point on the South line of Eastover Drive; turn thence right through a deflection angle of 89 degrees 13 minutes and run westerly along the South line of Eastover Drive for a distance of 43.84 feet to the POINT OF BEGINNING; thence leaving said South line of Eastover Drive, turn left through a deflection angle of 95 degrees 41 minutes 50 seconds and run Southerly along a line twenty-five feet from and parallel to the centerline of a 31 foot asphalt drive for a distance of 118.08 feet; turn thence right through a deflection angle of 3 degrees 07 minutes 37 seconds and continue Southerly along a line twenty-five feet from and parallel to the centerline of a 31 foot asphalt drive for a distance of 132.71 feet to a point on the North line of a United Gas Pipe Line Company easement; turn thence right through a deflection angle of 59 degrees 18 minutes 47 seconds and run Southwesterly along the North line of said United Gas Pipe Line Company easement for a distance of 520.00 feet; turn thence right through a deflection angle of 90 degrees 00 minutes 00 seconds and run Northwesterly for a distance of 410.00 feet; turn thence right through a deflection angle of 69 degrees 42 minutes 33 seconds and run Northeasterly for a distance of 238.99 feet to a point on the South line of said Eastover Drive; said point further being on a 2 degrees 27 minutes curve bearing to the right, said curve having a central angle of 8 degrees 58 minutes 45 seconds and a radius of 2258.60 feet; turn thence right through a deflection angle of 53 degrees 12 minutes 08 seconds and run Easterly along the chord of said 2 degrees 27 minutes curve bearing to the right and the South line of said Eastover Drive for a distance of 27.26 feet to the Point of Tangency; turn thence right through a deflection angle of 00 degrees 20 minutes 45 seconds and run Easterly along the South line said Eastover Drive for a distance of 472.74 feet to the POINT OF BEGINNING, containing 5.44 acres more or less.
(2) The Legislature recognizes that Mississippi's public two-year college system is the oldest system of its kind in the nation, and further recognizes that this system enjoys national notoriety and respect for its achievement and promotion of educational, civic, social and cultural excellence. The Legislature declares and finds that the purpose of this legislation is to promote, enhance and foster continued excellence in Mississippi's two-year college system and the overall educational development and improvement of the State of Mississippi and the educational, civic, social, cultural, moral and economic welfare thereof, and that such purposes will be accomplished by the conveyance of the above-described property to an organization within the aforesaid classification for construction of a national headquarters thereon.
(3) The conveyance to be executed by the Department of Finance and Administration, acting through the Bureau of Building, Grounds and Real Property Management, shall be within the limits contained in Sections 29-1-205 and 29-1-209 and contain a provision reserving unto the state all oil, gas and mineral rights of every kind and character. The conveyance shall make provision for reasonable access to the conveyed premises over existing roadways and to existing utility lines for the benefit of the conveyed premises. The conveyance shall include terms granting to the Board of Trustees of State Institutions of Higher Learning, to the Mississippi Community College Board and to the Mississippi Authority for Educational Television reasonable rights to utilize the improvements to be constructed thereon, or portions thereof, for conference or meeting purposes, specifying the architectural style of the improvements and providing a reasonable setback of wooded undeveloped property contiguous to the improvements in order to maintain the natural environment of the site.
(4) The conveyance herein shall be for such consideration as determined appropriate by the Public Procurement Review Board. Such consideration may be paid or provided in installments over a period of time (not to exceed twenty-five (25) years) and may also be provided in kind. In kind consideration may include the reasonable use of the improvements constructed on the property by the Board of Trustees of State Institutions of Higher Learning and its institutions, the Mississippi Community College Board and the community and junior colleges, and the Mississippi Authority for Educational Television and other state agencies, and the provision of leadership training certification programs for community and junior college faculty and others. Such in kind consideration may also constitute full and fair consideration for the property. In establishing consideration, the board may take into account the appraised value of the property, but shall allow reasonable credit to the purchaser for benefits accruing to the State of Mississippi, including the enhancement of the state's community and junior college program and the promotion of excellence in public education afforded by the location of such organization and its headquarters in this state, the increase in employment made possible, and that the only use which can be made of the conveyed premises is for the organization's national headquarters with reversion to the state otherwise.
SECTION 263. Section 55-23-5, Mississippi Code of 1972, is brought forward as follows:
55-23-5. There is hereby created a commission to be known as "The Mississippi Veterans Memorial Stadium Commission," hereinafter sometimes referred to as the commission, which shall consist of six (6) members as follows:
(a) One (1) member shall be appointed by the Mayor of the City of Jackson, Mississippi;
(b) One (1) member shall be selected by the Board of Trustees of State Institutions of Higher Learning from among the membership of the board or shall be some other person designated by the board;
(c) Two (2) members shall be appointed by the Governor from the state at large outside of Hinds County, Mississippi, and one (1) member shall be appointed by the Governor from Hinds County, Mississippi. The appointee from Hinds County may be selected from a list of three (3) persons submitted by the Hinds County Board of Supervisors to the Governor;
(d) One (1) member shall be the President of Jackson State University, or his designee.
Terms of members shall begin on May 1, 1987, as follows: Of the members appointed by the Governor, one (1) shall serve for a term of one (1) year, one (1) for a term of two (2) years and one (1) for a term of three (3) years; the member appointed by the Mayor of the City of Jackson shall serve for a term of four (4) years; and the member representing the Board of Trustees of State Institutions of Higher Learning shall serve for a term of five (5) years. Upon the expiration of the foregoing terms, members shall serve for terms of five (5) years each. The appointing authority shall fill any vacancy in the above terms by appointment of a member for the unexpired term. Members shall be eligible for reappointment. An appointed member serving on the commission on April 30, 1987, shall be eligible for appointment to the commission for a term beginning May 1, 1987, of either one (1), two (2), three (3), four (4) or five (5) years, if such member is otherwise qualified. One (1) member of the commission appointed by the Governor shall be a person knowledgeable in marketing with at least three (3) years actual experience therein and one (1) member appointed by the Governor shall be a person of recognized ability in a trade or business with at least five (5) years actual experience therein. From and after May 1, 1987, the name of the commission shall be the "Mississippi Veterans Memorial Stadium Commission" and any references in Sections 55-23-3 through 55-23-11 to the Mississippi Memorial Stadium Commission or commission shall mean the Mississippi Veterans Memorial Stadium Commission unless the context clearly indicates a different meaning. From and after May 1, 1987, the stadium shall be known as the "Mississippi Veterans Memorial Stadium." The commission is authorized to accept donations of money, property or services from any public or private source to accomplish any physical replacement or alterations of stadium property necessary to accomplish the renaming of the stadium.
The members of the commission shall serve without compensation except that members shall be paid their actual and necessary expenses in connection with the performance of their duties as members of the commission, including mileage, as authorized in Section 25-3-41, Mississippi Code of 1972, plus a per diem as is authorized by Section 25-3-69, Mississippi Code of 1972, while engaged in the performance of their duties. The expenses, mileage and per diem allowance shall be paid out of the Mississippi Veterans Memorial Stadium Fund.
The commission shall elect from its membership a chairman who shall preside over meetings and a vice chairman who shall preside in the absence of the chairman. Three (3) members of the commission shall constitute a quorum for the transaction of any and all business of the commission.
The powers of the commission shall be exercised by a majority of the members thereof, but it may delegate to one or more of its members, or to its agents and employees, such powers and duties as it may deem proper, and may adopt rules and regulations for the conduct of its business and affairs. The commission shall contract with a certified public accounting firm to conduct audits of concession and novelty sales by vendors at the stadium. The commission shall, as far as is practicable, provide that the cost of such audits shall be paid by the vendor of such concessions or novelties, or both.
The commission shall appoint a director who shall have at least a bachelor's degree from an accredited university or college. The director shall have the responsibility for insuring the marketing of tickets to events conducted in the stadium, in addition to such other duties as the commission may designate. Before entering upon the duties of his office, the director shall give bond to the State of Mississippi in the sum of Fifty Thousand Dollars ($50,000.00), and said bond shall be conditioned upon the faithful discharge and performance of his official duty. The principal and surety on said bond shall be liable thereunder to the state for double the amount of value of any money or property which the state may lose, if any, by reason of any wrongful or criminal act of said director. Said bond, when approved by the commission, shall be filed with the Secretary of State, and the premium thereon shall be paid from the Mississippi Veterans Memorial Stadium Fund.
SECTION 264. Section 29-1-203, Mississippi Code of 1972, is brought forward as follows:
29-1-203. (1) The Governor's Office of General Services is hereby authorized and empowered, in its discretion, to lease for a period of not more than twenty (20) years with an option to renew for a period of twenty (20) years all, or to rent on a monthly basis any part, of those lands being part of the southwest corner of Section 14, Township 6 North, Range 1 East, in the City of Jackson, Hinds County, Mississippi, and being more particularly described as follows:
Beginning at southwest corner of West Broadmoor Subdivision, as recorded in Plat Book 6, Page 35, in the office of the Chancery Clerk of Hinds County, Mississippi, and run thence easterly along the south boundary of Lot I, of the aforesaid subdivision 261.4 feet to the western right-of-way line of North State Street, run thence southwesterly along the western right-of-way line of North State Street, 111 feet, run thence westerly 242 feet, more or less to the point of beginning.
The rental or lease shall be subject to the following terms and conditions:
(a) That the Governor's Office of General Services find and determine that the said lands, or parts thereof, are neither now needed nor are they programmed by the State of Mississippi for governmental purposes within the period of the proposed term of said lease or rental.
(b) That the annual amount paid for leased lands be in an amount of not less than seven and one-half percent (7-1/2%) of the current fair market value as determined by the averaging of at least two (2) appraisals. Thereafter, appraisals on said property may be made every five (5) years (computed from the date of the beginning of each such lease) at the insistence of either party and at the cost of the party demanding same, and the annual rental shall be adjusted in accordance with said appraisal. All such appraisals shall be based on land value less any improvements that may have been heretofore added by the leaseholder in possession, or that may hereafter be added by the leaseholder in possession; provided, however, that all improvements permanently affixed to any of the said lands under lease or rental as provided for herein shall become the property of the State of Mississippi upon final termination of such lease or rental.
(c) That in the case of monthly rental of said lands or any part thereof, the Governor's Office of General Services be authorized to make such terms and agreements as to the amount and conditions thereof, and to follow such procedures as will insure a fair and equitable return to the state.
(d) That all lease and rental monies from any such leases or rentals be deposited in the state land acquisition fund.
(e) That nothing in this section be construed to authorize the sale or transfer of title to the said lands.
(2) It is the intent and purpose of this section to provide a fair and equitable return for the lease or rental of said state lands. The Governor's Office of General Services is hereby empowered and authorized to follow such procedures and to make such arrangements, not inconsistent with the provisions here, as may be reasonably necessary to effect such purpose and intent.
SECTION 265. Section 77-6-7, Mississippi Code of 1972, is brought forward as follows:
77-6-7. There shall be created a local distribution company of the state to be known as the Municipal Gas Authority of Mississippi for the purpose of undertaking the planning, financing, development, acquisition, construction, reconstruction, improvement, enlargement, betterment, operation and maintenance of a project or projects to supply gas for present or future needs as an alternative or supplemental method of obtaining the benefits and assuming the responsibilities of ownership in a project. In determining whether or not membership in the authority for such purpose is in the best interests of the municipalities, the utility commissions shall take into consideration, but shall not be limited to the following:
(a) Whether or not a separate entity may be able to finance the cost of projects in a more efficient and economical manner;
(b) Whether or not better financial market acceptance may result if one (1) entity is responsible for issuing all of the bonds required for a project or projects in a timely and orderly manner and with a uniform credit rating instead of multiple entities issuing separate issues of bonds;
(c) Whether or not savings and other advantages may be obtained by providing a separate entity responsible for the acquisition, construction, ownership and operation of a project or projects; and
(d) Whether or not the existence of such a separate entity will foster the continuation of joint planning and undertaking of projects, and the resulting economies and efficiencies to be derived from such joint planning and undertaking.
If a utility commission shall determine that it is in the best interest of the municipality to become a member of the Municipal Gas Authority of Mississippi, it shall adopt a resolution so finding, which need not prescribe in detail the basis for the determination, and which shall set forth the names of the municipalities which are proposed to be initial members of the authority. Said resolution shall be certified to the governing authorities who shall thereupon disapprove or ratify the determination of said utility commission by resolution or ordinance spread upon its official minutes. The governing authorities shall cause notice of such determination to be given to the presiding officer of the utility commission of the municipality, which utility commission shall thereupon appoint in writing one (1) commissioner of the authority, which commissioner may, in the discretion of the utility commission, be an officer or employee of the municipality.
All such resolutions of intent to become initial members of the authority shall be presented, by the appointed commissioner of such utility commission, at its organizational meeting which shall be held in the old Supreme Court chamber of the New Capitol at 2:00 p.m. on May 16, 1988. The commissioners shall organize and elect a chairman and other such officers as may be desirable in the determination of the commissioners.
The authority shall have its principal office in Hinds County and its legal situs or residence for the purposes of this chapter shall be Hinds County.
SECTION 266. Section 55-23-13, Mississippi Code of 1972, is amended as follows:
55-23-13. The * * * Mississippi Department of Transportation is
hereby authorized and empowered to maintain the driveways which lead to the
Mississippi Veterans Memorial Stadium and are a part of the state-owned real property
under the jurisdiction of the Mississippi Veterans Memorial Stadium
Commission. In carrying out this section, the department is authorized to use
its personnel, funds, equipment and machinery, and it may accept donations of
funds from said commission, the City of Jackson, and Hinds County, which funds
are hereby authorized to be expended, and other grants and bequests for carrying
out the provisions of this section.
SECTION 267. Section 83-53-41, Mississippi Code of 1972, is amended as follows:
83-53-41. If the order of
the commissioner under Section 83-53-35 does not charge a violation of this
chapter or any rule or regulation pursuant thereto, then any petitioner or intervenor
in the proceedings may, within thirty (30) days after the service of such
report, file a petition or complaint in the * * * inferior
courts of the Capitol Complex Improvement District for a review of such
order. Upon such review, the court shall have the authority to issue
appropriate orders and decrees in connection therewith, including orders
enjoining and restraining the continuance of any act which it finds, notwithstanding
such order of the commissioner, constitutes a violation of this chapter or any
rule or regulation issued pursuant thereto.
SECTION 268. Section 99-35-127, Mississippi Code of 1972, is brought forward as follows:
99-35-127. The sheriff of Hinds County shall receive and safely keep, according to the order of the supreme court, all persons ordered into his custody. The sheriff shall be paid his fees therefor out of the treasury of the proper county, or out of the state appropriation for the judicial department, when certified by the supreme court.
SECTION 269. Section 9-3-31, Mississippi Code of 1972, is brought forward as follows:
9-3-31. The Supreme Court may at any time require the sheriff of Hinds county, with a competent number of deputies, to attend and perform all lawful orders of the court; and, for any failure in this, after notice of the requirement by the court, the sheriff may be punished by the court for a contempt; and for attending the court he shall be allowed two dollars a day for each person so attending, to be paid as the marshal and porter are paid. And at all times, when proper, the court shall dispense with the services of a marshal and require the said sheriff to perform all its duties.
SECTION 270. Section 29-5-107, Mississippi Code of 1972, is brought forward as follows:
29-5-107. The Mississippi Department of Transportation Building, located at 401 North West Street in Jackson, Hinds County, Mississippi, shall be renamed the "William J. 'Billy' McCoy Building." The Department of Finance and Administration shall prepare or have prepared a distinctive plaque, to be placed in a prominent place within the building, that states the background, accomplishments and service to the state of the Honorable William J. "Billy" McCoy. The Department of Finance and Administration in conjunction with the Mississippi Department of Transportation shall erect or cause to be erected proper lettering or signage on the eastern outdoor facade of the building facing North West Street displaying the official name of the building as the "William J. 'Billy' McCoy Building."
SECTION 271. Section 31-29-15, Mississippi Code of 1972, is amended as follows:
31-29-15. Such general obligation bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this chapter. Any resolution providing for the issuance of general obligation bonds under the provisions of this chapter shall become effective immediately upon its adoption by the State Bond Commission, and any such resolution may be adopted at any regular, special or adjourned meeting of the State Bond Commission by a majority of its members.
The bonds authorized under
the authority of this chapter may, in the discretion of the State Bond Commission,
be validated in the * * * inferior courts of the
Capitol Complex Improvement District in the manner and with the force and
effect provided now or hereafter by Chapter 13, Title 31, Mississippi Code of
1972, for the validation of county, municipal, school district and other bonds.
The necessary papers for such validation proceedings shall be transmitted to
the State Bond Commission, and the required notice shall be published in a
newspaper published in the City of Jackson, Mississippi.
SECTION 272. Section 31-27-23, Mississippi Code of 1972, is brought forward as follows:
31-27-23. The refunding bonds authorized under authority of this chapter may, in the discretion of the governing body of the governmental unit, be validated in the chancery court of the county in which the governing body resides in the manner and with the force and effect provided now or hereafter by Chapter 13, Title 31, Mississippi Code of 1972, for the validation of municipal bonds. If the governing body is the State Bond Commission, the residence of the commission shall be Hinds County for the purposes of this section. The necessary papers shall be transmitted to the state's bond attorney by the governing body, and the required notice shall be published in a newspaper having general circulation in the State of Mississippi or the county in which the refunding bonds are to be validated.
SECTION 273. Section 37-47-59, Mississippi Code of 1972, is amended as follows:
37-47-59. All bonds issued
under the authority of this chapter may, in the discretion of the state bond
commission, be validated in the * * * inferior
courts of the Capitol Complex Improvement District in the manner and with
the force and effect now or hereafter provided by Chapter 13, Title 31, of the
Mississippi Code of 1972. In the event of such validation, the necessary papers
shall be transmitted to the state bond attorney by the secretary of said state
bond commission and the required notice shall be addressed to the taxpayers of
the State of Mississippi and shall be published in a newspaper of general
circulation published in the City of Jackson, Mississippi.
SECTION 274. Section 83-53-37, Mississippi Code of 1972, is amended as follows:
83-53-37. Any person affected
by an order of the commissioner under Section 83-53-35 may obtain a review of
such order by filing in the * * * inferior
courts of the Capitol Complex Improvement District within thirty (30) days
from the date of the service of such order, a complaint praying that the order
of the commissioner be modified or set aside. A copy of such petition or complaint
shall be forthwith served upon the commissioner, and thereupon the commissioner
forthwith shall certify and file in such court a transcript of the entire record
in the proceeding, including all the evidence taken and the findings and order of
the commissioner. Upon such filing of the petition and transcript, such court shall
have jurisdiction of the proceedings and of the question determined therein, shall
determine whether the filing of such petition shall operate as a stay of such
order of the commissioner, and shall have power to make and enter upon the
pleadings, evidence and proceedings set forth in such transcript a judgment
modifying, affirming or reversing the order of the commissioner, in whole or in
part. Any party, including the commissioner, aggrieved by a final decision of
said circuit court, may appeal to the Supreme Court in the manner provided by
law.
SECTION 275. Section 69-2-15, Mississippi Code of 1972, is amended as follows:
69-2-15. (1) Any lender which has made a loan to a farmer to finance the nonland capital costs of establishing production of an emerging crop on land in Mississippi may make application to the department for payment of the interest on the loan during the period from beginning of production to harvest or initial sale of the product, which payment shall be made from the fund. The maximum amount of interest loans from the fund for the benefit of any one (1) farmer shall be Fifty Thousand Dollars ($50,000.00). During the period that the department pays the interest on a loan, the maximum rate of interest which may be charged on the loan by the lender shall be four percent (4%) per annum above the New York prime rate. By payment of the interest on a loan, neither the department nor the State of Mississippi shall be a guarantor of the loan, but the state shall have a lien junior to any lien that the lender may have on the loan.
(2) If a farmer defaults on
the interest loan the Attorney General of the State of Mississippi shall take the
necessary legal action, as soon as practicable, to recover the monies due and
owing to the State of Mississippi. A suit against a defaulting party under
this section may be brought in the county in which the lender is located, or in
any * * *
inferior courts of the Capitol Complex Improvement District.
SECTION 276. Section 33-11-17, Mississippi Code of 1972, is brought forward as follows:
33-11-17. The Adjutant General is authorized to lease the Camp Shelby training site for oil and gas and other minerals exploration and to expend revenues therefrom in maintaining and developing the facilities.
He shall cause to be published a legal notice of the proposed lease once each week for three (3) consecutive weeks in a newspaper of general circulation published in Forrest, Harrison and Hinds Counties and in not less than one (1) oil and gas periodical having general circulation in this state, with the last publication to be completed not less than ten (10) days from the date sealed bids are to be received. All bids will be accompanied by a five percent (5%) bid bond in the form of a certified or cashier's check or in the form of a bid bond of a surety company qualified to do business in this state. If the Adjutant General deems the highest and best bid acceptable, he will make his recommendations in writing to the state oil and gas board for its consideration. The board is hereby authorized to either approve or disapprove the bid or bids, which action shall become final. Any such lease executed by the Adjutant General for oil, gas and for other minerals shall contain contractual provisions which shall not be for more than seven-eighths (⅞) of such oil, gas and for other minerals, retaining to the state at least one-eighth (⅛) royalty to be paid as prescribed by the state oil and gas board. No lease shall be for a primary term in excess of six (6) years.
SECTION 277. Section 99-11-39, Mississippi Code of 1972, is brought forward as follows:
99-11-39. (1) In Harrison County, a county having two (2) judicial districts, in all criminal cases where the venue thereof shall be changed, or the trial transferred or removed from one district to the other, the original papers, together with certified copies of all motions, orders and decrees made and entered in such suits, proceedings, matters and cases, shall be transmitted, transferred and filed by the proper clerk to and in his office at the proper place to which such change of venue or transfer shall be made.
(2) In Hinds County, a county having two (2) judicial districts, in all criminal cases where the venue thereof may be changed, or the trial transferred or removed from one district to the other, the original papers, together with certified copies of all motions, orders and decrees made and entered in such suits, proceedings, matters and cases, may be transmitted, transferred and filed by the proper clerk to and in his office at the proper place to which such change of venue or transfer may be made.
SECTION 278. Section 27-35-527, Mississippi Code of 1972, is amended as follows:
27-35-527. Any company,
failing to make a report to the Mississippi Tax Commission as herein required,
or which shall fail to comply with any of the above provisions, shall be
prohibited from doing business in the State of Mississippi, or operating its
rolling stock over any railroad in the State of Mississippi; and it shall be
the duty of the * * * inferior courts of the Capitol Complex
Improvement District upon application of the state tax commission, to issue
an injunction prohibiting all such companies who have failed or refused to
comply with the provisions of this article from further operating their rolling
stock over any railroad in the State of Mississippi. Provided that all such companies
shall have the right to have the injunction issued as above mentioned,
dissolved on showing to the court that they have complied with the provisions
of this article.
SECTION 279. Section 29-5-113, Mississippi Code of 1972, is brought forward as follows:
29-5-113. The Mississippi Department Of Environmental Quality Building, located at 515 East Amite Street in Jackson, Hinds County, Mississippi, shall be renamed the "Patrick Alan Nunnelee Building." The Department of Finance and Administration shall prepare or have prepared a distinctive plaque, to be placed in a prominent place within the building, that states the background, accomplishments and service to the state of the Honorable Congressman Patrick Alan Nunnelee. The Department of Finance and Administration in conjunction with the Mississippi Department Of Environmental Quality shall erect or cause to be erected proper lettering or signage on the northern outdoor facade of the building facing Amite Street displaying the official name of the building as the "Patrick Alan Nunnelee Building." Any and all funds necessary to accomplish this act will be appropriated by the Legislature for such purpose.
SECTION 280. Section 61-1-45, Mississippi Code of 1972, is amended as follows:
61-1-45. Every order of the
commission requiring performance of certain acts or compliance with certain
requirements, and every denial or revocation of an approval, certificate or
license, shall set forth the reasons and shall state the acts to be done or
requirements to be met before approval by the commission will be given or the
approval, license or certificate granted or restored or the order modified or
changed. Orders issued by the commission pursuant to the provisions of this
chapter shall be served upon the persons affected either by registered mail or
in person. In every case where notice and opportunity for hearing are required
under the provisions of this chapter the order of the commission shall, on not
less than thirty days' notice, specify a time when and place where the person
affected may be heard, or the time within which he may request hearing. Such
order shall become effective upon the expiration of the time for exercising
such opportunity for hearing, unless a hearing is held or requested within the
time provided, in which case the order shall be suspended until the commission
shall affirm, disaffirm or modify such order after hearing held or default by
the person affected. To the extent practicable, hearings on such orders shall
be held in the county where the affected person resides or does business. Any person
aggrieved by an order of the commission or by the grant, denial or revocation
of any approval, license or certificate may have the action of the commission
reviewed by the * * * inferior
courts of the Capitol Complex Improvement District.
SECTION 281. Section 69-1-47, Mississippi Code of 1972, is brought forward as follows:
69-1-47. The Mississippi Department of Agriculture and Commerce is hereby authorized and empowered, subject to the approval of the Department of Finance and Administration to borrow, from time to time, an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000.00) in the aggregate for repairs and renovations at the Farmers' Market in Jackson, Hinds County, Mississippi.
The rental proceeds received by the Central Market Board shall be pledged for the payment of the principal of and interest on such loan, which shall not exceed a term of ten (10) years and shall bear an interest rate not to exceed that provided in Section 75-17-101, Mississippi Code of 1972.
SECTION 282. Section 73-30-11, Mississippi Code of 1972, is amended as follows:
73-30-11. Following a decision by the board not to license, the applicant may request a hearing at the next regularly scheduled meeting of the board. The applicant will be notified of the decision of the majority of the board members within sixty (60) days of the hearing. Upon a final decision by the board not to license, the applicant may (after waiting a period of at least one (1) year) resubmit the application accompanied by new evidence and a nonrefundable application fee of One Hundred Dollars ($100.00) for reconsideration for licensure.
The applicant may appeal the
decision of the board to the circuit court of the county of the applicant's residence.
If an applicant does not reside in Mississippi, the applicant may appeal the
decision of the board to the * * * inferior courts
of the Capitol Complex Improvement District. Any appeal to the circuit
court must be taken within thirty (30) days of the date of the board's decision.
An appeal of the decision of the circuit court may be taken to the Mississippi
Supreme Court not later than sixty (60) days from the date of the decision by
the circuit court.
SECTION 283. Section 37-104-27, Mississippi Code of 1972, is amended as follows:
37-104-27. Revenue bonds
may be issued without any other proceeding or the happening of any other
conditions or things than those proceedings, conditions and things which are
specified or required in this chapter. The revenue bonds authorized under this
chapter may, in the discretion of the Authority, be validated by the * * * inferior
courts of the Capitol Complex Improvement District in the manner and with
the force and effect provided now or hereafter by Sections 31-13-1 through 31-13-11,
Mississippi Code of 1972, for the validation of county, municipal, school district
and other bonds. The necessary papers for such validation proceedings shall be
transmitted to the State Bond Attorney by the Authority and the required notice
shall be published in a newspaper published in the City of Jackson,
Mississippi.
SECTION 284. Section 37-125-5, Mississippi Code of 1972, is brought forward as follows:
37-125-5. The Jackson State College shall be located on the property situated near the City of Jackson, Hinds County, Mississippi, and containing forty-nine acres more or less north of the Y. & M. V. railroad, west of Dalton street, Section 9, township 6, range 1, east, and otherwise known as Jackson College.
SECTION 285. Section 59-5-49, Mississippi Code of 1972, is amended as follows:
59-5-49. Such bonds as are
authorized by this chapter may be issued without any other proceedings or the
happening of any other conditions or things than those proceedings, conditions,
and things which are specified or required by this chapter. The bonds authorized
under the authority of this chapter may, in the discretion of the State Bond
Commission, be validated in the * * * inferior
courts of the Capitol Complex Improvement District in the manner and with
the force and effect provided now or hereafter by Sections 31-13-1 through 31-13-11,
Mississippi Code of 1972, for the validation of county, municipal, school district,
and other bonds. The necessary papers for such validation proceedings shall be
transmitted to the State Bond Attorney by the Attorney General, and the required
notice shall be published in a newspaper published in the City of Jackson,
Mississippi, and in a newspaper of general circulation published in the city or
county where the planned development is located.
SECTION 286. Section 73-1-41, Mississippi Code of 1972, is brought forwardas follows:
73-1-41. The venue of action against the State Board of Architecture wherein said board is a defendant shall be in Hinds County.
SECTION 287. Section 59-17-39, Mississippi Code of 1972, is amended as follows:
59-17-39. Such bonds as are
issued under this chapter may be issued without any other proceedings or the
happening of any other conditions or things than those proceedings, conditions,
and things which are specified or required by this chapter. The bonds authorized
under the authority of this chapter may, in the discretion of the State Bond
Commission, be validated in the * * * inferior
courts of the Capitol Complex Improvement District in the manner and with
the force and effect provided now or hereafter by Sections 31-13-1 through 31-13-11,
Mississippi Code of 1971, for the validation of county, municipal, school
district, and other bonds. The necessary papers for such validation
proceedings shall be transmitted to the State Bond Attorney by the Attorney
General, and the required notice shall be published in a newspaper published in
the City of Jackson, Mississippi, and in a newspaper of general circulation
published in the city or county where the planned development is located.
SECTION 288. Section 23-15-1037, Mississippi Code of 1972, is brought forward as follows:
23-15-1037. (1) The State of Mississippi is hereby divided into four (4) congressional districts below:
FIRST DISTRICT. — The First Congressional District shall be composed of the following counties and portions of counties:
Alcorn, Benton, Calhoun, Chickasaw, Choctaw, Clay, DeSoto, Itawamba, Lafayette, Lee, Lowndes, Marshall, Monroe, Pontotoc, Prentiss, Tate, Tippah, Tishomingo, Union, Webster; in Oktibbeha County, the precincts of Self Creek/Double Springs, Maben and *Sturgis/North Bradley.
SECOND DISTRICT. — The Second Congressional District shall be composed of the following counties and portions of counties:
Adams, Amite, Attala, Bolivar, Carroll, Claiborne, Coahoma, Copiah, Franklin, Grenada, Holmes, Humphreys, Issaquena, Jefferson, Leake, Leflore, Montgomery, Panola, Quitman, Sharkey, Sunflower, Tallahatchie, Tunica, Warren, Washington, Wilkinson, Yalobusha, Yazoo; in Hinds County Precincts 1, 2, 4, 6, 10, 11, 12, 13, *16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 37, 38, 39, 40, 41, 42, 43, 45, *46, 47, 49, 50, 51, 52, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, and the precincts of Bolton, Brownsville, Byram 1, Byram 2, Byram 3, Cayuga, Chapel Hill, Clinton 1, Clinton 2, Clinton 3, Clinton 4, Clinton 5, Clinton 6, Clinton 7, Cynthia, Dry Grove, Edwards, Learned, Old Byram, Pine Haven, Pocahontas, Raymond 1, Raymond 2, Spring Ridge, St. Thomas, Terry 1, Terry 2, Tinnin, Utica 1 and Utica 2; in Madison County the precincts of Anderson Lodge, Camden, Cameron, Canton Bible Church, Canton Catholic Parish Center, Canton Community Center, Canton Fire Station #4, *Canton National Guard Armory, Canton South Liberty, Canton St. Paul Methodist, Cedar Grove, *Colonial Heights, Couparle, Farmhaven Fire Station, Greater Mt. Levi Church, Madison County Baptist Family Life Center, Magnolia Heights, Mount Hope, Pleasant Gift Church, Pleasant Green, Tougaloo.
THIRD DISTRICT. — The Third Congressional District shall be composed of the following counties and portions of counties:
Clarke, Covington, Jasper, Jefferson Davis, Kemper, Lauderdale, Lawrence, Lincoln, Marion, Neshoba, Newton, Noxubee, Pike, Rankin, Scott, Simpson, Smith, Walthall, Winston; in Hinds County the precincts of 8, 9, 14, *16, 17, 32, 33, 34, 35, 36, 44, *46 and 78; in Jones County the precincts of Matthews, Shady Grove, Sharon, and Sandersville Civic Center; in Madison County the precincts of First Presbyterian, *Canton National Guard Armory, China Grove, *Colonial Heights, Fellowship Baptist Church, Ferns Chapel Freewill, First Baptist, Franklin Bible Church, Gluckstadt, Grace Crossing, Highland Colony Baptist Church, Lake Caroline Clubhouse, Mark Apartments, New Life, NorthBay, Parkway Church, Ridgeland First Methodist Church, Ridgeland Recreational Center, SunnyBrook, Trace Ridge, Twin Lakes Baptist, Vertical Church, Victory Baptist Church and Victory Christian; in Oktibbeha County the precincts of Bell Schoolhouse, Center Grove/North Adaton, Central Starkville, Craig Springs/South Bradley, East Starkville, Hickory Grove/Southeast Oktibbeha, Needmore Voting District, North Longview, North Starkville 2, North Starkville 3, Oktoc, Osborn, Sessums, South Adaton, South Longview, South Starkville, *Sturgis/North Bradley and West Starkville.
FOURTH DISTRICT. — The Fourth Congressional District shall be composed of the following counties and portions of counties:
Forrest, George, Greene, Hancock, Harrison, Jackson, Lamar, Pearl River, Perry, Stone, Wayne; in Jones County the precincts of Antioch, Blackwell, Bruce, Calhoun, Centerville, County Barn, Currie, Erata, G.V. Harrison Multipurpose Building, Gitano, Glade School, Hebron, Johnson, Landrum Community Center, Lt. Ellis Center, Magnolia Center, Mauldin Community Center, Moselle, Myrick, North Laurel, Oak Park School, Ovett, Parkview Baptist Church, Pinegrove, Pleasant Ridge, Powers Community Center, Rainey, Rustin, Sandhill, Shelton, Soso, Tuckers, Union and West Ellisville.
(2) The boundaries of the congressional districts described in subsection (1) of this section shall be the boundaries of the counties along such congressional district boundaries as the boundaries of such counties existed on January 1, 2022, and the precinct boundaries along such congressional district boundaries as such precinct boundaries are contained in Census Bureau's P.L. 94-171 geographic support products provided for use with the September 16th data deliveries officially called the "2020 Census State Redistricting Data (Public Law 94-171) Summary Files."
SECTION 289. Section 71-15-7, Mississippi Code of 1972, is amended as follows:
71-15-7. (1) The state shall retain the exclusive authority to require an employer or multiemployer association to accept or otherwise agree to any provisions of a labor peace agreement or any provisions that are mandatory or nonmandatory subjects of collective bargaining under federal labor laws, including, but not limited to, any limitations on an employer or multiemployer association's rights to engage in collective bargaining with a labor organization, to lock out employees, or to operate during a work stoppage; however, this subsection shall not invalidate or otherwise restrict the state from requiring the use of project labor agreements to the extent permissible under federal labor laws.
(2) This section shall be interpreted and enforced in a manner that is consistent with the National Labor Relations Act, compiled in 29 USCS, Section 151 et seq.
(3) Any agreement, contract, understanding or practice, written or oral, implied or expressed, between any employer and any labor organization containing requirements in violation of this section is declared to be unlawful, null and void, and of no legal effect.
(4) An employer or employee
may seek injunctive relief in the * * * inferior
courts of the Capitol Complex Improvement District for violations of the
provisions of this section.
SECTION 290. Section 19-1-49, Mississippi Code of 1972, is brought forward as follows:
19-1-49. Hinds County is bounded by beginning at a point on Big Black River where the line between ranges two and three, west, intersects said river; thence south on said range line to the lines between townships seven and eight; thence east on said township line to the Choctaw basis meridian; thence south on said meridian line to the line between townships six and seven; thence east on said township line to Pearl River; thence down said river, with its meanderings, to the line between townships two and three; thence west with said township line to the old Choctaw boundary line; thence north on said Choctaw boundary line to Big Black River; thence up said river, with the meanderings thereof, to the beginning. The county sites are Jackson and Raymond.
SECTION 291. Section 29-5-111, Mississippi Code of 1972, is brought forward as follows:
29-5-111. The Public Employees' Retirement System of Mississippi Building, located at 429 Mississippi Street in Jackson, Hinds County, Mississippi, shall be renamed the "Timothy Alan (Tim) Ford Building." The Department of Finance and Administration shall prepare or have prepared a distinctive plaque, to be placed in a prominent place within the building, that states the background, accomplishments and service to the state of the Honorable Timothy Alan (Tim) Ford. The Department of Finance and Administration in conjunction with the Public Employees' Retirement System of Mississippi shall erect or cause to be erected proper lettering or signage on the northern outdoor facade of the building facing Mississippi Street displaying the official name of the building as the "Timothy Alan (Tim) Ford Building." Nothing in this section shall infringe on the authority or responsibilities of the Board of Trustees as it relates to the ownership of the Public Employees' Retirement System of Mississippi Building. The Public Employees' Retirement System of Mississippi Building is an asset of the Public Employees' Retirement System Trust Fund by virtue of the Constitution, Section 272-A, and title thereto shall remain in the name of the system. Accordingly, no funds of the system shall be used in the implementation of this section. Any and all funds necessary to accomplish this section will be appropriated by the Legislature for such purpose.
SECTION 292. Section 83-5-47, Mississippi Code of 1972, is amended as follows:
83-5-47. If the report of
the commissioner does not charge a violation of Sections 83-5-29 through 83-5-51,
then any intervenor in the proceedings may, within ten (10) days after the service
of such report, cause a notice of appeal to be filed in the * * * inferior
courts of the Capitol Complex Improvement District for a review of such
report. Upon such review, the court shall have authority to issue appropriate orders
and decrees in connection therewith, including, if the court finds that it is
to the interest of the public, orders enjoining and restraining the continuance
of any method of competition, act, or practice which it finds, notwithstanding
such report of the commissioner, constitutes a violation of the cited sections.
SECTION 293. Section 37-115-48, Mississippi Code of 1972, is amended as follows:
37-115-48. (1) The University of Mississippi Medical Center is authorized, in its discretion, to rearrange or disinter, remove or reinter, where applicable, human remains reposing in the potter's field located on the University of Mississippi Medical Center's property to a different location on the medical center's property when the disinterment, removal or reinterment, where applicable, is necessary for proper and efficient maintenance and management.
(2) Markers, headstones, or other identification shall accompany the remains whenever identification exists, and a record of the removal and reinterment, where applicable, shall be maintained in the files of the Chancery Clerk of Hinds County, Mississippi or the inferior courts of the Capitol Complex Improvement District.
(3) Before taking any action authorized under this section, the University of Mississippi Medical Center shall first advertise its intent to rearrange, disinter, remove or reinter, where applicable, remains from the property by publishing notice in a newspaper of the county once a week for three (3) consecutive weeks.
(4) The University of Mississippi Medical Center and its officers and employees shall be immune from any action or suit arising from the maintenance or attempted maintenance of the potter's field and the rearrangement, removal or reinterment, where applicable, of remains, when performed in good faith under authority of this section.
SECTION 294. Section 37-115-105, Mississippi Code of 1972, is brought forward as follows:
37-115-105. The school of dentistry created and authorized by Sections 37-115-101 through 37-115-111 shall be in operation within three (3) years from the date the legislature makes funds available for the construction of a building to house said school; provided, however, that no staff may be employed and no construction may begin until one million two hundred fifty thousand dollars ($1,250,000.00) from the City of Jackson and one million two hundred fifty thousand dollars ($1,250,000.00) from Hinds County has been deposited in the state treasury for use by the building commission in construction and furnishing of the dental school. The board of trustees of state institutions of higher learning is authorized and directed to take any and all necessary and proper actions for the implementation of this section.
SECTION 295. Section 45-1-19, Mississippi Code of 1972, is brought forward as follows:
45-1-19. (1) The Department of Public Safety, through the Office of Capitol Police, shall have jurisdiction relative to the enforcement of all laws of the State of Mississippi on the properties, from curb to curb, including adjoining streets, sidewalks and leased parking lots within the Capitol Complex, set forth in Section 29-5-2, the Court of Appeals Building, the Mississippi Department of Transportation Building and the Public Employees' Retirement System Building, and any property purchased, constructed or otherwise acquired by the State of Mississippi for conducting state business and not specifically under the supervision and care by any other state entity, but which is reasonably assumed the Department of Public Safety would be responsible for such. The Department of Public Safety shall, through any person or persons appointed by the commissioner, make arrests for any violation of any law of the State of Mississippi on the grounds of or within those properties. The Department of Public Safety shall, in addition, enforce the provisions of this section and Sections 29-5-57 through 29-5-67, 29-5-73 through 29-5-75, and 29-5-81 through 29-5-95, and prescribe such rules and regulations as are necessary therefor. The powers and duties related to the administration of Sections 29-5-57 through 29-5-67, 29-5-73 through 29-5-75, and 29-5-81 through 29-5-95 shall remain with the Department of Finance and Administration.
(2) Subject to the approval of the Board of Trustees of State Institutions of Higher Learning, the Board of Trustees and the Department of Public Safety shall be authorized to enter into a contract for the Department of Public Safety to supply the security personnel with jurisdiction to enforce all laws of the State of Mississippi on the property of the Board of Trustees located at the corner of Ridgewood Road and Lakeland Drive in the City of Jackson.
(3) The Department of Public Safety and the Department of Agriculture are authorized to enter into a contract for the Department of Public Safety to have jurisdiction and enforce all laws of the State of Mississippi on the property of the Department of Agriculture located at 121 North Jefferson Street and the new Farmers Market Building located at the corner of High and Jefferson Streets in the City of Jackson, Hinds County, Mississippi. It is the intent of the Legislature that the Department of Public Safety will not post any security personnel at such buildings, but will provide regular vehicle patrols and responses to security system alarms.
(4) The Department of Public Safety and the Mississippi Fair Commission are authorized to enter into a contract for the Department of Public Safety to have jurisdiction and enforce all laws of the State of Mississippi on the property of the Mississippi Fair Commission known as the "Mississippi State Fairgrounds Complex" and any and all of its outlying buildings and property. The Department of Public Safety and the Mississippi Fair Commission are authorized to enter into a contract for the Department of Public Safety to supply the security personnel to the Mississippi Fair Commission with jurisdiction to enforce all laws of the State of Mississippi on this property and any and all buildings on this property.
(5) The Department of Public Safety and the Department of Revenue are authorized to enter into a contract for the Department of Public Safety to supply the security personnel with jurisdiction to enforce all laws of the State of Mississippi at the Alcoholic Beverage Control facility and the Department of Revenue main office.
(6) The Department of Public Safety shall have jurisdiction relative to the enforcement of all laws of the State of Mississippi within the boundaries of the Capitol Complex Improvement District created in Section 29-5-203. The Department of Public Safety shall, through any person or persons appointed by the Department of Public Safety, make arrests for any violation of any law of the State of Mississippi which occurs within the boundaries of the district. The jurisdiction of the Department of Public Safety under this subsection (6) shall be concurrent with the jurisdiction of the City of Jackson, Mississippi, and that of Hinds County, Mississippi. At any time and/or during any event necessitating the coordination of and/or utilization at multiple jurisdictions, the Department of Public Safety shall be the lead agency when the event occurs on property as defined herein. The jurisdiction and authority of the Department of Public Safety under this subsection (6) shall be in addition to any other jurisdiction and authority provided to the department under this section or any other law.
(7) The Department of Public Safety is authorized to enter into a contract with any county for the county to take custody of the misdemeanor offenders arrested under the authority granted under this section.
(8) All accrued personal leave earned pursuant to Section 25-3-93, accrued major medical leave earned pursuant to Section 25-3-95, accrued state compensatory leave earned pursuant to Section 25-3-92, and compensatory leave earned pursuant to the Fair Labor Standards Act (FLSA) shall transfer from the Department of Finance and Administration to the Department of Public Safety for all employees transferred under this section.
SECTION 296. Section 55-23-15, Mississippi Code of 1972, is brought forward as follows:
55-23-15. The Mississippi Veterans Memorial Stadium Commission is hereby authorized to utilize certain state-owned land in Hinds County bounded on the east by North State Street, on the north by Taylor Street, on the west by North West Street, and on the south by a street or driveway known as Stadium Drive as a public parking facility establishing reasonable rules and regulations connected with the operation of such a facility, including fees for the privilege of parking. The parking facilities shall not be extended any farther to the east than as the facilities existed on January 1, 1996. Further, the portion of the property described in this section, except the property west of the stadium between the stadium and North West Street, that was undeveloped as of January 1, 1996, shall remain undeveloped unless the Legislature enacts legislation approving the development of such property. The portion of the property described in this section that is west of the stadium between the stadium and North West Street may be developed to provide parking facilities for the Mississippi Department of Transportation offices located on North West Street. The Mississippi Veterans Memorial Stadium Commission may take any action authorized in Section 55-23-8 relating to the property described in such section.
The Mississippi Veterans Memorial Stadium Commission is authorized to lease such property to the Mississippi Transportation Commission for parking facilities for Department of Transportation offices, notwithstanding the time limitation on leases or other agreements provided in Section 55-23-8(9).
SECTION 297. Section 29-5-213, Mississippi Code of 1972, is brought forward as follows:
29-5-213. (1) There is created the Capitol Complex Improvement District Project Advisory Committee composed of the following nine (9) members:
(a) The Mayor of the City of Jackson or his or her designee;
(b) One (1) member appointed by the City Council of the City of Jackson with an initial term of one (1) year and subsequent regular terms of four (4) years;
(c) Two (2) members appointed by the Governor, one (1) for an initial term of two (2) years and one (1) for an initial term of four (4) years, both with subsequent regular terms of four (4) years;
(d) One (1) member appointed by the Lieutenant Governor for an initial term of four (4) years and subsequent regular terms of four (4) years;
(e) One (1) member appointed by the Speaker of the House of Representatives for an initial term of two (2) years and subsequent regular terms of four (4) years;
(f) One (1) member appointed by the President of Jackson State University;
(g) One (1) member appointed by the Vice Chancellor for Health Affairs of University of Mississippi Medical Center; and
(h) The Director of the City of Jackson Department of Public Works or his or her designee.
The member appointed under paragraph (b) of this subsection (1) shall be a resident of the City of Jackson in Hinds County.
(2) Members appointed to the committee shall not also serve as members of the commission established by the City of Jackson pursuant to Section 27-65-241. Appointed members shall serve without compensation at the will and pleasure of the appointing authority.
(3) The committee shall elect a chairman and such other officers as it considers necessary from among its members.
(4) A majority of the members of the committee shall constitute a quorum for the conduct of meetings and all actions of the committee shall be by a majority vote.
(5) The committee shall consult with the Department of Finance and Administration and advise the department in the development of comprehensive plans for improvement projects in the city and any changes to such plans.
(6) The committee shall meet, subject to call by the Executive Director of the Department of Finance and Administration, at least quarterly to conduct business.
SECTION 298. Section 83-5-39, Mississippi Code of 1972, is amended as follows:
83-5-39. (1) Whenever the commissioner shall have reason to believe that any such person has been engaged or is engaging in this state in any unfair method of competition or any unfair or deceptive act or practice defined in Section 83-5-35, and that a proceeding by him in respect thereto would be to the interest of the public, he shall issue and serve upon such person a statement of the charges in that respect and a notice of the hearing thereon to be held at the time and place fixed in the notice, which shall not be less than ten (10) days after the date of the service thereof.
(2) At the time and place fixed for such hearing, such person shall have an opportunity to be heard and to show cause why an order should not be made by the commissioner requiring such person to cease and desist from the acts, methods, or practices so complained of. Upon good cause shown, the commissioner shall permit any person to intervene, appear, and be heard at such hearing by counsel or in person.
(3) Nothing contained in Sections 83-5-29 through 83-5-51 shall require the observance at any such hearing of formal rules of pleadings or evidence.
(4) The commissioner, upon
such hearing, may administer oaths, examine and cross-examine witnesses,
receive oral and documentary evidence, and shall have the power to subpoena
witnesses, compel their attendance, and require the production of books,
papers, records, correspondence, or other documents which he deems relevant to
the inquiry. The commissioner, upon such hearing, may, and upon the request of
any party shall, cause to be made a stenographic record of all the evidence and
all the proceedings had at such hearing. If no stenographic record is made and
if a judicial review is sought, the commissioner shall prepare a statement of
the evidence and proceeding for use on review. In case of a refusal of any
person to comply with any subpoena issued hereunder or to testify with respect
to any matter concerning which he may be lawfully interrogated, the * * * inferior
courts of the Capitol Complex Improvement District on application of the commissioner,
may issue an order requiring such person to comply with such subpoena and to testify;
and any failure to obey any such order of the court may be punished by the court
as a contempt thereof.
(5) Statements of charges, notices, orders, and other processes of the commissioner under the cited sections may be served by anyone duly authorized by the commissioner, either in the manner provided by law for service of process in civil actions or by registering and mailing a copy thereof to the person affected by such statement, notice, order, or other process at his or its residence or principal office or place of business. The verified return by the person so serving such statement, notice, order, or other process, setting forth the manner of such service, shall be proof of the same; and the return postcard receipt for such statement, notice, order, or other process, registered and mailed as aforesaid, shall be proof of the service of the same.
SECTION 299. Section 79-11-345, Mississippi Code of 1972, is brought forward as follows:
79-11-345. (1) A dissolved corporation may also publish notice of its dissolution and request that persons with claims against the corporation present them in accordance with the notice.
(2) The notice must:
(a) Be published one (1) time in a newspaper of general circulation in the county where the dissolved corporation's principal office is or was located, or in Hinds County if the corporation does not have a principal office in this state;
(b) Describe the information that must be included in a claim and provide a mailing address where the claim may be sent; and
(c) State that a claim against the corporation will be barred unless a proceeding to enforce the claim is commenced within two (2) years after publication of this notice.
(3) If the dissolved corporation publishes a newspaper notice in accordance with subsection (2) of this section, the claim of each of the following claimants is barred unless the claimant commences a proceeding to enforce the claim against the dissolved corporation within two (2) years after the publication date of the newspaper notice:
(a) A claimant who did not receive written notice under Section 79-11-343;
(b) A claimant whose claim was timely sent to the dissolved corporation but not acted on; and
(c) A claimant whose claim is contingent or based on an event occurring after the effective date of dissolution.
(4) A claim may be enforced under this section:
(a) Against the dissolved corporation, to the extent of its undistributed assets; or
(b) If the assets have been distributed in liquidation, against any person, other than a creditor of the corporation, to whom the corporation distributed its property to the extent of the distributee's pro rata share of the claim or the corporate assets distributed to such person in liquidation, whichever is less, but the distributee's total liability for all claims under this section may not exceed the total amount of assets distributed to the distributee.
SECTION 300. Section 37-115-27, Mississippi Code of 1972, is brought forward as follows:
37-115-27. The medical school and teaching hospital shall be built and equipped together, in connection with each other, or as nearly together or connected as may promote the most efficient operation of both of them in proper coordination one with the other. The medical school and teaching hospital shall be located and built upon part of the lands owned by the State of Mississippi in or near the City of Jackson, Hinds County, Mississippi, and commonly known as the old asylum lands, to be selected by the State Building Commission. The medical school and teaching hospital may have other locations as determined to be reasonable and necessary by the University of Mississippi Medical Center.
All University of Mississippi Medical Center locations shall provide in the aggregate not less than fifty percent (50%) of their services to indigent persons including qualified beneficiaries of the State Medicaid Program.
SECTION 301. Section 55-23-39, Mississippi Code of 1972, is brought forward as follows:
55-23-39. Such general obligation bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by Sections 55-23-21 through 55-23-43. Any resolution providing for the issuance of general obligation bonds under the provisions of Sections 55-23-21 through 55-23-43 shall become effective immediately upon its adoption by the State Bond Commission, and any such resolution may be adopted at any regular, special or adjourned meeting of the State Bond Commission by a majority of its members.
The bonds authorized under the authority of Sections 55-23-21 through 55-23-43 may be validated in the Chancery Court of Hinds County, Mississippi, in the manner and with the force and effect provided now or hereafter by Chapter 13, Title 31, Mississippi Code of 1972, for the validation of county, municipal, school district and other bonds. The necessary papers for such validation proceedings shall be transmitted to the State Bond Commission, and the required notice shall be published in a newspaper published in the City of Jackson, Mississippi.
SECTION 302. Section 49-5-94, Mississippi Code of 1972, is brought forward as follows:
49-5-94. Such general obligation bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by Sections 49-5-86 through 49-5-98. Any resolution providing for the issuance of general obligation bonds under the provisions of Sections 49-5-86 through 49-5-98 shall become effective immediately upon its adoption by the State Bond Commission, and any such resolution may be adopted at any regular, special or adjourned meeting of the State Bond Commission by a majority of its members.
The bonds authorized under the authority of Sections 49-5-86 through 49-5-98 shall be validated in the chancery court of Hinds County, Mississippi, in the manner and with the force and effect provided now or hereafter by Chapter 13, Title 31, Mississippi Code of 1972, for the validation of county, municipal, school district, and other bonds. The necessary papers for such validation proceedings shall be transmitted to the state bond attorney by the Secretary of the State Bond Commission, and the required notice shall be published in a newspaper published in the City of Jackson, Mississippi.
SECTION 303. Section 83-53-33, Mississippi Code of 1972, is amended as follows:
83-53-33. Any person affected by a cease and desist order issued under Section 83-53-31 may, within thirty (30) days after being served with such cease and desist order, petition the commissioner for a hearing to consider the alleged violation of this chapter or any rule or regulation issued pursuant thereto. The commissioner shall set the time and place of such hearing, which shall not be less than ten (10) days nor more than thirty (30) days after the date the petition is received by the commissioner.
At the time and place fixed for such hearing, such person shall have an opportunity to be heard and to show cause why the order of the commissioner requiring such person to cease and desist from the violation or violations complained of should not be made final.
Upon good cause shown, the commissioner shall permit any person to intervene, appear and be heard at such hearing by counsel or in person.
Nothing contained herein shall require the observance at any such hearing of formal rules of pleadings or evidence.
The commissioner, upon such
hearing, may administer oaths, examine and cross-examine witnesses, receive oral
and documentary evidence, and shall have the power to subpoena witnesses,
compel their attendance and require the production of books, papers, records,
correspondence or other documents which he deems relevant to the inquiry. The
commissioner, upon such hearing, may, and upon the request of any party shall,
cause to be made a stenographic record of all the evidence and all the
proceeding had at such hearing. If no stenographic record is made and if a
judicial review is sought, the commissioner shall prepare a statement of the evidence
and proceeding for use on review. In case of a refusal of any person to comply
with any subpoena issued hereunder or to testify with respect to any matter
concerning which he may be lawfully interrogated, the * * * inferior
courts of the Capitol Complex Improvement District on application of the
commissioner, may issue an order requiring such person to comply with such subpoena
and to testify; and any failure to obey any such order of the court may be
punished by the court as a contempt thereof.
The commissioner by regulation shall provide for the assessment of, costs for stenographic records, process and other related expenses pertaining to proceedings pursuant to this section, and may require a deposit or other security therefor.
Statements of charges, notices, orders and other processes of the commissioner may be served by anyone duly authorized by the commissioner, either in the manner provided by law for service of process in civil actions or by registering and mailing a copy thereof to the person affected by such statement, notice, order or other process at his or its residence or principal office or place of business. The verified return by the person so serving such statement, notice, order or other process, setting forth the manner of such service, shall be proof of the same; and the return postcard receipt for such statement, notice, order or other process, registered and mailed as aforesaid, shall be proof of the service of the same.
SECTION 304. Section 73-29-39, Mississippi Code of 1972, is brought forward as follows:
73-29-39. Any person dissatisfied with the action of the board in refusing his application or suspending or revoking his license, or any other action of the board, may appeal the action of the board by filing a petition within thirty (30) days thereafter in the circuit court in the county where the person resides or in the Circuit Court of Hinds County, Mississippi, and the court is vested with jurisdiction and it shall be the duty of the court to set the matter for hearing upon ten (10) days' written notice to the board and the attorney representing the board. The court in which the petition of appeal is filed shall determine whether or not a cancellation or suspension of a license shall be abated until the hearing shall have been consummated with final judgment thereon or whether any other action of the board should be suspended pending hearing, and enter its order accordingly, which shall be operative when served upon the board, and the court shall provide the attorney representing the board with a copy of the petition and order. Except as otherwise authorized in Section 7-5-39, the board shall be represented in such appeals by the district or county attorney of the county or the Attorney General, or any of their assistants. The board shall initially determine all facts, but the court upon appeal shall set aside the determination of the board if the board's determination (1) is not based upon substantial evidence upon the entire record; (2) is arbitrary or capricious; (3) is in violation of statutory requirements; or (4) was made without affording to licensee or applicant due process of law.
Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.
SECTION 305. Section 73-4-33, Mississippi Code of 1972, is amended as follows:
73-4-33. (1) If any licensee fails, or is alleged to have failed, to meet the obligations under this chapter and the rules and regulations promulgated hereunder, the commission shall hold a hearing and determine whether there has been such a failure, determine those persons who are proven claimants under the bond and, if appropriate, distribute the bond proceeds to the proven claimants.
(2) Actions upon the bond
and the right to payment under the bond shall extend solely to the commission,
except that if the commission has not initiated action under the bond by
scheduling and holding a hearing, by litigation or otherwise, within thirty
(30) days of a written request to do so, any claimant may initiate an action in
the * * * inferior courts of the Capitol Complex
Improvement District to require the commission to take action.
(3) If, after a hearing, the commission determines that proven claims exceed the amount of the bond proceeds, the proceeds shall be prorated among proven claimants in the ratio that the amount of their proven claim bears to the total amount of all proven claims.
(4) The determination of the commission as to the fact and the amount of liability under the bond and the amount distributed to the claimants under the bond shall be binding upon the principal and surety of the bond.
(5) All hearings held under this section shall be held in accordance with the laws of this state.
(6) The existence of the bond and the bond recovery procedure shall in no way affect or alter any other right or remedy which a person may have under applicable law.
SECTION 306. Section 69-5-25, Mississippi Code of 1972, is amended as follows:
69-5-25. Revenue bonds may
be issued without any other proceedings or the happening of any other conditions
or things than those proceedings, conditions, and things which are specified or
required by Sections 69-5-13 through 69-5-25. The bonds authorized under the
authority of said sections shall be validated in the * * * inferior
courts of the Capitol Complex Improvement District in the manner and with
the force and effect provided now or hereafter by Sections 31-13-1 through 31-13-11,
Mississippi Code of 1972, for the validation of county, municipal, school district,
and other bonds. The necessary papers for such validation proceedings shall be
transmitted to the State Bond Attorney by the Secretary of the State Bond
Commission, and the required notice shall be published in a newspaper in the
City of Jackson, having a general circulation within the State of Mississippi.
Any resolution providing for the issuance of revenue bonds under the provisions
of Sections 69-5-13 through 69-5-25 shall become effective immediately upon its
adoption by the State Building Commission and need not be published or posted,
and any such resolution may be adopted at any regular, special, or adjourned
meeting of the State Building Commission by a majority of its members.
SECTION 307. Section 83-53-15, Mississippi Code of 1972, is amended as follows:
83-53-15. All policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements and riders delivered or issued for delivery in this state, and the schedules of premium rates pertaining thereto, shall be filed with the commissioner for his approval prior to use.
If after filing, the commissioner notifies the insurer that the form is disapproved, it is unlawful for the insurer to issue or use the form. In the notice the commissioner shall specify the reason for his disapproval and state that a hearing will be granted within thirty (30) days after receipt of request in writing by the insurer. No such policy, certificate of insurance, notice of proposed insurance, nor any application, endorsement or rider shall be issued or used unless and until the commissioner shall give his prior written approval thereto.
Any insurer or other party
affected by any order or final determination of the commissioner under the provisions
of this section may obtain judicial review thereof by filing in the * * * inferior
courts of the Capitol Complex Improvement District within thirty (30) days
from the date thereof a written petition or complaint praying that said order
or final determination be modified or reversed. A copy of such petition or complaint
shall be forthwith served upon the commissioner, and the commissioner shall
file a transcript of the entire record of the proceedings with said court, which
shall then have jurisdiction of the proceedings and questions determined therein.
Said court shall have the power to make or enter a judgment modifying, affirming
or reversing the order or final determination of the commissioner in whole or
in part.
A premium rate or schedule of premium rates shall be deemed reasonable for all purposes under this chapter and shall be deemed approved by the commissioner upon filing with the commissioner as required by this section if the premium rate or schedule of premium rates meets the requirements for being considered reasonable under Section 83-53-23. However, a different premium rate or schedule of premium rates shall be deemed reasonable upon the filing thereof with the commissioner as required by this section if it produces, or reasonably may be expected to result in claims incurred in excess of fifty percent (50%) of earned premiums.
SECTION 308. Section 11-11-15, Mississippi Code of 1972, is amended as follows:
11-11-15. The venue of
actions against the Mississippi State Board of Health wherein said board is a
defendant, or the State Board of Medical Licensure wherein said board is a
defendant, shall be in * * * inferior courts of the Capitol Complex Improvement
District.
SECTION 309. Section 73-3-2, Mississippi Code of 1972, is amended as follows:
73-3-2. (1) Power to admit persons to practice. The power to admit persons to practice as attorneys in the courts of this state is vested exclusively in the Supreme Court of Mississippi.
(2) Qualifications. (a) Each applicant for admission to the bar, in order to be eligible for examination for admission, shall be at least twenty-one (21) years of age, of good moral character, and shall present to the Board of Bar Admissions satisfactory evidence:
(i) That he has successfully completed, or is within sixty (60) days of completion of, a general course of study of law in a law school which is provisionally or fully approved by the section on legal education and admission to the bar of the American Bar Association, and that such applicant has received, or will receive within sixty (60) days, a diploma or certificate from such school evidencing the satisfactory completion of such course, but in no event shall any applicant under this paragraph be admitted to the bar until such applicant actually receives such diploma or certificate. However, an applicant who, as of November 1, 1981, was previously enrolled in a law school in active existence in Mississippi for more than ten (10) years prior to the date of application shall be eligible for examination for admission; provided that such an applicant graduated prior to November 1, 1984;
(ii) That he has notified the Board of Bar Admissions in writing of an intention to pursue a general course of study of law under the supervision of a Mississippi lawyer prior to July 1, 1979, and in fact began study prior to July 1, 1979, and who completed the required course of study prior to November 1, 1984, in accordance with Sections 73-3-13(b) and 73-3-15 as the same exist prior to November 1, 1979; or
(iii) That in addition to complying with either of the above requirements, he has received a bachelor's degree from an accredited college or university or that he has received credit for the requirements of the first three (3) years of college work from a college or university offering an integrated six-year prelaw and law course, and has completed his law course at a college or university offering such an integrated six-year course. However, applicants who have already begun the general course of study of law as of November 1, 1979, either in a law school or under the supervision of a Mississippi lawyer shall submit proof they have successfully completed two (2) full years of college work.
(b) The applicant shall bear the burden of establishing his or her qualifications for admission to the satisfaction of the Board of Bar Admissions. An applicant denied admission for failure to satisfy qualifications for admission shall have the right to appeal from the final order of the board to the Chancery Court of Hinds County, Mississippi, within thirty (30) days of entry of such order of denial.
(3) Creation of Board of Bar Admissions. There is hereby created a board to be known as the "Board of Bar Admissions" which shall be appointed by the Supreme Court of Mississippi. The board shall consist of nine (9) members, who shall be members in good standing of the Mississippi State Bar and shall serve for terms of three (3) years. Three (3) members shall be appointed from each Supreme Court district, one (1) by each Supreme Court Justice from his district, with the original appointments to be as follows: Three (3) to be appointed for a term of one (1) year, three (3) to be appointed for a term of two (2) years, and three (3) to be appointed for a term of three (3) years, one (1) from each district to be appointed each year. No member of the Board of Bar Admissions may be a member of the Legislature. Vacancies during a term shall be filled by the appointing justice or his successor for the remainder of the unexpired term.
The board shall promulgate the necessary rules for the administration of their duties, subject to the approval of the Chief Justice of the Supreme Court.
(4) Written examination as prerequisite to admission. Every person desiring admission to the bar, shall be required to take and pass a written bar examination in a manner satisfactory to the Board of Bar Admissions. The Board of Bar Admissions shall conduct not less than two (2) bar examinations each year.
(5) Oath and compensation of board members. The members of the Board of Bar Admissions shall take and subscribe an oath to be administered by one (1) of the judges of the Supreme Court to faithfully and impartially discharge the duties of the office. The members shall receive compensation as established by the Supreme Court for preparing, giving and grading the examination plus all reasonable and necessary travel expenses incurred in the performance of their duties under the provisions of this section.
(6) Procedure for
applicants who have failed. Any applicant who fails the examination shall
be allowed to take the next scheduled examination. A failing applicant may
request in writing from the board, within thirty (30) days after the results of
the examination have been made public, copies of his answers and model answers
used in grading the examination, at his expense. If a uniform, standardized
examination is administered, the board shall only be required to provide the
examination grade and such other information concerning the applicant's
examination results which are available to the board. Any failing applicant
shall have a right to a review of his failure by the board. The board shall
enter an order on its minutes, prior to the administration of the next bar examination,
either granting or denying the applicant's review, and shall notify the
applicant of such order. The applicant shall have the right to appeal from
this order to the * * * inferior courts of
the Capitol Complex Improvement District within thirty (30) days of entry of
such order.
(7) Fees. The board shall set and collect the fees for examination and for admission to the bar. The fees for examination shall be based upon the annual cost of administering the examinations. The fees for admission shall be based upon the cost of conducting an investigation of the applicant and the administrative costs of sustaining the board, which shall include, but shall not be limited to:
(a) Expenses and travel for board members;
(b) Office facilities, supplies and equipment; and
(c) Clerical assistance.
All fees collected by the board shall be paid to the State Treasurer, who shall issue receipts therefor and who shall deposit such funds in the State Treasury in a special fund to the credit of said board. All such funds shall be expended only in accordance with the provisions of Chapter 496, Laws of 1962, as amended, being Section 27-103-1 et seq., Mississippi Code of 1972.
(8) The board, upon finding
the applicant qualified for admission, shall issue to the applicant a
certificate of admission. The applicant shall file the certificate and a petition
for admission in the * * * inferior courts of
the Capitol Complex Improvement District or in the chancery court in the
county of his residence, or, in the case of an applicant who is a nonresident
of the State of Mississippi, in the chancery court of a county in which the
applicant intends to practice. The chancery court shall, in termtime or in
vacation, enter on the minutes of that court an order granting to the applicant
license to practice in all courts in this state, upon taking by the applicant in
the presence of the court, the oath prescribed by law, Section 73-3-35,
Mississippi Code of 1972.
(9) Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.
SECTION 310. Section 65-3-3, Mississippi Code of 1972, is brought forward as follows:
65-3-3. The following highways are designated as state highways and shall be under the jurisdiction of the Mississippi Transportation Commission for construction and maintenance, and such highways, along with all other laws adding links to the designated state highway system, are declared to be the state highway system of Mississippi:
Mississippi 1 -- Begins at Onward, Sharkey County, thence in a westerly direction to Filer, thence in a northerly direction to Mayersville, thence continues from Mississippi 14 approximately midway between Mayersville and Rolling Fork to or near Greenville, Rosedale, Sherard and ends at U.S. 49 east of Mississippi River Bridge at Helena, Coahoma County.
Mississippi 2 -- Begins at or near Hickory Flat, Benton County, and extends in a northeasterly direction to or near Blue Mountain, thence continues from or near Ripley to or near Kossuth to U.S. 72 west of Corinth, thence from U.S. 45 north of Corinth, Alcorn County, northeasterly to the Mississippi-Tennessee state line.
Mississippi 3 -- Begins at a point on U.S. 61 at or near Redwood, Warren County, and extends in a northeasterly direction to or near Satartia and Yazoo City, thence follows U.S. 49W to or near Inverness, thence in a northeasterly direction to Moorhead, thence north to Sunflower, thence continues along U.S. 49W to Tutwiler, thence in a northeasterly direction to Lambert, Marks, Sledge, Crenshaw, Sarah and Savage to intersect U.S. 61 at or near Lake Cormorant, DeSoto County.
Mississippi 4 -- Begins at or near Fox Island and extends east to or near Tunica, Coahoma County, thence continues from U.S. 61 south of Tunica to or near Savage, Strayhorn, Senatobia, Holly Springs, and Ashland, thence continues from Mississippi 5 approximately six and one-half miles south of Ashland to or near Ripley, Booneville, Bentonite Mill, Livingstons Store, New Site, and Bay Springs to Mississippi 25 at or near Dennis.
Mississippi 5 -- Begins on Mississippi 178 near Hickory Flat, Benton County, and extends north to Elvis Chapel Church on U.S. 72, and thence west on U.S. 72 to Harris Chapel Church and thence northwest to Mississippi 7, Benton County.
Mississippi 6 -- Begins on Mississippi 161 in Clarksdale, thence easterly to Marks, Batesville, Oxford, Pontotoc, Tupelo, thence southerly to Nettleton and ends at its intersection with Mississippi 25 north of Amory.
Mississippi 7 -- Begins at or near Belzoni, Humphreys County, and extends in a northeasterly direction to or near Swiftown to U.S. 82 north of Itta Bena, thence continues from or near Greenwood to or near Holcomb, Grenada, Coffeeville, Water Valley, Oxford and Holly Springs to the Mississippi-Tennessee state line northeast of Michigan City, Benton County.
Mississippi 8 -- Begins on Mississippi 1 at or near Rosedale, Bolivar County, and extends in an easterly direction to or near Cleveland, Ruleville, Minter City, Philipp and Holcomb, thence continues from or near Grenada to or near Calhoun City, Houston and Aberdeen and ends on U.S. 278 at or near Greenwood Springs, Monroe County.
Mississippi 9 -- Begins at or near Ackerman, Choctaw County, and extends in a northerly direction to or near Eupora, Bellefontaine and Slate Springs to Mississippi 8 south of Calhoun City, thence continues from or near Calhoun City to or near Bruce, Sarepta, Pontotoc and Sherman, thence continuing from U.S. 78 northwest of Sherman to, at or near Blue Springs and ending at Mississippi 30 at or near Graham, Union County.
Mississippi 9W -- Begins on Mississippi 9 north of Bruce, Calhoun County, and extends northerly to or near Banner and Paris to Mississippi 7 at Airport Road south of Markette, Lafayette County.
I-10 -- From the Mississippi-Louisiana state line east of Slidell, Louisiana, to the Mississippi-Alabama state line southwest of Mobile, Alabama.
U.S. 11 -- Begins on I-59 at or near Nicholson, south of Picayune, Pearl River County, and extends in a northeasterly direction to or near Picayune, Poplarville, Hattiesburg, Laurel, Enterprise and Meridian, and thence easterly to the Mississippi-Alabama state line, Lauderdale County.
Mississippi 12 -- Begins on Mississippi 1 at or near James, Washington County, thence continuing through LeRoy Percy State Park and extends in an easterly direction to or near Hollandale, Belzoni, Tchula, Lexington, Durant, Kosciusko and Ackerman to a point on U.S. 82 north of Mississippi State University, thence continues from or near Columbus and extends in a northeasterly direction to the Mississippi-Alabama state line, Lowndes County.
Mississippi 13 -- Begins at a point on U.S. 49 at or near Maxie, Forrest County, and extends in a northwesterly direction to or near Lumberton and Columbia, thence continues in a northerly direction to or near Prentiss, Mendenhall, Puckett, Daniel, Polkville, Morton and Lena and ends at a point on Mississippi 16 west of Carthage at or near Pine Tree, Leake County.
Mississippi 14 -- Begins at or near Mayersville, Issaquena County, and extends in an easterly direction to or near Rolling Fork, thence continues from U.S. 61 at or near Anguilla to U.S. 49W at or near Louise, thence continues from, at or near Ebenezer to or near Goodman, Newport and Zemuly to south of Kosciusko to or near Louisville and Macon ending at the Mississippi-Alabama state line east of Macon, Noxubee County.
Mississippi 15 -- Begins at the intersection of I-10 and I-110, Harrison County, and extends in a northerly direction to or near Beaumont, Laurel, Bay Springs, Newton, Philadelphia, Louisville, Ackerman, Mathiston, Houston, Pontotoc, New Albany, Ripley, Walnut and ends at the Mississippi-Tennessee state line, Tippah County.
Mississippi 16 -- Begins on Mississippi 1 at or near the Issaquena-Washington county line, thence in a southeasterly direction to Rolling Fork and extends in a southeasterly direction near Little Sunflower River, thence continues from or near Holly Bluff in a northeasterly direction to U.S. 49W at or near Craig, thence continues from or near Yazoo City to or near Benton to U.S. 51 at or near Canton, thence continues to or near Carthage, Philadelphia, Dekalb and Scooba to the Mississippi-Alabama state line east of Scooba, Kemper County.
Mississippi 17 -- Begins in Scott County on designated Mississippi 25, thence northerly to Mississippi 16 near Farmhaven, thence to or near Pickens, Lexington, Carrollton and ends approximately three and one-tenth miles northeast of North Carrollton, Carroll County.
Mississippi 18 -- Begins at or near Grand Gulf, Claiborne County, then to or near Port Gibson and extends in a northeasterly direction to or near Hermanville, Utica and Raymond to an intersection with U.S. 80 at or near Jackson, thence from Brandon continues in a southeasterly direction to or near Raleigh and Bay Springs, thence continues in a northeasterly direction to or near Rose Hill, thence southeast to or near Pachuta, thence east to or near Quitman and ends at the Mississippi-Alabama state line east of Quitman, Clarke County.
Mississippi 19 -- Begins on U.S. 51 at or near West, Holmes County, and extends in a southeasterly direction to or near Kosciusko, Zama, Arlington High School, Yates Crossing, Philadelphia and Meridian, and ends at the Mississippi-Alabama state line southeast of Meridian, Lauderdale County.
I-20 -- From the Mississippi-Louisiana state line at Vicksburg to a point on I-55 in Jackson and from another point on I-55 southeast of Jackson to a point on I-59 west of Meridian.
Mississippi 21 -- Begins at a point on Mississippi 35 at or near Forest, Scott County, and runs in a northeasterly direction to or near Sebastopol, Dixon, Neshoba County Fairgrounds, Philadelphia, Bond High School, Preston, Gholson, thence in a northeasterly direction to intersect Mississippi 39 at or near Shuqualak, Noxubee County.
Mississippi 22 -- Begins at or near Edwards, Hinds County, thence in a northeasterly direction to or near Flora, thence to a point on U.S. 51 at or near Canton, Madison County.
Mississippi 23 -- Begins on Mississippi 25 at or near Smithville in Monroe County, thence northerly to Tremont, thence to the Mississippi-Alabama state line, Itawamba County, southeast of Golden, Mississippi.
Mississippi 24 -- Begins at or near Fort Adams, Wilkinson County, and extends in an easterly direction to or near Woodville, Centreville, Gloster, Liberty and McComb, Pike County.
Mississippi 25 -- Begins at or near Jackson, Hinds County, thence in a northeasterly direction to or near Carthage, Louisville and Starkville, thence along U.S. 82 to its intersection with U.S. 45A, thence along U.S. 45A to Muldon, thence to or near Aberdeen, Amory, Smithville, to U.S. 78, thence continuing to Belmont, Dennis, Tishomingo, Iuka and to the Mississippi-Tennessee state line north of Cross Roads, Tishomingo County.
Mississippi 26 -- Begins at the Mississippi-Louisiana state line east of Bogalusa, Pearl River County, and extends in an easterly direction to or near Poplarville and Wiggins and ends at or near Lucedale, George County.
Mississippi 27 -- Begins on the Mississippi-Louisiana state line south of Tylertown, Walthall County, and extends northerly to Tylertown, Monticello, Georgetown, Crystal Springs, Utica and ends at or near Vicksburg, Warren County.
Mississippi 28 -- Begins at or near Fayette, Jefferson County, and extends to, at or near Hazlehurst, Georgetown, Pinola, Magee and Taylorsville and ends on U.S. 84 west of Laurel, Jones County.
Mississippi 29 -- Begins at or near Wiggins, Stone County, and extends in a northerly direction to or near Janice, New Augusta, Runnelstown, Ellisville and ends at Mississippi 28 at or near Soso, Jones County.
Mississippi 30 -- Begins at or near Oxford, Lafayette County, and extends in a northeasterly direction to or near New Albany, thence by Keownsville and Pleasant Ridge, thence to a point at or near Wheeler to intersect U.S. 45, thence along U.S. 45 to south of Booneville, thence from U.S. 45 northeasterly to intersect Mississippi 4 and Mississippi 364, thence to Walden's Store, Hills Chapel, Burton and ends at the Natchez Trace Parkway east of Tishomingo, Tishomingo County.
Mississippi 32 -- Begins on Mississippi Highway 1 at or near Perthshire, Bolivar County, and extends east to or near Shelby, thence continues from U.S. 49W at or near Parchman easterly to or near Webb, Charleston, Oakland, Water Valley, Bruce and Houlka, thence continues from Mississippi 15 south of Houlka to or near Van Vleet and Okolona, Chickasaw County.
Mississippi 33 -- Begins at the Mississippi-Louisiana state line, Wilkinson County, and extends northerly to Mississippi 24 at or near Centreville, thence to Gloster to or near Crosby, Knoxville, Roxie and McNair to U.S. 61 south of Fayette, then from or near Fayette northeasterly to or near Red Lick and Pattison to Mississippi 18 at or near Hermanville, Claiborne County.
Mississippi 35 -- Begins at the Mississippi-Louisiana state line, Marion County, south of Sandy Hook and extends in a northerly direction to a point on U.S. 98 at or near Foxworth, thence continues from or near Columbia to or near Bassfield, Lone Star, Mount Olive, Mize, Raleigh, Forest, Carthage, Kosciusko, Vaiden, Holcomb, Charleston and Batesville and ends at or near the Sardis Dam northeast of Batesville, Panola County.
Mississippi 37 -- Begins at a point on U.S. 84, Covington County, south of Hot Coffee and extends in a northerly direction to or near Taylorsville, Center Ridge and ends on Mississippi 35 south of Raleigh, Smith County.
Mississippi 39 -- Begins at or near Meridian, Lauderdale County, and extends in a northerly direction to or near DeKalb and ends on U.S. 45 at or near Shuqualak, Noxubee County.
Mississippi 41 -- Begins at or near Pontotoc, Pontotoc County, and extends southeasterly to or near Okolona, thence easterly to U.S. 45 at or near Wren, Monroe County.
Mississippi 42 -- Begins at the Lawrence-Simpson county line northeast of New Hebron and extends to or near New Hebron, Prentiss, Bassfield and Sumrall to U.S. 49 north of Hattiesburg to or near Petal, Runnelstown, Richton, Sand Hill and State Line to the Mississippi-Alabama state line, Wayne County.
Mississippi 43 -- Begins on U.S. 90 west of Bay St. Louis, Hancock County, and extends in a north northwesterly direction to or near Picayune, thence continues from or near Picayune to Mississippi 26 at or near Cross Roads then to Mississippi 13 south of Prentiss west and north to Arm Road in Section 5, Township 6 North, Range 20 West, Lawrence County, and proceeds northwesterly for approximately four miles to its intersection with U.S. 84 in Section 24, Township 7 North, Range 21 West, thence continues from, at or near Silver Creek, New Hebron and Pinola to Mississippi 13 southwest of Mendenhall, thence continues from Mississippi 18 at or near Puckett, Cross Roads, Pelahatchie and Pisgah to Mississippi 16 at or near Canton, thence to or near Thomastown, Kosciusko, Shady Grove and Friendship ending at the intersection of Mississippi 407 south of Kilmichael, Montgomery County.
Mississippi 44 -- Begins at or near McComb, Pike County, and extends to or near Pricedale and Jayess to Mississippi 27 east of Jayess, thence continues easterly across the Pearl River to Mississippi 13, Marion County, thence continues from, at or near Columbia to or near Sumrall, Lamar County.
U.S. 45 -- Begins at the Mississippi-Alabama state line at or near the Town of State Line, Greene County, and extends in a northerly direction to or near Waynesboro, Quitman, Meridian, Scooba, Macon, Brooksville, Columbus, Aberdeen, Nettleton, Shannon, Tupelo, Booneville, Corinth and ends at the Mississippi-Tennessee state line north of Corinth, Alcorn County.
U.S. 45A -- Begins at a point on U.S. 45 at or near Brooksville, Noxubee County, and extends in a northerly direction to or near West Point, Okolona, and ends at a point on U.S. 45 at or near Shannon, Lee County.
Mississippi 46 -- Begins at a point on Mississippi 9 south of Calhoun City, Calhoun County, and extends southeasterly to or near Hohenlinden, Mantee, Montpelier to Mississippi 50 approximately seven miles west of West Point, Clay County.
Mississippi 47 -- Begins at approximately seven miles west of West Point, Clay County, on Mississippi 50 and runs in a northerly direction to intersect with Mississippi 8 at or near Trebloc, and thence north to Buena Vista, Chickasaw County.
Mississippi 48 -- Begins at or near Centreville, Wilkinson County, and extends to Liberty, thence continues from Mississippi 24 west of McComb and extends in a southeasterly direction to or near Magnolia, Tylertown and Dexter, thence continues in a southeasterly direction to intersect with Mississippi 35 at Sandy Hook, thence in an easterly direction to or near Lumberton, Lamar County.
U.S. 49 -- Begins at or near Gulfport, Harrison County, and extends in a northerly direction to or near Wiggins, Hattiesburg, Collins, Mendenhall, Jackson and Yazoo City, thence continues from or near Tutwiler to or near Clarksdale, and thence continues from U.S. 61 north of Clarksdale westward to or near the Mississippi River, Coahoma County, near Helena, Arkansas.
U.S. 49E -- Begins at or near Yazoo City, Yazoo County, and extends in a northerly direction to or near Tchula and Greenwood and ends at or near Tutwiler, Tallahatchie County.
U.S. 49W -- Begins at or near Yazoo City, Yazoo County, and extends in a northerly direction to or near Belzoni, Indianola and Ruleville and ends at or near Tutwiler, Tallahatchie County.
Mississippi 50 -- Begins at or near Walthall, Webster County, thence easterly to or near Cumberland to Mississippi 15, thence to or near Pheba, Cedar Bluff and West Point to or near junction Mississippi 373 and U.S. 45, then continues from, at or near Columbus on U.S. 82 northeasterly to the Mississippi-Alabama state line, Lowndes County.
U.S. 51 -- Begins at the Mississippi-Louisiana state line at or near Osyka, Pike County, and extends in a northerly direction to or near Magnolia, McComb, Summit, Brookhaven, Hazlehurst, Crystal Springs, Jackson, Canton, Durant, Winona, Grenada, Batesville, Senatobia and Hernando and ends at the Mississippi-Tennessee state line north of Horn Lake, DeSoto County.
Mississippi 53 -- Begins at or near Poplarville, Pearl River County, and extends in a southeasterly direction to or near Necaise and ends at or near Lyman, Harrison County.
I-55 -- From the Mississippi-Louisiana state line south of McComb via Jackson to the Mississippi-Tennessee state line south of Memphis, Tennessee.
Mississippi 57 -- Begins at or near Fontainebleau, Jackson County, and extends to or near Vancleave, Benndale, Avent, and McLain, thence continues from U.S. 98 east of McLain to or near Leakesville, thence continues from or near Leakesville northerly to or near State Line on U.S. 45 and ends at its intersection with Mississippi 42, Greene County.
I-59 -- From the Mississippi-Louisiana state line near Picayune via Hattiesburg, Laurel and Meridian to the Mississippi-Alabama state line west of Cuba, Alabama.
U.S. 61 -- Begins at the Mississippi-Louisiana state line south of Woodville, Wilkinson County, and extends in a northerly direction to or near Woodville, Natchez, Fayette, Port Gibson, Vicksburg, Rolling Fork, Leland, Cleveland, Clarksdale and Tunica and ends at the Mississippi-Tennessee state line north of Lake View, DeSoto County.
Mississippi 63 -- Begins from U.S. 90 at or near Pascagoula, Jackson County, and extends in a northerly direction to or near Moss Point, Wade, Lucedale, Leakesville, Sand Hill and ends at or near Waynesboro, Wayne County.
U.S. 65 -- Begins at the west end of the Mississippi River Bridge at Natchez, Adams County, and extends in an easterly direction to U.S. 61 and thence continues south jointly with U.S. 61 to the Mississippi-Louisiana state line south of Woodville, Wilkinson County.
Mississippi 67 -- Begins at I-10 and extends north to U.S. 49 at or near Saucier, all in Harrison County.
Mississippi 69 -- Begins at the Mississippi-Alabama state line and extends northerly to or near Columbus, all in Lowndes County.
U.S. 72 -- Begins at the Mississippi-Tennessee state line northwest of Mt. Pleasant, Marshall County, and extends in a southeasterly direction to or near Walnut, Corinth and Iuka and ends at the Mississippi-Alabama state line southeast of Iuka, Tishomingo County.
Mississippi 76 -- Begins on Mississippi 6 west of Pontotoc to Mississippi 9, from Mississippi 9 easterly to U.S. 45 south of Tupelo and continuing easterly to existing Mississippi 6 near Plantersville, and continues from a point approximately 7.482 miles northeast of U.S. 78 near the community of Fairview and extends northeasterly approximately 11 miles to the Mississippi-Alabama state line, Itawamba County.
U.S. 78 -- Begins at the Mississippi-Tennessee state line northwest of Olive Branch, DeSoto County, and extends in a southeasterly direction to or near Holly Springs, New Albany, Tupelo and Fulton and ends at the Mississippi-Alabama state line east of Fulton, Itawamba County.
U.S. 80 -- Begins at or near Vicksburg, Warren County, and extends in an easterly direction to or near Jackson, Brandon, Forest, Newton and Meridian and ends at the Mississippi-Alabama state line east of Meridian, Lauderdale County.
U.S. 82 -- Begins at the Mississippi River Bridge southwest of Greenville, Washington County, and extends in a northeasterly direction to or near Greenville, thence east to or near Leland, Indianola, Greenwood, Carrollton, Winona, Mathiston and Starkville to a point on U.S. 45 west of Columbus, thence continues from or near Columbus to the Mississippi-Alabama state line east of Columbus, Lowndes County.
U.S. 84 -- Begins at the Mississippi River Bridge at or near Natchez, Adams County, and extends in an easterly direction to U.S. 61 in Natchez, thence continues jointly with U.S. 61 to or near Washington, thence continues from U.S. 61 at or near Washington, to or near Meadville, Brookhaven, Monticello, Prentiss, Collins, Laurel and Waynesboro to the Mississippi-Alabama state line east of Tokio, Wayne County.
U.S. 90 -- Begins at the Mississippi-Louisiana state line southwest of Pearlington, Hancock County, and extends in an easterly direction to or near Bay St. Louis, Gulfport, Biloxi, Pascagoula, and ends at the Mississippi-Alabama state line, Jackson County, en route to Mobile, Alabama.
U.S. 98 -- Begins at or near Bude, Franklin County, and extends in a southeasterly direction to or near Summit, thence continues from, at or near McComb to or near Tylertown, Columbia and Hattiesburg, thence continues from I-59 southwest of Hattiesburg to or near New Augusta, Beaumont, McLain and Lucedale to the Mississippi-Alabama state line southeast of Lucedale, George County.
I-110 -- Begins at its intersection with U.S. 90 in Biloxi thence north to I-10.
Mississippi 145 -- The various sections of Old U.S. 45 that have been relocated by new construction.
Mississippi 149 -- The various sections of Old U.S. 49 that have been relocated by new construction.
Mississippi 161 -- The various sections of Old U.S. 61 that have been relocated by new construction.
Mississippi 172 -- The various sections of Old U.S. 72 that have been relocated by new construction.
Mississippi 178 -- The various sections of Old U.S. 78 that have been relocated by new construction.
Mississippi 182 -- The various sections of Old U.S. 82 that have been relocated by new construction.
Mississippi 184 -- The various sections of Old U.S. 84 that have been relocated by new construction.
Mississippi 198 -- The various sections of Old U.S. 98 that have been relocated by new construction.
Mississippi 245 -- Begins on U.S. 45A south of Okolona, Chickasaw County, thence continues to Mississippi 32/Mississippi 41 at Okolona and continues to Mississippi 145 at Shannon, Lee County.
I-220 -- Begins at its intersection with I-20 at or near Van Winkle and thence northeasterly a distance of approximately 12 miles to intersect with I-55 at or near the Hinds-Madison county line.
U.S. 278 -- Begins at the Mississippi-Arkansas state line, continues along U.S. 82 to Leland, thence along U.S. 61 to Clarksdale, continues along Mississippi 6 to Batesville, Oxford, Pontotoc and Tupelo, thence along U.S. 45 to south of Nettleton, near Wren, thence easterly to Amory and ends at the Mississippi-Alabama state line near Gattman, Monroe County.
Mississippi 301 -- Begins at or near Arkabutla, Tate County, thence north to the Tate-DeSoto county line, thence begins on Mississippi 304 at Eudora to or near Lynchburg and ends at the Mississippi-Tennessee state line, DeSoto County.
Mississippi 302 -- Begins at U.S. 61, DeSoto County, thence east to U.S. 78 at or near Olive Branch in DeSoto County, thence to U.S. 72 at or near Mount Pleasant in Marshall County.
Mississippi 304 -- Begins at the Mississippi-Tennessee state line at or near U.S. 72, Marshall County, and thence runs in a southwesterly direction to intersect with U.S. 78 at or near Byhalia and thence runs in a westerly direction to intersect I-55 at or near Hernando and thence runs in a westerly direction to intersect with U.S. 61 in DeSoto County.
Mississippi 305 -- Begins at or near the north boundary line of Sardis Reservoir, Lafayette County, and extends northerly to Mississippi 310 in Lafayette County, then from Mississippi 4 north to or near Independence, Lewisburg, Olive Branch and ends at the Mississippi-Tennessee state line, DeSoto County.
Mississippi 306 -- Begins at or near Coldwater and extends to or near Independence, all in Tate County.
Mississippi 309 -- Begins on Mississippi 4 at or near Chulahoma, Marshall County, Mississippi, and runs thence in a northerly direction to or near the communities of Watson, the Town of Byhalia, and ends at the Mississippi-Tennessee state line north of Barton, Marshall County.
Mississippi 310 -- Begins on Mississippi 3 in Crenshaw, Panola County, and extends in an easterly direction to Como, then returns from I-55 easterly to the Lafayette county line near Laws Hill, then to Mississippi 7 at or near Malone, Marshall County.
Mississippi 311 -- Begins on Mississippi 7 at or near Holly Springs and extends northerly to U.S. 72 at or near Mt. Pleasant, all in Marshall County.
Mississippi 313 -- Begins at or near Hudsonville and extends westerly to Atway, thence northerly to U.S. 72 at or near Slayden, all in Marshall County.
Mississippi 314 -- Begins at or near Sardis Reservoir and extends southeasterly to or near Oxford, all in Lafayette County.
Mississippi 315 -- Begins at U.S. Highway 49/Mississippi 61 near the Town of Rich, continues to the Coahoma-Quitman county line, thence easterly to or near Sledge and Sardis, southeasterly to or near Sardis Dam and Water Valley to Mississippi 9W at or near Paris, Lafayette County.
Mississippi 316 -- Begins at a point on U.S. 61 in Coahoma County, at or near Frank Montory's Place and runs thence in a generally southeasterly direction through Jonestown, thence through Belen to Mississippi 6 west of Marks, Quitman County.
Mississippi 321 -- Begins on Mississippi 32 east of Webb and extends northerly and ends at or near Brazil, all in Tallahatchie County.
Mississippi 322 -- Begins at or near Sherard, Coahoma County, and extends east to or near Clarksdale, thence from or near Hopson on U.S. 49 south of Clarksdale east to Mississippi 3 approximately three miles south of Lambert, thence from Lambert to Crowder and ends on the Batesville-Charleston Road east of Crowder, Panola County.
Mississippi 328 -- Begins where it intersects with Mississippi 315, and extends easterly in a direction approximately eight miles to or near Taylor, thence to or near Markette, Lafayette County.
Mississippi 330 -- Begins on U.S. 51 west of Tillatoba, Yalobusha County, and extends easterly to or near Coffeeville and Gums, thence east to Bruce, Calhoun County.
Mississippi 331 -- Begins on Mississippi 9 southwest of Sarepta, Calhoun County, and extends north to or near Tula and ends on Mississippi 334 north of Tula, Lafayette County.
Mississippi 332 -- Begins at the intersection of Old Mississippi 7 with U.S. 51 approximately one mile north of Grenada and extends in a northeasterly direction to the north abutment of the Grenada Dam, all in Grenada County.
Mississippi 333 -- Begins at the intersection of Old Mississippi 8 with new Mississippi 8, approximately one mile east of Grenada and extends in a northeasterly direction to its intersection with a federally maintained road leading to the south abutment of the Grenada Dam, all in Grenada County.
Mississippi 334 -- Begins at or near Oxford, Lafayette County, and extends in an easterly direction to or near Toccopola and ends on Mississippi 9 at or near Springville, Pontotoc County.
Mississippi 336 -- Begins on Mississippi 6 at or near Lafayette Springs, Lafayette County, and extends to or near Thaxton and Pontotoc, Pontotoc County.
Mississippi 340 -- Begins at the Calhoun-Chickasaw county line near the Riley Ball Home, thence easterly to Mississippi 341, then continues to Mississippi 15 near Woodland, all in Chickasaw County.
Mississippi 341 -- Begins at the Webster-Chickasaw county line, thence northerly to or near Atlanta, Vardaman to Mississippi 32, then continues to or near Buckhorn ending on Mississippi 9 southwest of Pontotoc, Pontotoc County.
Mississippi 342 -- Begins on Mississippi 41 at or near Pontotoc and extends to Mississippi 6 east of Pontotoc, all in Pontotoc County.
Mississippi 345 -- Begins at or near Pontotoc and extends north and west to or near Ecru, all in Pontotoc County.
Mississippi 346 -- Begins at or near Sand Springs Church, thence east to or near Esperanza, thence to Mississippi 15 approximately three-fourths mile south of Ecru, all in Pontotoc County.
Mississippi 347 -- Begins on Mississippi 349 at or near Bethlehem, thence northeasterly and northwesterly to Mississippi 349 approximately two miles south of Potts Camp, all in Marshall County.
Mississippi 348 -- Begins at or near New Albany, Union County, and extends east to or near Guntown, Lee County.
Mississippi 349 -- Begins where it intersects with Mississippi 30, Union County, and extends northwesterly to or near Cornersville and Bethlehem and ends at or near Potts Camp, Marshall County.
Mississippi 350 -- Begins from Mississippi 2 northeast of Corinth, Alcorn County, thence in an easterly direction to Mississippi 25 near the State Line Resort, Tishomingo County.
Mississippi 351 -- Begins on the Alcorn-Tippah county line thence north to or near Gorforth's Place on Mississippi 2 in Alcorn County.
Mississippi 354 -- Begins at or near Walnut, thence in a southeasterly direction approximately two and nine-tenths miles, all in Tippah County.
Mississippi 355 -- Begins at Mississippi 346 near Esperanza, Pontotoc County, and extends northwesterly to or near Pinedale and Etta, then to Mississippi 30 near Gallway, Union County.
Mississippi 356 -- Begins on the Kossuth-Rienzi Road, Alcorn County, approximately six and one-half miles west of Rienzi and extends east to or near Rienzi and Jacinto, to intersect Mississippi 365 southeast of Jacinto, Prentiss County.
Mississippi 362 -- Begins at Mississippi 145, runs through Wheeler to Wheeler School, thence from Hopewell Road easterly to intersect at or near the junction with a county road in the northwest quarter of Section 20 approximately one and four-tenths miles west of Mississippi 371, all in Prentiss County.
Mississippi 363 -- Begins on Mississippi 178 west of Fulton, Itawamba County, and extends north to or near Mantachie, thence north and west to Mississippi 145 at Saltillo, Lee County.
Mississippi 364 -- Begins on Mississippi 30 east of Booneville, Prentiss County, runs northeast to Mississippi 365 and thence from a point near Holcut east to Mississippi 25 south of Iuka, Tishomingo County.
Mississippi 365 -- Begins on Mississippi 30 at or near Burton, Prentiss County, thence north to Burnsville to intersect Mississippi 25 at or near Cross Roads, Tishomingo County.
Mississippi 366 -- Begins east of Baldwyn on Mississippi 370, Prentiss County, thence in an easterly direction to Mississippi 371 at Marietta, thence from Mississippi 25 at or near Belmont to the Mississippi-Alabama state line east of Golden, Tishomingo County.
Mississippi 367 -- Begins on Mississippi 356 southeast of Jacinto, thence in a northeasterly direction to Alcorn-Tishomingo county line, all in Alcorn County.
Mississippi 368 -- Begins where it intersects Mississippi 15 at or near Blue Mountain thence easterly to or near Buena Vista School, all in Tippah County.
Mississippi 369 -- Begins on Mississippi 370 approximately two miles east of Benton-Tippah county line, thence northeasterly to or near Walnut, all in Tippah County.
Mississippi 370 -- Begins at Mississippi 5 at or near Ashland, Benton County, thence easterly to Mississippi 15 at or near Falkner, thence from Mississippi 4 at or near Ripley southeasterly to or near Dumas thence to Mississippi 30 at or near Pleasant Ridge, thence from Mississippi 30 east of Pleasant Ridge to or near Baldwyn and ends at Mississippi 371 at or near Kirkville, Itawamba County.
Mississippi 371 -- Begins on Mississippi 6 south of Nettleton, Monroe County, thence north to or near Richmond and Mooreville, thence northeast to or near Mantachie, thence north to or near Marietta and ends on Mississippi 4 southeast of Booneville, Prentiss County.
Mississippi 373 -- Begins on U.S. 45 approximately four miles north of Columbus, Lowndes County, thence to the South Gate of Columbus Air Force Base, thence from the North Gate of Columbus Air Force Base to U.S. 45 at or near Hamilton, Monroe County.
Mississippi 379 -- Begins at the Itawamba-Monroe county line and extends northward to a point on Mississippi 371 near Evergreen, all in Itawamba County.
Mississippi 382 -- Begins on U.S. 45A and thence runs in an easterly direction through Prairie to intersect Mississippi 25 approximately three miles south of Aberdeen, all in Monroe County.
Mississippi 385 -- Begins at or near Buena Vista and runs in a northwesterly direction to Mississippi 32 at or near Van Vleet, all in Chickasaw County.
Mississippi 388 -- Begins at or near Brooksville and extends east to or near Cliftonville and to the Mississippi-Alabama state line, all in Noxubee County.
Mississippi 389 -- Begins on U.S. 82 in Starkville, Oktibbeha County, and runs in a northwesterly direction to the Oktibbeha-Clay county line, thence to a point on Mississippi 46 at Montpelier, continues in a northerly direction to a point on Mississippi 8 in Houston, Chickasaw County.
Mississippi 391 -- Begins at the east side of T.N. Kinard property line and runs in a northeasterly direction to Winston-Noxubee county line, all in Winston County.
Mississippi 393 -- Begins on the Winston-Neshoba county line and extends northward to Mississippi 490 at or near Claytown, Winston County.
Mississippi 395 -- Begins on Mississippi 19 at or near Arlington, Neshoba County, and runs north to Plattsburg, thence east to or near Noxapater, Winston County.
Mississippi 397 -- Begins at or near Louisville, Winston County, and extends southeast to or near DeKalb, Kemper County.
Mississippi 403 -- Begins at or near Mathiston and extends north and west to the county highway maintenance barn for District No. 4 in Webster County.
Mississippi 404 -- Begins at I-55 in Carroll County and extends east to U.S. 51 north of Duck Hill, thence from a point on U.S. 51 at Duck Hill in an easterly direction to beat line of Beat No. 2 in Montgomery County and from the intersection of Cadaretta-Bellefontaine Road at Spring Hill, and extends easterly to or near Bellefontaine in Webster County.
Mississippi 407 -- Begins on U.S. 51, Montgomery County, thence in a southeasterly direction to Mississippi 413 at French Camp, then from Mississippi 12 at or near Weir southwesterly to the Town of McCool, thence west to intersect Mississippi 12, Attala County.
Mississippi 411 -- Begins at a point at or near Glendale School on Mississippi 14 in Attala County, Mississippi, and runs in a northerly direction to or near Antioch Church, thence to the Town of McCool, continues over the business route of Mississippi 12 through the Town of McCool to a point just west of the bridge over the Yockanookany River, thence north to Mississippi 12, all in Attala County.
Mississippi 413 -- Begins at or near Kilmichael, Montgomery County, and extends southeast to or near Weir, Choctaw County.
Mississippi 415 -- Begins where it intersects the Natchez Trace Parkway, thence southeast to or near Chester, and ends on Mississippi 9 about two and one-half miles northwest of Ackerman, Choctaw County.
Mississippi 424 -- Begins at or near Holmes State Park and extends east to U.S. 51 south of Durant, Holmes County.
Mississippi 425 -- Begins at a point on Mississippi 12 and runs in a southeasterly direction to the east city limits of Ethel, all in Attala County.
Mississippi 427 -- Begins at or near Laurel Hill, Neshoba County, and extends in a northerly direction to Mississippi 16 at Edinburg, then begins approximately two miles north of Edinburg and extends in a northerly direction to Mississippi 25 between Marydell, Leake County, and Mississippi 19 intersection.
Mississippi 429 -- Begins at or near Blocker's Store, Leake County, and extends northwest to intersect the Natchez Trace Parkway at or near Thomastown, thence northerly to Mississippi 14 at or near Zemuly, thence from Mississippi 14 at or near Newport north to intersect Mississippi 12 north of Sallis, Attala County.
Mississippi 430 -- Begins at or near Greenwood, Leflore County, thence in a southeasterly direction to Leflore-Carroll county line, thence from a point at or near Black Hawk east to or near Vaiden, Carroll County.
Mississippi 431 -- Begins in the Village of Sallis, Attala County, 600 feet west of Mississippi 429 and extends easterly to Mississippi 12 east of Sallis.
Mississippi 432 -- Begins at or near Benton, Yazoo County, and extends northeast to or near Pickens, Holmes County.
Mississippi 433 -- Begins on U.S. 61 at or near Kelso, Sharkey County, thence northeast to a point south of Spanish Fort, and thence from, at or near Satartia, east to or near Bentonia, thence in a northerly direction to or near Benton, and thence to a point approximately four miles north of the Holmes-Yazoo county line.
Mississippi 434 -- Begins on U.S. 61 north of Anguilla and extends east to or near Catchings, now Delta City, all in Sharkey County.
Mississippi 436 -- Begins at or near Glen Allen and extends northeasterly to U.S. 61 at or near Percy, all in Washington County.
Mississippi 438 -- Begins at or near Wayside, Washington County, and extends to the Washington-Humphreys county line.
Mississippi 440 -- Begins on Mississippi 19 in Section 2, Township 15 North, Range 5 East, thence easterly to intersect Mississippi 35 at Hesterville, all in Attala County.
Mississippi 442 -- Begins at Mississippi 448 one mile east of Shaw, Sunflower County, thence in an easterly direction to Steiner, thence in a northerly direction to Linn, thence in an easterly direction to Doddsville and extends easterly to U.S. 49E near Schalter, Leflore County.
Mississippi 444 -- Begins at Mississippi 1 at or near Round Lake in Bolivar County, thence easterly to intersect U.S. 61 at or near Duncan, Bolivar County.
Mississippi 446 -- Begins at Mississippi 1 at or near Lobdell and extends east to U.S. 61 at or near Boyle, all in Bolivar County.
Mississippi 448 -- Begins at or near Benoit, Bolivar County, and extends southeast to or near Shaw, thence in a southeasterly direction to join U.S. 82 at or near Indianola, Sunflower County.
Mississippi 450 -- Begins at or near Scott on Mississippi 1 and runs in a southeasterly direction to Choctaw on U.S. 61, all in Bolivar County.
Mississippi 454 -- Begins at or near the Mississippi River Bridge southwest of Greenville and extends east to Mississippi 1 north of Wayside, all in Washington County.
Mississippi 462 -- Begins on U.S. 61, three miles north of Port Gibson, thence in a northerly direction to a point at or near Willows, being a part of road connecting U.S. 61 and Mississippi 27 formerly Mississippi 3, all in Claiborne County.
Mississippi 463 -- Begins on Mississippi 22 at or near Livingston, thence southeasterly to U.S. 51 at or near Madison, all in Madison County.
Mississippi 465 -- Begins at Mississippi 1 near Fitler, Issaquena County, thence southerly via Brunswick and Eagle Lake to U.S. 61 north of Redwood, Warren County.
Mississippi 467 -- Begins at or near Edwards and extends southeast to or near Raymond, all in Hinds County.
Mississippi 468 -- Begins three miles north of U.S. 80 on the Fannin Road thence south to U.S. 80, thence in a southeasterly direction to Whitfield, and thence in a northeasterly direction to or near Brandon, all in Rankin County.
Mississippi 469 -- Begins on Mississippi 28 at or near Fork Church, Simpson County, thence northerly to Harrisville, Florence and extends northeasterly to intersect Mississippi 468, Rankin County.
Mississippi 471 -- Begins at or near Brandon and extends in a northerly direction to Mississippi 25, thence from a point seven and five-tenths miles northeast on Mississippi 25 to intersect Sand Hill-Canton Road or Mississippi 43, all in Rankin County.
Mississippi 472 -- Begins approximately two miles east of Hazlehurst, Copiah County, on Old Mississippi 28 near Shady Grove, thence in a southeasterly direction to Rockport; thence begins again in Section 23, Township 10 North, Range 21 West, Simpson County, thence in a northeasterly direction to Mississippi 28 at or near Pinola.
Mississippi 473 -- Begins at a point on the Copiah-Hinds county line northeast of Crystal Springs, thence northerly to new U.S. 51 near Terry, Hinds County.
Mississippi 475 -- Begins at a point on Mississippi 468 and extends in a northerly direction to I-20, thence northerly along the western boundary line of the Jackson Municipal Airport (Allen C. Thompson Field) to a point on Mississippi 25, all in Rankin County.
Mississippi 476 -- Begins at or near Van Winkle and extends easterly to the west corporate limits of Jackson, as the corporate limits were in 1949, all in Hinds County.
Mississippi 477 -- West Rankin Parkway (New Route)--Begins at Mississippi 25 in the City of Flowood, thence south to U.S. 80 at Pearson Road in the City of Pearl, all in Rankin County.
Mississippi 478 -- Begins about three miles east of Rockport in Simpson County, and extends in an easterly direction to a point on Mississippi 43.
Mississippi 481 -- Begins on Mississippi 43, Rankin County, and extends east to the Rankin-Scott county line to Morton, Pulaski, Trenton, Burns and intersects Mississippi 35, Smith County.
Mississippi 482 -- Begins on Mississippi 16 east of Philadelphia where Sandtown Road leaves Mississippi 16, thence in a northeasterly direction to intersect with Mississippi 491 near Bogue Chitto Indian School; all in Neshoba County. Also begins on Mississippi 19 south of Philadelphia near the Neshoba County Hospital and extends in a northeasterly direction to intersect present Mississippi 482 about one and three-tenths miles north of its intersection with Mississippi 16. This route is now numbered Mississippi 894.
Mississippi 483 -- Begins at a point on Mississippi 13 at Forkville, thence in a northwesterly direction to Ludlow, Scott County.
Mississippi 484 -- Begins on Mississippi 488 west of Madden, Leake County, thence through the community of Wright's Springs and thence easterly to the Neshoba county line at the intersection of Mississippi 488 and Mississippi 427.
Mississippi 485 -- Begins on Mississippi 21, thence in a northeasterly direction to Mississippi 15 at Good Hope, Neshoba County.
Mississippi 486 -- Begins on Mississippi 16 east of Philadelphia, thence southeasterly to the intersection of Mississippi 491, all in Neshoba County.
Mississippi 487 -- Begins at or near Lena, Leake County, thence northeasterly to or near Tuscola and Carthage, thence in an easterly direction by Standing Pine, Rosebud and Salem, thence in a southeasterly direction to the intersection of Mississippi 21 at Sebastopol, Scott County.
Mississippi 488 -- Begins at or near Mississippi 35 at Carthage, Leake County, and extends to or near Madden, Laurel Hill, and to a point on Mississippi 21 approximately two miles west of Williamsville, Neshoba County.
Mississippi 489 -- Begins at or near Lake, Scott County, and extends northeast to or near Conehatta to Union, Newton County.
Mississippi 490 -- Begins at or near Noxapater, Winston County, thence in an easterly direction to intersect Mississippi 397, thence in a northeasterly direction by Old Fearn Springs Post Office to the Noxubee county line.
Mississippi 491 -- Begins on Mississippi 19, approximately 200 yards south of the Neshoba-Newton county line, thence in a northerly direction to Mississippi 486 southwest of DeWeese and thence from Mississippi 16 at Cross Roads north to Mississippi 21 near the center of Section 22, Township 12 North, Range 13 East, Neshoba County.
Mississippi 492 -- Begins at the intersection of Mississippi 487 at or near Tuscola, Leake County, and runs in an easterly direction to or near Walnut Grove and to the south boundary of Golden State Park and continues as Golden State Park Road until it reaches Mississippi 21. Then from a point on Mississippi 21 at or near Sebastopol to or near Union and ends at or near House School east of Mississippi 19, Neshoba County.
Mississippi 493 -- Begins at or near Meridian, Lauderdale County, thence in a northerly direction to or near Bailey and Moscow, and ends on Mississippi 16 in Kemper County.
Mississippi 494 -- Begins on Mississippi 15 at or near Union, Newton County, and extends southeast to or near Little Rock and Dufee to intersect Mississippi 19 at or near Hookston, Lauderdale County.
Mississippi 495 -- Begins on Mississippi 493 at Bailey's Store, in Lauderdale County, thence in a northerly direction to the Kemper county line, thence by Damacus School and intersection Mississippi 16 at or near Daw's Store and from another point on Mississippi 16 at Daw's Brothers Store, thence northerly to a point on Mississippi 397 approximately one and one-half miles south of Preston, Kemper County.
Mississippi 496 -- Begins at the intersection of Mississippi 19 in Lauderdale County at Old Odom Store Place, thence in an easterly direction by way of Culpepper, thence to the Mississippi-Alabama state line, Lauderdale County.
Mississippi 498 -- Begins at a point on U.S. 45 about 12 miles south of Scooba, Kemper County, thence in an easterly direction to Porterville.
Mississippi 500 -- Begins with its intersection with Mississippi 13 at or near Lena, thence in a easterly direction to a local road at Frank Reeves', thence in a northerly direction to Mississippi 487 at Tuscola, Leake County.
Mississippi 501 -- Begins on Mississippi 18 approximately eight miles east of Raleigh and extends in a northerly direction to or near Pineville to U.S. 80 in Forest.
Mississippi 502 -- Begins with its intersection with Mississippi 488 between Standing Pine and Free Trade, thence in an easterly direction by Springfield Baptist Church, Thaggards Clinic, Madden School and intersects Mississippi 488 at Madden Baptist Church in the Village of Madden, all in Leake County.
Mississippi 503 -- Begins on Mississippi 528 at or near Heidelberg, Jasper County, thence in a northerly direction to Paulding, Hero, Hickory and ends at or near Decatur, Newton County.
Mississippi 504 -- Begins on Mississippi 15 north of Jasper-Newton county line to Mississippi 503 at Hero, Jasper County.
Mississippi 505 -- Begins at or near Roberts, Newton County, and extends north to U.S. 80 at or near Lawrence.
Mississippi 508 -- Begins on U.S. 45 approximately six miles south of Waynesboro and runs southeasterly approximately three miles to Waynesboro Pine Tree Nursery, all in Wayne County.
Mississippi 510 -- Begins on U.S. 45 at or near Shubuta in Wayne County, thence in an easterly direction to Matherville, thence in a southerly direction to the end of state maintenance, Wayne County.
Mississippi 511 -- Begins at a point on Mississippi 18 at or near Quitman, Clarke County, thence in a southeasterly direction about seven and two-tenths miles, now known as the Quitman-Crandall Road in Clarke County.
Mississippi 512 -- Begins on the Clarke-Jasper county line, thence easterly on the Old Paulding and Pachuta Road to Mississippi 18 at Pachuta, thence continues jointly with Mississippi 18 approximately two miles southeast of Pachuta, thence to U.S. 45 in Quitman, Clarke County.
Mississippi 513 -- Begins on Mississippi 18 in the Town of Rose Hill, Jasper County, thence to Enterprise on U.S. 11 and extends southeasterly to or near Quitman, Clarke County.
Mississippi 514 -- Begins at a point on Mississippi 513 in Enterprise, thence in an easterly direction to a point on U.S. 45 near the northeast corner of the southeast quarter of Section 20, Township 4 North, Range 16 East, all in Clarke County.
Mississippi 528 -- Begins at or near Bay Springs and extends to U.S. 11 at or near Heidelberg, all in Jasper County.
Mississippi 529 -- Begins with its intersection on U.S. 84 at or near Hebron community, thence in a northerly direction to Mississippi 28 at Gitano, Jones County.
Mississippi 531 -- Begins on Mississippi 28 approximately one mile east of Taylorsville in Smith County, thence in a northeasterly direction to the intersection with Mississippi 18 approximately three miles west of Bay Springs, Jasper County.
Mississippi 532 -- Begins at or near Mt. Olive, Covington County, and extends southeasterly via Hot Coffee, ending at U.S. 84 at or near Reddoch, Covington County.
Mississippi 533 -- Begins where it intersects Mississippi 28 at or near Soso, Jones County, thence in a northerly direction along the Ridge Road to Mississippi 15 at or near Stringer, Jasper County.
Mississippi 535 -- Begins at Seminary, thence in a northeasterly direction to a point on Mississippi 588, all in Covington County.
Mississippi 536 -- Begins on Mississippi 15 in Section 12, Township 7 North, Range 11 West, in Jones County, and extending in a northerly and southeasterly direction to Mississippi 63 in Wayne County in Section 26, Township 7 North, Range 8 West.
Mississippi 537 -- Begins at or near Laurel, Jones County, and extends northerly to the Jones-Jasper county line, thence northwesterly and southwesterly via Mossville to Mississippi 15, Jones County.
Mississippi 540 -- Begins at the intersection of Mississippi 469 at Harrisville, Simpson County, and extends easterly to Old U.S. 49 and Mississippi 13 at or near Mendenhall, thence southeasterly to new U.S. 49, thence in a northerly and easterly direction to a point on Mississippi 541 at Roy Upton's Store, thence northeasterly and easterly to intersect Mississippi 35 south of Raleigh, Smith County.
Mississippi 541 -- Begins approximately five miles south of the Simpson county line in Jefferson Davis County, thence in a northerly direction to or near Magee, Martinville and to intersect Mississippi 18 southeast of Puckett, and from another point on Mississippi 18 at or near White Oak, thence in a northwesterly direction to intersect Mississippi 13 north of Puckett, Smith County.
Mississippi 545 -- Begins at the intersection with Mississippi 28 in Simpson County, thence in a northerly direction for a distance of approximately two miles along the State Farm Road by and through the State Sanatorium Farm to a point of intersection with U.S. 49, all in Simpson County.
Mississippi 547 -- Begins at or near Port Gibson, Claiborne County, and extends southeasterly via Pattison to or near Allen, thence from a point on Mississippi 28 at or near Allen and extending in an easterly direction to Copiah-Lincoln county line.
Mississippi 548 -- Begins four miles east of Mississippi 18 at or near Hermanville, Claiborne County, thence easterly to the Claiborne-Copiah county line.
Mississippi 550 -- Begins on Mississippi 28 at or near Union Church, Jefferson County, and extends southeasterly to or near Brookhaven, Lincoln County.
Mississippi 552 -- Begins at the Mississippi River at or near the mouth of Bayou Pierre, Claiborne County, thence easterly then southerly on the Port Gibson-Alcorn University Road, and extends southerly to Alcorn State University, thence southeasterly to or near Lorman, thence in an easterly direction to Red Lick, thence near Blue Hill, and continues from McBride and intersects Mississippi 28 at Pleasant Hill, Jefferson County.
Mississippi 553 -- Begins on U.S. 61 at or near Stanton, Adams County, and extends in a northerly direction to or near Church Hill, thence in an easterly direction to Fayette, thence in a northerly direction to Harriston, Jefferson County.
Mississippi 554 -- Begins at or near Pine Ridge and extends to U.S. 61 at or near Selma, all in Adams County.
Mississippi 555 -- Begins at the road junction in Section 50, Township 6 North, Range 2 West, and extends in a northwesterly direction to U.S. 61 south of Natchez and from another point in Natchez, northeasterly to Pine Ridge, and thence three and eight-tenths miles north to Old Pine Ridge School, all in Adams County.
Mississippi 556 -- Begins on Mississippi 184 at or near Meadville, thence in a southeasterly direction to intersect U.S. 98, all in Franklin County.
Mississippi 558 -- Begins west of I-55 and extends along Brookway Boulevard to U.S. 51, thence continues to Mississippi 184 (Monticello Street), all in Brookhaven, Lincoln County.
Mississippi 563 -- Begins on U.S. 61 approximately three miles north of Woodville, thence to Wilkinson in a northeasterly direction to or near Crosby, all in Wilkinson County.
Mississippi 567 -- Begins on Mississippi 24 at or near Liberty, Amite County, and runs in a northerly direction to U.S. 98 south of Bude, Franklin County, except that section from Butler's Crossing, easterly to Zion Hill Baptist Church.
Mississippi 568 -- Begins at the Mississippi-Louisiana state line in Amite County and extends in a northeasterly direction to or near Gillsburg and ends on U.S. 51 south of Magnolia, Pike County.
Mississippi 569 -- Begins on Mississippi-Louisiana state line, Amite County, and extends in a northeasterly direction to Mississippi 48 at or near Beachwood, and from Mississippi 24 at or near Liberty in a northeasterly direction to Smithdale to intersect U.S. 98 at or near Auburn, Lincoln County.
Mississippi 570 -- Begins on U.S. 98 in Franklin County, thence in a southeasterly direction to or near Smithdale and McComb, thence from a point on Mississippi 44 in McComb to or near Felders and to intersect Mississippi 44 at or near Pricedale, Pike County.
Mississippi 571 -- Begins at a point approximately one mile east of Gillsburg on Mississippi 584 and runs in a southerly direction to connect with Louisiana 441, all in Amite County.
Mississippi 575 -- Begins at Progress, thence northeasterly for a distance of approximately four miles to a point of intersection with Mississippi 48, all in Pike County.
Mississippi 583 -- Begins at or near Brookhaven, Lincoln County, thence in a southeasterly direction through Enterprise and Ruth to intersect Mississippi 44 at Alton Brister's Store, thence southeasterly to or near Tylertown, Walthall County.
Mississippi 584 -- Begins at Liberty, Amite County, and runs in a southeasterly direction to or near Gillsburg, then to U.S. 51 at or near Osyka, Pike County.
Mississippi 585 -- Begins on U.S. 98 east of Tylertown, thence in a northeasterly direction to intersect Mississippi 586 at or near Darbon, all in Walthall County.
Mississippi 586 -- Begins at or near Darbon on Mississippi 585, thence in a southeasterly direction to U.S. 98 at or near Foxworth, Marion County.
Mississippi 587 -- Begins on U.S. 98 at Foxworth, Marion County, thence northwesterly to Morgantown, Whitebluff, Tilton and Robinwood to connect with U.S. 84 in Monticello, Lawrence County.
Mississippi 588 -- Begins on U.S. 84 approximately one mile east of Collins, Covington County, thence in an easterly direction to or near Ellisville, Jones County.
Mississippi 589 -- Begins at a point on I-59 at or near Purvis, Lamar County, thence in a northwesterly direction to intersect U.S. 98, thence continues northerly to or near Sumrall, then north to U.S. 49 at or near Seminary, Covington County.
Mississippi 590 -- Begins at a point on U.S. 49 at or near Seminary, Covington County, and extends in an easterly direction to a point on U.S. 11 at or near Ellisville, Jones County.
Mississippi 591 -- Begins on Mississippi 570 at Felder's Camp Ground, thence northerly approximately two-tenths mile, all in Pike County.
Mississippi 594 -- Begins on Mississippi 63 south of Leakesville and runs easterly to the Mississippi-Alabama state line, all in Greene County.
Mississippi 598 -- Begins on U.S. 49 at a point west of Sanford, continues in an easterly direction to another point at Sanford, all in Covington County.
Mississippi 601 -- A central Harrison County connector from I-10 to U.S. 90 in the vicinity of Canal Road to the Mississippi State Port at Gulfport.
Mississippi 603 -- Begins on Mississippi 43 at or near Kiln and extends in a northerly direction to or near Necaise, all in Hancock County.
Mississippi 604 -- Begins on U.S. 90 at or near the Mississippi-Louisiana state line and extends in a northeasterly direction to the Picayune-Bay St. Louis Road near Westonia, all in Hancock County.
Mississippi 605 -- Begins on U.S. 90 at Cowan Road in Gulfport, thence in a northerly direction along Cowan and Lorraine Roads to I-10, thence continuing to relocated/reconstructed Mississippi 67, northwest to relocated Mississippi 67 at or near U.S. 49, all in Harrison County.
Mississippi 606 -- Begins at the southern end of the Beach Highway in Hancock County, thence in a northeasterly direction across U.S. 90 to the northern end of Beach Highway.
Mississippi 607 -- Begins on U.S. 90 west of Bay St. Louis and runs in a westerly and northwesterly direction to I-10 south of N.A.S.A., thence from the intersection with unnumbered state highway at Santa Rosa north of N.A.S.A. to a point on I-59 at or near Nicholson, all in Hancock County.
Mississippi 609 -- Begins on U.S. 90 in Ocean Springs, thence north to I-10 and thence from the north end of the bridge over Bayou Costapia and extends northerly along what is known as the Old Spanish Trail Highway to approximately three-tenths mile south of George-Jackson county line, all in Jackson County.
Mississippi 611 -- Begins at the entrance to H.K. Porter Company, Inc., plant site in the Bayou Cassotte Industrial Area at Station 220-00, thence in a northerly direction for a distance of approximately four miles to intersect U.S. 90 at a point about one mile west of Kreole, thence westerly on U.S. 90 to intersect Chico Road, thence northerly on Chico Road and ends on Mississippi 613 south of Moss Point, all in Jackson County to be designated as Mississippi 613.
Mississippi 612 -- Begins on Mississippi 613 at or near Hathaway's Store, thence in an easterly direction to the Mississippi-Alabama state line, all in George County.
Mississippi 613 -- Begins on U.S. 90 in Pascagoula, Jackson County, thence northerly via Call Town, Bigpoint, Hurley, Harleston and Agricola to Mississippi 198 at Lucedale, George County.
Mississippi 614 -- Begins at Wade on Mississippi 63, thence in an easterly direction to or near Hurley, thence to the Mississippi-Alabama state line, all in Jackson County.
Mississippi 615 -- An east Harrison County connector from U.S. 90 to I-10 to be located between the Cowan-Lorraine Road interchange and the I-110 interchange, thence northerly to relocated/reconstructed Mississippi 67.
Mississippi 617 -- Begins at Litton Industries, Inc., between West Pascagoula River and East Pascagoula River in the City of Pascagoula and extends north to U.S. 90, all in Jackson County.
Mississippi 618 -- Mississippi 613 Spur--Begins on Mississippi 613 in Moss Point and extends east to U.S. 90 at Orange Grove, Jackson County.
Mississippi 619 -- Spur--Extends south to Naval Station, also known as Singing River Island Causeway, all in Jackson County.
Mississippi 621 -- Begins I-10 and extends in a northerly direction to North Swan Road ending on U.S. 49 at or near Lyman, all in Harrison County.
Mississippi 701 -- Begins at the intersection of U.S. 78 with Mulberry Street in the Town of Potts Camp, thence southwesterly along Mulberry Street to Front Street, thence southeasterly along Front Street to Ash Street, thence northerly to Mississippi 178, all in Marshall County.
Mississippi 702 -- Mississippi 5 Spur--Begins on Mississippi 7 and extends east to Michigan City, Benton County.
Mississippi 703 -- Begins at or near Byhalia Cemetery on Mississippi 178 in the north part of the City of Byhalia, thence runs southeasterly down Main Street to Hood's Store on U.S. 78, all in Marshall County.
Mississippi 704 -- Begins on Mississippi 7, thence in an easterly direction, approximately one-half mile to Lamar, Benton County.
Mississippi 705 -- Loop--All in the Town of Hickory Flat off Mississippi 178 in Benton County.
Mississippi 706 -- Spur--Begins on U.S. 49E and extends west to Sidon, Leflore County.
Mississippi 713 -- Mississippi 304 Spur--Extends southwesterly to or near Robinsonville, Tunica County, from Mississippi 304.
Mississippi 714 -- Mississippi 3 Spur--Begins on Mississippi 3 and extends west into Sledge, Quitman County.
Mississippi 716 -- Mississippi 315 Spur--Begins on Mississippi 315 thence west to Quitman-Tunica county line.
Mississippi 718 -- U.S. 51 Spur--Begins on U.S. 51 and extends west to Courtland, Panola County.
Mississippi 720 -- I-55 Connection--Begins on I-55 and extends west to U.S. 51 between Courtland and Pope, Panola County.
Mississippi 722 -- Spur--Begins on U.S. 51 and extends west to Pope, Panola County.
Mississippi 723 -- Begins at a point on Mississippi 32 approximately eight miles northwest of Bruce, Calhoun County, runs north of Gulf Interstate Gas Pumping Station.
Mississippi 724 -- U.S. 51 Spur--Begins on U.S. 51 north of Oakland, Yalobusha County, and extends west into Enid, Tallahatchie County.
Mississippi 725 -- Mississippi 6 Spur--Begins on Mississippi 6 and extends north to Batesville, Panola County.
Mississippi 726 -- U.S. 49 Spur--Begins on U.S. 49 and extends south to Tutwiler, Tallahatchie County.
Mississippi 727 -- Mississippi 32 Connection--Begins on Mississippi 32, Tallahatchie County, and extends east to U.S. 51 in Oakland, Yalobusha County.
Mississippi 728 -- U.S. 49E Spur--Begins on U.S. 49E and extends east into Sumner, Tallahatchie County.
Mississippi 729 -- Begins on U.S. 51 and extends northeasterly to I-55, all in Grenada County.
Mississippi 731 -- Mississippi 35 Connection--Begins on Mississippi 35 in South Kosciusko and extends north to Mississippi 12, all in Attala County.
Mississippi 732 -- Begins on Mississippi 35 approximately three and one-half miles south of Charleston, thence runs in an easterly direction to Camp Tallaha, Tallahatchie County.
Mississippi 733 -- Begins at the junction of Old Taylor-Oxford Road with Mississippi 328 near the railroad overpass southwest of Taylor and extends in a northerly direction approximately one mile to an intersection in Taylor, Lafayette County.
Mississippi 734 -- Spur--Begins on U.S. 49E and extends east into Glendora, Tallahatchie County.
Mississippi 735 -- Mississippi 12 Loop--Begins on Mississippi 12 and extends east and north to Mississippi 12 in Kosciusko, Attala County.
Mississippi 736 -- Begins on Mississippi 35 south of the Yockanookany River, then runs easterly through Williamsville to Mississippi 14, all in Attala County.
Mississippi 737 -- Begins on Mississippi 178 at or near Red Banks, thence through the business district of Red Banks and ends on Mississippi 178, all in Marshall County.
Mississippi 738 -- Mississippi 6 Connection--Begins on Mississippi 6 and extends west to Mississippi 334 in East Oxford, Lafayette County.
Mississippi 739 -- Loop--Begins on Mississippi 12 and extends east and north through Ethel, Attala County, to Mississippi 12.
Mississippi 741 -- Begins at a point at or near Gilliland Hill approximately five miles south of the corporate limits of the City of Kosciusko, Mississippi, thence runs in an easterly direction to Old Mississippi 35, thence in a northerly direction to Texas Eastern Pumping Station, all in Attala County.
Mississippi 743 -- Spur--Begins on U.S. 82 in South Greenwood at U.S. 49E and extends north, all in Leflore County.
Mississippi 744 -- Spur--Begins on U.S. 82 in East Greenwood and extends west on East Stone Street, all in Leflore County.
Mississippi 745 -- Mississippi 182 Connection--Begins on Mississippi 182 and extends southeast to Mississippi 413 in the Town of Kilmichael, all in Montgomery County.
Mississippi 747 -- That portion of Getwell Road from the Mississippi-Tennessee state line south to its intersection with Church Road, all in DeSoto County.
Mississippi 758 -- Mississippi 25 Connection--Begins on Mississippi 25 and extends southwest .310 mile to a local road.
Mississippi 759 -- Mississippi 12 Loop--Begins on Mississippi 12 and extends east and north to Mississippi 12 through Ackerman, all in Choctaw County.
Mississippi 760 -- Mississippi 25 Connection--Begins on Mississippi 25 south of Belmont and extends east to Golden as Mississippi 366, all in Tishomingo County.
Mississippi 761 -- Mississippi 178 Spur--Begins on Mississippi 178 and extends north to Myrtle, all in Union County.
Mississippi 762 -- Mississippi 15 Spur--Begins on Mississippi 15 and extends west to Ingomar, Union County.
Mississippi 763 -- U.S. 82 Connection--Begins on U.S. 82 and extends northwest to Mississippi 15 in Maben, Oktibbeha County.
Mississippi 764 -- Mississippi 9 Spur--Begins on Mississippi 9 in Blue Springs, Union County, and extends north.
Mississippi 765 -- Begins at the Natchez Trace Parkway, runs thence easterly for a distance of approximately 2,800 feet to or near Bland's Store, in the Village of Cumberland, all in Webster County.
Mississippi 766 -- Begins in the Town of Saltillo at Mississippi 363, and runs in a northerly direction to the intersection of Mississippi 145, all in Lee County.
Mississippi 767 -- Begins at the intersection of Ridgeroad and Mississippi 25, Tishomingo County, thence southeasterly along Ridgeroad to the Mississippi-Alabama state line, Itawamba County.
Mississippi 768 -- Begins on Mississippi 15 south of Ackerman, thence in an easterly direction past Choctaw Lake to the 4-H Club Picnic Grounds. This includes a spur past the clubhouse and ends at the picnic grounds, all in Choctaw County.
Mississippi 769 -- Begins at or near the south corporate limits of Tupelo and extends over Old U.S. 45, proceeds to Green Street in Tupelo, through Tupelo on Green Street to the intersection of Green Street and Mississippi 145 near the north corporate limits of Tupelo, all in Lee County.
Mississippi 770 -- Connection--Begins on Mississippi 15 and extends west to the intersection of Mississippi 6 and 9 in the Town of Pontotoc, all in Pontotoc County.
Mississippi 772 -- Mississippi 15 Spur--Begins on Mississippi 15 and extends west to Algoma, Pontotoc County.
Mississippi 773 -- Commences at the intersection of Center Road and Mississippi 2 and extends northeasterly along Center Road for about two miles to its intersection with Peoples Farm to
Market Road, all in Tippah County.
Mississippi 774 -- U.S. 45 Connection--Begins on U.S. 45 and extends east to Mississippi 6 in the Town of Nettleton, Lee/Monroe County.
Mississippi 775 -- Mississippi 12 Spur--Begins on Mississippi 12 and extends east at Mississippi State University in Starkville on Old Mississippi 12, all in Oktibbeha County.
Mississippi 776 -- Begins at the intersection of Old Mississippi 6 and new Mississippi 6, thence runs northeast along Old Mississippi 6 to its intersection with Mississippi 371, all in Monroe County.
Mississippi 777 -- Begins at or near the southern boundary of the Town of Walnut at or near the intersection of old and new Mississippi 15, follows the route of Old Mississippi 15, and runs through the business section of Walnut and in a northerly direction to intersect U.S. 72, all in Tippah County.
Mississippi 778 -- Begins at U.S. 78 in Section 22, Township 8 South, Range 4 East, thence in a southeasterly direction in the vicinity of Old U.S. 78 to intersect U.S. 78, or Mississippi 9, at or near Sherman.
Mississippi 779 -- Spur--Begins on U.S. 72 and extends north to Glen, Alcorn County.
Mississippi 781 -- Mississippi 50 Spur--Begins on Mississippi 50 near Cedar Bluff and extends to State Lime Plant, all in Clay County.
Mississippi 782 -- Mississippi 15 Connection--Begins on Mississippi 15 and extends west in Mantee, Webster County.
Mississippi 784 -- Mississippi 9 Loop--Begins on Mississippi 9 and extends east and north across Mississippi 50 and back to Mississippi 9 in the Town of Walthall, Webster County.
Mississippi 785 -- U.S. 72 Spur--Begins on U.S. 72 in Corinth and extends north on Davis Street and Cass Street to Wick Street, all in Alcorn County.
Mississippi 786 -- Begins at a point on U.S. 45, and runs west at distance of approximately 1.27 miles to the Columbus Air Force Base, all in Lowndes County.
Mississippi 788 -- U.S. 45A Spur--Begins on U.S. 45A and extends east to Artesia, Lowndes County.
Mississippi 789 -- Begins on U.S. 82 and extends southeasterly along Airport Road and Industrial Park Road to Artesia Road, thence northeasterly along Artesia Road to U.S. 45.
Mississippi 790 -- Mississippi 9 Connection--Begins on Mississippi 9 and extends northeast to Mississippi 15 north of Ackerman, Choctaw County.
Mississippi 792 -- Begins on U.S. 45 and extends easterly along Carson Road, for a distance of approximately four and one-half miles to the new Weyerhauser Road, Lowndes County, thence continues south to Mississippi 388 in Noxubee County.
Mississippi 793 -- Mississippi 30 Spur--Begins on Mississippi 30 west of Tishomingo and extends north to Paden, Tishomingo County.
Mississippi 795 -- Mississippi Economic and Community Development Highway Project No. DECD-0044(19)B located from Eka Chemical Plant entrance on Nashville Ferry Road located in Section 11, Township 19 South, Range 18 West, northerly along Nashville Ferry Road until it intersects with Pickensville Road, thence northerly along Pickensville Road (existing and relocated) until it intersects with Yorkville Road, thence east along Yorkville Road to U.S. 69 located in Section 26, Township 18 South, Range 18 West, for a total length of 4.419 miles.
Mississippi 801 -- Begins on Mississippi 27 north of Crystal Springs, Copiah County, thence north to Copiah-Hinds county line. This was Old U.S. 51.
Mississippi 802 -- U.S. 61 Spur--Begins on U.S. 61 and extends northwest into the Town of Alligator, Bolivar County.
Mississippi 804 -- Mississippi 1 Loop--A loop on Mississippi 1 at Gunnison, Bolivar County.
Mississippi 806 -- Begins at the intersection of the south end of new U.S. 49W bypass just south of Isola, thence into Isola to the north end of U.S. 49 bypass, Humphreys County.
Mississippi 808 -- Begins on U.S. 61 in Port Gibson, thence west to Market Street, thence in a northeasterly direction along Market Street, thence to U.S. 61 approximately three-fourths mile north of Port Gibson, all in Claiborne County.
Mississippi 809 -- Industrial access road from the port and industrial area to U.S. 82 in Greenville, Washington County.
Mississippi 810 -- Spur--Begins on U.S. 49W and extends west to Sunflower, Sunflower County.
Mississippi 812 -- Spur--Begins on U.S. 49W and extends north into Ruleville, Sunflower County.
Mississippi 814 -- Begins on Mississippi 1 north of Greenville and extends south to north corporate limits of Greenville as Old Mississippi 1 Business Route, thence extends along North Broadway Street in a southerly direction, to the intersection of U.S. 82 and the south corporate limits of Greenville, thence runs easterly to Mississippi 1, all in Washington County.
Mississippi 816 -- Mississippi 149 Spur--Begins on Mississippi 149 and extends west to Inverness, Sunflower County.
Mississippi 817 -- Mississippi 8 Spur--Begins at Pace and extends north to Mississippi 8, all in Bolivar County.
Mississippi 818 -- U.S. 49E Spur--Begins on U.S. 49E and extends west to Cruger, Holmes County.
Mississippi 819 -- Begins on Mississippi 548 in Hermanville, thence extends northward to Mississippi 18 at Hermanville, Claiborne County.
Mississippi 820 -- Spur--Begins on U.S. 49W and extends west to Drew, Sunflower County.
Mississippi 822 -- Begins four-tenths mile west of the intersection of I-20 and U.S. 80 on West Street and extends east approximately six and two-tenths miles, all in Warren County.
Mississippi 824 -- U.S. 61 Spur--Begins on U.S. 61 and extends west in Anguilla, Sharkey County.
Mississippi 826 -- Begins at a point on Mississippi 14 approximately one mile west of Rolling Fork and runs south to U.S. 61 south of Rolling Fork, all in Sharkey County.
Mississippi 828 -- U.S. 49E Spur--Begins on U.S. 49E and extends west to Yazoo City, Yazoo County.
Mississippi 830 -- U.S. 49 Loop--Begins on U.S. 49 and extends east and north to U.S. 49 at and in Bentonia, Yazoo County.
Mississippi 832 -- Connection--Begins on U.S. 49W and extends into Doddsville, Sunflower County.
Mississippi 834 -- A truck route from Harbor Industrial Park to U.S. 61 north, Warren County.
Mississippi 835 -- Spur--Begins on U.S. 49E and extends north to Tchula, Holmes County.
Mississippi 844 -- U.S. 51 Loop--Begins at I-55 south of Crystal Springs and extends east across U.S. 51 and north to U.S. 51 in Crystal Springs, all in Copiah County.
Mississippi 848 -- Spur--Begins on U.S. 51 in Beauregard and extends south on North Street, all in Copiah County.
Mississippi 850 -- A route from the Wesson Campus of Copiah-Lincoln Junior College directly to U.S. 51, all in Copiah County.
Mississippi 852 -- U.S. 45A Loop--Begins on U.S. 45A in Brooksville and extends south and east to U.S. 45 at Brooksville, all in Noxubee County.
Mississippi 853 -- Begins at the point where Mississippi 16 intersects the gravel road and runs along Sections 35 and 36, Township 11 North, Range 12 East, Neshoba County, and runs south along the section lines between Sections 35 and 36 and between Sections 1 and 2, Township 10 North, Range 12 East, to the intersection of the gravel road with Mississippi 486, all in Neshoba County.
Mississippi 854 -- Begins at its intersection with Mississippi 39 at or near Lizelia and extends easterly approximately three and one-half miles to the United States Naval Auxiliary Air Station, Lauderdale County. The Transportation Commission shall maintain, construct, take over and assume jurisdiction of such highway in the same manner and subject to the same conditions as set out in Sections 65-1-75 and 65-3-3. Such highway shall remain under the jurisdiction of the Transportation Commission for as long as the highway is used to provide access to the United States Naval Auxiliary Air Station or to any other United States government facility.
Mississippi 855 -- Mississippi 890 Connection--Between Mississippi 890 in Bolton and I-20 north of Bolton, Hinds County.
Mississippi 878 -- Mississippi 35 Connection--Begins on Mississippi 35 and extends east and north to Mississippi 35 in Walnut Grove, Leake County.
Mississippi 881 -- U.S. 80 Connection--Begins on U.S. 80 west of Newton and extends southeast approximately two-tenths mile, all in Newton County.
Mississippi 882 -- Loop--Begins on Mississippi 35 and extends west and north to Mississippi 35 at Harperville, Scott County.
Mississippi 883 -- Spur--Begins on U.S. 80 and extends south on Decatur Street, Newton County. Was Old Mississippi 15.
Mississippi 884 -- U.S. 45 Spur--Begins on U.S. 45 and extends south toward Marion, Lauderdale County.
Mississippi 885 -- Mississippi 16 Connection--Begins on Mississippi 16 west of Philadelphia and extends northwest to intersect with Mississippi 15, all in Neshoba County.
Mississippi 886 -- Begins at the intersection of I-55 in the Town of Ridgeland thence runs in an easterly direction to U.S. 51 and Jackson Avenue, all in Madison County.
Mississippi 888 -- Mississippi 13 Spur--Begins on Mississippi 13 and extends west at Roosevelt State Park south of Morton, Scott County.
Mississippi 889 -- I-20 Connection--Begins at the junction of U.S. 80 and Adams Street in Chunky, thence north to I-20, all in Newton County.
Mississippi 890 -- U.S. 80 Connection--Frontage Road Connection at Bolton, Hinds County.
Mississippi 892 -- Mississippi 35 Spur--Begins on Mississippi 35 and extends east to Homewood, Scott County.
Mississippi 894 -- Begins on Mississippi 19 south of Philadelphia near the Neshoba County Hospital and extends in a northeasterly direction to intersect present Mississippi 482 about one and three-tenths miles north of its intersection with Mississippi 16.
Mississippi 895 -- Begins at road intersection with U.S. 11 and 80 near the center of Section 26, Township 7 North, Range 17 East, thence northwesterly, northeasterly and southeasterly through Sections 23, 24, 25 and 26 to intersection of U.S. 11 and U.S. 80 in the northeast quarter of the southeast quarter of Section 25, Township 7 North, Range 17 East, Lauderdale County.
Mississippi 897 -- Begins on Mississippi 496 in Section 11 and continues through Section 13, all in Township 6 North, Range 18 East, to the Mississippi-Alabama state line.
Mississippi 902 -- Mississippi 35 Connection--Begins on Mississippi 35 at Lorena and extends southwest to Mississippi 481 at Burns, all in Smith County.
Mississippi 903 -- Begins on U.S. 84 approximately three miles west of Monticello, thence runs in a northerly direction to Lake Mary Crawford, all in Lawrence County.
Mississippi 904 -- Begins at Lake Lincoln Road, Lincoln County, proceeds easterly to Mississippi 27 at or near Wanilla, Lawrence County.
Mississippi 905 -- Begins at the intersection of Adams Road with U.S. 51, thence west to Wardlaw Road, and thence continues north to Mississippi 24, all in Pike County.
Mississippi 906 -- Begins on U.S. 51 in Summit and runs in an easterly direction to intersect Mississippi 570, all in Pike County.
Mississippi 908 -- A route providing direct access from the interchange at I-55 at or near Summit to Southwest Community College, all in Pike County.
Mississippi 911 -- Begins on Mississippi 24, now Mississippi 33 in South Gloster, and extends northwest on Kahnville Road, Amite County.
Mississippi 913 -- Spur--Begins on Mississippi 24, now Mississippi 33 in East Gloster, and extends west to Liberty Road, Amite County.
Mississippi 915 -- Mississippi 42 and Mississippi 43 Connection--Begins on Jones Street and runs between Mississippi 43 and Mississippi 42, in the Town of New Hebron, Lawrence County.
Mississippi 917 -- Mississippi 18 Loop--Begins at the intersection of Mississippi 18 at or near the Sylvarena Masonic Lodge and makes what is known as the Sylvarena Loop, coming back into Mississippi 18 at or near the residence of Will Houston, all in Smith County.
Mississippi 923 -- Mississippi 584 Spur--Begins on Mississippi 584 in the southeast corner of Amite County east of Gillsburg and extends southeast to the Louisiana-Mississippi state line.
Mississippi 927 -- Spur--Begins on Mississippi 906 east of Summit and extends north to Southwest Community College, Pike County.
Mississippi 928 -- U.S. 65 Spur--Begins on U.S. 65 in Natchez and extends north on Homochitto Street, Adams County.
Mississippi 930 and 932 -- Begin on U.S. 61 North in Adams County, in the vicinity of the weighing scales and proceed therefrom to the intersection of Melrose Avenue and East Franklin Street.
Mississippi 937 -- U.S. 84 Spur--Begins on U.S. 84 in south Prentiss and extends north on Columbia Avenue to the railroad crossing, all in Jefferson Davis County.
Mississippi 938 -- Begins at the northwest corner of new Mississippi Transportation Department District Office site and extends easterly to U.S. 51 approximately forty-five one-hundredths mile north of the north corporate limits of the City of McComb, Pike County.
Mississippi 946 -- Mississippi 24 Spur--Begins on Mississippi 24, now Mississippi 33, Amite County, and extends northwest to Centreville, Wilkinson County.
Mississippi 952 -- Mississippi 513 Spur--Begins on Mississippi 513 and extends north to U.S. 11 in Enterprise, Clarke County.
Mississippi 967 -- U.S. 49 Spur--Begins on Mississippi 42 in north Hattiesburg and extends south on Main Street, all in Forrest County.
Mississippi 969 -- Spur--Begins on U.S. 49 approximately 2.84 miles south of U.S. 11, and extends north on Edwards Street approximately .83 miles, all in Hattiesburg, Forrest County.
Mississippi 992 -- Mississippi 43 Spur--Begins on Mississippi 43 northwest of Picayune and extends south to Picayune, Pearl River County.
SECTION 311. Section 73-36-36, Mississippi Code of 1972, is brought forward as follows:
73-36-36. In addition to the penalties provided under Section 73-36-33 and Section 73-36-35, any person, found by the board to be in violation of this chapter or any rule or regulation of the board, shall be subject to an administrative fine of not more than One Thousand Dollars ($1,000.00) for each violation. The person shall be given at least ten (10) days' written notice and an opportunity for a hearing before the board. If the administrative fine is not paid within ninety (90) days after the date of the board's order, the order shall become a judgment and may be filed and executed. Any person aggrieved of the board's order may appeal the order to the Circuit Court of Hinds County within thirty (30) days after the date of the order of the board is issued. Appeal shall be on the record made before the board.
SECTION 312. Section 55-23-21, Mississippi Code of 1972, is brought forward as follows:
55-23-21. The Building Commission is hereby authorized and empowered, in addition to all other powers and duties of such commission, to enlarge and renovate the Mississippi Veterans Memorial Stadium in order to provide for a modern stadium having a seating capacity of approximately sixty-two thousand seven hundred thirty-one (62,731) persons, such authority to be conditioned upon a contribution by Hinds County, Mississippi, to the Building Commission of a sum of One Million Dollars ($1,000,000.00) for such enlargement and renovation. The parking facilities shall not be extended any farther to the east than as the facilities existed on January 1, 1996. Further, the portion of the state-owned property on which the stadium and parking facilities are located, except the property west of the stadium between the stadium and North West Street, that was undeveloped as of January 1, 1996, shall remain undeveloped unless the Legislature enacts legislation approving the development of such property. The portion of the state-owned property on which the stadium is located that is west of the stadium between the stadium and North West Street may be developed to provide parking facilities for the Mississippi Department of Transportation offices located on North West Street. The Mississippi Veterans Memorial Stadium Commission may take any action authorized in Section 55-23-8 relating to the property described in such section.
SECTION 313. Section 21-29-217, Mississippi Code of 1972, is amended as follows:
21-29-217. Any applicant
for benefits of the disability and relief fund for firemen and policemen, or
any two (2) active members of said fire department, or any two (2) active
members of said police department, being aggrieved at the decision or order of
the board of trustees, may file with the board of trustees and with said board
of disability and relief appeals duplicate copies of a petition for a rehearing
of the matter in which such decision or order was made. Within thirty (30) days
thereafter the board of trustees shall file with said appeal board, true copies
of all papers and documents which were before it, all evidence of record before
it and a statement of all evidence heard by it and not of record, all certified
to be true and correct, whereupon said appeal board shall fix a time for
hearing and shall give the board of trustees and the petitioner or petitioners
for appeal notice of said such time for hearing. When the matter shall come on
for hearing said appeal board shall have before it all papers, statements,
matters and things certified to it by the board of trustees, as well as such
additional evidence and documents as it may hear and receive and upon all of
the same shall hear, consider and decide said matter fully and finally
according to this article and the facts. Said appeal board may cause witnesses
to be sworn by any one (1) of its members, or by any other authority competent
to administer oaths. Said appeal board may meet for all purposes at any time in
the State of Mississippi when all are present, or upon the call of two (2) members
thereof. Said appeal board shall certify its decision to the board of trustees,
and such decision or order shall be final and binding and said fund shall be
disbursed according thereto. Any suit or other action affecting said fund shall
be by or against the board of trustees as custodian of said fund and shall be filed
in the * * * inferior courts of the Capitol Complex
Improvement District.
SECTION 314. Section 39-23-3, Mississippi Code of 1972, is brought forward as follows:
39-23-3. The Mississippi Children's Museum may be located: (a) At the old National Guard Armory located on the Mississippi State Fairgrounds in Jackson, Mississippi, after the repair, renovation, furnishing and equipping of such facility by the Department of Finance and Administration as provided for in Sections 16 through 33 of Chapter 535, Laws of 1997, as amended; (b) In such structure and at such location as shall be submitted by the Board of Directors of the Mississippi Children's Museum, a Mississippi nonprofit corporation, to and approved as an appropriate structure and location by the Department of Finance and Administration, after the repair, renovation, furnishing and equipping of such facility by the Department of Finance and Administration as provided in Sections 16 through 33 of Chapter 535, Laws of 1997, as amended; or
(c) In the building, formerly known as the Mississippi Museum of Natural Science, on land located adjacent to the State Fairgrounds in the City of Jackson, County of Hinds, Mississippi, described more specifically as follows:
Starting at the point of intersection of the
North line of Pearl Street and the West line of
Jefferson Street, run Northerly along the West
line of Jefferson Street a distance of 240 feet
to the point of beginning, an iron pin.
Continue Northerly along the West line of
Jefferson Street for a distance of 257.9 feet to
an iron pin; turn left through an angle of 89 degrees -
57 minutes - 14 seconds and run Westerly for a
distance of 278.9 feet to an iron pin on the east
right-of-way line of the G.M. & O. Railroad; turn
left through an angle of 79 degrees - 29 minutes -
30 seconds and run Southerly along the East right-of-way
of the G.M. & O. Railroad (Said line being a curve
to the left with a radius of 2814.93 feet, chord
definition) for a distance of 260.4 feet to an iron
pipe; turn left through an angle of 95 degrees - 12
minutes - 26 seconds and run Easterly and parallel
with the North line of this tract for a distance of
314.7 feet to the point of beginning.
(d) On certain real property owned by the State of Mississippi and held by the Mississippi Department of Agriculture and Commerce, more particularly described as follows:
39 acres lying in the northeast corner of the
intersection of Mississippi 25 and Interstate 55.
(e) At any location in Hinds County as shall be submitted by the Board of Directors of the Mississippi Children's Museum, a Mississippi nonprofit corporation, to the Department of Finance and Administration and approved as an appropriate location by the Department of Finance and Administration.
SECTION 315. Section 73-30-21, Mississippi Code of 1972, is amended as follows:
73-30-21. (1) The board may, after notice and opportunity for a hearing, suspend, revoke or refuse to issue or renew a license or the privilege to practice or may reprimand the license holder or holder of the privilege to practice, upon a determination by the board that such license holder or holder of the privilege to practice or applicant for licensure or the privilege to practice has:
(a) Been adjudged by any court to be mentally incompetent or have had a guardian of person appointed;
(b) Been convicted of a felony;
(c) Sworn falsely under oath or affirmation;
(d) Obtained a license or certificate or the privilege to practice by fraud, deceit or other misrepresentation;
(e) Engaged in the conduct of professional counseling in a grossly negligent or incompetent manner;
(f) Intentionally violated any provision of this article;
(g) Violated any rules or regulations of the board; or
(h) Aided or assisted another in falsely obtaining a license or the privilege to practice under this article.
With regard to a refusal to issue a privilege to practice, such refusal by the board shall be in accordance with the terms of the Professional Counseling Compact instead of this subsection (1).
(2) Appeals from disciplinary
action are to be brought in the circuit court in the county of residence of the
practitioner. In the event the practitioner resides out of state the appeal should
be brought in * * * inferior courts of the Capitol Complex Improvement
District.
(3) The board may assess and levy upon any licensee, practitioner or applicant for licensure or the privilege to practice the costs incurred or expended by the board in the investigation and prosecution of any licensure, privilege to practice or disciplinary action, including, but not limited to, the costs of process service, court reporters, expert witnesses, investigators and attorney's fees.
(4) No revoked license or privilege to practice may be reinstated within twelve (12) months after such revocation. Reinstatement thereafter shall be upon such conditions as the board may prescribe, which may include, without being limited to, successful passing of the examination required by this article.
(5) A license or privilege to practice certificate issued by the board is the property of the board and must be surrendered on demand.
(6) The chancery court is hereby vested with the jurisdiction and power to enjoin the unlawful practice of counseling and/or the false representation as a licensed counselor in a proceeding brought by the board or any members thereof or by any citizen of this state.
(7) In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or 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. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this article, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 316. Section 9-4-5, Mississippi Code of 1972, is brought forward as follows:
9-4-5. (1) The term of office of judges of the Court of Appeals shall be eight (8) years. An election shall be held on the first Tuesday after the first Monday in November 1994, to elect the ten (10) judges of the Court of Appeals, two (2) from each congressional district; provided, however, judges of the Court of Appeals who are elected to take office after the first Monday of January 2002, shall be elected from the Court of Appeals Districts described in subsection (5) of this section. The judges of the Court of Appeals shall begin service on the first Monday of January 1995.
(2) (a) In order to provide that the offices of not more than a majority of the judges of said court shall become vacant at any one (1) time, the terms of office of six (6) of the judges first to be elected shall expire in less than eight (8) years. For the purpose of all elections of members of the court, each of the ten (10) judges of the Court of Appeals shall be considered a separate office. The two (2) offices in each of the five (5) districts shall be designated Position Number 1 and Position Number 2, and in qualifying for office as a candidate for any office of judge of the Court of Appeals each candidate shall state the position number of the office to which he aspires and the election ballots shall so indicate.
(i) In Congressional District Number 1, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends January 1, 1999, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2003.
(ii) In Congressional District Number 2, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 2003, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2001.
(iii) In Congressional District Number 3, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 2001, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 1999.
(iv) In Congressional District Number 4, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 1999, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2003.
(v) In Congressional District Number 5, the judge of the Court of Appeals for Position Number 1 shall be that office for which the term ends on January 1, 2003, and the judge of the Court of Appeals for Position Number 2 shall be that office for which the term ends January 1, 2001.
(b) The laws regulating the general elections shall apply to and govern the elections of judges of the Court of Appeals except as otherwise provided in Sections 23-15-974 through 23-15-985.
(c) In the year prior to the expiration of the term of an incumbent, and likewise each eighth year thereafter, an election shall be held in the manner provided in this section in the district from which the incumbent Court of Appeals judge was elected at which there shall be elected a successor to the incumbent, whose term of office shall thereafter begin on the first Monday of January of the year in which the term of the incumbent he succeeds expires.
(3) No person shall be eligible for the office of judge of the Court of Appeals who has not attained the age of thirty (30) years at the time of his election and who has not been a practicing attorney and citizen of the state for five (5) years immediately preceding such election.
(4) Any vacancy on the Court of Appeals shall be filled by appointment of the Governor for that portion of the unexpired term prior to the election to fill the remainder of said term according to provisions of Section 23-15-849, Mississippi Code of 1972.
(5) (a) The State of Mississippi is hereby divided into five (5) Court of Appeals Districts as follows:
FIRST DISTRICT. The First Court of Appeals District shall be composed of the following counties and portions of counties: Alcorn, Benton, Calhoun, Chickasaw, Choctaw, DeSoto, Itawamba, Lafayette, Lee, Marshall, Monroe, Pontotoc, Prentiss, Tate, Tippah, Tishomingo, Union, Webster and Yalobusha; in Grenada County the precincts of Providence, Mt. Nebo, Hardy and Pea Ridge; in Montgomery County the precincts of North Winona, Lodi, Stewart, Nations and Poplar Creek; in Panola County the precincts of East Sardis, South Curtis, Tocowa, Pope, Courtland, Cole's Point, North Springport, South Springport, Eureka, Williamson, East Batesville 4, West Batesville 4, Fern Hill, North Batesville A, East Batesville 5 and West Batesville 5; and in Tallahatchie County the precincts of Teasdale, Enid, Springhill, Charleston Beat 1, Charleston Beat 2, Charleston Beat 3, Paynes, Leverette, Cascilla, Murphreesboro and Rosebloom.
SECOND DISTRICT. The Second Court of Appeals District shall be composed of the following counties and portions of counties: Bolivar, Carroll, Claiborne, Coahoma, Holmes, Humphreys, Issaquena, Jefferson, Leflore, Quitman, Sharkey, Sunflower, Tunica, Warren, Washington and Yazoo; in Attala County the precincts of Northeast, Hesterville, Possomneck, North Central, McAdams, Newport, Sallis and Southwest; that portion of Grenada County not included in the First Court of Appeals District; in Hinds County Precincts 11, 12, 13, 22, 23, 27, 28, 29, 30, 40, 41, 83, 84 and 85, and the precincts of Bolton, Brownsville, Cayuga, Chapel Hill, Cynthia, Edwards, Learned, Pine Haven, Pocahontas, St. Thomas, Tinnin, Utica 1 and Utica 2; in Leake County the precincts of Conway, West Carthage, Wiggins, Thomastown and Ofahoma; in Madison County the precincts of Farmhaven, Canton Precinct 2, Canton Precinct 3, Cameron Street, Canton Precinct 6, Bear Creek, Gluckstadt, Smith School, Magnolia Heights, Flora, Virlilia, Canton Precinct 5, Cameron, Couparle, Camden, Sharon, Canton Precinct 1 and Canton Precinct 4; that portion of Montgomery County not included in the First Court of Appeals District; that portion of Panola County not included in the First Court of Appeals District; and that portion of Tallahatchie County not included in the First Court of Appeals District.
THIRD DISTRICT. The Third Court of Appeals District shall be composed of the following counties and portions of counties: Clarke, Clay, Jasper, Kemper, Lauderdale, Lowndes, Neshoba, Newton, Noxubee, Oktibbeha, Rankin, Scott, Smith and Winston; that portion of Attala County not included in the Second Court of Appeals District; in Jones County the precincts of Northwest High School, Shady Grove, Sharon, Erata, Glade, Myrick School, Northeast High School, Rustin, Sandersville Civic Center, Tuckers, Antioch and Landrum; that portion of Leake County not included in the Second Court of Appeals District; that portion of Madison County not included in the Second Court of Appeals District; and in Wayne County the precincts of Big Rock, Yellow Creek, Hiwannee, Diamond, Chaparral, Matherville, Coit and Eucutta.
FOURTH DISTRICT. The Fourth Court of Appeals District shall be composed of the following counties and portions of counties: Adams, Amite, Copiah, Covington, Franklin, Jefferson Davis, Lawrence, Lincoln, Marion, Pike, Simpson, Walthall and Wilkinson; that portion of Hinds County not included in the Second Court of Appeals District; and that portion of Jones county not included in the Third Court of Appeals District.
FIFTH DISTRICT. The Fifth Court of Appeals District shall be composed of the following counties and portions of counties: Forrest, George, Greene, Hancock, Harrison, Jackson, Lamar, Pearl River, Perry and Stone; and that portion of Wayne County not included in the Third Court of Appeals District.
(b) The boundaries of the Court of Appeals Districts described in paragraph (a) of this subsection shall be the boundaries of the counties and precincts listed in paragraph (a) of this subsection as such boundaries existed on October 1, 1990.
SECTION 317. Section 55-23-25, Mississippi Code of 1972, is brought forward as follows:
55-23-25. Upon receipt of a sum of One Million Dollars ($1,000,000.00) from the Board of Supervisors of Hinds County, the Building Commission is authorized at one (1) time or from time to time to petition by resolution to the State Bond Commission for the issuance of negotiable bonds of the State of Mississippi by the State Bond Commission to provide funds for the purpose of paying all or any part of the cost of enlarging and renovating the Mississippi Veterans Memorial Stadium in accordance with the provisions of Sections 55-23-21 through 55-23-43. The amounts of bonds issued shall not exceed an aggregate sum of Three Million Dollars ($3,000,000.00).
The principal of and the interest on such bonds shall be payable from the Mississippi Veterans Memorial Stadium Bond Sinking Fund, hereby created in the State Treasury, in the manner hereinafter set forth. Such bonds shall bear date or dates, be in such denomination or denominations, bear interest at such rate or rates, be payable at such place or places within or without the State of Mississippi, shall mature absolutely at such time or times, be redeemable prior to 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 shall be determined by resolution of the State Bond Commission. Provided, however, that such bonds shall mature or otherwise be retired in annual installments beginning not more than five (5) years from date thereof and extending not more than twenty-five (25) years from date thereof. Such bonds 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 to be attached to such bonds may be executed by the facsimile signatures of said officers. Whenever any such bonds shall have been signed by the officials herein designated to sign the bonds, who were in the office at the time of such signing but who may have ceased to be such officers prior to 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 the delivery of the same to the purchaser, or had been in office on the date such bonds may bear.
SECTION 318. Section 69-5-103, Mississippi Code of 1972, is brought forward as follows:
69-5-103. For the purposes of this article, the State of Mississippi is hereby divided into five (5) livestock show districts, as follows:
(a) The Northwest District, which shall embrace the Counties of Coahoma, DeSoto, Grenada, Lafayette, Marshall, Panola, Quitman, Tallahatchie, Tate, Tunica and Yalobusha Counties. The place for holding the livestock show shall be at Batesville, in Panola County.
(b) The North Delta District, which shall embrace the Counties of Attala, Bolivar, Carroll, Holmes, Humphreys, Issaquena, Leflore, Montgomery, Sharkey, Sunflower and Washington Counties. The place for holding the livestock show shall be at Greenwood, in Leflore County.
(c) The Northeast District, which shall embrace the Counties of Alcorn, Benton, Calhoun, Chickasaw, Choctaw, Clay, Itawamba, Lee, Lowndes, Monroe, Noxubee, Oktibbeha, Pontotoc, Prentiss, Tippah, Tishomingo, Union, Webster and Winston. The place for holding the livestock show shall be at Verona, in Lee County.
(d) The Southwest District, which shall embrace the Counties of Adams, Amite, Claiborne, Copiah, Franklin, Hinds, Jefferson, Lawrence, Leake, Lincoln, Madison, Neshoba, Newton, Pike, Rankin, Scott, Simpson, Smith, Walthall, Warren, Wilkinson and Yazoo. The place for holding the livestock show shall be at Jackson, in Hinds County.
(e) The Southeast District, which shall embrace the Counties of Clarke, Covington, Forrest, George, Greene, Hancock, Harrison, Jackson, Jasper, Jefferson Davis, Jones, Kemper, Lamar, Lauderdale, Marion, Pearl River, Perry, Stone and Wayne. The place for holding the livestock show shall be at Hattiesburg, in Forrest County.
SECTION 319. Section 25-4-107, Mississippi Code of 1972, is amended as follows:
25-4-107. (1) The commission may pursue enforcement of this chapter by means of hearings held before the commission or an independent hearing officer to determine whether a respondent violated the law and, if so, what penalty should be imposed. Hearings shall be conducted according to the Mississippi Rules of Civil Procedure and the Mississippi Rules of Evidence.
(2) Any person aggrieved by
a decision of the commission made pursuant to its hearing procedures may appeal
de novo to the * * * inferior courts of the Capitol Complex
Improvement District and execution of the commission's decision shall be
stayed upon the filing of a notice of appeal.
SECTION 320. Section 83-54-27, Mississippi Code of 1972, is amended as follows:
83-54-27. (1) The commissioner may conduct investigations and/or examinations of insurers and producers to ensure compliance with the provisions of this chapter or any rule, regulation or order hereunder, as well as under any other applicable statutes or regulations.
(2) The commissioner may by order, deny, suspend or revoke an insurer's certificate of authority or a producer's license if the commissioner finds that such insurer or producer has violated any provision of this chapter.
(3) If the commissioner has reason to believe that any person or entity is engaging in any activity that would be a violation of this chapter or any rule promulgated under this chapter, the commissioner may issue an order directing that person or entity to cease and desist from committing the violations, impose a civil penalty for the violations, provide an equitable remedy for past violations, or any combination of these. Such order may be issued without prior notice if the commissioner makes a finding that such order is necessary for the protection of policyholders and that the public health, safety and welfare require the order to be issued without prior notice to affected parties. At any hearing or other proceeding conducted as a result of an order to cease and desist, pursuant to this chapter, the person or entity subject to the order shall be required to show cause why such order should be annulled, modified or confirmed.
(4) Whenever it appears to the commissioner that any person or entity has engaged or is about to engage in an act of practice constituting a violation of any provision of this chapter or any rule, regulation or order hereunder, the commissioner may, in the commissioner's discretion, bring an action in chancery court of any county in this state to enjoin the acts or practices and to enforce compliance with this chapter or any rule, regulation or order hereunder. Upon a proper showing, a permanent or temporary injunction, restraining order, writ of mandamus, disgorgement or other proper equitable relief shall be granted.
(5) Additionally, upon a finding that any person or entity has violated a provision of this chapter, the commissioner may impose a civil penalty of not more than One Thousand Dollars ($1,000.00) for each violation, and may revoke, suspend or decline to renew any license of such person or entity to sell or issue insurance.
(6) Any person aggrieved by
a final order of the commissioner under this chapter may obtain judicial review
of the order in the * * * inferior courts of the Capitol
Complex Improvement District by filing, within thirty (30) days of the
issuance and service of such order, a written petition or complaint praying that
said order be modified or set aside. A copy of such petition shall be served
upon the commissioner, and the commissioner shall file a complete record of the
proceedings with said court, which shall then have jurisdiction of the
proceedings and questions determined therein.
SECTION 321. Section 79-29-819, Mississippi Code of 1972, is amended as follows:
79-29-819. (1) A dissolved limited liability company may publish notice of its dissolution pursuant to this section which requests that persons with claims against the limited liability company present them in accordance with the notice.
(2) The notice must:
(a) Be published one time in a newspaper of general circulation in the county where the dissolved limited liability company's principal office is or was last located, or in Hinds County, Mississippi, if the limited liability company does or did not have a principal office in this state;
(b) Describe the information that must be included in a claim and provide a mailing address where the claim may be sent; and
(c) State that a claim against the limited liability company not otherwise barred will be barred unless a proceeding to enforce the claim is commenced within three (3) years after the latter of the publication of the notice or the filing of a certificate of dissolution with respect to the limited liability company.
(3) If the dissolved limited liability company publishes a newspaper notice in accordance with subsection (2) and files a certificate of dissolution pursuant to Section 79-29-205, the claim of each of the following claimants which is not otherwise barred is barred unless the claimant commences a proceeding to enforce the claim against the dissolved limited liability company within three (3) years after the latter of the publication date of the newspaper notice or the filing of the certificate of dissolution:
(a) A claimant who did not receive written notice under Section 79-29-817;
(b) A claimant whose claim was timely sent to the dissolved limited liability company but not acted on within the three-year period; and
(c) A claimant whose claim is contingent or based on an event occurring after the effective date of dissolution.
(4) A claim may be enforced under this section:
(a) Against the dissolved limited liability company, to the extent of its undistributed assets; or
(b) If the assets have been distributed in liquidation, against a member of the dissolved limited liability company to the extent of the member's pro rata share of the claim or the assets of the limited liability company distributed to the member in liquidation, whichever is less, but a member's total liability for all claims under this section may not exceed the total amount of assets distributed to the member, subject to Section 79-29-611(1).
SECTION 322. Section 79-4-14.07, Mississippi Code of 1972, is brought forward as follows:
79-4-14.07. (a) A dissolved corporation may also publish notice of its dissolution and request that persons with claims against the dissolved corporation present them in accordance with the notice.
(b) The notice must:
(1) Be published one (1) time in a newspaper of general circulation in the county where the dissolved corporation's principal office (or, if none in this state, its registered office) is or was last located;
(2) Describe the information that must be included in a claim and provide a mailing address where the claim may be sent; and
(3) State that a claim against the dissolved corporation will be barred unless a proceeding to enforce the claim is commenced within three (3) years after the publication of the notice.
(c) If the dissolved corporation publishes a newspaper notice in accordance with subsection (b), the claim of each of the following claimants is barred unless the claimant commences a proceeding to enforce the claim against the dissolved corporation within the lesser of three (3) years after the publication date of the newspaper notice, or any other applicable limitations period established by applicable law:
(1) A claimant who was not given written notice under Section 79-4-14.06;
(2) A claimant whose claim was timely sent to the dissolved corporation but not acted on;
(3) A claimant whose claim is contingent or based on an event occurring after the effective date of dissolution.
(d) A claim that is not barred by Section 79-4-14.06(c) or subsection (c) of this section may be enforced:
(1) Against the dissolved corporation, to the extent of its undistributed assets; or
(2) Except as provided in Section 79-4-14.08(d), if the assets have been distributed in liquidation, against a shareholder of the dissolved corporation to the extent of the shareholder's pro rata share of the claim or the corporate assets distributed to the shareholder in liquidation, whichever is less, but a shareholder's total liability for all claims under this section may not exceed the total amount of assets distributed to the shareholder.
SECTION 323. Section 79-14-807, Mississippi Code of 1972, is brought forward as follows:
79-14-807. (a) A dissolved limited partnership may publish notice of its dissolution and request persons having claims against the partnership to present them in accordance with the notice.
(b) A notice under subsection (a) must:
(1) Be published at least once in a newspaper of general circulation in the county in this state in which the dissolved limited partnership's principal office is located or, if the principal office is not located in this state, in Hinds County, Mississippi;
(2) Describe the information required to be contained in a claim, state that the claim must be in writing, and provide a mailing address to which the claim is to be sent;
(3) State that a claim against the partnership is barred unless an action to enforce the claim is commenced not later than three (3) years after publication of the notice; and
(4) Unless the partnership has been throughout its existence a limited liability limited partnership, state that the barring of a claim against the partnership will also bar any corresponding claim against any general partner or person dissociated as a general partner which is based on Section 79-14-404.
(c) If a dissolved limited partnership publishes a notice in accordance with subsection (b), the claim of each of the following claimants is barred unless the claimant commences an action to enforce the claim against the partnership not later than three (3) years after the publication date of the notice:
(1) A claimant that did not receive notice in a record under Section 79-14-806;
(2) A claimant whose claim was timely sent to the partnership but not acted on; and
(3) A claimant whose claim is contingent at, or based on an event occurring after, the date of dissolution.
(d) A claim not barred under this section or Section 79-14-806 may be enforced:
(1) Against the dissolved limited partnership, to the extent of its undistributed assets;
(2) Except as otherwise provided in Section 79-14-808, if assets of the partnership have been distributed after dissolution, against a partner or transferee to the extent of that person's proportionate share of the claim or of the partnership's assets distributed to the partner or transferee after dissolution, whichever is less, but a person's total liability for all claims under this paragraph may not exceed the total amount of assets distributed to the person after dissolution; and
(3) Against any person liable on the claim under Sections 79-14-404 and 79-14-607.
SECTION 324. Section 37-101-292, Mississippi Code of 1972, is amended as follows:
37-101-292. (1) Within the limits of the funds available to the Mississippi Transportation Commission for such purpose, the Executive Director of the Mississippi Department of Transportation may pay a stipend to contractual services employees for educational expenses such as tuition, books and related fees to pursue junior or senior undergraduate level year coursework toward a bachelor's degree in civil engineering or graduate level coursework toward a master's degree in civil engineering to those applicants deemed qualified. It is the intent of the Legislature that such an educational program shall be used as a method of encouraging recruitment of well-qualified civil engineers for employment with the Mississippi Department of Transportation.
(2) (a) In order to be eligible for this program an undergraduate participant must:
(i) Have successfully obtained a minimum of fifty-eight (58) semester hours toward a bachelor of science in civil engineering from a state institution of higher learning that has been fully accredited by the Accreditation Board of Engineering and Technology;
(ii) Have achieved a minimum grade point average of 2.75 on a 4.0 scale on the previously obtained semester hours toward a bachelor of science in civil engineering; and
(iii) Agree to work as a civil engineer at the Mississippi Department of Transportation for a period of time equivalent to the period of time for which the applicant receives a stipend for educational expenses calculated to the nearest whole month.
(b) In order to be eligible for this program a graduate participant must:
(i) Have obtained a bachelor of science in civil engineering from a state institution of higher learning that has been fully accredited by the Accreditation Board of Engineering and Technology;
(ii) Have met the regular admission standards and been accepted into a master of science in civil engineering program at a state institution of higher learning that has been fully accredited by the Accreditation Board of Engineering and Technology;
(iii) Have submitted a proposed graduate program thesis project for review by the Department of Transportation; and
(iv) Agree to work as a civil engineer at the Mississippi Department of Transportation for a period of time equivalent to the period of time for which the applicant receives a stipend for educational expenses calculated to the nearest whole month.
(3) (a) Each participant shall enter into a contract with the Mississippi Transportation Commission, which shall be deemed a contract with the State of Mississippi, agreeing to the terms and conditions upon which the stipend shall be granted to him. The contract shall include such terms and provisions necessary to carry out the full purpose and intent of this section. The form of such contract shall be prepared and approved by the Attorney General of this state, and shall be signed by the Executive Director of the Mississippi Department of Transportation and the recipient. If the recipient is a minor, his minority disabilities shall be removed by a chancery court of competent jurisdiction before the contract is signed.
(b) The Mississippi Transportation Commission may cancel any contract made between it and any participant upon such cause being deemed sufficient by the executive director.
(c) The Mississippi Transportation Commission is vested with full and complete authority and power to sue in its own name any recipient for any balance due the state on any such uncompleted contract, which suit shall be filed and handled by the Attorney General of the state. The Mississippi Transportation Commission may contract with a collection agency or banking institution, subject to approval by the Attorney General, for collection of any balance due the state from any recipient. The State of Mississippi, the Mississippi Transportation Commission and the Mississippi Department of Transportation and its employees are immune from any suit brought in law or equity for actions taken by the collection agency or banking institution incidental to or arising from their performance under the contract. The Mississippi Transportation Commission may negotiate for the payment of a sum that is less than full payment in order to satisfy any balance the recipient owes the state, if necessary or advisable.
(d) Notice of pending default status shall be mailed to the recipient at the last known address prior to commencing a lawsuit.
(e) The sponsoring agency shall conduct a hearing of pending default status, make a final determination, and issue an Order of Default, if appropriate.
(f) Recipients may appear either personally or by counsel, or both, and produce and cross-examine witnesses or evidence in the recipient's behalf. The procedure of the hearing shall not be bound by the Mississippi Rules of Civil Procedure and Evidence.
(g) Appeals from a finding
of default by the sponsoring agency shall be to the * * * inferior
courts of the Capitol Complex Improvement District.
(h) Rules and regulations governing this program and other applicable matters may be promulgated by the sponsoring agency.
SECTION 325. Section 81-25-171, Mississippi Code of 1972, is amended as follows:
81-25-171. (1) If the commissioner finds that any of the factors set forth in Section 81-25-167 are true with respect to any foreign bank which is licensed to establish and maintain a Mississippi state branch or Mississippi state agency and that it is necessary for the protection of the interests of the creditors of such foreign bank's business in the State of Mississippi or for the protection of the public interest that he or she take immediate possession of the property and business of the foreign bank, the commissioner may by order forthwith take possession of the property and business of the foreign bank in the State of Mississippi and retain possession until the foreign bank resumes business in the State of Mississippi or is finally liquidated. The foreign bank may, with the consent of the commissioner resume business in the State of Mississippi upon such conditions as the commissioner may prescribe by regulation or order.
(2) At any time within ten
(10) days after the commissioner has taken possession of the property and business
of a foreign bank pursuant to subsection (1) of this section, such foreign bank
may petition the * * * inferior courts of the
Capitol Complex Improvement District for an order requiring the
commissioner to show cause why he or she should not be enjoined from continuing
such possession. The court may, upon good cause being shown, direct the commissioner
to refrain from further proceedings and to surrender such possession. The
judgment of the court may be appealed by the commissioner or by the foreign bank
in the manner provided by law for appeals from a judgment of Chancery Court of
the State of Mississippi. Where the commissioner appeals the judgment of the court,
such appeal shall operate as a stay of the judgment and a reinstatement of the
commissioner’s possession. The commissioner shall not be required to post any
bond.
(3) Whenever the commissioner takes possession of the property and business of a foreign bank pursuant to subsection (1) of this section, he or she shall conserve or liquidate the property and business of such foreign bank pursuant to the laws of the State of Mississippi as if the foreign bank were a Mississippi state bank, with absolute preference and priority given to the creditors of such foreign bank arising out of transactions with, and recorded on the books of, its Mississippi state branch or Mississippi state agency over the creditors of such foreign bank's offices located outside the State of Mississippi.
(4) When the commissioner has completed the liquidation of the property and business of a foreign bank, the commissioner shall transfer any remaining assets to such foreign bank in accordance with such orders as the court may issue. However, in case the foreign bank has an office in another state of the United States which is in liquidation and the assets of such office appear to be insufficient to pay in full the creditors of that office, the court shall order the commissioner to transfer to the liquidator of that office such amount of any such remaining assets as appears to be necessary to cover such insufficiency; if there are two (2) or more such offices and the amount of remaining assets is less than the aggregate amount of insufficiencies with respect to the offices, the court shall order the commissioner to distribute the remaining assets among the liquidators of such offices in such manner as the court finds equitable.
SECTION 326. Section 83-5-43, Mississippi Code of 1972, is amended as follows:
83-5-43. (1) Any person required by an order of the commissioner under Section 83-5-41 to cease and desist from engaging in any unfair method of competition or any unfair or deceptive act or practice defined in Section 83-5-35 may obtain a review of such order by filing in the Circuit Court of Hinds County, within thirty (30) days from the date of the service of such order, a written petition praying that the order of the commissioner be set aside. A copy of such petition shall be forthwith served upon the commissioner, and thereupon the commissioner forthwith shall certify and file in such court a transcript of the entire record in the proceeding, including all the evidence taken and the report and order of the commissioner. Upon such filing of the petition and transcript, such court shall have jurisdiction of the proceeding and of the question determined therein, shall determine whether the filing of such petition shall operate as a stay of such order of the commissioner, and shall have power to make and enter upon the pleadings, evidence, and proceedings set forth in such transcript a judgment modifying, affirming, or reversing the order of the commissioner, in whole or in part. The findings of the commissioner as to the facts, if supported by substantial evidence, shall be conclusive.
(2) To the extent that the order of the commissioner is affirmed, the court shall thereupon issue its own order commanding obedience to the terms of such order of the commissioner. If either party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the commissioner, the court may order such additional evidence to be taken before the commissioner and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. The commissioner may modify his findings of fact or make new findings by reason of the additional evidence so taken; and he shall file such modified or new findings which, if supported by substantial evidence, shall be conclusive, and his recommendations, if any, for the modification or setting aside of his original order, with the return of such additional evidence.
(3) A cease and desist order issued by the commissioner under Section 83-5-41 shall become final:
(a) Upon the completion of the time allowed for filing a petition for review if no such petition has been duly filed within such time; except that the commissioner may thereafter modify or set aside his order to the extent provided in Section 83-5-41(2); or
(b) Upon the final decision of the court if the court directs that the order of the commissioner be affirmed or the petition for review dismissed.
(4) No order of the commissioner under Sections 83-5-29 through 83-5-51 or order of a court to enforce the same shall in any way relieve or absolve any person affected by such order from any liability under any other laws of this state.
SECTION 327. Section 25-11-11, Mississippi Code of 1972, is amended as follows:
25-11-11. (1) Each political subdivision of the state and each instrumentality of the state or of a political subdivision, or of both, is hereby authorized to submit for approval by the board a plan for extending the benefits of this article, in conformity with applicable federal law, to employees of any such political subdivision or instrumentality. Each such plan or any amendment thereof shall be approved by the board if it finds that such plan, or such plan as amended, is in conformity with such requirements as are provided in regulations of the board, except that no such plan shall be approved unless:
(a) It is in conformity with the requirements of the applicable federal law and with the agreement entered into under Section 25-11-7;
(b) It provides that all services which constitute employment as defined in Section 25-11-5 and are performed in the employ of the political subdivision or instrumentality, by any employees thereof, shall be covered by the plan; except that it may exclude services performed by individuals to whom Section 218(C)(3)(c) of the Social Security Act is applicable;
(c) It specifies the source or sources from which the funds necessary to make the payments required by paragraph (a) of subsection (3) and by subsection (4) are expected to be derived and contains reasonable assurance that such sources will be adequate for such purpose;
(d) It provides for such methods of administration of the plan by the political subdivision or instrumentality as are found by the board to be necessary for the proper and efficient administration thereof;
(e) It provides that the political subdivision or instrumentality will make such reports, in such form and containing such information, as the board may from time to time require, and comply with such provisions as the board or the Secretary of Health and Human Services may from time to time find necessary to assure the correctness and verification of such reports; and
(f) It authorizes the board to terminate the plan in its entirety in the discretion of the board if it finds that there has been a failure to comply substantially with any provision contained in such plan, such determination to take effect at the expiration of such notice and on such conditions as may be provided by regulations of the board and as may be consistent with applicable federal law.
(2) The board shall not
finally refuse to approve a plan submitted under subsection (1) and shall not
terminate an approved plan, without reasonable notice and opportunity for hearing
to each political subdivision or instrumentality affected thereby. The board's
decision in any such case shall be final, conclusive, and binding unless an appeal
be taken by the political subdivision or instrumentality aggrieved thereby to
the * * * inferior courts of the Capitol Complex
Improvement District in accordance with the provisions of law with respect
to review of civil cause by certiorari.
(3) (a) Each political subdivision or instrumentality as to which a plan has been approved under this section shall pay into the contribution fund, with respect to wages (as defined in Section 25-11-5 of this article,) at such time or times as the board may by regulation prescribe, contributions in the amounts and at the rates specified in the applicable agreement entered into by the board under Section 25-11-7.
(b) Every political subdivision or instrumentality required to make payments under paragraph (a) of this subsection is authorized, in consideration of the employees' retention in, or entry upon, employment after enactment of this article, to impose upon its employees, as to services which are covered by an approved plan, a contribution with respect to wages (as defined in Section 25-11-5 of this article), not exceeding the amount of tax which would be imposed by the Federal Insurance Contributions Act if such services constituted employment within the meaning of that act, and to deduct the amount of such contribution from the wages as and when paid. Contributions so collected shall be paid into the contribution fund in partial discharge of the liability of such political subdivision or instrumentality under paragraph (a) of this subsection. Failure to deduct such contribution shall not relieve the employee or employer of liability therefor.
(4) Any state agency, school, political subdivision, instrumentality or any employer that is required to submit contribution payments or wage reports under any section of this chapter shall be assessed interest on delinquent payments or wage reports as determined by the board of trustees and such assessed interest may be recovered by action in a court of competent jurisdiction against such reporting agency liable therefor or may, upon due certification of delinquency and at the request of the board, be deducted from any other monies payable to such reporting agency by any department or agency of the state.
(5) Referenda and certification. The Governor is empowered to authorize a referendum, upon request of the governing body of a political subdivision or juristic entity of the state and to designate any agency or individual to supervise its conduct, in accordance with the requirements of Section 218(d)(3) of the Social Security Act, on the question of whether service in positions covered by a retirement system established by a political subdivision or juristic entity of the state should be excluded from or included under an agreement under this article. The notice of referendum required by Section 218(d)(3)(C) of the Social Security Act to be given to employees shall contain or shall be accompanied by a statement, in such form and such detail as the agency or individual designated to supervise the referendum shall deem necessary and sufficient, to inform the employees of the rights which will accrue to them and their dependents and survivors, and the liabilities to which they will be subject, if their services are included under an agreement under this article.
(6) Only those persons may be allowed to vote in the referendum who are actually employed in the employment which occasioned their membership in their retirement system at the time that the referendum is offered, and a majority of the members so qualified to vote must vote in favor of the referendum in order for it to become effective.
(7) In the event of a negative vote in the referendum, no additional referendum may be held within a period of less than one (1) year; and in the event of an affirmative vote of the referendum, their agreement must be executed with the Public Employees' Retirement System of Mississippi to cover such employees within six (6) months after the affirmative vote has been determined in the referendum.
(8) Upon receiving evidence satisfactory to him that, with respect to any such referendum, the conditions specified in Section 218(d)(3) of the Social Security Act have been met, the Governor shall so certify to the Secretary of Health and Human Services.
SECTION 328. Section 41-29-187, Mississippi Code of 1972, is amended as follows:
41-29-187. (1) Attorneys for the Mississippi Bureau of Narcotics, by and through the Director of the Mississippi Bureau of Narcotics, are authorized to seek judicial subpoenas to require any person, firm or corporation in the State of Mississippi to produce for inspection and copying business records and other documents which are relevant to the investigation of any felony violation of the Uniform Controlled Substances Law of the State of Mississippi. The production of the designated documents shall be at the location of the named person's, firm's or corporation's principal place of business, residence or other place at which the person, firm or corporation agrees to produce the documents. The cost of reproducing the documents shall be borne by the bureau at prevailing rates. At the conclusion of the investigation and any related judicial proceedings, the person, firm or corporation from whom the records or documents were subpoenaed shall, upon written request, be entitled to the return or destruction of all copies remaining in the possession of the bureau.
(2) The bureau is
authorized to make an ex parte and in camera application to the county or
circuit court of the county in which such person, firm or corporation resides
or has his principal place of business, or if the person, firm or corporation
is absent or a nonresident of the State of Mississippi, to the * * * inferior
courts of the Capitol Complex Improvement District. On application of the
county or circuit court, a subpoena duces tecum shall be issued only upon a showing
of probable cause that the documents sought are relevant to the investigation
of a felony violation of the Uniform Controlled Substances Law or may
reasonably lead to the discovery of such relevant evidence. Nothing contained
in this section shall affect the right of a person to assert a claim that the information
sought is privileged by law. Such application to the court shall be in writing
and accompanied by a sworn affidavit from an agent of the Bureau of Narcotics which
sets forth facts which the court shall consider in determining that probable
cause exists.
(3) Any person, firm or corporation complying in good faith with a judicial subpoena issued pursuant to this section shall not be liable to any other person, firm or corporation for damages caused in whole or in part by such compliance.
(4) Documents in the possession of the Mississippi Bureau of Narcotics gathered pursuant to the provisions of this section and subpoenas issued by the court shall be maintained in confidential files with access limited to prosecutorial and other law enforcement investigative personnel on a "need to know" basis and shall be exempt from the provisions of the Mississippi Public Records Act of 1983, except that upon the filing of an indictment or information, or upon the filing of an action for forfeiture or recovery of property, funds or fines, such documents shall be subject to such disclosure as may be required pursuant to the applicable statutes or court rules governing the trial of any such judicial proceeding.
(5) The circuit or county judge shall seal each application and affidavit filed and each subpoena issued after service of said subpoena. The application, affidavit and subpoena may not be disclosed except in the course of a judicial proceeding. Any unauthorized disclosure of a sealed subpoena, application or affidavit shall be punishable as contempt of court.
(6) No person, including the Director of the Mississippi Bureau of Narcotics, an agent or member of his staff, prosecuting attorney, law enforcement officer, witness, court reporter, attorney or other person, shall disclose to an unauthorized person documents gathered by the bureau pursuant to the provisions of this section, nor investigative demands and subpoenas issued and served, except that upon the filing of an indictment or information, or upon the filing of an action for forfeiture or recovery of property, funds or fines, or in other legal proceedings, the documents shall be subject to such disclosure as may be required pursuant to applicable statutes and court rules governing the trial of any such judicial proceeding. In the event of an unauthorized disclosure of any such documents gathered by the Mississippi Bureau of Narcotics pursuant to the provisions of this section, the person making any such unauthorized disclosure shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or imprisonment of not more than six (6) months, or by both such fine and imprisonment.
(7) No person, agent or employee upon whom a subpoena is served pursuant to this section shall disclose the existence of said subpoena or the existence of the investigation to any person unless such disclosure is necessary for compliance with the subpoena. Any person who willfully violates this subsection shall be guilty of a misdemeanor and may be confined in the county jail, for a period not to exceed one (1) year, or fined not more than Ten Thousand Dollars ($10,000.00), or both.
SECTION 329. Section 29-3-157, Mississippi Code of 1972, is brought forward as follows:
29-3-157. All powers of the authority shall be exercised by a board of trustees to be selected and composed as follows:
(a) There shall be five (5) members of the board of trustees. One (1) member shall be appointed by the board of supervisors to serve one (1) year and four (4) members shall be appointed by the county board of education, one (1) of whom shall serve two (2) years, one (1) of whom shall serve three (3) years, one (1) of whom shall serve four (4) years, and one (1) of whom shall serve five (5) years after June 30, 1973; provided, however, that in the event any part of the sixteenth section, or lands granted in lieu thereof, to be developed by the authority is located within the corporate limits of any municipal separate school district, then the aforesaid two (2) members of the authority serving an initial term of three (3) and five (5) years shall be appointed by the trustees of the municipal separate school district. The terms of office of the respective members shall expire June 30 of each year, and after their initial term, each member shall be appointed to a term of five (5) years or until his successor has been appointed and has accepted. The Superintendent of the Hinds County School Board shall be an ex officio member of the board and shall act as chairman thereof. The member of the authority serving the initial five-year term shall be the secretary of the board of trustees. In the event a vacancy occurs, the appointment or the unexpired term shall be made in the same manner as provided for the original appointment.
(b) Members of the board of trustees of the authority may succeed themselves upon reappointment by a two-thirds (2/3) vote of the appointing authority.
(c) No member shall be appointed as a trustee who is not a qualified elector and bona fide resident of the county.
(d) Each member of the board of trustees shall take and subscribe to the general oath of office required by Section 268 of the Constitution of the State of Mississippi before the chancery clerk of the county in which the authority is created that he will faithfully discharge the duties of the office, which oath shall be filed with the said clerk and by him preserved.
(e) Each trustee not being paid for the day of the meeting by a political subdivision of the state shall receive not more than Twenty-two Dollars and Fifty Cents ($22.50) per diem while actually performing the business of the authority and Ten Cents (10¢) per mile for distance traveled while actually on the business of the authority. Provided, however, that the compensation herein authorized shall apply for not more than fourteen (14) days per member during any calendar year.
SECTION 330. Section 41-11-11, Mississippi Code of 1972, is brought forward as follows:
41-11-11. (1) From and after July 1, 1989, the Kuhn Memorial State Hospital at Vicksburg, the South Mississippi State Hospital at Laurel, and the Matty Hersee Hospital at Meridian shall be closed, and the Legislature shall not appropriate any funds for the operation of those hospitals after that date. For each such hospital for which title to the hospital buildings and the land upon which they are located remains in the State of Mississippi after closure of the hospital, except for any part thereof which has been previously leased to a political subdivision or which is used by another state agency or department, the Governor's Office of General Services, Bureau of Building, Grounds and Real Property Management, shall be authorized to sell and transfer title to each of such hospital buildings and such land to any individual, corporation or other entity for an amount not less than the fair market value thereof as determined by three (3) real estate appraisers. However, prior to any such sale, the Office of General Services shall publish notice of its intention to sell the same in a newspaper of general circulation in the county in which the property is located and in Hinds County, Mississippi, and in such publication shall solicit requests for proposals for the use of such property by agencies, departments or political subdivisions of the State of Mississippi. If proposals are received, the Office of General Services shall review the proposals to determine if any proposed use of the property, both real and personal, will reasonably be used to provide a needed service not presently provided by the State of Mississippi or by a political subdivision thereof. If the Office of General Services determines that such needed service may be provided by another state agency, department or political subdivision, it shall transfer title to the real and personal property, as may be needed, to such agency, department or political subdivision subject to any leases or uses of the property by another state agency, department or political subdivision. If no proposals are received, the Office of General Services may proceed with the sale of the property as provided above in this subsection. The Office of General Services shall submit to the Governor and the Legislature a copy of all proposals received and a detailed statement and explanation of its decision to transfer or not transfer such property no later than October 1, 1989. Any funds received from the sale of such buildings and land shall be paid into the State General Fund.
(2) Any equipment and supplies of such hospitals which cannot be used by any transferee agency, department or political subdivision and which may be used by the University Medical Center or any other agency or institution of the state shall be offered to the Medical Center and other state agencies and institutions, and may be given to any such agency or institution desiring the same upon request, at no charge. If the same equipment or supplies are requested by more than one (1) agency or institution, the State Fiscal Management Board shall determine which agency or institution will be given the equipment or supplies being requested. Any equipment and supplies remaining after being offered to the state agencies and institutions shall be sold by the Fiscal Management Board after advertising for bids thereon. Any funds received from the sale of such equipment and supplies shall be paid into the State General Fund.
(3) None of such hospitals shall admit any person as an inpatient into the hospital after June 15, 1989. Each of the hospitals shall make every effort to locate and make arrangements with hospitals or other appropriate institutions to provide treatment and care to any patients who will continue to need treatment and care after June 30, 1989.
(4) Any monies owed to such hospitals but not collected by June 30, 1989, including, but not limited to payments from Medicare, health or hospitalization insurance, other third parties, or from the patient or his family or estate, shall be paid to the Fiscal Management Board, which shall transfer all such monies received into the State General Fund. Any valid debts or other obligations of such hospitals incurred before July 1, 1989, which have not been paid or finally satisfied by June 30, 1989, including any that were not billed to the hospitals until after June 30, 1989, shall remain an obligation of the state and shall be paid by the Fiscal Management Board from funds appropriated for such purpose. Any ending cash balance of any such hospital on June 30, 1989, shall be applied to payment of any indebtedness or other obligations of that hospital before any other funds are used for such purpose.
SECTION 331. Section 5-8-17, Mississippi Code of 1972, is brought forward as follows:
5-8-17. (1) In addition to any other penalty permitted by law, the Secretary of State shall require any person who fails to file a report as required under Sections 5-8-1 through 5-8-19 of this chapter, or who shall file a report which fails to comply with the material particulars of Sections 5-8-1 through 5-8-19 of this chapter or any rules, regulations or procedures implemented pursuant to Sections 5-8-1 through 5-8-19 of this chapter, to be assessed a civil penalty as follows:
(a) Within five (5) calendar days after any deadline for filing a report pursuant to Sections 5-8-1 through 5-8-19 of this chapter, the Secretary of State shall compile a list of those lobbyists and lobbyists' clients who have failed to file a required report. The Secretary of State shall provide each lobbyist or lobbyist's client who has failed to file such a report notice of such failure by certified mail.
(b) Beginning with the tenth calendar day after which any report shall be due, the Secretary of State shall assess the delinquent lobbyist and delinquent lobbyist's client a civil penalty of Fifty Dollars ($50.00) per day and part of any day until a valid report is delivered to the Secretary of State, up to a maximum of ten (10) days. However, in the discretion of the Secretary of State, the assessing of such fine may be waived if the Secretary of State shall determine that unforeseeable mitigating circumstances, such as the health of the lobbyist, shall interfere with timely filing of a required report.
(c) Filing of the required report and payment of the fine within ten (10) calendar days of notice by the Secretary of State that a required statement has not been filed constitutes compliance with Sections 5-8-1 through 5-8-19 of this chapter.
(d) Payment of the fine without filing the required report does not in any way excuse or exempt any person required to file from the filing requirements of Sections 5-8-1 through 5-8-19 of this chapter.
(2) (a) Upon the sworn application of a lobbyist or lobbyist's client against whom a civil penalty has been assessed pursuant to subsection (1), the Secretary of State shall forward the application to the Mississippi Ethics Commission. The commission shall fix a time and place for a hearing and shall cause a written notice specifying the civil penalties that have been assessed against the lobbyist or lobbyist's client and notice of the time and place of the hearing to be served upon the lobbyist or lobbyist's client at least twenty (20) calendar days prior to the hearing date. Such notice may be served by mailing a copy thereof by certified mail, postage prepaid, to the last known business address of the lobbyist or lobbyist's client.
(b) The commission is authorized to issue subpoenas for the attendance of witnesses and the production of books and papers at such hearing. Process issued by the commission shall extend to all parts of the state and shall be served by any person designated by the commission for such service.
(c) The lobbyist or lobbyist's client shall have the right to appear either personally or by counsel, or both, to produce witnesses or evidence in his behalf, to cross-examine witnesses and to have subpoenas issued by the commission.
(d) A hearing officer shall be appointed by the commission to conduct the hearing. At the hearing, the hearing officer shall administer oaths as may be necessary for the proper conduct of the hearing. All hearings shall be conducted by the commission, who shall not be bound by strict rules of procedure or by the laws of evidence in the conduct of the proceedings, but the determination shall be based upon sufficient evidence to sustain it.
(e) Where, in any proceeding before the commission, any witness fails or refuses to attend upon a subpoena issued by the commission, refuses to testify, or refuses to produce any books and papers the production of which is called for by a subpoena, the attendance of such witness, the giving of his testimony or the production of the books and papers shall be enforced by any court of competent jurisdiction of this state in the manner provided for the enforcement of attendance and testimony of witnesses in civil cases in the courts of this state.
(f) Within fifteen (15) calendar days after conclusion of the hearing, the commission shall reduce its decision to writing and forward an attested true copy thereof to the last known business address of the lobbyist or lobbyist's client by way of United States first-class, certified mail, postage prepaid.
(3) (a) The right to appeal from the decision of the commission in an administrative hearing concerning the assessment of civil penalties authorized pursuant to this section is hereby granted. Such appeal shall be to the Circuit Court of Hinds County and shall include a verbatim transcript of the testimony at the hearing. The appeal shall be taken within thirty (30) calendar days after notice of the decision of the commission following an administrative hearing. The appeal shall be perfected upon filing notice of the appeal and by the prepayment of all costs, including the cost of the preparation of the record of the proceedings by the commission, and the filing of a bond in the sum of Two Hundred Dollars ($200.00), conditioned that if the decision of the commission be affirmed by the court, the lobbyist or lobbyist's client will pay the costs of the appeal and the action in court. If the decision is reversed by the court, the Secretary of State will pay the costs of the appeal and the action in court.
(b) If there is an appeal, such appeal shall act as a supersedeas. The court shall dispose of the appeal and enter its decision promptly. The hearing on the appeal may be tried in vacation, in the court's discretion. The scope of review of the court shall be limited to a review of the record made before the commission to determine if the action of the commission is unlawful for the reason that it was (i) not supported by substantial evidence, (ii) arbitrary or capricious, (iii) beyond the power of the commission to make, or (iv) in violation of some statutory or constitutional right of the appellant. The decision of the court may be appealed to the Supreme Court in the manner provided by law.
(4) If, after forty-five (45) calendar days of the date of the administrative hearing procedure set forth in subsection (2), the lobbyist or lobbyist's client shall not file a valid report as required by law, the commission shall notify the Attorney General of the delinquency. The Attorney General shall investigate said offense in accordance with the provisions of this chapter.
SECTION 332. Section 25-4-21, Mississippi Code of 1972, is amended as follows:
25-4-21. (1) Upon receipt of a complaint that complies with Section 25-4-19, the commission shall authorize a confidential investigation of the complaint. Upon completion of the investigation, the commission shall proceed as follows:
(a) If the complaint concerns a public official in the legislative branch, the commission shall refer the complaint, confidentially, to the public official and to the appropriate committee of the House of Representatives or the Senate having jurisdiction over the ethical conduct of its members and employees.
(b) If the complaint concerns a public official in the judicial branch, the commission shall refer the complaint, confidentially, to the public official and to the Commission on Judicial Performance or the Chief Justice of the Supreme Court.
(c) If the complaint concerns a public official in the executive branch or persons not covered in paragraph (a) or (b) of this subsection, then the commission shall refer the complaint, confidentially, to the public official and to the head of the department or agency, if the person is in the executive branch, or, for other public officials, to the person about whom the complaint is filed.
(d) The persons, committees or commission receiving complaints referred in paragraph (a), (b) or (c) shall have thirty (30) days within which to respond to the complaint.
(e) After receiving the response to the complaint or, if no response is received after thirty (30) days from the notice of referral, the commission may, in its discretion, terminate the matter or proceed with an investigation as follows:
(i) The commission may terminate any and all proceedings at any stage of its procedure upon a determination that an appropriate disposition of the matter has occurred.
(ii) If the investigation indicates probable cause for belief that a violation of law has occurred, the commission may set a hearing of the matter to be held in accordance with the Mississippi Rules of Civil Procedure and the Mississippi Rules of Evidence. After the hearing, the commission may order penalties as prescribed in this chapter. The commission may enroll its order as a civil judgment with the circuit clerk in the county of residence of the judgment debtor. The commission may enforce the judgment on behalf of the State General Fund in the same manner as prescribed for other civil judgments, after complying with subsection (2) of this section.
(iii) The commission may refer the complaint with any evidence gathered during the investigation to the Attorney General and to the district attorney having jurisdiction, with a recommendation that it be considered for presentation to the grand jury. The Attorney General and the district attorney shall report back to the commission within ninety (90) days as to what action was taken following receipt of the complaint and recommendations of the commission, including the intent of the Attorney General to seek further civil remedies and the intent of the district attorney to present such matter to the grand jury.
(2) Any person aggrieved by
a decision of the commission made pursuant to its hearing procedures may appeal
de novo to the * * * inferior courts of the Capitol Complex
Improvement District and execution of the commission's decision shall be stayed
upon the filing of a notice of appeal. (3) Civil actions taken by the commission
shall not bar prosecutions for violations of the criminal law.
SECTION 333. Section 77-1-47, Mississippi Code of 1972, is amended as follows:
77-1-47. Appeals from any
final finding, order or judgment of the commission shall be taken and perfected
by the filing of a bond in the sum of Five Hundred Dollars ($500.00) with two
(2) sureties, or with a surety company qualified to do business in Mississippi
as the surety, conditioned to pay the cost of such appeal. Said bond shall be
approved by the chairman or secretary of the commission, or by the judge of the
court to which such appeal is taken in case the chairman or secretary of the
commission refuses to approve a proper bond tendered to them within the time
limited for taking appeals. The commission may grant a supersedeas bond on any
appeal, in such penalty and with such surety thereon as it may deem sufficient,
and may, during the pendency of any appeal, at any time, require the increase
of any such supersedeas bond or additional securities thereon. The judge of the * * * inferior
courts of the Capitol Complex Improvement District may on petition therefor
by any party entitled to an appeal, presented to him within six (6) months of the
date of the final finding, order, or judgment of the commission appealed from,
award a writ of supersedeas to any such final finding, order, or judgment of
the commission, upon the filing of a supersedeas bond in an amount to be fixed
by said judge. All appeal bonds for the payment of costs, and all supersedeas
bonds, shall be made payable to the state and may be enforced in the name of the
state by motion or other legal proceedings or remedy in any circuit court of
this state having jurisdiction of a motion or action on such bond, and the process
and proceedings thereon shall be as provided by law upon bonds of like character
required and taken by any court of this state. Such circuit court may render
and enter like judgments upon such bonds as may, by law, be rendered and
entered upon bonds of like character, and process of execution shall issue upon
such judgments, and may be levied and executed as provided by law in other
cases.
SECTION 334. Section 37-101-291, Mississippi Code of 1972, is amended as follows:
37-101-291. (1) In order to help alleviate the problem of the shortage of health care professionals at the state health institutions, there is established a program of paid educational leave for the study of such health care professions as defined in Section 37-101-285 and licensed practical nursing by any employee who works at a state health institution and who declares an intention to work in such respective health care occupation in the same state health institution in which the employee was working when granted educational leave, for a minimum period of time after graduation.
(2) The paid educational leave program shall be administered by the respective state health institutions.
(3) (a) Within the limits of the funds available to a state health institution for such purpose, the institution may grant paid educational leave to those applicants deemed qualified therefor, upon such terms and conditions as it may impose and as provided for in this section.
(b) In order to be eligible for paid educational leave, an applicant must:
(i) Be working at a state health institution at the time of application;
(ii) Attend any college or school approved and designated by the state health institution; and
(iii) Agree to work in a health care profession as defined in Section 37-101-285 or as a licensed practical nurse in the same state health institution for a period of time equivalent to the period of time for which the applicant receives paid educational leave compensation, calculated to the nearest whole month, but in no event less than two (2) years.
(c) (i) Before being granted paid educational leave, each applicant shall enter into a contract with the state health institution, which shall be deemed a contract with the State of Mississippi, agreeing to the terms and conditions upon which the paid educational leave shall be granted to him. The contract shall include such terms and provisions necessary to carry out the full purpose and intent of this section. The form of such contract shall be prepared and approved by the Attorney General of this state, and shall be signed by the executive director of the respective state health institution and the recipient. If the recipient is a minor, his minority disabilities shall be removed by a chancery court of competent jurisdiction before the contract is signed.
(ii) The state health institution shall have the authority to cancel any contract made between it and any recipient for paid educational leave upon such cause being deemed sufficient by the executive director of such institution.
(iii) The state health institution is vested with full and complete authority and power to sue in its own name any recipient for any balance due the state on any such uncompleted contract, which suit shall be filed and handled by the Attorney General of the state. The state health institution may contract with a collection agency or banking institution, subject to approval by the Attorney General, for collection of any balance due the state from any recipient. The State of Mississippi, agencies of the state and the state health institution and its employees are immune from any suit brought in law or equity for actions taken by the collection agency or banking institution incidental to or arising from their performance under the contract. The state health institution, collection agency and banking institution may negotiate for the payment of a sum that is less than full payment in order to satisfy any balance the recipient owes the state, subject to approval by the facility director of the sponsoring facility within the state health institution.
(iv) Failure to meet the terms of an educational loan contract shall be grounds for revocation of the professional license which was earned through the paid educational leave compensation granted under this section.
(v) A finding by the sponsoring agency of a default by the recipient shall be a finding of unprofessional conduct and therefore, a basis for the revocation of the professional license which was obtained through the educational leave program. The finding also will be grounds for revocation of any license, as defined by Section 93-11-153.
(vi) Notice of pending default status shall be mailed to the recipient at the last known address by the sponsoring agency.
(vii) The sponsoring agency shall conduct a hearing of pending default status, make a final determination, and issue an Order of Default, if appropriate.
(viii) Recipients may appear either personally or by counsel, or both, and produce and cross-examine witnesses or evidence in the recipient's behalf. The procedure of the hearing shall not be bound by the Mississippi Rules of Civil Procedure and Evidence.
(ix) If a recipient is found to be in default, a copy of an Order of Default shall be forwarded to the appropriate licensing agency.
(x) Appeals from a
finding of default by the sponsoring agency shall be to the * * * inferior
courts of the Capitol Complex Improvement District. Actions taken by a
licensing entity in revoking a license when required by this section are not
actions from which an appeal may be taken under the general licensing and disciplinary
provisions applicable to the licensing agency.
(xi) Rules and regulations governing hearing and other applicable matters shall be promulgated by the sponsoring agency.
(xii) A license which has been revoked pursuant to this statute shall be reinstated upon a showing of proof that the recipient is no longer in default.
(xiii) A finding by the sponsoring facility of educational leave default is a disciplinary action, not a collection action, and therefore shall not be affected by the recipient declaring bankruptcy.
(4) (a) Any recipient who is granted paid educational leave by a state health institution shall be compensated by the institution during the time the recipient is in school, at the rate of pay received by a nurse's aide employed at the respective state health institution. All educational leave compensation received by the recipient while in school shall be considered earned conditioned upon the fulfillment of the terms and obligations of the educational leave contract and this section. However, no recipient of full-time educational leave shall accrue personal or major medical leave while the recipient is on paid educational leave. Recipients of paid educational leave shall be responsible for their individual costs of tuition and books.
(b) Paid educational leave shall be granted only upon the following conditions:
(i) The recipient shall fulfill his or her obligation under the contract with the State of Mississippi by working as a professional in a health care profession defined in Section 37-101-285 or as a licensed practical nurse in a state health institution; a recipient sponsored by a health institution under the supervision of the Mississippi Department of Mental Health may fulfill his or her obligation under the contract with the State of Mississippi at another health institution under the supervision of the Mississippi Department of Mental Health with prior written approval of the Director of the Department of Mental Health institution with which he or she originally contracted for educational leave. The total compensation that the recipient was paid while on educational leave shall be considered as unconditionally earned on an annual pro rata basis for each year of service rendered under the educational leave contract as a health care professional in his respective state health institution.
(ii) If the recipient does not work as a professional in a health care profession as defined in Section 37-101-285 or as a licensed practical nurse in his respective state health institution for the period required under subsection (3)(b)(iii) of this section, the recipient shall be liable for repayment on demand of the remaining portion of the compensation that the recipient was paid while on paid educational leave which has not been unconditionally earned, with interest accruing at ten percent (10%) per annum from the recipient's date of graduation or the date that the recipient last worked at that state health institution, whichever is the later date. In addition, there shall be included in any contract for paid educational leave a provision for liquidated damages equal to Five Thousand Dollars ($5,000.00) which may be reduced on a pro rata basis for each year served under such contract.
(iii) If any recipient fails or withdraws from school at any time before completing his or her health care training, the recipient shall be liable for repayment on demand of the amount of the total compensation that the recipient was paid while on paid educational leave, with interest accruing at ten percent (10%) per annum from the date the recipient failed or withdrew from school. However, the recipient shall not be liable for liquidated damages, and if the recipient returns to work in the same position held in the same state health institution prior to accepting educational leave, the recipient shall not be liable for payment of any interest on the amount owed.
(iv) The issuance and renewal of the professional license required to work in a health care profession as defined in Section 37-101-285 for which the educational leave was granted shall be contingent upon the repayment of the total compensation that the recipient received while on paid educational leave. No license shall be granted until a contract for repayment is executed. No license shall be renewed without proof of an existing contract which is not in default. Failure to meet the terms of an educational loan contract shall be grounds for revocation of the professional license which was earned through the paid educational leave compensation granted under this section. Any person who receives any amount of paid educational leave compensation while in school and subsequently receives a professional license shall be deemed to have earned the professional license through paid educational leave.
(v) The obligations of educational leave recipients under contracts entered into before July 1, 2002, shall remain unchanged. However, state health institutions may use the collection or license revocation provisions of this section to collect money owed under all educational leave contracts, regardless of when those contracts were executed.
SECTION 335. Section 23-15-813, Mississippi Code of 1972, is brought forward as follows:
23-15-813. (a) In addition to any other penalty permitted by law, the Mississippi Ethics Commission shall require any candidate or political committee, as identified in Section 23-15-805(a), and any other political committee registered with the Secretary of State, who fails to file a campaign finance disclosure report as required under Sections 23-15-801 through 23-15-813, or Sections 23-17-47 through 23-17-53, or who shall file a report that fails to substantially comply with the requirements of Sections 23-15-801 through 23-15-813, or Sections 23-17-47 through 23-17-53, to be assessed a civil penalty as follows:
(i) Within five (5) calendar days after any deadline for filing a report pursuant to Sections 23-15-801 through 23-15-813, or Sections 23-17-47 through 23-17-53, the Secretary of State shall compile a list of those candidates and political committees who have failed to file a report. The list shall be provided to the Mississippi Ethics Commission. The Secretary of State shall provide each candidate or political committee, who has failed to file a report, notice of the failure by first-class mail.
(ii) Beginning with the tenth calendar day after which any report is due, the Mississippi Ethics Commission shall assess the delinquent candidate and political committee a civil penalty of Fifty Dollars ($50.00) for each day or part of any day until a valid report is delivered to the Secretary of State, up to a maximum of ten (10) days. In the discretion of the Mississippi Ethics Commission, the assessing of the fine may be waived, in whole or in part, if the Commission determines that unforeseeable mitigating circumstances, such as the health of the candidate, interfered with the timely filing of a report. Failure of a candidate or political committee to receive notice of failure to file a report from the Secretary of State is not an unforeseeable mitigating circumstance, and failure to receive the notice shall not result in removal or reduction of any assessed civil penalty.
(iii) Filing of the required report and payment of the fine within ten (10) calendar days of notice by the Secretary of State that a required statement has not been filed constitutes compliance with Sections 23-15-801 through 23-15-813, or Sections 23-17-47 through 23-17-53.
(iv) Payment of the fine without filing the required report does not excuse or exempt any person from the filing requirements of Sections 23-15-801 through 23-15-813, and Sections 23-17-47 through 23-17-53.
(v) If any candidate or political committee is assessed a civil penalty, and the penalty is not subsequently waived by the Mississippi Ethics Commission, the candidate or political committee shall pay the fine to the Commission within ninety (90) days of the date of the assessment of the fine. If, after one hundred twenty (120) days of the assessment of the fine the payment for the entire amount of the assessed fine has not been received by the Commission, the Commission shall notify the Attorney General of the delinquency, and the Attorney General shall file, where necessary, a suit to compel payment of the civil penalty.
(b) (i) Upon the sworn application, made within sixty (60) calendar days of the date upon which the required report is due, of a candidate or political committee against whom a civil penalty has been assessed pursuant to subsection (a) of this section, the Secretary of State shall forward the application to the State Board of Election Commissioners. The State Board of Election Commissioners shall appoint one or more hearing officers who shall be former chancellors, circuit court judges, judges of the Court of Appeals or justices of the Supreme Court, to conduct hearings held pursuant to this article. The hearing officer shall fix a time and place for a hearing and shall cause a written notice specifying the civil penalties that have been assessed against the candidate or political committee and notice of the time and place of the hearing to be served upon the candidate or political committee at least twenty (20) calendar days before the hearing date. The notice may be served by mailing a copy of the notice by certified mail, postage prepaid, to the last-known business address of the candidate or political committee.
(ii) The hearing officer may issue subpoenas for the attendance of witnesses and the production of documents at the hearing. Process issued by the hearing officer shall extend to all parts of the state and shall be served by any person designated by the hearing officer for the service.
(iii) The candidate or political committee has the right to appear either personally, by counsel or both, to produce witnesses or evidence in his or her behalf, to cross-examine witnesses and to have subpoenas issued by the hearing officer.
(iv) At the hearing, the hearing officer shall administer oaths as may be necessary for the proper conduct of the hearing. All hearings shall be conducted by the hearing officer, who shall not be bound by strict rules of procedure or by the laws of evidence, but the determination shall be based upon sufficient evidence to sustain it. The scope of review at the hearing shall be limited to making a determination of whether failure to file a required report was due to an unforeseeable mitigating circumstance.
(v) In any proceeding before the hearing officer, if any witness fails or refuses to attend upon a subpoena issued by the commission, refuses to testify, or refuses to produce any documents called for by a subpoena, the attendance of the witness, the giving of his or her testimony or the production of the documents shall be enforced by a court of competent jurisdiction of this state in the manner provided for the enforcement of attendance and testimony of witnesses in civil cases in the courts of this state.
(vi) Within fifteen (15) calendar days after conclusion of the hearing, the hearing officer shall reduce his or her decision to writing and forward an attested true copy of the decision to the last-known business address of the candidate or political committee by way of United States first-class, certified mail, postage prepaid.
(c) (i) The right to appeal from the decision of the hearing officer in an administrative hearing concerning the assessment of civil penalties authorized pursuant to this section is granted. The appeal shall be to the Circuit Court of Hinds County and shall include a verbatim transcript of the testimony at the hearing. The appeal shall be taken within thirty (30) calendar days after notice of the decision of the commission following an administrative hearing. The appeal shall be perfected upon filing notice of the appeal and the prepayment of all costs, including the cost of preparing the record of the proceedings by the hearing officer, and filing a bond in the sum of Two Hundred Dollars ($200.00), conditioned that if the decision of the hearing officer is affirmed by the court, the candidate or political committee will pay the costs of the appeal and the action in court. If the decision is reversed by the court, the Mississippi Ethics Commission will pay the costs of the appeal and the action in court.
(ii) If there is an appeal, the appeal shall act as a supersedeas. The court shall dispose of the appeal and enter its decision promptly. The hearing on the appeal may be tried in vacation, in the court's discretion. The scope of review of the court shall be limited to a review of the record made before the hearing officer to determine if the action of the hearing officer is unlawful for the reason that it was 1. not supported by substantial evidence, 2. arbitrary or capricious, 3. beyond the power of the hearing officer to make, or 4. in violation of some statutory or constitutional right of the appellant. The decision of the court may be appealed to the Supreme Court in the manner provided by law.
(d) If, after forty-five (45) calendar days of the date of the administrative hearing procedure set forth in subsection (b), the candidate or political committee identified in subsection (a) of this section fails to pay the monetary civil penalty imposed by the hearing officer, the Secretary of State shall notify the Attorney General of the delinquency. The Attorney General shall investigate the offense in accordance with the provisions of this chapter, and where necessary, file suit to compel payment of the unpaid civil penalty.
(e) If, after twenty (20) calendar days of the date upon which a campaign finance disclosure report is due, a candidate or political committee identified in subsection (a) of this section shall not have filed a valid report with the Secretary of State, the Secretary of State shall notify the Attorney General of those candidates and political committees who have not filed a valid report, and the Attorney General shall prosecute the delinquent candidates and political committees.
SECTION 336. Section 25-5-1, Mississippi Code of 1972, is amended as follows:
25-5-1. If any public officer, state, district, county or municipal, shall be convicted or enter a plea of guilty or nolo contendere in any court of this state or any other state or in any federal court of any felony other than manslaughter or any violation of the United States Internal Revenue Code, of corruption in office or peculation therein, or of gambling or dealing in futures with money coming to his hands by virtue of his office, any court of this state, in addition to such other punishment as may be prescribed, shall adjudge the defendant removed from office; and the office of the defendant shall thereby become vacant. If any such officer be found by inquest to be of unsound mind during the term for which he was elected or appointed, or shall be removed from office by the judgment of a court of competent jurisdiction or otherwise lawfully, his office shall thereby be vacated; and in any such case the vacancy shall be filled as provided by law.
When any such officer is found
guilty of a crime which is a felony under the laws of this state or which is punishable
by imprisonment for one (1) year or more, other than manslaughter or any
violation of the United States Internal Revenue Code, in a federal court or a
court of competent jurisdiction of any other state, the Attorney General of the
State of Mississippi shall promptly enter a motion for removal from office in
the * * * inferior courts of the Capitol Complex Improvement
District in the case of a state officer, and in the circuit court of the
county of residence in the case of a district, county or municipal officer.
The court, or the judge in vacation, shall, upon notice and a proper hearing, issue
an order removing such person from office and the vacancy shall be filled as
provided by law.
SECTION 337. Section 47-5-931, Mississippi Code of 1972, is brought forward as follows:
47-5-931. (1) The Department of Corrections, in its discretion, may contract with the board of supervisors of one or more counties or with a regional facility operated by one or more counties, to provide for housing, care and control of offenders who are in the custody of the State of Mississippi. Any facility owned or leased by a county or counties for this purpose shall be designed, constructed, operated and maintained in accordance with American Correctional Association standards, and shall comply with all constitutional standards of the United States and the State of Mississippi, and with all court orders that may now or hereinafter be applicable to the facility. If the Department of Corrections contracts with more than one (1) county to house state offenders in county correctional facilities, excluding a regional facility, then the first of such facilities shall be constructed in Sharkey County and the second of such facilities shall be constructed in Jefferson County.
(2) The Department of Corrections shall contract with the board of supervisors of the following counties to house state inmates in regional facilities: (a) Marion and Walthall Counties; (b) Carroll and Montgomery Counties; (c) Stone and Pearl River Counties; (d) Winston and Choctaw Counties; (e) Kemper and Neshoba Counties; (f) Alcorn County and any contiguous county in which there is located an unapproved jail; (g) Yazoo County and any contiguous county in which there is located an unapproved jail; (h) Chickasaw County and any contiguous county in which there is located an unapproved jail; (i) George and Greene Counties and any contiguous county in which there is located an unapproved jail; (j) Washington County and any contiguous county in which there is located an unapproved jail; (k) Hinds County and any contiguous county in which there is located an unapproved jail; (l) Leake County and any contiguous county in which there is located an unapproved jail; (m) Issaquena County and any contiguous county in which there is located an unapproved jail; (n) Jefferson County and any contiguous county in which there is located an unapproved jail; (o) Franklin County and any contiguous county in which there is located an unapproved jail; (p) Holmes County and any contiguous county in which there is located an unapproved jail; and (q) Bolivar County and any contiguous county in which there is located an unapproved jail. The Department of Corrections shall decide the order of priority of the counties listed in this subsection with which it will contract for the housing of state inmates. For the purposes of this subsection, the term "unapproved jail" means any jail that the local grand jury determines should be condemned or has found to be of substandard condition or in need of substantial repair or reconstruction.
(3) In addition to the offenders authorized to be housed under subsection (1) of this section, the Department of Corrections may contract with any regional facility to provide for housing, care and control of not more than seventy-five (75) additional offenders who are in the custody of the State of Mississippi.
(4) The Governor and the Commissioner of Corrections are authorized to increase administratively the number of offenders who are in the custody of the State of Mississippi that can be placed in regional correctional facilities.
SECTION 338. Section 41-7-191, Mississippi Code of 1972, is brought forward as follows:
41-7-191. (1) No person shall engage in any of the following activities without obtaining the required certificate of need:
(a) The construction, development or other establishment of a new health care facility, which establishment shall include the reopening of a health care facility that has ceased to operate for a period of sixty (60) months or more;
(b) The relocation of a health care facility or portion thereof, or major medical equipment, unless such relocation of a health care facility or portion thereof, or major medical equipment, which does not involve a capital expenditure by or on behalf of a health care facility, is within five thousand two hundred eighty (5,280) feet from the main entrance of the health care facility;
(c) Any change in the existing bed complement of any health care facility through the addition or conversion of any beds or the alteration, modernizing or refurbishing of any unit or department in which the beds may be located; however, if a health care facility has voluntarily delicensed some of its existing bed complement, it may later relicense some or all of its delicensed beds without the necessity of having to acquire a certificate of need. The State Department of Health shall maintain a record of the delicensing health care facility and its voluntarily delicensed beds and continue counting those beds as part of the state's total bed count for health care planning purposes. If a health care facility that has voluntarily delicensed some of its beds later desires to relicense some or all of its voluntarily delicensed beds, it shall notify the State Department of Health of its intent to increase the number of its licensed beds. The State Department of Health shall survey the health care facility within thirty (30) days of that notice and, if appropriate, issue the health care facility a new license reflecting the new contingent of beds. However, in no event may a health care facility that has voluntarily delicensed some of its beds be reissued a license to operate beds in excess of its bed count before the voluntary delicensure of some of its beds without seeking certificate of need approval;
(d) Offering of the following health services if those services have not been provided on a regular basis by the proposed provider of such services within the period of twelve (12) months prior to the time such services would be offered:
(i) Open-heart surgery services;
(ii) Cardiac catheterization services;
(iii) Comprehensive inpatient rehabilitation services;
(iv) Licensed psychiatric services;
(v) Licensed chemical dependency services;
(vi) Radiation therapy services;
(vii) Diagnostic imaging services of an invasive nature, i.e. invasive digital angiography;
(viii) Nursing home care as defined in subparagraphs (iv), (vi) and (viii) of Section 41-7-173(h);
(ix) Home health services;
(x) Swing-bed services;
(xi) Ambulatory surgical services;
(xii) Magnetic resonance imaging services;
(xiii) [Deleted]
(xiv) Long-term care hospital services;
(xv) Positron emission tomography (PET) services;
(e) The relocation of one or more health services from one physical facility or site to another physical facility or site, unless such relocation, which does not involve a capital expenditure by or on behalf of a health care facility, (i) is to a physical facility or site within five thousand two hundred eighty (5,280) feet from the main entrance of the health care facility where the health care service is located, or (ii) is the result of an order of a court of appropriate jurisdiction or a result of pending litigation in such court, or by order of the State Department of Health, or by order of any other agency or legal entity of the state, the federal government, or any political subdivision of either, whose order is also approved by the State Department of Health;
(f) The acquisition or otherwise control of any major medical equipment for the provision of medical services; however, (i) the acquisition of any major medical equipment used only for research purposes, and (ii) the acquisition of major medical equipment to replace medical equipment for which a facility is already providing medical services and for which the State Department of Health has been notified before the date of such acquisition shall be exempt from this paragraph; an acquisition for less than fair market value must be reviewed, if the acquisition at fair market value would be subject to review;
(g) Changes of ownership of existing health care facilities in which a notice of intent is not filed with the State Department of Health at least thirty (30) days prior to the date such change of ownership occurs, or a change in services or bed capacity as prescribed in paragraph (c) or (d) of this subsection as a result of the change of ownership; an acquisition for less than fair market value must be reviewed, if the acquisition at fair market value would be subject to review;
(h) The change of ownership of any health care facility defined in subparagraphs (iv), (vi) and (viii) of Section 41-7-173(h), in which a notice of intent as described in paragraph (g) has not been filed and if the Executive Director, Division of Medicaid, Office of the Governor, has not certified in writing that there will be no increase in allowable costs to Medicaid from revaluation of the assets or from increased interest and depreciation as a result of the proposed change of ownership;
(i) Any activity described in paragraphs (a) through (h) if undertaken by any person if that same activity would require certificate of need approval if undertaken by a health care facility;
(j) Any capital expenditure or deferred capital expenditure by or on behalf of a health care facility not covered by paragraphs (a) through (h);
(k) The contracting of a health care facility as defined in subparagraphs (i) through (viii) of Section 41-7-173(h) to establish a home office, subunit, or branch office in the space operated as a health care facility through a formal arrangement with an existing health care facility as defined in subparagraph (ix) of Section 41-7-173(h);
(l) The replacement or relocation of a health care facility designated as a critical access hospital shall be exempt from subsection (1) of this section so long as the critical access hospital complies with all applicable federal law and regulations regarding such replacement or relocation;
(m) Reopening a health care facility that has ceased to operate for a period of sixty (60) months or more, which reopening requires a certificate of need for the establishment of a new health care facility.
(2) The State Department of Health shall not grant approval for or issue a certificate of need to any person proposing the new construction of, addition to, or expansion of any health care facility defined in subparagraphs (iv) (skilled nursing facility) and (vi) (intermediate care facility) of Section 41-7-173(h) or the conversion of vacant hospital beds to provide skilled or intermediate nursing home care, except as hereinafter authorized:
(a) The department may issue a certificate of need to any person proposing the new construction of any health care facility defined in subparagraphs (iv) and (vi) of Section 41-7-173(h) as part of a life care retirement facility, in any county bordering on the Gulf of Mexico in which is located a National Aeronautics and Space Administration facility, not to exceed forty (40) beds. From and after July 1, 1999, there shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the beds in the health care facility that were authorized under this paragraph (a).
(b) The department may issue certificates of need in Harrison County to provide skilled nursing home care for Alzheimer's disease patients and other patients, not to exceed one hundred fifty (150) beds. From and after July 1, 1999, there shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the beds in the nursing facilities that were authorized under this paragraph (b).
(c) The department may issue a certificate of need for the addition to or expansion of any skilled nursing facility that is part of an existing continuing care retirement community located in Madison County, provided that the recipient of the certificate of need agrees in writing that the skilled nursing facility will not at any time participate in the Medicaid program (Section 43-13-101 et seq.) or admit or keep any patients in the skilled nursing facility who are participating in the Medicaid program. This written agreement by the recipient of the certificate of need shall be fully binding on any subsequent owner of the skilled nursing facility, if the ownership of the facility is transferred at any time after the issuance of the certificate of need. Agreement that the skilled nursing facility will not participate in the Medicaid program shall be a condition of the issuance of a certificate of need to any person under this paragraph (c), and if such skilled nursing facility at any time after the issuance of the certificate of need, regardless of the ownership of the facility, participates in the Medicaid program or admits or keeps any patients in the facility who are participating in the Medicaid program, the State Department of Health shall revoke the certificate of need, if it is still outstanding, and shall deny or revoke the license of the skilled nursing facility, at the time that the department determines, after a hearing complying with due process, that the facility has failed to comply with any of the conditions upon which the certificate of need was issued, as provided in this paragraph and in the written agreement by the recipient of the certificate of need. The total number of beds that may be authorized under the authority of this paragraph (c) shall not exceed sixty (60) beds.
(d) The State Department of Health may issue a certificate of need to any hospital located in DeSoto County for the new construction of a skilled nursing facility, not to exceed one hundred twenty (120) beds, in DeSoto County. From and after July 1, 1999, there shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the beds in the nursing facility that were authorized under this paragraph (d).
(e) The State Department of Health may issue a certificate of need for the construction of a nursing facility or the conversion of beds to nursing facility beds at a personal care facility for the elderly in Lowndes County that is owned and operated by a Mississippi nonprofit corporation, not to exceed sixty (60) beds. From and after July 1, 1999, there shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the beds in the nursing facility that were authorized under this paragraph (e).
(f) The State Department of Health may issue a certificate of need for conversion of a county hospital facility in Itawamba County to a nursing facility, not to exceed sixty (60) beds, including any necessary construction, renovation or expansion. From and after July 1, 1999, there shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the beds in the nursing facility that were authorized under this paragraph (f).
(g) The State Department of Health may issue a certificate of need for the construction or expansion of nursing facility beds or the conversion of other beds to nursing facility beds in either Hinds, Madison or Rankin County, not to exceed sixty (60) beds. From and after July 1, 1999, there shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the beds in the nursing facility that were authorized under this paragraph (g).
(h) The State Department of Health may issue a certificate of need for the construction or expansion of nursing facility beds or the conversion of other beds to nursing facility beds in either Hancock, Harrison or Jackson County, not to exceed sixty (60) beds. From and after July 1, 1999, there shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the beds in the facility that were authorized under this paragraph (h).
(i) The department may issue a certificate of need for the new construction of a skilled nursing facility in Leake County, provided that the recipient of the certificate of need agrees in writing that the skilled nursing facility will not at any time participate in the Medicaid program (Section 43-13-101 et seq.) or admit or keep any patients in the skilled nursing facility who are participating in the Medicaid program. This written agreement by the recipient of the certificate of need shall be fully binding on any subsequent owner of the skilled nursing facility, if the ownership of the facility is transferred at any time after the issuance of the certificate of need. Agreement that the skilled nursing facility will not participate in the Medicaid program shall be a condition of the issuance of a certificate of need to any person under this paragraph (i), and if such skilled nursing facility at any time after the issuance of the certificate of need, regardless of the ownership of the facility, participates in the Medicaid program or admits or keeps any patients in the facility who are participating in the Medicaid program, the State Department of Health shall revoke the certificate of need, if it is still outstanding, and shall deny or revoke the license of the skilled nursing facility, at the time that the department determines, after a hearing complying with due process, that the facility has failed to comply with any of the conditions upon which the certificate of need was issued, as provided in this paragraph and in the written agreement by the recipient of the certificate of need. The provision of Section 41-7-193(1) regarding substantial compliance of the projection of need as reported in the current State Health Plan is waived for the purposes of this paragraph. The total number of nursing facility beds that may be authorized by any certificate of need issued under this paragraph (i) shall not exceed sixty (60) beds. If the skilled nursing facility authorized by the certificate of need issued under this paragraph is not constructed and fully operational within eighteen (18) months after July 1, 1994, the State Department of Health, after a hearing complying with due process, shall revoke the certificate of need, if it is still outstanding, and shall not issue a license for the skilled nursing facility at any time after the expiration of the eighteen-month period.
(j) The department may issue certificates of need to allow any existing freestanding long-term care facility in Tishomingo County and Hancock County that on July 1, 1995, is licensed with fewer than sixty (60) beds. For the purposes of this paragraph (j), the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan are waived. From and after July 1, 1999, there shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the beds in the long-term care facilities that were authorized under this paragraph (j).
(k) The department may issue a certificate of need for the construction of a nursing facility at a continuing care retirement community in Lowndes County. The total number of beds that may be authorized under the authority of this paragraph (k) shall not exceed sixty (60) beds. From and after July 1, 2001, the prohibition on the facility participating in the Medicaid program (Section 43-13-101 et seq.) that was a condition of issuance of the certificate of need under this paragraph (k) shall be revised as follows: The nursing facility may participate in the Medicaid program from and after July 1, 2001, if the owner of the facility on July 1, 2001, agrees in writing that no more than thirty (30) of the beds at the facility will be certified for participation in the Medicaid program, and that no claim will be submitted for Medicaid reimbursement for more than thirty (30) patients in the facility in any month or for any patient in the facility who is in a bed that is not Medicaid-certified. This written agreement by the owner of the facility shall be a condition of licensure of the facility, and the agreement shall be fully binding on any subsequent owner of the facility if the ownership of the facility is transferred at any time after July 1, 2001. After this written agreement is executed, the Division of Medicaid and the State Department of Health shall not certify more than thirty (30) of the beds in the facility for participation in the Medicaid program. If the facility violates the terms of the written agreement by admitting or keeping in the facility on a regular or continuing basis more than thirty (30) patients who are participating in the Medicaid program, the State Department of Health shall revoke the license of the facility, at the time that the department determines, after a hearing complying with due process, that the facility has violated the written agreement.
(l) Provided that funds are specifically appropriated therefor by the Legislature, the department may issue a certificate of need to a rehabilitation hospital in Hinds County for the construction of a sixty-bed long-term care nursing facility dedicated to the care and treatment of persons with severe disabilities including persons with spinal cord and closed-head injuries and ventilator dependent patients. The provisions of Section 41-7-193(1) regarding substantial compliance with projection of need as reported in the current State Health Plan are waived for the purpose of this paragraph.
(m) The State Department of Health may issue a certificate of need to a county-owned hospital in the Second Judicial District of Panola County for the conversion of not more than seventy-two (72) hospital beds to nursing facility beds, provided that the recipient of the certificate of need agrees in writing that none of the beds at the nursing facility will be certified for participation in the Medicaid program (Section 43-13-101 et seq.), and that no claim will be submitted for Medicaid reimbursement in the nursing facility in any day or for any patient in the nursing facility. This written agreement by the recipient of the certificate of need shall be a condition of the issuance of the certificate of need under this paragraph, and the agreement shall be fully binding on any subsequent owner of the nursing facility if the ownership of the nursing facility is transferred at any time after the issuance of the certificate of need. After this written agreement is executed, the Division of Medicaid and the State Department of Health shall not certify any of the beds in the nursing facility for participation in the Medicaid program. If the nursing facility violates the terms of the written agreement by admitting or keeping in the nursing facility on a regular or continuing basis any patients who are participating in the Medicaid program, the State Department of Health shall revoke the license of the nursing facility, at the time that the department determines, after a hearing complying with due process, that the nursing facility has violated the condition upon which the certificate of need was issued, as provided in this paragraph and in the written agreement. If the certificate of need authorized under this paragraph is not issued within twelve (12) months after July 1, 2001, the department shall deny the application for the certificate of need and shall not issue the certificate of need at any time after the twelve-month period, unless the issuance is contested. If the certificate of need is issued and substantial construction of the nursing facility beds has not commenced within eighteen (18) months after July 1, 2001, the State Department of Health, after a hearing complying with due process, shall revoke the certificate of need if it is still outstanding, and the department shall not issue a license for the nursing facility at any time after the eighteen-month period. However, if the issuance of the certificate of need is contested, the department shall require substantial construction of the nursing facility beds within six (6) months after final adjudication on the issuance of the certificate of need.
(n) The department may issue a certificate of need for the new construction, addition or conversion of skilled nursing facility beds in Madison County, provided that the recipient of the certificate of need agrees in writing that the skilled nursing facility will not at any time participate in the Medicaid program (Section 43-13-101 et seq.) or admit or keep any patients in the skilled nursing facility who are participating in the Medicaid program. This written agreement by the recipient of the certificate of need shall be fully binding on any subsequent owner of the skilled nursing facility, if the ownership of the facility is transferred at any time after the issuance of the certificate of need. Agreement that the skilled nursing facility will not participate in the Medicaid program shall be a condition of the issuance of a certificate of need to any person under this paragraph (n), and if such skilled nursing facility at any time after the issuance of the certificate of need, regardless of the ownership of the facility, participates in the Medicaid program or admits or keeps any patients in the facility who are participating in the Medicaid program, the State Department of Health shall revoke the certificate of need, if it is still outstanding, and shall deny or revoke the license of the skilled nursing facility, at the time that the department determines, after a hearing complying with due process, that the facility has failed to comply with any of the conditions upon which the certificate of need was issued, as provided in this paragraph and in the written agreement by the recipient of the certificate of need. The total number of nursing facility beds that may be authorized by any certificate of need issued under this paragraph (n) shall not exceed sixty (60) beds. If the certificate of need authorized under this paragraph is not issued within twelve (12) months after July 1, 1998, the department shall deny the application for the certificate of need and shall not issue the certificate of need at any time after the twelve-month period, unless the issuance is contested. If the certificate of need is issued and substantial construction of the nursing facility beds has not commenced within eighteen (18) months after July 1, 1998, the State Department of Health, after a hearing complying with due process, shall revoke the certificate of need if it is still outstanding, and the department shall not issue a license for the nursing facility at any time after the eighteen-month period. However, if the issuance of the certificate of need is contested, the department shall require substantial construction of the nursing facility beds within six (6) months after final adjudication on the issuance of the certificate of need.
(o) The department may issue a certificate of need for the new construction, addition or conversion of skilled nursing facility beds in Leake County, provided that the recipient of the certificate of need agrees in writing that the skilled nursing facility will not at any time participate in the Medicaid program (Section 43-13-101 et seq.) or admit or keep any patients in the skilled nursing facility who are participating in the Medicaid program. This written agreement by the recipient of the certificate of need shall be fully binding on any subsequent owner of the skilled nursing facility, if the ownership of the facility is transferred at any time after the issuance of the certificate of need. Agreement that the skilled nursing facility will not participate in the Medicaid program shall be a condition of the issuance of a certificate of need to any person under this paragraph (o), and if such skilled nursing facility at any time after the issuance of the certificate of need, regardless of the ownership of the facility, participates in the Medicaid program or admits or keeps any patients in the facility who are participating in the Medicaid program, the State Department of Health shall revoke the certificate of need, if it is still outstanding, and shall deny or revoke the license of the skilled nursing facility, at the time that the department determines, after a hearing complying with due process, that the facility has failed to comply with any of the conditions upon which the certificate of need was issued, as provided in this paragraph and in the written agreement by the recipient of the certificate of need. The total number of nursing facility beds that may be authorized by any certificate of need issued under this paragraph (o) shall not exceed sixty (60) beds. If the certificate of need authorized under this paragraph is not issued within twelve (12) months after July 1, 2001, the department shall deny the application for the certificate of need and shall not issue the certificate of need at any time after the twelve-month period, unless the issuance is contested. If the certificate of need is issued and substantial construction of the nursing facility beds has not commenced within eighteen (18) months after July 1, 2001, the State Department of Health, after a hearing complying with due process, shall revoke the certificate of need if it is still outstanding, and the department shall not issue a license for the nursing facility at any time after the eighteen-month period. However, if the issuance of the certificate of need is contested, the department shall require substantial construction of the nursing facility beds within six (6) months after final adjudication on the issuance of the certificate of need.
(p) The department may issue a certificate of need for the construction of a municipally owned nursing facility within the Town of Belmont in Tishomingo County, not to exceed sixty (60) beds, provided that the recipient of the certificate of need agrees in writing that the skilled nursing facility will not at any time participate in the Medicaid program (Section 43-13-101 et seq.) or admit or keep any patients in the skilled nursing facility who are participating in the Medicaid program. This written agreement by the recipient of the certificate of need shall be fully binding on any subsequent owner of the skilled nursing facility, if the ownership of the facility is transferred at any time after the issuance of the certificate of need. Agreement that the skilled nursing facility will not participate in the Medicaid program shall be a condition of the issuance of a certificate of need to any person under this paragraph (p), and if such skilled nursing facility at any time after the issuance of the certificate of need, regardless of the ownership of the facility, participates in the Medicaid program or admits or keeps any patients in the facility who are participating in the Medicaid program, the State Department of Health shall revoke the certificate of need, if it is still outstanding, and shall deny or revoke the license of the skilled nursing facility, at the time that the department determines, after a hearing complying with due process, that the facility has failed to comply with any of the conditions upon which the certificate of need was issued, as provided in this paragraph and in the written agreement by the recipient of the certificate of need. The provision of Section 41-7-193(1) regarding substantial compliance of the projection of need as reported in the current State Health Plan is waived for the purposes of this paragraph. If the certificate of need authorized under this paragraph is not issued within twelve (12) months after July 1, 1998, the department shall deny the application for the certificate of need and shall not issue the certificate of need at any time after the twelve-month period, unless the issuance is contested. If the certificate of need is issued and substantial construction of the nursing facility beds has not commenced within eighteen (18) months after July 1, 1998, the State Department of Health, after a hearing complying with due process, shall revoke the certificate of need if it is still outstanding, and the department shall not issue a license for the nursing facility at any time after the eighteen-month period. However, if the issuance of the certificate of need is contested, the department shall require substantial construction of the nursing facility beds within six (6) months after final adjudication on the issuance of the certificate of need.
(q) (i) Beginning on July 1, 1999, the State Department of Health shall issue certificates of need during each of the next four (4) fiscal years for the construction or expansion of nursing facility beds or the conversion of other beds to nursing facility beds in each county in the state having a need for fifty (50) or more additional nursing facility beds, as shown in the fiscal year 1999 State Health Plan, in the manner provided in this paragraph (q). The total number of nursing facility beds that may be authorized by any certificate of need authorized under this paragraph (q) shall not exceed sixty (60) beds.
(ii) Subject to the provisions of subparagraph (v), during each of the next four (4) fiscal years, the department shall issue six (6) certificates of need for new nursing facility beds, as follows: During fiscal years 2000, 2001 and 2002, one (1) certificate of need shall be issued for new nursing facility beds in the county in each of the four (4) Long-Term Care Planning Districts designated in the fiscal year 1999 State Health Plan that has the highest need in the district for those beds; and two (2) certificates of need shall be issued for new nursing facility beds in the two (2) counties from the state at large that have the highest need in the state for those beds, when considering the need on a statewide basis and without regard to the Long-Term Care Planning Districts in which the counties are located. During fiscal year 2003, one (1) certificate of need shall be issued for new nursing facility beds in any county having a need for fifty (50) or more additional nursing facility beds, as shown in the fiscal year 1999 State Health Plan, that has not received a certificate of need under this paragraph (q) during the three (3) previous fiscal years. During fiscal year 2000, in addition to the six (6) certificates of need authorized in this subparagraph, the department also shall issue a certificate of need for new nursing facility beds in Amite County and a certificate of need for new nursing facility beds in Carroll County.
(iii) Subject to the provisions of subparagraph (v), the certificate of need issued under subparagraph (ii) for nursing facility beds in each Long-Term Care Planning District during each fiscal year shall first be available for nursing facility beds in the county in the district having the highest need for those beds, as shown in the fiscal year 1999 State Health Plan. If there are no applications for a certificate of need for nursing facility beds in the county having the highest need for those beds by the date specified by the department, then the certificate of need shall be available for nursing facility beds in other counties in the district in descending order of the need for those beds, from the county with the second highest need to the county with the lowest need, until an application is received for nursing facility beds in an eligible county in the district.
(iv) Subject to the provisions of subparagraph (v), the certificate of need issued under subparagraph (ii) for nursing facility beds in the two (2) counties from the state at large during each fiscal year shall first be available for nursing facility beds in the two (2) counties that have the highest need in the state for those beds, as shown in the fiscal year 1999 State Health Plan, when considering the need on a statewide basis and without regard to the Long-Term Care Planning Districts in which the counties are located. If there are no applications for a certificate of need for nursing facility beds in either of the two (2) counties having the highest need for those beds on a statewide basis by the date specified by the department, then the certificate of need shall be available for nursing facility beds in other counties from the state at large in descending order of the need for those beds on a statewide basis, from the county with the second highest need to the county with the lowest need, until an application is received for nursing facility beds in an eligible county from the state at large.
(v) If a certificate of need is authorized to be issued under this paragraph (q) for nursing facility beds in a county on the basis of the need in the Long-Term Care Planning District during any fiscal year of the four-year period, a certificate of need shall not also be available under this paragraph (q) for additional nursing facility beds in that county on the basis of the need in the state at large, and that county shall be excluded in determining which counties have the highest need for nursing facility beds in the state at large for that fiscal year. After a certificate of need has been issued under this paragraph (q) for nursing facility beds in a county during any fiscal year of the four-year period, a certificate of need shall not be available again under this paragraph (q) for additional nursing facility beds in that county during the four-year period, and that county shall be excluded in determining which counties have the highest need for nursing facility beds in succeeding fiscal years.
(vi) If more than one (1) application is made for a certificate of need for nursing home facility beds available under this paragraph (q), in Yalobusha, Newton or Tallahatchie County, and one (1) of the applicants is a county-owned hospital located in the county where the nursing facility beds are available, the department shall give priority to the county-owned hospital in granting the certificate of need if the following conditions are met:
1. The county-owned hospital fully meets all applicable criteria and standards required to obtain a certificate of need for the nursing facility beds; and
2. The county-owned hospital's qualifications for the certificate of need, as shown in its application and as determined by the department, are at least equal to the qualifications of the other applicants for the certificate of need.
(r) (i) Beginning on July 1, 1999, the State Department of Health shall issue certificates of need during each of the next two (2) fiscal years for the construction or expansion of nursing facility beds or the conversion of other beds to nursing facility beds in each of the four (4) Long-Term Care Planning Districts designated in the fiscal year 1999 State Health Plan, to provide care exclusively to patients with Alzheimer's disease.
(ii) Not more than twenty (20) beds may be authorized by any certificate of need issued under this paragraph (r), and not more than a total of sixty (60) beds may be authorized in any Long-Term Care Planning District by all certificates of need issued under this paragraph (r). However, the total number of beds that may be authorized by all certificates of need issued under this paragraph (r) during any fiscal year shall not exceed one hundred twenty (120) beds, and the total number of beds that may be authorized in any Long-Term Care Planning District during any fiscal year shall not exceed forty (40) beds. Of the certificates of need that are issued for each Long-Term Care Planning District during the next two (2) fiscal years, at least one (1) shall be issued for beds in the northern part of the district, at least one (1) shall be issued for beds in the central part of the district, and at least one (1) shall be issued for beds in the southern part of the district.
(iii) The State Department of Health, in consultation with the Department of Mental Health and the Division of Medicaid, shall develop and prescribe the staffing levels, space requirements and other standards and requirements that must be met with regard to the nursing facility beds authorized under this paragraph (r) to provide care exclusively to patients with Alzheimer's disease.
(s) The State Department of Health may issue a certificate of need to a nonprofit skilled nursing facility using the Green House model of skilled nursing care and located in Yazoo City, Yazoo County, Mississippi, for the construction, expansion or conversion of not more than nineteen (19) nursing facility beds. For purposes of this paragraph (s), the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan and the provisions of Section 41-7-197 requiring a formal certificate of need hearing process are waived. There shall be no prohibition or restrictions on participation in the Medicaid program for the person receiving the certificate of need authorized under this paragraph (s).
(t) The State Department of Health shall issue certificates of need to the owner of a nursing facility in operation at the time of Hurricane Katrina in Hancock County that was not operational on December 31, 2005, because of damage sustained from Hurricane Katrina to authorize the following: (i) the construction of a new nursing facility in Harrison County; (ii) the relocation of forty-nine (49) nursing facility beds from the Hancock County facility to the new Harrison County facility; (iii) the establishment of not more than twenty (20) non-Medicaid nursing facility beds at the Hancock County facility; and (iv) the establishment of not more than twenty (20) non-Medicaid beds at the new Harrison County facility. The certificates of need that authorize the non-Medicaid nursing facility beds under subparagraphs (iii) and (iv) of this paragraph (t) shall be subject to the following conditions: The owner of the Hancock County facility and the new Harrison County facility must agree in writing that no more than fifty (50) of the beds at the Hancock County facility and no more than forty-nine (49) of the beds at the Harrison County facility will be certified for participation in the Medicaid program, and that no claim will be submitted for Medicaid reimbursement for more than fifty (50) patients in the Hancock County facility in any month, or for more than forty-nine (49) patients in the Harrison County facility in any month, or for any patient in either facility who is in a bed that is not Medicaid-certified. This written agreement by the owner of the nursing facilities shall be a condition of the issuance of the certificates of need under this paragraph (t), and the agreement shall be fully binding on any later owner or owners of either facility if the ownership of either facility is transferred at any time after the certificates of need are issued. After this written agreement is executed, the Division of Medicaid and the State Department of Health shall not certify more than fifty (50) of the beds at the Hancock County facility or more than forty-nine (49) of the beds at the Harrison County facility for participation in the Medicaid program. If the Hancock County facility violates the terms of the written agreement by admitting or keeping in the facility on a regular or continuing basis more than fifty (50) patients who are participating in the Medicaid program, or if the Harrison County facility violates the terms of the written agreement by admitting or keeping in the facility on a regular or continuing basis more than forty-nine (49) patients who are participating in the Medicaid program, the State Department of Health shall revoke the license of the facility that is in violation of the agreement, at the time that the department determines, after a hearing complying with due process, that the facility has violated the agreement.
(u) The State Department of Health shall issue a certificate of need to a nonprofit venture for the establishment, construction and operation of a skilled nursing facility of not more than sixty (60) beds to provide skilled nursing care for ventilator dependent or otherwise medically dependent pediatric patients who require medical and nursing care or rehabilitation services to be located in a county in which an academic medical center and a children's hospital are located, and for any construction and for the acquisition of equipment related to those beds. The facility shall be authorized to keep such ventilator dependent or otherwise medically dependent pediatric patients beyond age twenty-one (21) in accordance with regulations of the State Board of Health. For purposes of this paragraph (u), the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan are waived, and the provisions of Section 41-7-197 requiring a formal certificate of need hearing process are waived. The beds authorized by this paragraph shall be counted as pediatric skilled nursing facility beds for health planning purposes under Section 41-7-171 et seq. There shall be no prohibition of or restrictions on participation in the Medicaid program for the person receiving the certificate of need authorized by this paragraph.
(3) The State Department of Health may grant approval for and issue certificates of need to any person proposing the new construction of, addition to, conversion of beds of or expansion of any health care facility defined in subparagraph (x) (psychiatric residential treatment facility) of Section 41-7-173(h). The total number of beds which may be authorized by such certificates of need shall not exceed three hundred thirty-four (334) beds for the entire state.
(a) Of the total number of beds authorized under this subsection, the department shall issue a certificate of need to a privately owned psychiatric residential treatment facility in Simpson County for the conversion of sixteen (16) intermediate care facility for the mentally retarded (ICF-MR) beds to psychiatric residential treatment facility beds, provided that facility agrees in writing that the facility shall give priority for the use of those sixteen (16) beds to Mississippi residents who are presently being treated in out-of-state facilities.
(b) Of the total number of beds authorized under this subsection, the department may issue a certificate or certificates of need for the construction or expansion of psychiatric residential treatment facility beds or the conversion of other beds to psychiatric residential treatment facility beds in Warren County, not to exceed sixty (60) psychiatric residential treatment facility beds, provided that the facility agrees in writing that no more than thirty (30) of the beds at the psychiatric residential treatment facility will be certified for participation in the Medicaid program (Section 43-13-101 et seq.) for the use of any patients other than those who are participating only in the Medicaid program of another state, and that no claim will be submitted to the Division of Medicaid for Medicaid reimbursement for more than thirty (30) patients in the psychiatric residential treatment facility in any day or for any patient in the psychiatric residential treatment facility who is in a bed that is not Medicaid-certified. This written agreement by the recipient of the certificate of need shall be a condition of the issuance of the certificate of need under this paragraph, and the agreement shall be fully binding on any subsequent owner of the psychiatric residential treatment facility if the ownership of the facility is transferred at any time after the issuance of the certificate of need. After this written agreement is executed, the Division of Medicaid and the State Department of Health shall not certify more than thirty (30) of the beds in the psychiatric residential treatment facility for participation in the Medicaid program for the use of any patients other than those who are participating only in the Medicaid program of another state. If the psychiatric residential treatment facility violates the terms of the written agreement by admitting or keeping in the facility on a regular or continuing basis more than thirty (30) patients who are participating in the Mississippi Medicaid program, the State Department of Health shall revoke the license of the facility, at the time that the department determines, after a hearing complying with due process, that the facility has violated the condition upon which the certificate of need was issued, as provided in this paragraph and in the written agreement.
The State Department of Health, on or before July 1, 2002, shall transfer the certificate of need authorized under the authority of this paragraph (b), or reissue the certificate of need if it has expired, to River Region Health System.
(c) Of the total number of beds authorized under this subsection, the department shall issue a certificate of need to a hospital currently operating Medicaid-certified acute psychiatric beds for adolescents in DeSoto County, for the establishment of a forty-bed psychiatric residential treatment facility in DeSoto County, provided that the hospital agrees in writing (i) that the hospital shall give priority for the use of those forty (40) beds to Mississippi residents who are presently being treated in out-of-state facilities, and (ii) that no more than fifteen (15) of the beds at the psychiatric residential treatment facility will be certified for participation in the Medicaid program (Section 43-13-101 et seq.), and that no claim will be submitted for Medicaid reimbursement for more than fifteen (15) patients in the psychiatric residential treatment facility in any day or for any patient in the psychiatric residential treatment facility who is in a bed that is not Medicaid-certified. This written agreement by the recipient of the certificate of need shall be a condition of the issuance of the certificate of need under this paragraph, and the agreement shall be fully binding on any subsequent owner of the psychiatric residential treatment facility if the ownership of the facility is transferred at any time after the issuance of the certificate of need. After this written agreement is executed, the Division of Medicaid and the State Department of Health shall not certify more than fifteen (15) of the beds in the psychiatric residential treatment facility for participation in the Medicaid program. If the psychiatric residential treatment facility violates the terms of the written agreement by admitting or keeping in the facility on a regular or continuing basis more than fifteen (15) patients who are participating in the Medicaid program, the State Department of Health shall revoke the license of the facility, at the time that the department determines, after a hearing complying with due process, that the facility has violated the condition upon which the certificate of need was issued, as provided in this paragraph and in the written agreement.
(d) Of the total number of beds authorized under this subsection, the department may issue a certificate or certificates of need for the construction or expansion of psychiatric residential treatment facility beds or the conversion of other beds to psychiatric treatment facility beds, not to exceed thirty (30) psychiatric residential treatment facility beds, in either Alcorn, Tishomingo, Prentiss, Lee, Itawamba, Monroe, Chickasaw, Pontotoc, Calhoun, Lafayette, Union, Benton or Tippah County.
(e) Of the total number of beds authorized under this subsection (3) the department shall issue a certificate of need to a privately owned, nonprofit psychiatric residential treatment facility in Hinds County for an eight-bed expansion of the facility, provided that the facility agrees in writing that the facility shall give priority for the use of those eight (8) beds to Mississippi residents who are presently being treated in out-of-state facilities.
(f) The department shall issue a certificate of need to a one-hundred-thirty-four-bed specialty hospital located on twenty-nine and forty-four one-hundredths (29.44) commercial acres at 5900 Highway 39 North in Meridian (Lauderdale County), Mississippi, for the addition, construction or expansion of child/adolescent psychiatric residential treatment facility beds in Lauderdale County. As a condition of issuance of the certificate of need under this paragraph, the facility shall give priority in admissions to the child/adolescent psychiatric residential treatment facility beds authorized under this paragraph to patients who otherwise would require out-of-state placement. The Division of Medicaid, in conjunction with the Department of Human Services, shall furnish the facility a list of all out-of-state patients on a quarterly basis. Furthermore, notice shall also be provided to the parent, custodial parent or guardian of each out-of-state patient notifying them of the priority status granted by this paragraph. For purposes of this paragraph, the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan are waived. The total number of child/adolescent psychiatric residential treatment facility beds that may be authorized under the authority of this paragraph shall be sixty (60) beds. There shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the person receiving the certificate of need authorized under this paragraph or for the beds converted pursuant to the authority of that certificate of need.
(4) (a) From and after March 25, 2021, the department may issue a certificate of need to any person for the new construction of any hospital, psychiatric hospital or chemical dependency hospital that will contain any child/adolescent psychiatric or child/adolescent chemical dependency beds, or for the conversion of any other health care facility to a hospital, psychiatric hospital or chemical dependency hospital that will contain any child/adolescent psychiatric or child/adolescent chemical dependency beds. There shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the person(s) receiving the certificate(s) of need authorized under this paragraph (a) or for the beds converted pursuant to the authority of that certificate of need. In issuing any new certificate of need for any child/adolescent psychiatric or child/adolescent chemical dependency beds, either by new construction or conversion of beds of another category, the department shall give preference to beds which will be located in an area of the state which does not have such beds located in it, and to a location more than sixty-five (65) miles from existing beds. Upon receiving 2020 census data, the department may amend the State Health Plan regarding child/adolescent psychiatric and child/adolescent chemical dependency beds to reflect the need based on new census data.
(i) [Deleted]
(ii) The department may issue a certificate of need for the conversion of existing beds in a county hospital in Choctaw County from acute care beds to child/adolescent chemical dependency beds. For purposes of this subparagraph (ii), the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan are waived. The total number of beds that may be authorized under authority of this subparagraph shall not exceed twenty (20) beds. There shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the hospital receiving the certificate of need authorized under this subparagraph or for the beds converted pursuant to the authority of that certificate of need.
(iii) The department may issue a certificate or certificates of need for the construction or expansion of child/adolescent psychiatric beds or the conversion of other beds to child/adolescent psychiatric beds in Warren County. For purposes of this subparagraph (iii), the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan are waived. The total number of beds that may be authorized under the authority of this subparagraph shall not exceed twenty (20) beds. There shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the person receiving the certificate of need authorized under this subparagraph or for the beds converted pursuant to the authority of that certificate of need.
If by January 1, 2002, there has been no significant commencement of construction of the beds authorized under this subparagraph (iii), or no significant action taken to convert existing beds to the beds authorized under this subparagraph, then the certificate of need that was previously issued under this subparagraph shall expire. If the previously issued certificate of need expires, the department may accept applications for issuance of another certificate of need for the beds authorized under this subparagraph, and may issue a certificate of need to authorize the construction, expansion or conversion of the beds authorized under this subparagraph.
(iv) The department shall issue a certificate of need to the Region 7 Mental Health/Retardation Commission for the construction or expansion of child/adolescent psychiatric beds or the conversion of other beds to child/adolescent psychiatric beds in any of the counties served by the commission. For purposes of this subparagraph (iv), the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan are waived. The total number of beds that may be authorized under the authority of this subparagraph shall not exceed twenty (20) beds. There shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the person receiving the certificate of need authorized under this subparagraph or for the beds converted pursuant to the authority of that certificate of need.
(v) The department may issue a certificate of need to any county hospital located in Leflore County for the construction or expansion of adult psychiatric beds or the conversion of other beds to adult psychiatric beds, not to exceed twenty (20) beds, provided that the recipient of the certificate of need agrees in writing that the adult psychiatric beds will not at any time be certified for participation in the Medicaid program and that the hospital will not admit or keep any patients who are participating in the Medicaid program in any of such adult psychiatric beds. This written agreement by the recipient of the certificate of need shall be fully binding on any subsequent owner of the hospital if the ownership of the hospital is transferred at any time after the issuance of the certificate of need. Agreement that the adult psychiatric beds will not be certified for participation in the Medicaid program shall be a condition of the issuance of a certificate of need to any person under this subparagraph (v), and if such hospital at any time after the issuance of the certificate of need, regardless of the ownership of the hospital, has any of such adult psychiatric beds certified for participation in the Medicaid program or admits or keeps any Medicaid patients in such adult psychiatric beds, the State Department of Health shall revoke the certificate of need, if it is still outstanding, and shall deny or revoke the license of the hospital at the time that the department determines, after a hearing complying with due process, that the hospital has failed to comply with any of the conditions upon which the certificate of need was issued, as provided in this subparagraph and in the written agreement by the recipient of the certificate of need.
(vi) The department may issue a certificate or certificates of need for the expansion of child psychiatric beds or the conversion of other beds to child psychiatric beds at the University of Mississippi Medical Center. For purposes of this subparagraph (vi), the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan are waived. The total number of beds that may be authorized under the authority of this subparagraph shall not exceed fifteen (15) beds. There shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the hospital receiving the certificate of need authorized under this subparagraph or for the beds converted pursuant to the authority of that certificate of need.
(b) From and after July 1, 1990, no hospital, psychiatric hospital or chemical dependency hospital shall be authorized to add any child/adolescent psychiatric or child/adolescent chemical dependency beds or convert any beds of another category to child/adolescent psychiatric or child/adolescent chemical dependency beds without a certificate of need under the authority of subsection (1)(c) and subsection (4)(a) of this section.
(5) The department may issue a certificate of need to a county hospital in Winston County for the conversion of fifteen (15) acute care beds to geriatric psychiatric care beds.
(6) The State Department of Health shall issue a certificate of need to a Mississippi corporation qualified to manage a long-term care hospital as defined in Section 41-7-173(h)(xii) in Harrison County, not to exceed eighty (80) beds, including any necessary renovation or construction required for licensure and certification, provided that the recipient of the certificate of need agrees in writing that the long-term care hospital will not at any time participate in the Medicaid program (Section 43-13-101 et seq.) or admit or keep any patients in the long-term care hospital who are participating in the Medicaid program. This written agreement by the recipient of the certificate of need shall be fully binding on any subsequent owner of the long-term care hospital, if the ownership of the facility is transferred at any time after the issuance of the certificate of need. Agreement that the long-term care hospital will not participate in the Medicaid program shall be a condition of the issuance of a certificate of need to any person under this subsection (6), and if such long-term care hospital at any time after the issuance of the certificate of need, regardless of the ownership of the facility, participates in the Medicaid program or admits or keeps any patients in the facility who are participating in the Medicaid program, the State Department of Health shall revoke the certificate of need, if it is still outstanding, and shall deny or revoke the license of the long-term care hospital, at the time that the department determines, after a hearing complying with due process, that the facility has failed to comply with any of the conditions upon which the certificate of need was issued, as provided in this subsection and in the written agreement by the recipient of the certificate of need. For purposes of this subsection, the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan are waived.
(7) The State Department of Health may issue a certificate of need to any hospital in the state to utilize a portion of its beds for the "swing-bed" concept. Any such hospital must be in conformance with the federal regulations regarding such swing-bed concept at the time it submits its application for a certificate of need to the State Department of Health, except that such hospital may have more licensed beds or a higher average daily census (ADC) than the maximum number specified in federal regulations for participation in the swing-bed program. Any hospital meeting all federal requirements for participation in the swing-bed program which receives such certificate of need shall render services provided under the swing-bed concept to any patient eligible for Medicare (Title XVIII of the Social Security Act) who is certified by a physician to be in need of such services, and no such hospital shall permit any patient who is eligible for both Medicaid and Medicare or eligible only for Medicaid to stay in the swing beds of the hospital for more than thirty (30) days per admission unless the hospital receives prior approval for such patient from the Division of Medicaid, Office of the Governor. Any hospital having more licensed beds or a higher average daily census (ADC) than the maximum number specified in federal regulations for participation in the swing-bed program which receives such certificate of need shall develop a procedure to ensure that before a patient is allowed to stay in the swing beds of the hospital, there are no vacant nursing home beds available for that patient located within a fifty-mile radius of the hospital. When any such hospital has a patient staying in the swing beds of the hospital and the hospital receives notice from a nursing home located within such radius that there is a vacant bed available for that patient, the hospital shall transfer the patient to the nursing home within a reasonable time after receipt of the notice. Any hospital which is subject to the requirements of the two (2) preceding sentences of this subsection may be suspended from participation in the swing-bed program for a reasonable period of time by the State Department of Health if the department, after a hearing complying with due process, determines that the hospital has failed to comply with any of those requirements.
(8) The Department of Health shall not grant approval for or issue a certificate of need to any person proposing the new construction of, addition to or expansion of a health care facility as defined in subparagraph (viii) of Section 41-7-173(h), except as hereinafter provided: The department may issue a certificate of need to a nonprofit corporation located in Madison County, Mississippi, for the construction, expansion or conversion of not more than twenty (20) beds in a community living program for developmentally disabled adults in a facility as defined in subparagraph (viii) of Section 41-7-173(h). For purposes of this subsection (8), the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan and the provisions of Section 41-7-197 requiring a formal certificate of need hearing process are waived. There shall be no prohibition or restrictions on participation in the Medicaid program for the person receiving the certificate of need authorized under this subsection (8).
(9) The Department of Health shall not grant approval for or issue a certificate of need to any person proposing the establishment of, or expansion of the currently approved territory of, or the contracting to establish a home office, subunit or branch office within the space operated as a health care facility as defined in Section 41-7-173(h)(i) through (viii) by a health care facility as defined in subparagraph (ix) of Section 41-7-173(h).
(10) Health care facilities owned and/or operated by the state or its agencies are exempt from the restraints in this section against issuance of a certificate of need if such addition or expansion consists of repairing or renovation necessary to comply with the state licensure law. This exception shall not apply to the new construction of any building by such state facility. This exception shall not apply to any health care facilities owned and/or operated by counties, municipalities, districts, unincorporated areas, other defined persons, or any combination thereof.
(11) The new construction, renovation or expansion of or addition to any health care facility defined in subparagraph (ii) (psychiatric hospital), subparagraph (iv) (skilled nursing facility), subparagraph (vi) (intermediate care facility), subparagraph (viii) (intermediate care facility for the mentally retarded) and subparagraph (x) (psychiatric residential treatment facility) of Section 41-7-173(h) which is owned by the State of Mississippi and under the direction and control of the State Department of Mental Health, and the addition of new beds or the conversion of beds from one category to another in any such defined health care facility which is owned by the State of Mississippi and under the direction and control of the State Department of Mental Health, shall not require the issuance of a certificate of need under Section 41-7-171 et seq., notwithstanding any provision in Section 41-7-171 et seq. to the contrary.
(12) The new construction, renovation or expansion of or addition to any veterans homes or domiciliaries for eligible veterans of the State of Mississippi as authorized under Section 35-1-19 shall not require the issuance of a certificate of need, notwithstanding any provision in Section 41-7-171 et seq. to the contrary.
(13) The repair or the rebuilding of an existing, operating health care facility that sustained significant damage from a natural disaster that occurred after April 15, 2014, in an area that is proclaimed a disaster area or subject to a state of emergency by the Governor or by the President of the United States shall be exempt from all of the requirements of the Mississippi Certificate of Need Law (Section 41-7-171 et seq.) and any and all rules and regulations promulgated under that law, subject to the following conditions:
(a) The repair or the rebuilding of any such damaged health care facility must be within one (1) mile of the pre-disaster location of the campus of the damaged health care facility, except that any temporary post-disaster health care facility operating location may be within five (5) miles of the pre-disaster location of the damaged health care facility;
(b) The repair or the rebuilding of the damaged health care facility (i) does not increase or change the complement of its bed capacity that it had before the Governor's or the President's proclamation, (ii) does not increase or change its levels and types of health care services that it provided before the Governor's or the President's proclamation, and (iii) does not rebuild in a different county; however, this paragraph does not restrict or prevent a health care facility from decreasing its bed capacity that it had before the Governor's or the President's proclamation, or from decreasing the levels of or decreasing or eliminating the types of health care services that it provided before the Governor's or the President's proclamation, when the damaged health care facility is repaired or rebuilt;
(c) The exemption from Certificate of Need Law provided under this subsection (13) is valid for only five (5) years from the date of the Governor's or the President's proclamation. If actual construction has not begun within that five-year period, the exemption provided under this subsection is inapplicable; and
(d) The Division of Health Facilities Licensure and Certification of the State Department of Health shall provide the same oversight for the repair or the rebuilding of the damaged health care facility that it provides to all health care facility construction projects in the state.
For the purposes of this subsection (13), "significant damage" to a health care facility means damage to the health care facility requiring an expenditure of at least One Million Dollars ($1,000,000.00).
(14) The State Department of Health shall issue a certificate of need to any hospital which is currently licensed for two hundred fifty (250) or more acute care beds and is located in any general hospital service area not having a comprehensive cancer center, for the establishment and equipping of such a center which provides facilities and services for outpatient radiation oncology therapy, outpatient medical oncology therapy, and appropriate support services including the provision of radiation therapy services. The provisions of Section 41-7-193(1) regarding substantial compliance with the projection of need as reported in the current State Health Plan are waived for the purpose of this subsection.
(15) The State Department of Health may authorize the transfer of hospital beds, not to exceed sixty (60) beds, from the North Panola Community Hospital to the South Panola Community Hospital. The authorization for the transfer of those beds shall be exempt from the certificate of need review process.
(16) The State Department of Health shall issue any certificates of need necessary for Mississippi State University and a public or private health care provider to jointly acquire and operate a linear accelerator and a magnetic resonance imaging unit. Those certificates of need shall cover all capital expenditures related to the project between Mississippi State University and the health care provider, including, but not limited to, the acquisition of the linear accelerator, the magnetic resonance imaging unit and other radiological modalities; the offering of linear accelerator and magnetic resonance imaging services; and the cost of construction of facilities in which to locate these services. The linear accelerator and the magnetic resonance imaging unit shall be (a) located in the City of Starkville, Oktibbeha County, Mississippi; (b) operated jointly by Mississippi State University and the public or private health care provider selected by Mississippi State University through a request for proposals (RFP) process in which Mississippi State University selects, and the Board of Trustees of State Institutions of Higher Learning approves, the health care provider that makes the best overall proposal; (c) available to Mississippi State University for research purposes two-thirds (2/3) of the time that the linear accelerator and magnetic resonance imaging unit are operational; and (d) available to the public or private health care provider selected by Mississippi State University and approved by the Board of Trustees of State Institutions of Higher Learning one-third (1/3) of the time for clinical, diagnostic and treatment purposes. For purposes of this subsection, the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan are waived.
(17) The State Department of Health shall issue a certificate of need for the construction of an acute care hospital in Kemper County, not to exceed twenty-five (25) beds, which shall be named the "John C. Stennis Memorial Hospital." In issuing the certificate of need under this subsection, the department shall give priority to a hospital located in Lauderdale County that has two hundred fifteen (215) beds. For purposes of this subsection, the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan and the provisions of Section 41-7-197 requiring a formal certificate of need hearing process are waived. There shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the person or entity receiving the certificate of need authorized under this subsection or for the beds constructed under the authority of that certificate of need.
(18) The planning, design, construction, renovation, addition, furnishing and equipping of a clinical research unit at any health care facility defined in Section 41-7-173(h) that is under the direction and control of the University of Mississippi Medical Center and located in Jackson, Mississippi, and the addition of new beds or the conversion of beds from one (1) category to another in any such clinical research unit, shall not require the issuance of a certificate of need under Section 41-7-171 et seq., notwithstanding any provision in Section 41-7-171 et seq. to the contrary.
(19) [Repealed]
(20) Nothing in this section or in any other provision of Section 41-7-171 et seq. shall prevent any nursing facility from designating an appropriate number of existing beds in the facility as beds for providing care exclusively to patients with Alzheimer's disease.
(21) Nothing in this section or any other provision of Section 41-7-171 et seq. shall prevent any health care facility from the new construction, renovation, conversion or expansion of new beds in the facility designated as intensive care units, negative pressure rooms, or isolation rooms pursuant to the provisions of Sections 41-14-1 through 41-14-11, or Section 41-14-31. For purposes of this subsection, the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan and the provisions of Section 41-7-197 requiring a formal certificate of need hearing process are waived.
SECTION 339. Section 43-13-145, Mississippi Code of 1972, is brought forward as follows:
43-13-145. (1) (a) Upon each nursing facility licensed by the State of Mississippi, there is levied an assessment in an amount set by the division, equal to the maximum rate allowed by federal law or regulation, for each licensed and occupied bed of the facility.
(b) A nursing facility is exempt from the assessment levied under this subsection if the facility is operated under the direction and control of:
(i) The United States Veterans Administration or other agency or department of the United States government; or
(ii) The State Veterans Affairs Board.
(2) (a) Upon each intermediate care facility for individuals with intellectual disabilities licensed by the State of Mississippi, there is levied an assessment in an amount set by the division, equal to the maximum rate allowed by federal law or regulation, for each licensed and occupied bed of the facility.
(b) An intermediate care facility for individuals with intellectual disabilities is exempt from the assessment levied under this subsection if the facility is operated under the direction and control of:
(i) The United States Veterans Administration or other agency or department of the United States government;
(ii) The State Veterans Affairs Board; or
(iii) The University of Mississippi Medical Center.
(3) (a) Upon each psychiatric residential treatment facility licensed by the State of Mississippi, there is levied an assessment in an amount set by the division, equal to the maximum rate allowed by federal law or regulation, for each licensed and occupied bed of the facility.
(b) A psychiatric residential treatment facility is exempt from the assessment levied under this subsection if the facility is operated under the direction and control of:
(i) The United States Veterans Administration or other agency or department of the United States government;
(ii) The University of Mississippi Medical Center; or
(iii) A state agency or a state facility that either provides its own state match through intergovernmental transfer or certification of funds to the division.
(4) Hospital assessment.
(a) (i) Subject to and upon fulfillment of the requirements and conditions of paragraph (f) below, and notwithstanding any other provisions of this section, an annual assessment on each hospital licensed in the state is imposed on each non-Medicare hospital inpatient day as defined below at a rate that is determined by dividing the sum prescribed in this subparagraph (i), plus the nonfederal share necessary to maximize the Disproportionate Share Hospital (DSH) and Medicare Upper Payment Limits (UPL) Program payments and hospital access payments and such other supplemental payments as may be developed pursuant to Section 43-13-117(A)(18), by the total number of non-Medicare hospital inpatient days as defined below for all licensed Mississippi hospitals, except as provided in paragraph (d) below. If the state-matching funds percentage for the Mississippi Medicaid program is sixteen percent (16%) or less, the sum used in the formula under this subparagraph (i) shall be Seventy-four Million Dollars ($74,000,000.00). If the state-matching funds percentage for the Mississippi Medicaid program is twenty-four percent (24%) or higher, the sum used in the formula under this subparagraph (i) shall be One Hundred Four Million Dollars ($104,000,000.00). If the state-matching funds percentage for the Mississippi Medicaid program is between sixteen percent (16%) and twenty-four percent (24%), the sum used in the formula under this subparagraph (i) shall be a pro rata amount determined as follows: the current state-matching funds percentage rate minus sixteen percent (16%) divided by eight percent (8%) multiplied by Thirty Million Dollars ($30,000,000.00) and add that amount to Seventy-four Million Dollars ($74,000,000.00). However, no assessment in a quarter under this subparagraph (i) may exceed the assessment in the previous quarter by more than Three Million Seven Hundred Fifty Thousand Dollars ($3,750,000.00) (which would be Fifteen Million Dollars ($15,000,000.00) on an annualized basis). The division shall publish the state-matching funds percentage rate applicable to the Mississippi Medicaid program on the tenth day of the first month of each quarter and the assessment determined under the formula prescribed above shall be applicable in the quarter following any adjustment in that state-matching funds percentage rate. The division shall notify each hospital licensed in the state as to any projected increases or decreases in the assessment determined under this subparagraph (i). However, if the Centers for Medicare and Medicaid Services (CMS) does not approve the provision in Section 43-13-117(39) requiring the division to reimburse crossover claims for inpatient hospital services and crossover claims covered under Medicare Part B for dually eligible beneficiaries in the same manner that was in effect on January 1, 2008, the sum that otherwise would have been used in the formula under this subparagraph (i) shall be reduced by Seven Million Dollars ($7,000,000.00).
(ii) In addition to the assessment provided under subparagraph (i), an additional annual assessment on each hospital licensed in the state is imposed on each non-Medicare hospital inpatient day as defined below at a rate that is determined by dividing twenty-five percent (25%) of any provider reductions in the Medicaid program as authorized in Section 43-13-117(F) for that fiscal year up to the following maximum amount, plus the nonfederal share necessary to maximize the Disproportionate Share Hospital (DSH) and inpatient Medicare Upper Payment Limits (UPL) Program payments and inpatient hospital access payments, by the total number of non-Medicare hospital inpatient days as defined below for all licensed Mississippi hospitals: in fiscal year 2010, the maximum amount shall be Twenty-four Million Dollars ($24,000,000.00); in fiscal year 2011, the maximum amount shall be Thirty-two Million Dollars ($32,000,000.00); and in fiscal year 2012 and thereafter, the maximum amount shall be Forty Million Dollars ($40,000,000.00). Any such deficit in the Medicaid program shall be reviewed by the PEER Committee as provided in Section 43-13-117(F).
(iii) In addition to the assessments provided in subparagraphs (i) and (ii), an additional annual assessment on each hospital licensed in the state is imposed pursuant to the provisions of Section 43-13-117(F) if the cost-containment measures described therein have been implemented and there are insufficient funds in the Health Care Trust Fund to reconcile any remaining deficit in any fiscal year. If the Governor institutes any other additional cost-containment measures on any program or programs authorized under the Medicaid program pursuant to Section 43-13-117(F), hospitals shall be responsible for twenty-five percent (25%) of any such additional imposed provider cuts, which shall be in the form of an additional assessment not to exceed the twenty-five percent (25%) of provider expenditure reductions. Such additional assessment shall be imposed on each non-Medicare hospital inpatient day in the same manner as assessments are imposed under subparagraphs (i) and (ii).
(b) Definitions.
(i) [Deleted]
(ii) For purposes of this subsection (4):
1. "Non-Medicare hospital inpatient day" means total hospital inpatient days including subcomponent days less Medicare inpatient days including subcomponent days from the hospital's most recent Medicare cost report for the second calendar year preceding the beginning of the state fiscal year, on file with CMS per the CMS HCRIS database, or cost report submitted to the Division if the HCRIS database is not available to the division, as of June 1 of each year.
a. Total hospital inpatient days shall be the sum of Worksheet S-3, Part 1, column 8 row 14, column 8 row 16, and column 8 row 17, excluding column 8 rows 5 and 6.
b. Hospital Medicare inpatient days shall be the sum of Worksheet S-3, Part 1, column 6 row 14, column 6 row 16.00, and column 6 row 17, excluding column 6 rows 5 and 6.
c. Inpatient days shall not include residential treatment or long-term care days.
2. "Subcomponent inpatient day" means the number of days of care charged to a beneficiary for inpatient hospital rehabilitation and psychiatric care services in units of full days. A day begins at midnight and ends twenty-four (24) hours later. A part of a day, including the day of admission and day on which a patient returns from leave of absence, counts as a full day. However, the day of discharge, death, or a day on which a patient begins a leave of absence is not counted as a day unless discharge or death occur on the day of admission. If admission and discharge or death occur on the same day, the day is considered a day of admission and counts as one (1) subcomponent inpatient day.
(c) The assessment provided in this subsection is intended to satisfy and not be in addition to the assessment and intergovernmental transfers provided in Section 43-13-117(A)(18). Nothing in this section shall be construed to authorize any state agency, division or department, or county, municipality or other local governmental unit to license for revenue, levy or impose any other tax, fee or assessment upon hospitals in this state not authorized by a specific statute.
(d) Hospitals operated by the United States Department of Veterans Affairs and state-operated facilities that provide only inpatient and outpatient psychiatric services shall not be subject to the hospital assessment provided in this subsection.
(e) Multihospital systems, closure, merger, change of ownership and new hospitals.
(i) If a hospital conducts, operates or maintains more than one (1) hospital licensed by the State Department of Health, the provider shall pay the hospital assessment for each hospital separately.
(ii) Notwithstanding any other provision in this section, if a hospital subject to this assessment operates or conducts business only for a portion of a fiscal year, the assessment for the state fiscal year shall be adjusted by multiplying the assessment by a fraction, the numerator of which is the number of days in the year during which the hospital operates, and the denominator of which is three hundred sixty-five (365). Immediately upon ceasing to operate, the hospital shall pay the assessment for the year as so adjusted (to the extent not previously paid).
(iii) The division shall determine the tax for new hospitals and hospitals that undergo a change of ownership in accordance with this section, using the best available information, as determined by the division.
(f) Applicability.
The hospital assessment imposed by this subsection shall not take effect and/or shall cease to be imposed if:
(i) The assessment is determined to be an impermissible tax under Title XIX of the Social Security Act; or
(ii) CMS revokes its approval of the division's 2009 Medicaid State Plan Amendment for the methodology for DSH payments to hospitals under Section 43-13-117(A)(18).
(5) Each health care facility that is subject to the provisions of this section shall keep and preserve such suitable books and records as may be necessary to determine the amount of assessment for which it is liable under this section. The books and records shall be kept and preserved for a period of not less than five (5) years, during which time those books and records shall be open for examination during business hours by the division, the Department of Revenue, the Office of the Attorney General and the State Department of Health.
(6) [Deleted]
(7) All assessments collected under this section shall be deposited in the Medical Care Fund created by Section 43-13-143.
(8) The assessment levied under this section shall be in addition to any other assessments, taxes or fees levied by law, and the assessment shall constitute a debt due the State of Mississippi from the time the assessment is due until it is paid.
(9) (a) If a health care facility that is liable for payment of an assessment levied by the division does not pay the assessment when it is due, the division shall give written notice to the health care facility demanding payment of the assessment within ten (10) days from the date of delivery of the notice. If the health care facility fails or refuses to pay the assessment after receiving the notice and demand from the division, the division shall withhold from any Medicaid reimbursement payments that are due to the health care facility the amount of the unpaid assessment and a penalty of ten percent (10%) of the amount of the assessment, plus the legal rate of interest until the assessment is paid in full. If the health care facility does not participate in the Medicaid program, the division shall turn over to the Office of the Attorney General the collection of the unpaid assessment by civil action. In any such civil action, the Office of the Attorney General shall collect the amount of the unpaid assessment and a penalty of ten percent (10%) of the amount of the assessment, plus the legal rate of interest until the assessment is paid in full.
(b) As an additional or alternative method for collecting unpaid assessments levied by the division, if a health care facility fails or refuses to pay the assessment after receiving notice and demand from the division, the division may file a notice of a tax lien with the chancery clerk of the county in which the health care facility is located, for the amount of the unpaid assessment and a penalty of ten percent (10%) of the amount of the assessment, plus the legal rate of interest until the assessment is paid in full. Immediately upon receipt of notice of the tax lien for the assessment, the chancery clerk shall forward the notice to the circuit clerk who shall enter the notice of the tax lien as a judgment upon the judgment roll and show in the appropriate columns the name of the health care facility as judgment debtor, the name of the division as judgment creditor, the amount of the unpaid assessment, and the date and time of enrollment. The judgment shall be valid as against mortgagees, pledgees, entrusters, purchasers, judgment creditors and other persons from the time of filing with the clerk. The amount of the judgment shall be a debt due the State of Mississippi and remain a lien upon the tangible property of the health care facility until the judgment is satisfied. The judgment shall be the equivalent of any enrolled judgment of a court of record and shall serve as authority for the issuance of writs of execution, writs of attachment or other remedial writs.
(10) (a) To further the provisions of Section 43-13-117(A)(18), the Division of Medicaid shall submit to the Centers for Medicare and Medicaid Services (CMS) any documents regarding the hospital assessment established under subsection (4) of this section. In addition to defining the assessment established in subsection (4) of this section if necessary, the documents shall describe any supplement payment programs and/or payment methodologies as authorized in Section 43-13-117(A)(18) if necessary.
(b) All hospitals satisfying the minimum federal DSH eligibility requirements (Section 1923(d) of the Social Security Act) may, subject to OBRA 1993 payment limitations, receive a DSH payment. This DSH payment shall expend the balance of the federal DSH allotment and associated state share not utilized in DSH payments to state-owned institutions for treatment of mental diseases. The payment to each hospital shall be calculated by applying a uniform percentage to the uninsured costs of each eligible hospital, excluding state-owned institutions for treatment of mental diseases; however, that percentage for a state-owned teaching hospital located in Hinds County shall be multiplied by a factor of two (2).
(11) The division shall implement DSH and supplemental payment calculation methodologies that result in the maximization of available federal funds.
(12) The DSH payments shall be paid on or before December 31, March 31, and June 30 of each fiscal year, in increments of one-third (1/3) of the total calculated DSH amounts. Supplemental payments developed pursuant to Section 43-13-117(A)(18) shall be paid monthly.
(13) Payment.
(a) The hospital assessment as described in subsection (4) for the nonfederal share necessary to maximize the Medicare Upper Payments Limits (UPL) Program payments and hospital access payments and such other supplemental payments as may be developed pursuant to Section 43-3-117(A)(18) shall be assessed and collected monthly no later than the fifteenth calendar day of each month.
(b) The hospital assessment as described in subsection (4) for the nonfederal share necessary to maximize the Disproportionate Share Hospital (DSH) payments shall be assessed and collected on December 15, March 15 and June 15.
(c) The annual hospital assessment and any additional hospital assessment as described in subsection (4) shall be assessed and collected on September 15 and on the 15th of each month from December through June.
(14) If for any reason any part of the plan for annual DSH and supplemental payment programs to hospitals provided under subsection (10) of this section and/or developed pursuant to Section 43-13-117(A)(18) is not approved by CMS, the remainder of the plan shall remain in full force and effect.
(15) Nothing in this section shall prevent the Division of Medicaid from facilitating participation in Medicaid supplemental hospital payment programs by a hospital located in a county contiguous to the State of Mississippi that is also authorized by federal law to submit intergovernmental transfers (IGTs) to the State of Mississippi to fund the state share of the hospital's supplemental and/or MHAP payments.
(16) This section shall stand repealed on July 1, 2024.
SECTION 340. Section 67-1-5, Mississippi Code of 1972, is brought forward as follows:
67-1-5. For the purposes of this article and unless otherwise required by the context:
(a) "Alcoholic beverage" means any alcoholic liquid, including wines of more than five percent (5%) of alcohol by weight, capable of being consumed as a beverage by a human being, but shall not include light wine, light spirit product and beer, as defined in Section 67-3-3, Mississippi Code of 1972, but shall include native wines and native spirits. The words "alcoholic beverage" shall not include ethyl alcohol manufactured or distilled solely for fuel purposes or beer of an alcoholic content of more than eight percent (8%) by weight if the beer is legally manufactured in this state for sale in another state.
(b) "Alcohol" means the product of distillation of any fermented liquid, whatever the origin thereof, and includes synthetic ethyl alcohol, but does not include denatured alcohol or wood alcohol.
(c) "Distilled spirits" means any beverage containing more than six percent (6%) of alcohol by weight produced by distillation of fermented grain, starch, molasses or sugar, including dilutions and mixtures of these beverages.
(d) "Wine" or "vinous liquor" means any product obtained from the alcoholic fermentation of the juice of sound, ripe grapes, fruits, honey or berries and made in accordance with the revenue laws of the United States.
(e) "Person" means and includes any individual, partnership, corporation, association or other legal entity whatsoever.
(f) "Manufacturer" means any person engaged in manufacturing, distilling, rectifying, blending or bottling any alcoholic beverage.
(g) "Wholesaler" means any person, other than a manufacturer, engaged in distributing or selling any alcoholic beverage at wholesale for delivery within or without this state when such sale is for the purpose of resale by the purchaser.
(h) "Retailer" means any person who sells, distributes, or offers for sale or distribution, any alcoholic beverage for use or consumption by the purchaser and not for resale.
(i) "State Tax Commission," "commission" or "department" means the Department of Revenue of the State of Mississippi, which shall create a division in its organization to be known as the Alcoholic Beverage Control Division. Any reference to the commission or the department hereafter means the powers and duties of the Department of Revenue with reference to supervision of the Alcoholic Beverage Control Division.
(j) "Division" means the Alcoholic Beverage Control Division of the Department of Revenue.
(k) "Municipality" means any incorporated city or town of this state.
(l) "Hotel" means an establishment within a municipality, or within a qualified resort area approved as such by the department, where, in consideration of payment, food and lodging are habitually furnished to travelers and wherein are located at least twenty (20) adequately furnished and completely separate sleeping rooms with adequate facilities that persons usually apply for and receive as overnight accommodations. Hotels in towns or cities of more than twenty-five thousand (25,000) population are similarly defined except that they must have fifty (50) or more sleeping rooms. Any such establishment described in this paragraph with less than fifty (50) beds shall operate one or more regular dining rooms designed to be constantly frequented by customers each day. When used in this article, the word "hotel" shall also be construed to include any establishment that meets the definition of "bed and breakfast inn" as provided in this section.
(m) "Restaurant" means:
(i) A place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation, which has suitable seating facilities for guests, and which has suitable kitchen facilities connected therewith for cooking an assortment of foods and meals commonly ordered at various hours of the day; the service of such food as sandwiches and salads only shall not be deemed in compliance with this requirement. Except as otherwise provided in this paragraph, no place shall qualify as a restaurant under this article unless twenty-five percent (25%) or more of the revenue derived from such place shall be from the preparation, cooking and serving of meals and not from the sale of beverages, or unless the value of food given to and consumed by customers is equal to twenty-five percent (25%) or more of total revenue; or
(ii) Any privately owned business located in a building in a historic district where the district is listed in the National Register of Historic Places, where the building has a total occupancy rating of not less than one thousand (1,000) and where the business regularly utilizes ten thousand (10,000) square feet or more in the building for live entertainment, including not only the stage, lobby or area where the audience sits and/or stands, but also any other portion of the building necessary for the operation of the business, including any kitchen area, bar area, storage area and office space, but excluding any area for parking. In addition to the other requirements of this subparagraph, the business must also serve food to guests for compensation within the building and derive the majority of its revenue from event-related fees, including, but not limited to, admission fees or ticket sales to live entertainment in the building, and from the rental of all or part of the facilities of the business in the building to another party for a specific event or function.
(n) "Club" means an association or a corporation:
(i) Organized or created under the laws of this state for a period of five (5) years prior to July 1, 1966;
(ii) Organized not primarily for pecuniary profit but for the promotion of some common object other than the sale or consumption of alcoholic beverages;
(iii) Maintained by its members through the payment of annual dues;
(iv) Owning, hiring or leasing a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests;
(v) The affairs and management of which are conducted by a board of directors, board of governors, executive committee, or similar governing body chosen by the members at a regular meeting held at some periodic interval; and
(vi) No member, officer, agent or employee of which is paid, or directly or indirectly receives, in the form of a salary or other compensation any profit from the distribution or sale of alcoholic beverages to the club or to members or guests of the club beyond such salary or compensation as may be fixed and voted at a proper meeting by the board of directors or other governing body out of the general revenues of the club.
The department may, in its discretion, waive the five-year provision of this paragraph. In order to qualify under this paragraph, a club must file with the department, at the time of its application for a license under this article, two (2) copies of a list of the names and residences of its members and similarly file, within ten (10) days after the election of any additional member, his name and address. Each club applying for a license shall also file with the department at the time of the application a copy of its articles of association, charter of incorporation, bylaws or other instruments governing the business and affairs thereof.
(o) "Qualified resort area" means any area or locality outside of the limits of incorporated municipalities in this state commonly known and accepted as a place which regularly and customarily attracts tourists, vacationists and other transients because of its historical, scenic or recreational facilities or attractions, or because of other attributes which regularly and customarily appeal to and attract tourists, vacationists and other transients in substantial numbers; however, no area or locality shall so qualify as a resort area until it has been duly and properly approved as such by the department. The department may not approve an area as a qualified resort area after July 1, 2018, if any portion of such proposed area is located within two (2) miles of a convent or monastery that is located in a county traversed by Interstate 55 and U.S. Highway 98. A convent or monastery may waive such distance restrictions in favor of allowing approval by the department of an area as a qualified resort area. Such waiver shall be in written form from the owner, the governing body, or the appropriate officer of the convent or monastery having the authority to execute such a waiver, and the waiver shall be filed with and verified by the department before becoming effective.
(i) The department may approve an area or locality outside of the limits of an incorporated municipality that is in the process of being developed as a qualified resort area if such area or locality, when developed, can reasonably be expected to meet the requisites of the definition of the term "qualified resort area." In such a case, the status of qualified resort area shall not take effect until completion of the development.
(ii) The term includes any state park which is declared a resort area by the department; however, such declaration may only be initiated in a written request for resort area status made to the department by the Executive Director of the Department of Wildlife, Fisheries and Parks, and no permit for the sale of any alcoholic beverage, as defined in this article, except an on-premises retailer's permit, shall be issued for a hotel, restaurant or bed and breakfast inn in such park.
(iii) The term includes:
1. The clubhouses associated with the state park golf courses at the Lefleur's Bluff State Park, the John Kyle State Park, the Percy Quin State Park and the Hugh White State Park;
2. The clubhouse and associated golf course, tennis courts and related facilities and swimming pool and related facilities where the golf course, tennis courts and related facilities and swimming pool and related facilities are adjacent to one or more planned residential developments and the golf course and all such developments collectively include at least seven hundred fifty (750) acres and at least four hundred (400) residential units;
3. Any facility located on property that is a game reserve with restricted access that consists of at least three thousand (3,000) contiguous acres with no public roads and that offers as a service hunts for a fee to overnight guests of the facility;
4. Any facility located on federal property surrounding a lake and designated as a recreational area by the United States Army Corps of Engineers that consists of at least one thousand five hundred (1,500) acres;
5. Any facility that is located in a municipality that is bordered by the Pearl River, traversed by Mississippi Highway 25, adjacent to the boundaries of the Jackson International Airport and is located in a county which has voted against coming out from under the dry law; however, any such facility may only be located in areas designated by the governing authorities of such municipality;
6. Any municipality with a population in excess of ten thousand (10,000) according to the latest federal decennial census that is located in a county that is bordered by the Pearl River and is not traversed by Interstate Highway 20, with a population in excess of forty-five thousand (45,000) according to the latest federal decennial census;
7. The West Pearl Restaurant Tax District as defined in Chapter 912, Local and Private Laws of 2007;
8. a. Land that is located in any county in which Mississippi Highway 43 and Mississippi Highway 25 intersect and:
A. Owned by the Pearl River Valley Water Supply District, and/or
B. Located within the Reservoir Community District, zoned commercial, east of Old Fannin Road, north of Regatta Drive, south of Spillway Road, west of Hugh Ward Boulevard and accessible by Old Fannin Road, Spillway Road, Spann Drive and/or Lake Vista Place, and/or
C. Located within the Reservoir Community District, zoned commercial, west of Old Fannin Road, south of Spillway Road and extending to the boundary of the corporate limits of the City of Flowood, Mississippi;
b. The board of supervisors of such county, with respect to B and C of item 8.a., may by resolution or other order:
A. Specify the hours of operation of facilities that offer alcoholic beverages for sale,
B. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages, and
C. Designate the areas in which facilities that offer alcoholic beverages for sale may be located;
9. Any facility located on property that is a game reserve with restricted access that consists of at least eight hundred (800) contiguous acres with no public roads, that offers as a service hunts for a fee to overnight guests of the facility, and has accommodations for at least fifty (50) overnight guests;
10. Any facility that:
a. Consists of at least six thousand (6,000) square feet being heated and cooled along with an additional adjacent area that consists of at least two thousand two hundred (2,200) square feet regardless of whether heated and cooled,
b. For a fee is used to host events such as weddings, reunions and conventions,
c. Provides lodging accommodations regardless of whether part of the facility and/or located adjacent to or in close proximity to the facility, and
d. Is located on property that consists of at least thirty (30) contiguous acres;
11. Any facility and related property:
a. Located on property that consists of at least one hundred twenty-five (125) contiguous acres and consisting of an eighteen-hole golf course, and/or located in a facility that consists of at least eight thousand (8,000) square feet being heated and cooled,
b. Used for the purpose of providing meals and hosting events, and
c. Used for the purpose of teaching culinary arts courses and/or turf management and grounds keeping courses, and/or outdoor recreation and leadership courses;
12. Any facility and related property that:
a. Consist of at least eight thousand (8,000) square feet being heated and cooled,
b. For a fee is used to host events,
c. Is used for the purpose of culinary arts courses, and/or live entertainment courses and art performances, and/or outdoor recreation and leadership courses;
13. The clubhouse and associated golf course where the golf course is adjacent to one or more residential developments and the golf course and all such developments collectively include at least two hundred (200) acres and at least one hundred fifty (150) residential units and are located a. in a county that has voted against coming out from under the dry law; and b. outside of but in close proximity to a municipality in such county which has voted under Section 67-1-14, after January 1, 2013, to come out from under the dry law;
14. The clubhouse and associated eighteen-hole golf course located in a municipality traversed by Interstate Highway 55 and U.S. Highway 51 that has voted to come out from under the dry law;
15. a. Land that is planned for mixed-use development and consists of at least two hundred (200) contiguous acres with one or more planned residential developments collectively planned to include at least two hundred (200) residential units when completed, and also including a facility that consists of at least four thousand (4,000) square feet that is not part of such land but is located adjacent to or in close proximity thereto, and which land is located:
A. In a county that has voted to come out from under the dry law,
B. Outside the corporate limits of any municipality in such county and adjacent to or in close proximity to a golf course located in a municipality in such county, and
C. Within one (1) mile of a state institution of higher learning;
b. The board of supervisors of such county may by resolution or other order:
A. Specify the hours of operation of facilities that offer alcoholic beverages for sale,
B. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages, and
C. Designate the areas in which facilities that offer alcoholic beverages for sale may be located;
16. Any facility with a capacity of five hundred (500) people or more, to be used as a venue for private events, on a tract of land in the Southwest Quarter of Section 33, Township 2 South, Range 7 East, of a county where U.S. Highway 45 and U.S. Highway 72 intersect and that has not voted to come out from under the dry law;
17. One hundred five (105) contiguous acres, more or less, located in Hinds County, Mississippi, and in the City of Jackson, Mississippi, whereon are constructed a variety of buildings, improvements, grounds or objects for the purpose of holding events thereon to promote agricultural and industrial development in Mississippi;
18. Land that is owned by a state institution of higher learning, and:
a. Located entirely within a county that has elected by majority vote not to permit the transportation, storage, sale, distribution, receipt and/or manufacture of light wine and beer pursuant to Section 67-3-7, and
b. Adjacent to but outside the incorporated limits of a municipality that has elected by majority vote to permit the sale, receipt, storage and transportation of light wine and beer pursuant to Section 67-3-9.
If any portion of the land described in this item 18 has been declared a qualified resort area by the department before July 1, 2020, then that qualified resort area shall be incorporated into the qualified resort area created by this item 18;
19. Any facility and related property:
a. Used as a flea market or similar venue during a weekend (Saturday and Sunday) immediately preceding the first Monday of a month and having an annual average of at least one thousand (1,000) visitors for each such weekend and five hundred (500) vendors for Saturday of each such weekend, and
b. Located in a county that has not voted to come out from under the dry law and outside of but in close proximity to a municipality located in such county and which municipality has voted to come out from under the dry law;
20. Blocks 1, 2 and 3 of the original town square in any municipality with a population in excess of one thousand five hundred (1,500) according to the latest federal decennial census and which is located in:
a. A county traversed by Interstate 55 and Interstate 20, and
b. A judicial district that has not voted to come out from under the dry law;
21. Any municipality with a population in excess of two thousand (2,000) according to the latest federal decennial census and in which is located a part of White's Creek Lake and in which U.S. Highway 82 intersects with Mississippi Highway 9 and located in a county that is partially bordered on one (1) side by the Big Black River;
22. A restaurant located on a two-acre tract adjacent to a five-hundred-fifty-acre lake in the northeast corner of a county traversed by U.S. Interstate 55 and U.S. Highway 84;
23. Any tracts of land in Oktibbeha County, situated north of Bailey Howell Drive, Lee Boulevard and Old Mayhew Road, east of George Perry Street and south of Mississippi Highway 182, and not located on the property of a state institution of higher learning; however, the board of supervisors of such county may by resolution or other order:
a. Specify the hours of operation of facilities that offer alcoholic beverages for sale;
b. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages; and
c. Designate the areas in which facilities that offer alcoholic beverages for sale may be located;
24. A municipality in which Mississippi Highway 27 and Mississippi Highway 28 intersect;
25. A municipality through which run Mississippi Highway 35 and Interstate 20;
26. A municipality in which Mississippi Highway 16 and Mississippi Highway 35 intersect;
27. A municipality in which U.S. Highway 82 and Old Highway 61 intersect;
28. A municipality in which Mississippi Highway 8 meets Mississippi Highway 1;
29. A municipality in which U.S. Highway 82 and Mississippi Highway 1 intersect;
30. A municipality in which Mississippi Highway 50 meets Mississippi Highway 9;
31. An area bounded on the north by Pearl Street, on the east by West Street, on the south by Court Street and on the west by Farish Street, within a municipality bordered on the east by the Pearl River and through which run Interstate 20 and Interstate 55;
32. Any facility and related property that:
a. Is contracted for mixed-use development improvements consisting of office and residential space and a restaurant and lounge, partially occupying the renovated space of a four-story commercial building which previously served as a financial institution; and adjacent property to the west consisting of a single-story office building that was originally occupied by the Brotherhood of Carpenters and Joiners of American Local Number 569; and
b. Is situated on a tract of land consisting of approximately one and one-tenth (1.10) acres, and the adjacent property to the west consisting of approximately 0.5 acres, located in a municipality which is the seat of county government, situated south of Interstate 10, traversed by U.S. Highway 90, partially bordered on one (1) side by the Pascagoula River and having its most southern boundary bordered by the Gulf of Mexico, with a population greater than twenty-two thousand (22,000) according to the 2010 federal decennial census; however, the governing authorities of such a municipality may by ordinance:
A. Specify the hours of operation of facilities that offer alcoholic beverages for sale;
B. Specify the percentage of revenue that facilities that offer alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages; and
C. Designate the areas within the facilities in which alcoholic beverages may be offered for sale;
33. Any facility with a maximum capacity of one hundred twenty (120) people that consists of at least three thousand (3,000) square feet being heated and cooled, has a commercial kitchen, has a pavilion that consists of at least nine thousand (9,000) square feet and is located on land more particularly described as follows:
All that part of the East Half of the Northwest Quarter of Section 21, Township 7 South, Range 4 East, Union County, Mississippi, that lies South of Mississippi State Highway 348 right-of-way and containing 19.48 acres, more or less.
ALSO,
The Northeast 38 acres of the Southwest Quarter of Section 21, Township 7 South, Range 4 East, Union County, Mississippi.
ALSO,
The South 81 1/2 acres of the Southwest Quarter of Section 21, Township 7 South, Range 4 East, Union County, Mississippi;
34. A municipality in which U.S. Highway 51 and Mississippi Highway 16 intersect;
35. A municipality in which Interstate 20 passes over Mississippi Highway 15;
36. Any municipality that is bordered in its northwestern boundary by the Pearl River, traversed by U.S. Highway 49 and Interstate 20, and is located in a county which has voted against coming out from under the dry law;
37. A municipality in which Mississippi Highway 28 and Mississippi Highway 29 North intersect;
38. An area bounded as follows within a municipality through which run Interstate 22 and Mississippi Highway 15: Beginning at a point at the intersection of Bankhead Street and Tallahatchie Trails; then running to a point at the intersection of Tallahatchie Trails and Interstate 22; then running to a point at the intersection of Interstate 22 and Carter Avenue; then running to a point at the intersection of Carter Avenue and Camp Avenue; then running to a point at the intersection of Camp Avenue and King Street; then running to a point at the intersection of King Street and E. Main Street; then running to a point at the intersection of E. Main Street and Camp Avenue; then running to a point at the intersection of Camp Avenue and Highland Street; then running to a point at the intersection of Highland Street and Adams Street; then running to a point at the intersection of Adams Street and Cleveland Street; then running to a point at the intersection of Cleveland Street and N. Railroad Avenue; then running to a point at the intersection of N. Railroad Avenue and McGill Street; then running to a point at the intersection of McGill Street and Snyder Street; then running to a point at the intersection of Snyder Street and Bankhead Street; then running to a point at the intersection of Bankhead Street and Tallahatchie Trails and the point of the beginning;
39. A municipality through which run Mississippi Highway 43 and U.S. Highway 80;
40. The coliseum in a municipality in which U.S. Highway 72 passes over U.S. Highway 45;
41. A piece of property on the northeast corner of the T-intersection where Builders Square Drive meets Mississippi Highway 471;
42. The clubhouse and associated golf course, tennis courts and related facilities and swimming pool and related facilities located on Oaks Country Club Road less than one-half (1/2) mile to the east of Mississippi Highway 15;
43. Any facility located on land more particularly described as follows:
The East Half (E 1/2) of the Southwest Quarter (SW 1/4) of Section 15, Township 3 North, Range 2 East; a 4 acre parcel in the Southwest Corner of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4), Section 15, Township 3 North, Range 2 East, running 210 feet east and west and 840 feet running north and south; the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of Section 22, Township 3 North, Range 2 East, all in Rankin County, Mississippi;
44. Any facility located on land more particularly described as follows:
Beginning at a point 1915 feet west and 2171 feet north of southeast corner, Section 11, Township 24 North, Range 2 West, Second Judicial District, Tallahatchie County, Mississippi, which point is the southwest corner of J.C. Section Lot mentioned in deed recorded in Book 50, page 34, in the records of the Chancery Clerk's Office at Sumner, in said District of said County; thence South 80° West, 19 feet to the east boundary of United States Highway 49-E, thence East along the east boundary of said Highway 270 feet to point of beginning of Lot to be conveyed; thence southeast along the east boundary of said Highway 204 feet to a concrete post at the intersection of the east boundary of said Highway with the west boundary of gravel road from Sumner to Webb, known as Oil Mill Road, thence Northwest along west boundary of said Oil Mill Road 194 feet to center of driveway running southwest from said Oil Mill Road to U.S. Highway 49-E; thence South 66° West along center of said driveway 128 feet to point of beginning, being situated in Northwest Quarter of Southeast Quarter of Section 11, together with all improvements situated thereon;
45. Any facility that:
a. Consists of at least five thousand six hundred (5,600) square feet being heated and cooled along with a lakeside patio that consists of at least two thousand two hundred (2,200) square feet, regardless of whether such patio is part of the facility and/or located adjacent to or in close proximity to the facility;
b. Includes a caterer's kitchen and green room for entertainment preparation;
c. For a fee is used to host events; and
d. Is located adjacent to or in close proximity to an approximately nine (9) acre lake on property that consists of at least one hundred twenty (120) acres in a county traversed by Mississippi Highway 15 and U.S. Highway 278;
46. Any municipality with a population in excess of one thousand (1,000) according to the 2010 federal decennial census and which is located in a county that is traversed by U.S. Highways 84 and 98 and has not voted to come out from under the dry law;
47. The clubhouse and associated nine-hole golf course, tennis courts and related facilities and swimming pool and related facilities located on or near U.S. Highway 82 between Mississippi Highway 15 and Mississippi Highway 9;
48. The downtown square area bound by East Service Drive, Commerce Street, Second Street and Court Street and adjacent properties in a municipality through which run Interstate 55, U.S. Highway 51 and Mississippi Highway 306;
49. All parcels zoned for mixed-use development located west of Mississippi Highway 589, more than four hundred (400) feet north of Old Highway 24, east of Parkers Creek and Black Creek, and south of J M Burge Road; and
50. Any facility used by a soccer club and located on Old Highway 11 between one-tenth (0.1) and two-tenths (0.2) of a mile from its intersection with Oak Grove Road, in a county in which U.S. Highway 98 and Mississippi Highway 589 intersect.
The status of these municipalities, districts, clubhouses, facilities, golf courses and areas described in this paragraph (o)(iii) as qualified resort areas does not require any declaration of same by the department.
The governing authorities of a municipality described, in whole or in part, in item 6, 21, 24, 25, 26, 27, 28, 29, 30, 31, 34, 35, 36, 37, 38, 39, 46 or 48 of this paragraph (o)(iii) may by ordinance: specify the hours of operation of facilities offering alcoholic beverages for sale; specify the percentage of revenue that facilities offering alcoholic beverages for sale must derive from the preparation, cooking and serving of meals and not from the sale of beverages; and designate the areas in which facilities offering alcoholic beverages for sale may be located.
(p) "Native wine" means any product, produced in Mississippi for sale, having an alcohol content not to exceed twenty-one percent (21%) by weight and made in accordance with revenue laws of the United States, which shall be obtained primarily from the alcoholic fermentation of the juice of ripe grapes, fruits, berries, honey or vegetables grown and produced in Mississippi; provided that bulk, concentrated or fortified wines used for blending may be produced without this state and used in producing native wines. The department shall adopt and promulgate rules and regulations to permit a producer to import such bulk and/or fortified wines into this state for use in blending with native wines without payment of any excise tax that would otherwise accrue thereon.
(q) "Native winery" means any place or establishment within the State of Mississippi where native wine is produced, in whole or in part, for sale.
(r) "Bed and breakfast inn" means an establishment within a municipality where in consideration of payment, breakfast and lodging are habitually furnished to travelers and wherein are located not less than eight (8) and not more than nineteen (19) adequately furnished and completely separate sleeping rooms with adequate facilities, that persons usually apply for and receive as overnight accommodations; however, such restriction on the minimum number of sleeping rooms shall not apply to establishments on the National Register of Historic Places. No place shall qualify as a bed and breakfast inn under this article unless on the date of the initial application for a license under this article more than fifty percent (50%) of the sleeping rooms are located in a structure formerly used as a residence.
(s) "Board" shall refer to the Board of Tax Appeals of the State of Mississippi.
(t) "Spa facility" means an establishment within a municipality or qualified resort area and owned by a hotel where, in consideration of payment, patrons receive from licensed professionals a variety of private personal care treatments such as massages, facials, waxes, exfoliation and hairstyling.
(u) "Art studio or gallery" means an establishment within a municipality or qualified resort area that is in the sole business of allowing patrons to view and/or purchase paintings and other creative artwork.
(v) "Cooking school" means an establishment within a municipality or qualified resort area and owned by a nationally recognized company that offers an established culinary education curriculum and program where, in consideration of payment, patrons are given scheduled professional group instruction on culinary techniques. For purposes of this paragraph, the definition of cooking school shall not include schools or classes offered by grocery stores, convenience stores or drugstores.
(w) "Campus" means property owned by a public school district, community or junior college, college or university in this state where educational courses are taught, school functions are held, tests and examinations are administered or academic course credits are awarded; however, the term shall not include any "restaurant" or "hotel" that is located on property owned by a community or junior college, college or university in this state, and is operated by a third party who receives all revenue generated from food and alcoholic beverage sales.
(x) "Native spirit" shall mean any beverage, produced in Mississippi for sale, manufactured primarily by the distillation of fermented grain, starch, molasses or sugar produced in Mississippi, including dilutions and mixtures of these beverages. In order to be classified as "native spirit" under the provisions of this article, at least fifty-one percent (51%) of the finished product by volume shall have been obtained from distillation of fermented grain, starch, molasses or sugar grown and produced in Mississippi.
(y) "Native distillery" shall mean any place or establishment within this state where native spirit is produced in whole or in part for sale.
(z) "Warehouse operator" shall have the meaning ascribed in Section 67-1-201.
SECTION 341. Section 83-23-215, Mississippi Code of 1972, is amended as follows:
83-23-215. (1) If a member insurer is an impaired insurer, the association may, in its discretion, and subject to any conditions imposed by the association that do not impair the contractual obligations of the impaired insurer, and that are approved by the commissioner:
(a) Guarantee, assume, reissue, or reinsure, or cause to be guaranteed, assumed, reissued or reinsured, any or all of the policies or contracts of the impaired insurer; or
(b) Provide such monies, pledges, loans, notes, guarantees or other means as are proper to effectuate paragraph (a), and assure payment of the contractual obligations of the impaired insurer pending action under paragraph (a).
(2) If a member insurer is an insolvent insurer, the association shall, in its discretion, either:
(a) (i) 1. Guarantee, assume, reissue, or reinsure, or cause to be guaranteed, assumed, reissued or reinsured, the policies or contracts of the insolvent insurer; or
2. Assure payment of the contractual obligations of the insolvent insurer; and
(ii) Provide monies, pledges, loans, notes, guarantees or other means reasonably necessary to discharge the association's duties; or
(b) Provide benefits and coverages in accordance with the following provisions:
(i) With respect to policies and contracts, assure payment of benefits that would have been payable under the policies or contracts of the insolvent insurer, for claims incurred:
1. With respect to group policies and contracts, not later than the earlier of the next renewal date under those policies or contracts or forty-five (45) days, but in no event less than thirty (30) days, after the date on which the association becomes obligated with respect to the policies and contracts;
2. With respect to nongroup policies, contracts and annuities not later than the earlier of the next renewal date (if any) under the policies or contracts or one (1) year, but in no event less than thirty (30) days, from the date on which the association becomes obligated with respect to the policies or contracts;
(ii) Make diligent efforts to provide all known insureds, enrollees or annuitants (for nongroup policies and contracts), or group policy or contract owners with respect to group policies and contracts, thirty (30) days' notice of the termination (pursuant to subparagraph (i) of this paragraph) of the benefits provided;
(iii) With respect to nongroup policies and contracts covered by the association, make available to each known insured, enrollee, or annuitant, or owner if other than the insured, or annuitant, and with respect to an individual formerly an insured, enrollee or annuitant under a group policy or contract who is not eligible for replacement group coverage, make available substitute coverage on an individual basis in accordance with the provisions of subparagraph (iv), if the insureds, enrollees or annuitants had a right under law or the terminated policy, contract or annuity to convert coverage to individual coverage or to continue an individual policy, contract or annuity in force until a specified age or for a specified time, during which the insurer or health maintenance organization had no right unilaterally to make changes in any provision of the policy, contract or annuity or had a right only to make changes in premium by class;
(iv) 1. In providing the substitute coverage required under subparagraph (iii), the association may offer either to reissue the terminated coverage or to issue an alternative policy or contract at actuarially justified rates, subject to the prior approval of the commissioner;
2. Alternative or reissued policies or contracts shall be offered without requiring evidence of insurability, and shall not provide for any waiting period or exclusion that would not have applied under the terminated policy or contract;
3. The association may reinsure any alternative or reissued policy or contract;
(v) 1. Alternative policies or contracts adopted by the association shall be subject to the approval of the commissioner. The association may adopt alternative policies or contracts of various types for future issuance without regard to any particular impairment or insolvency;
2. Alternative policies or contracts shall contain at least the minimum statutory provisions required in this state and provide benefits that shall not be unreasonable in relation to the premium charged. The association shall set the premium in accordance with a table of rates which it shall adopt. The premium shall reflect the amount of insurance to be provided and the age and class of risk of each insured, but shall not reflect any changes in the health of the insured after the original policy or contract was last underwritten;
3. Any alternative policy or contract issued by the association shall provide coverage of a type similar to that of the policy or contract issued by the impaired or insolvent insurer, as determined by the association;
(vi) If the association elects to reissue terminated coverage at a premium rate different from that charged under the terminated policy or contract, the premium shall be actuarially justified and set by the association in accordance with the amount of insurance or coverage provided and the age and class of risk, subject to prior approval of the commissioner;
(vii) The association's obligations with respect to coverage under any policy or contract of the impaired or insolvent insurer or under any reissued or alternative policy or contract shall cease on the date such coverage or policy or contract is replaced by another similar policy or contract by the policy or contract owner, the insured, the enrollee or the association;
(viii) When proceeding under subsection (2) of this section with respect to any policy or contract carrying guaranteed minimum interest rates, the association shall assure the payment or crediting of a rate of interest consistent with Section 83-23-205(2)(b)(iii).
(3) Nonpayment of premiums within thirty-one (31) days after the date required under the terms of any guaranteed, assumed, alternative or reissued policy or contract or substitute coverage shall terminate the association's obligations under the policy, contract or coverage under this article with respect to the policy, contract or coverage, except with respect to any claims incurred or any net cash surrender value which may be due in accordance with the provisions of this article.
(4) Premiums due for coverage after entry of an order of liquidation of an insolvent insurer shall belong to and be payable at the direction of the association. If the liquidator of an insolvent insurer requests, the association shall provide a report to the liquidator regarding such premium collected by the association. The association shall be liable for unearned premiums due to policy or contract owners arising after the entry of such order.
(5) The protection provided by this article shall not apply where any guaranty protection is provided to residents of this state by the laws of the domiciliary state or jurisdiction of the impaired or insolvent insurer other than this state.
(6) In carrying out its duties under subsection (2) of this section, the association may:
(a) Subject to approval by a court in this state, impose permanent policy or contract liens in connection with a guarantee, assumption or reinsurance agreement, if the association finds that the amounts which can be assessed under this article are less than the amounts needed to assure full and prompt performance of the association's duties under this article, or that the economic or financial conditions as they affect member insurers are sufficiently adverse to render the imposition of such permanent policy or contract liens, to be in the public interest;
(b) Subject to approval by a court in this state, impose temporary moratoriums or liens on payments of cash values and policy loans, or any other right to withdraw funds held in conjunction with policies or contracts, in addition to any contractual provisions for deferral of cash or policy loan value. In addition, in the event of a temporary moratorium or moratorium charge imposed by the receivership court on payment of cash values or policy loans, or on any other right to withdraw funds held in conjunction with policies or contracts, out of the assets of the impaired or insolvent insurer, the association may defer the payment of cash values, policy loans or other rights by the association for a period of the moratorium or moratorium charge imposed by the receivership court, except for claims covered by the association to be paid in accordance with a hardship procedure established by the liquidator or rehabilitator and approved by the receivership court.
(7) A deposit in this state, held pursuant to law or required by the commissioner for the benefit of creditors, including policy or contract owners, not turned over to the domiciliary liquidator upon the entry of a final order of liquidation or order approving a rehabilitation plan of a member insurer domiciled in this state or in a reciprocal state, pursuant to Section 83-24-103 of the Insurers Rehabilitation and Liquidation Act, shall be promptly paid to the association. The association shall be entitled to retain a portion of any amount so paid to it equal to the percentage determined by dividing the aggregate amount of policy or contract owners' claims related to that insolvency for which the association has provided statutory benefits by the aggregate amount of all policy or contract owners' claims in this state related to that insolvency and shall remit to the domiciliary receiver the amount so paid to the association less the amount retained pursuant to this subsection. Any amount so paid to the association and retained by it shall be treated as a distribution of estate assets pursuant to Section 83-24-67 of the Insurers Rehabilitation and Liquidation Act or similar provision of the state of domicile of the impaired or insolvent insurer.
(8) If the association fails to act within a reasonable period of time with respect to an insolvent insurer as provided in subsection (2) of this section, the commissioner shall have the powers and duties of the association under this article with respect to the insolvent insurer.
(9) The association may render assistance and advice to the commissioner, upon the commissioner's request, concerning rehabilitation, payment of claims, continuance of coverage or the performance of other contractual obligations of an impaired or insolvent insurer.
(10) The association shall have standing to appear or intervene before a court or agency in this state with jurisdiction over an impaired or insolvent insurer concerning which the association is or may become obligated under this article or with jurisdiction over any person or property against which the association may have rights through subrogation or otherwise. Standing shall extend to all matters germane to the powers and duties of the association, including, but not limited to, proposals for reinsuring, reissuing, modifying or guaranteeing the policies or contracts of the impaired or insolvent insurer and the determination of the policies or contracts and contractual obligations. The association shall also have the right to appear or intervene before a court or agency in another state with jurisdiction over an impaired or insolvent insurer for which the association is or may become obligated or with jurisdiction over any person or property against whom the association may have rights through subrogation or otherwise.
(11) (a) A person receiving benefits under this article shall be deemed to have assigned the rights under, and any causes of action against any person for losses arising under, resulting from or otherwise relating to, the covered policy or contract to the association to the extent of the benefits received because of this article, whether the benefits are payments of or on account of contractual obligations, continuation of coverage or provision of substitute or alternative policies, contracts or coverages. The association may require an assignment to it of such rights and causes of action by any enrollee, payee, policy or contract owner, beneficiary, insured or annuitant as a condition precedent to the receipt of any right or benefits conferred by this article upon the person.
(b) The subrogation rights of the association under this subsection shall have the same priority against the assets of the impaired or insolvent insurer as that possessed by the person entitled to receive benefits under this article.
(c) In addition to paragraphs (a) and (b) above, the association shall have all common law rights of subrogation and any other equitable or legal remedy that would have been available to the impaired or insolvent insurer or owner, beneficiary, enrollee or payee of a policy or contract with respect to such policy or contracts (including, without limitation, in the case of a structured settlement annuity, any rights of the owner, beneficiary or payee of the annuity, to the extent of benefits received pursuant to this article, against a person originally or by succession responsible for the losses arising from the personal injury relating to the annuity or payment therefore), excepting any such person responsible solely by reason of serving as an assignee in respect of a qualified assignment under Internal Revenue Code Section 130.
(d) If the preceding provisions of this subsection are invalid or ineffective with respect to any person or claim for any reason, the amount payable by the association with respect to the related covered obligations shall be reduced by the amount realized by any other person with respect to the person or claim that is attributable to the policies or contracts (or portion thereof) covered by the association.
(e) If the association has provided benefits with respect to a covered obligation and a person recovers amounts as to which the association has rights as described in the preceding paragraphs of this subsection, the person shall pay to the association the portion of the recovery attributable to the policies or contracts (or portion thereof) covered by the association.
(12) In addition to the rights and powers elsewhere in this article, the association may:
(a) Enter into such contracts as are necessary or proper to carry out the provisions and purposes of this article;
(b) Sue or be sued, including taking any legal actions necessary or proper to recover any unpaid assessments under Section 83-23-217 and to settle claims or potential claims against it;
(c) Borrow money to effect the purposes of this article; any notes or other evidence of indebtedness of the association not in default shall be legal investments for domestic insurers and may be carried as admitted assets;
(d) Employ or retain such persons as are necessary or appropriate to handle the financial transactions of the association, and to perform such other functions as become necessary or proper under this article;
(e) Take such legal action as may be necessary or appropriate to avoid or recover payment of improper claims;
(f) Exercise, for the purposes of this article and to the extent approved by the commissioner, the powers of a domestic life insurer, health insurer or health maintenance organization, but in no case may the association issue policies or contracts other than those issued to perform its obligations under this article;
(g) Organize itself as a corporation or in other legal form permitted by the laws of the state;
(h) Request information from a person seeking coverage from the association in order to aid the association in determining its obligations under this article with respect to the person, and the person shall promptly comply with the request;
(i) Unless prohibited by law, in accordance with the terms and conditions of the policy or contract, file for actuarially justified rate or premium increases for any policy or contract for which it provides coverage under this article; and
(j) Take other necessary or appropriate action to discharge its duties and obligations under this article or to exercise its powers under this article.
(13) The association may join an organization of one or more other state associations of similar purposes, to further the purposes and administer the powers and duties of the association.
(14) (a) (i) At any time within one hundred eighty (180) days of the date of the order of liquidation, the association may elect to succeed to the rights and obligations of the ceding member insurer that relate to policies, contracts or annuities covered, in whole or in part, by the association, in each case under any one or more indemnity reinsurance contracts entered into by the insolvent insurer and its reinsurers and selected by the association. Any such assumption shall be effective as of the date of the order of liquidation. The election shall be effected by the association or the National Organization of Life and Health Insurance Guaranty Associations (NOLHGA) on its behalf sending written notice, return receipt requested to the affected reinsurers.
(ii) To facilitate the earliest practicable decision about whether to assume any of the contracts of reinsurance, and in order to protect the financial position of the estate, the receiver and each reinsurer of the ceding member insurer shall make available upon request to the association or to NOLHGA on its behalf as soon as possible after commencement of formal delinquency proceedings.
1. Copies of in-force contracts of reinsurance and all related files and records relevant to the determination of whether such contracts should be assumed, and
2. Notices of any defaults under the reinsurance contracts or any known event or condition which with the passage of time could become a default under the reinsurance contracts.
(iii) The following items 1 through 4 shall apply to reinsurance contracts so assumed by the association:
1. The association shall be responsible for all unpaid premiums due under the reinsurance contracts for periods both before and after the date of the order of liquidation, and shall be responsible for the performance of all other obligations to be performed after the date of the order of liquidation, in each case which relate to policies, contracts or annuities covered, in whole or in part, by the association. The association may charge policies, contracts or annuities covered in part by the association, through reasonable allocation methods, the costs for reinsurance in excess of the obligations of the association and shall provide notice and an accounting of these charges to the liquidator;
2. The association shall be entitled to any amounts payable by the reinsurer under the reinsurance contracts with respect to losses or events that occur in periods after the date of the order of liquidation and that relate to policies, contracts or annuities covered, in whole or in part, by the association provided that, upon receipt of any such amounts, the association shall be obliged to pay to the beneficiary under the policy, contract or annuity on account of which the amounts were paid a portion of the amount equal to the lesser of:
a. The amount received by the association, and
b. The excess of the amount received by the association over the amount equal to the benefits paid by the association on account of the policy, contract or annuity less the retention of the insurer applicable to the loss or event;
3. Within thirty (30) days following the association's election (the "election date"), the association and each reinsurer under contracts assumed by the association shall calculate the net balance due to or from the association under each reinsurance contract as of the election date with respect to policies, contracts or annuities covered, in whole or in part, by the association, which calculation shall give full credit to all items paid by either the member insurer or its receiver or the reinsurer prior to the election date. The reinsurer shall pay the receiver any amounts due for losses or events prior to the date of the order of liquidation, subject to any set-off for premiums unpaid for periods prior to the date, and the association or reinsurer shall pay any remaining balance due the other, in each case within five (5) days of the completion of the aforementioned calculation. Any disputes over the amounts due to either the association or the reinsurer shall be resolved by arbitration pursuant to the terms of the affected reinsurance contracts or, if the contract contains no arbitration clause, as otherwise provided by law. If the receiver has received any amounts due the association pursuant to subparagraph (iii), the receiver shall remit the same to the association as promptly as practicable;
4. If the association or receiver, on the association's behalf, within sixty (60) days of the election date, pays the unpaid premiums due for periods both before and after the election date that relate to policies, contracts or annuities covered, in whole or in part, by the association, the reinsurer shall not be entitled to terminate the reinsurance contracts for failure to pay premium (insofar as the reinsurance contracts) relate to policies, contracts or annuities covered, in whole or in part, by the association and shall not be entitled to set off any unpaid amounts due under other contracts, or unpaid amounts due from parties other than the association against amounts due the association.
(b) During the period from the date of the order of liquidation until the election date (or, if the election date does not occur, until one hundred eighty (180) days after the date of the order of liquidation).
(i) 1. Neither the association nor the reinsurer shall have any rights or obligations under reinsurance contracts that the association has the right to assume under paragraph (a), whether for periods prior to or after the date of the order of liquidation; and
2. The reinsurer, the receiver and the association shall, to the extent practicable, provide each other data and record reasonably requested;
(ii) Provided that once the association has elected to assume a reinsurance contract, the parties' rights and obligations shall be governed by paragraph (a).
(c) If the association does not elect to assume a reinsurance contract by the election date pursuant to paragraph (a), the association shall have no rights or obligations, in each case for periods both before and after the date of the order of liquidation, with respect to the reinsurance contract.
(d) When policies, contracts, or annuities, or covered obligations with respect thereto, are transferred to an assuming insurer, reinsurance on the policies, contracts or annuities may also be transferred by the association, in the case of contracts assumed under paragraph (a), subject to the following:
(i) Unless the reinsurer and the assuming insurer agree otherwise, the reinsurance contract transferred shall not cover any new policies of insurance, contracts or annuities in addition to those transferred;
(ii) The obligations described in paragraph (a) of this subsection shall no longer apply with respect to matters arising after the effective date of the transfer; and
(iii) Notice shall be given in writing, return receipt requested, by the transferring party to the affected reinsurer not less than thirty (30) days prior to the effective date of the transfer.
(e) The provisions of this subsection shall supersede the provisions of any law or of any affected reinsurance contract that provides for or requires any payment of reinsurance proceeds, on account of losses or events that occur in periods after the date of the order of liquidation, to the receiver of the insolvent insurer or any other person. The receiver shall remain entitled to any amounts payable by the reinsurer under the reinsurance contracts with respect to losses or events that occur in periods prior to the date of the order of liquidation (subject to applicable setoff provisions).
(f) Except as otherwise provided in this subsection, nothing in this subsection shall alter or modify the terms and conditions of any reinsurance contract. Nothing in this subsection shall abrogate or limit any rights of any reinsurer to claim that it is entitled to rescind a reinsurance contract. Nothing in this subsection shall give a policyholder, contract owner, enrollee, certificate holder or beneficiary an independent cause of action against a reinsurer that is not otherwise set forth in the reinsurance contract. Nothing in this subsection shall limit or affect the association's rights as a creditor of the estate against the assets of the estate. Nothing in this subsection shall apply to reinsurance agreements covering property or casualty risks.
(15) The board of directors of the association shall have discretion and may exercise a reasonable business judgment to determine the means by which the association is to provide the benefits of this article in an economical and efficient manner.
(16) Where the association has arranged or offered to provide the benefits of this article to a covered person under a plan or arrangement that fulfills the association's obligations under this article, the person shall not be entitled to benefits from the association in addition to or other than those provided under the plan or arrangement.
(17) Venue in a suit against
the association arising under the article shall be in * * * inferior courts
of the Capitol Complex Improvement District. The association shall not be
required to give an appeal bond in an appeal that relates to a cause of action
arising under this article.
(18) In carrying out its duties in connection with guaranteeing, assuming, reissuing, or reinsuring policies or contracts under subsections (1) and (2) of this section, the association may issue substitute coverage for a policy or contract that provides an interest rate, crediting rate or similar factor determined by use of an index or other external reference stated in the policy or contract employed in calculating returns or changes in value by issuing an alternative policy or contract in accordance with the following provisions:
(a) In lieu of the index or other external reference provided for in the original policy or contract, the alternative policy or contract provides for (i) a fixed interest rate or (ii) payment of dividends with minimum guarantees or (iii) a different method for calculating interest or changes in value;
(b) There is no requirement for evidence of insurability, waiting period or other exclusion that would not have applied under the replaced policy or contract; and
(c) The alternative policy or contract is substantially similar to the replaced policy or contract in all other material terms.
SECTION 342. Section 13-3-63, Mississippi Code of 1972, is brought forward as follows:
13-3-63. The acceptance by a nonresident of the rights and privileges conferred by the provisions of this section, as evidenced by his operating, either in person or by agent or employee, a motor vehicle upon any public street, road or highway of this state, or elsewhere in this state, or the operation by a nonresident of a motor vehicle on any public street, road or highway of this state, or elsewhere in this state, other than under this section, shall be deemed equivalent to an appointment by such nonresident of the Secretary of State of the State of Mississippi to be his true and lawful attorney, upon whom may be served all lawful processes or summonses in any action or proceeding against him, growing out of any accident or collision in which said nonresident may be involved while operating a motor vehicle on such street, road or highway, or elsewhere in this state, and said acceptance or operation shall be a signification of his agreement that any such process or summons against him which is so served shall be of the same legal force and validity as if served on him personally. Service of such process or summons shall be made by the sheriff of Hinds County, upon prepayment of the fees to which he is entitled by law, by serving two (2) copies of the process or summons for each nonresident defendant, with a fee of Fifteen Dollars ($15.00) for each such defendant on the Secretary of State or by leaving two (2) copies of said process or summons with the fee in the Office of the Secretary of State, and such service shall be service upon said nonresident defendant with the same force and effect as if such nonresident had been personally served with such process or summons within the State of Mississippi. One (1) of the copies of such process or summons shall be preserved by the Secretary of State as a record of his office. Notice of such service, together with a copy of the process or summons, shall be mailed forthwith as certified or registered mail, restricted for delivery to addressee only and with postage prepaid, by the Secretary of State to each such nonresident defendant at his last known address, which address shall be written on the process or summons upon the issuance thereof by the clerk of the court wherein the action is pending, or notice of such service and copy of process or summons actually shall be delivered to the said defendant. The defendant's return receipt or evidence of defendant's refusal to accept delivery of such certified or registered mail, in case such notice and copy of process or summons are sent by certified or registered mail, or affidavit of the person delivering such notice and copy of process or summons, in case such notice and copy of process or summons actually are delivered, shall be filed in the court wherein such action is pending before judgment can be entered against such nonresident defendant. The Secretary of State, upon receipt of such return receipt or evidence of the refusal of such defendant to accept delivery of such certified or registered mail, shall promptly return same to the clerk of the court wherein such action is pending, and the said clerk of the court shall promptly file and preserve same among the records of such action or proceeding. The court in which the action is pending may order such continuance as may be necessary to afford the defendant reasonable opportunity to defend the action.
Any cause of action arising out of such accident or collision against any such nonresident, in case of the death of such nonresident, shall survive against his administrator, executor or other personal representative of his estate, and service of all necessary and lawful process or summons, when had or obtained upon any such nonresident owner, nonresident operator or agent or employee, or upon the executor, administrator or other legal representative of the estate of such nonresident owner or nonresident operator, in the manner as hereinbefore provided, for the service of all lawful processes or summonses, herein, shall be deemed sufficient service of process or summons to give any court of this state, in which such action may be filed in accordance with the statutes of the State of Mississippi, jurisdiction over the cause of action and over the nonresident owner, nonresident operator or agent or employee, or the nonresident executor, or administrator of such nonresident owner or nonresident operator, defendant or defendants, and shall warrant and authorize personal judgment against such nonresident owner, nonresident operator, agent, employee, executor or administrator or other legal representative of the estate of such nonresident owner or nonresident operator, defendant or defendants, in the event the plaintiff in such cause of action shall prevail.
The agency or relationship created under the provisions of this section by and between the nonresident owner or nonresident operator of a motor vehicle operating upon the public road, street or highway of this state, or elsewhere in this state, as hereinbefore set forth, in the event of the death of such nonresident owner or nonresident operator of such motor vehicle, shall survive and continue and extend to his executor, administrator or other legal representative of his estate, and the Secretary of State of the State of Mississippi shall be in the same position and relationship with respect to the executor, administrator or other legal representative of the estate of such nonresident owner or nonresident operator of such motor vehicle, as he was in or would have been in with the nonresident owner or nonresident operator of said motor vehicle, had such nonresident owner or nonresident operator survived, and in any action arising or growing out of such accident or collision in which such nonresident owner or nonresident operator of a motor vehicle may be involved while operating a motor vehicle on such street, road or highway or elsewhere in this state, where the nonresident owner or nonresident operator of such motor vehicle has died prior to the commencement of an action against him because of or growing out of such accident or collision, service of process or summons may be had or made upon the nonresident executor, administrator or other legal representative of the estate of such nonresident owner or operator of the motor vehicle involved in such accident or collision, in the same manner and upon the same notice as hereinbefore provided in the case of process or summons upon the nonresident owner or nonresident operator of such motor vehicle. When such process or summons is served, made or had against the nonresident executor or administrator or such nonresident owner or such nonresident operator of such motor vehicle involved in such accident or collision, it shall be deemed sufficient service of such summons or process to give any court in this state in which such action may be filed, in accordance with the provisions of the statutes of the State of Mississippi, jurisdiction over the cause of action and over such nonresident executor or administrator of such nonresident owner or operator of such motor vehicle insofar as such cause of action is involved.
The provisions of this section shall likewise apply to any person who is a nonresident at the time any action or proceeding is commenced against him, even though said person was a resident at the time any action or proceeding accrued against him.
SECTION 343. Section 37-101-15, Mississippi Code of 1972, is brought forward as follows:
37-101-15. (a) The Board of Trustees of State Institutions of Higher Learning shall succeed to and continue to exercise control of all records, books, papers, equipment, and supplies, and all lands, buildings, and other real and personal property belonging to or assigned to the use and benefit of the board of trustees formerly supervising and controlling the institutions of higher learning named in Section 37-101-1. The board shall have and exercise control of the use, distribution and disbursement of all funds, appropriations and taxes, now and hereafter in possession, levied and collected, received, or appropriated for the use, benefit, support, and maintenance or capital outlay expenditures of the institutions of higher learning, including the authorization of employees to sign vouchers for the disbursement of funds for the various institutions, except where otherwise specifically provided by law.
(b) The board shall have general supervision of the affairs of all the institutions of higher learning, including the departments and the schools thereof. The board shall have the power in its discretion to determine who shall be privileged to enter, to remain in, or to graduate therefrom. The board shall have general supervision of the conduct of libraries and laboratories, the care of dormitories, buildings, and grounds; the business methods and arrangement of accounts and records; the organization of the administrative plan of each institution; and all other matters incident to the proper functioning of the institutions. The board shall have the authority to establish minimum standards of achievement as a prerequisite for entrance into any of the institutions under its jurisdiction, which standards need not be uniform between the various institutions and which may be based upon such criteria as the board may establish.
(c) The board shall exercise all the powers and prerogatives conferred upon it under the laws establishing and providing for the operation of the several institutions herein specified. The board shall adopt such bylaws and regulations from time to time as it deems expedient for the proper supervision and control of the several institutions of higher learning, insofar as such bylaws and regulations are not repugnant to the Constitution and laws, and not inconsistent with the object for which these institutions were established. The board shall have power and authority to prescribe rules and regulations for policing the campuses and all buildings of the respective institutions, to authorize the arrest of all persons violating on any campus any criminal law of the state, and to have such law violators turned over to the civil authorities.
(d) For all institutions specified herein, the board shall provide a uniform system of recording and of accounting approved by the State Department of Audit. The board shall annually prepare, or cause to be prepared, a budget for each institution of higher learning for the succeeding year which must be prepared and in readiness for at least thirty (30) days before the convening of the regular session of the Legislature. All relationships and negotiations between the State Legislature and its various committees and the institutions named herein shall be carried on through the board of trustees. No official, employee or agent representing any of the separate institutions shall appear before the Legislature or any committee thereof except upon the written order of the board or upon the request of the Legislature or a committee thereof.
(e) For all institutions specified herein, the board shall prepare an annual report to the Legislature setting forth the disbursements of all monies appropriated to the respective institutions. Each report to the Legislature shall show how the money appropriated to the several institutions has been expended, beginning and ending with the fiscal years of the institutions, showing the name of each teacher, officer, and employee, and the salary paid each, and an itemized statement of each and every item of receipts and expenditures. Each report must be balanced, and must begin with the former balance. If any property belonging to the state or the institution is used for profit, the reports shall show the expense incurred in managing the property and the amount received therefrom. The reports shall also show a summary of the gross receipts and gross disbursements for each year and shall show the money on hand at the beginning of the fiscal period of the institution next preceding each session of the Legislature and the necessary amount of expense to be incurred from said date to January 1 following. The board shall keep the annual expenditures of each institution herein mentioned within the income derived from legislative appropriations and other sources, but in case of emergency arising from acts of providence, epidemics, fire or storm with the written approval of the Governor and by written consent of a majority of the senators and of the representatives it may exceed the income. The board shall require a surety bond in a surety company authorized to do business in this state of every employee who is the custodian of funds belonging to one or more of the institutions mentioned herein, which bond shall be in a sum to be fixed by the board in an amount that will properly safeguard the said funds, the premium for which shall be paid out of the funds appropriated for said institutions.
(f) The board shall have the power and authority to elect the heads of the various institutions of higher learning and to contract with all deans, professors, and other members of the teaching staff, and all administrative employees of said institutions for a term not exceeding four (4) years. The board shall have the power and authority to terminate any such contract at any time for malfeasance, inefficiency, or contumacious conduct, but never for political reasons. It shall be the policy of the board to permit the executive head of each institution to nominate for election by the board all subordinate employees of the institution over which he presides. It shall be the policy of the board to elect all officials for a definite tenure of service and to reelect during the period of satisfactory service. The board shall have the power to make any adjustments it thinks necessary between the various departments and schools of any institution or between the different institutions.
(g) The board shall keep complete minutes and records of all proceedings which shall be open for inspection by any citizen of the state.
(h) The board shall have the power to enter into an energy performance contract, energy services contract, on a shared-savings, lease or lease-purchase basis, for energy efficiency services and/or equipment as prescribed in Section 31-7-14.
(i) The Board of Trustees of State Institutions of Higher Learning, for and on behalf of Jackson State University, is hereby authorized to convey by donation or otherwise easements across portions of certain real estate located in the City of Jackson, Hinds County, Mississippi, for right-of-way required for the Metro Parkway Project.
(j) In connection with any international contract between the board or one (1) of the state's institutions of higher learning and any party outside of the United States, the board or institution that is the party to the international contract is hereby authorized and empowered to include in the contract a provision for the resolution by arbitration of any controversy between the parties to the contract relating to such contract or the failure or refusal to perform any part of the contract. Such provision shall be valid, enforceable and irrevocable without regard to the justiciable character of the controversy. Provided, however, that in the event either party to such contract initiates litigation against the other with respect to the contract, the arbitration provision shall be deemed waived unless asserted as a defense on or before the responding party is required to answer such litigation.
(k) The Board of Trustees of State Institutions of Higher Learning ("board"), on behalf of any institution under its jurisdiction, shall purchase and maintain business property insurance and business personal property insurance on all university-owned buildings and/or contents as required by federal law and regulations of the Federal Emergency Management Agency (FEMA) as is necessary for receiving public assistance or reimbursement for repair, reconstruction, replacement or other damage to those buildings and/or contents caused by the Hurricane Katrina Disaster of 2005 or subsequent disasters. The board is authorized to expend funds from any available source for the purpose of obtaining and maintaining that property insurance. The board is authorized to enter into agreements with the Department of Finance and Administration, local school districts, community/junior college districts, community hospitals and/or other state agencies to pool their liabilities to participate in a group business property and/or business personal property insurance program, subject to uniform rules and regulations as may be adopted by the Department of Finance and Administration.
(l) The Board of Trustees of State Institutions of Higher Learning, or its designee, may approve the payment or reimbursement of reasonable travel expenses incurred by candidates for open positions at the board's executive office or at any of the state institutions of higher learning, when the job candidate has incurred expenses in traveling to a job interview at the request of the board, the Commissioner of Higher Education or a state institution of higher learning administrator.
(m) (i) The Board of Trustees of State Institutions of Higher Learning is authorized to administer and approve contracts for the construction and maintenance of buildings and other facilities of the state institutions of higher learning, including related contracts for architectural and engineering services, which are paid for with self-generated funds.
(ii) Additionally, the board is authorized to oversee, administer and approve contracts for the construction and maintenance of buildings and other facilities of the state institutions of higher learning, including related contracts for architectural and engineering services, which are funded in whole or in part by general obligation bonds of the State of Mississippi at institutions designated annually by the board as being capable to procure and administer all such contracts. Prior to the disbursement of funds, an agreement for each project between the institution and the Department of Finance and Administration shall be executed. The approval and execution of the agreement shall not be withheld by either party unless the withholding party provides a written, detailed explanation of the basis for withholding to the other party. The agreement shall stipulate the responsibilities of each party, applicable procurement regulations, documentation and reporting requirements, conditions prior to, and schedule of, disbursement of general obligation bond funds to the institution and provisions concerning handling any remaining general obligation bonds at the completion of the project. Such agreement shall not include provisions that constitute additional qualifications or criteria that act to invalidate the designation of an institution as capable of procuring and administering such project. Inclusion of any such provisions may be appealed to the Public Procurement Review Board. This paragraph (ii) shall stand repealed from and after July 1, 2025.
SECTION 344. Section 23-15-931, Mississippi Code of 1972, is amended as follows:
23-15-931. When the day for
the hearing has been set, the circuit clerk shall issue subpoenas for witnesses
as in other litigated cases, and he shall also issue a summons to each of the
five (5) election commissioners of the county, unless they waive summons,
requiring them to attend the hearing, throughout which the commissioners shall
sit with the judge as advisors or assistants in the trial and determination of
the facts, and as assistants in counts, calculations and inspections, and in
seeing to it that ballots, papers, documents, books and the like are diligently
secured against misplacement, alteration, concealment or loss both in the
sessions and during recesses or adjournments. The judge is, however, the
controlling judge both of the facts and the law, and has all the power in every
respect of a circuit judge in termtime. The tribunal shall be attended by the
sheriff, and clerk, each with sufficient deputies, and by a court reporter. The
special tribunal so constituted shall fully hear the contest or complaint de
novo, and the original contestant before the party executive committee shall
have the burden of proof and the burden of going forward with the evidence in
the hearing before the special tribunal. The special tribunal, after the contest
or complaint has been fully heard anew, shall make a finding dictated to the reporter
covering all controverted material issues of fact, together with any dissents
of any commissioner, and thereupon, the trial judge shall enter the judgment
which the county executive committee should have entered, of which the election
commissioners shall take judicial notice, or if the matter be one within the
jurisdiction of the State Executive Committee, the judgment shall be certified
and promptly forwarded to the Secretary of the State Executive Committee, and,
in the absence of an appeal, it shall be the duty of the State Executive
Committee forthwith to reassemble and revise any decision theretofore made by it
so as to conform to the judicial judgment; that when the contest is upon a complaint
filed with the State Executive Committee and the petition to the court avers
that the wrong or irregularity is one which occurred wholly within the
proceedings of the state committee, the petition to the court shall be filed in
the * * * inferior courts of the Capitol Complex Improvement
District and, after notice served, shall be promptly heard by the circuit
judge of that county, without the attendance of commissioners.
SECTION 345. Section 29-1-201, Mississippi Code of 1972, is brought forward as follows:
29-1-201. (1) The Governor's Office of General Services is hereby authorized and empowered, in its discretion, to lease for a period of not more than fifteen (15) years all or any part of those lands originally leased for ninety-nine (99) years as authorized by an act of the Legislature on March 2, 1875, the same appearing as Chapter LXII, Laws of 1875; said lands lying and being situated in the City of Jackson, First Judicial District, State of Mississippi; or to lease such lands to a public service corporation serving the general public of the State of Mississippi in the City of Jackson, the lease not to exceed a period of twenty-five (25) years; or to rent on a monthly basis the said lands; said rental or lease to be subject to the following terms and conditions applicable thereto:
(a) That the Governor's Office of General Services find and determine that the said lands, or parts thereof, are neither now needed nor are they programmed by the State of Mississippi for governmental purposes within the period of the proposed term of said lease or rental.
(b) That any lease period shall be computed from the expiration of the present lease, if any, on said lands.
(c) That the annual amount paid for leased lands be in an amount of not less than seven and one-half percent (7-1/2%) of the current fair market value as determined by the averaging of at least two (2) appraisals by members of the American Institute of Real Estate Appraisers or the Society of Real Estate Appraisers. The said appraisals shall be made not later than six (6) months prior to the expiration of any existing lease, and the said appraisals shall be made available to all interested parties. Thereafter, appraisals on said property may be made every five (5) years (computed from the date of the beginning of each such lease) at the insistence of either party and at the cost of the party demanding same, and the annual dollar rent shall be adjusted in accordance with said appraisal. All such appraisals shall be based on land value less any improvements that may have been heretofore added by the leaseholder in possession, or that hereafter be added by the leaseholder in possession; provided, however, that all improvements permanently affixed to any of the said lands under lease or rental as provided for herein shall become the property of the State of Mississippi upon final termination of such lease or rental.
(d) That the present holders under the unexpired terms of the existing leases shall have the first right and option to re-lease such lands, as they now may hold, provided that the existing leaseholders agree to pay rent at an annual amount of not less than seven and one-half percent (7-1/2%) of the fair market value of the property as determined by the terms and conditions stated in paragraph (c) of this subsection, and the re-leasing of such lands shall be subject to the other terms and conditions stated in this section. Consideration may be given to the present leaseholders under the existing leases in determining the term of the lease period to be granted under the first right and option as herein provided.
(e) That in the case of monthly rental of said lands or any part thereof, the Governor's Office of General Services is authorized to make such terms and agreements as to the amount and conditions thereof, and to follow such procedure as will insure that a fair and equitable return to the state is effectuated thereby.
(f) That in the event the Governor's Office of General Services is unable to lease the said lands as hereinabove provided or in the event the present leaseholders fail to exercise their option to re-lease, then in that event the Governor's Office of General Services shall, by public notice, offer the said lands to the highest and best bidder therefor; with said notice being published in one or more newspapers of general circulation in each existing congressional district; provided, however, the Governor's Office of General Services shall reserve unto itself the right to reject any or all such bids.
(g) That any present leaseholder of said lands who desires to exercise his right to first option to re-lease, as provided for herein, shall notify the Governor's Office of General Services in writing of his intent to exercise that right not later than three (3) months after the said appraisals provided for in subsection (c) are made available.
(h) That any lease or rental contract or agreement entered into by virtue of this section shall be approved as to form by the Public Procurement Review Board before the same is to be effective.
(i) That all monies derived from the lease, rental, sale or conveyance of such lands be deposited in the state land acquisition fund, which may be utilized for the purchase of additional state lands where authorized by act of the Legislature, for necessary repairs or renovations to facilities on such lands, or for appraisals, studies and other consulting costs related to the potential development, marketing, sale or long-term lease of such lands.
(j) That the Governor's Office of General Services is authorized to borrow money from the Mississippi Development Bank or other financial institution for the purpose of renovation of vacant buildings or portions thereof on such lands and lease the same in an amount less than that required under paragraph (c) of this subsection under the following conditions:
(i) The lease is made to a public service corporation serving the general public of the State of Mississippi in the City of Jackson;
(ii) The lease payments over the initial lease term cover the actual costs of renovation including any interest and fees as well as all costs of the Governor's Office of General Services for utilities, maintenance and security over the lease term; and
(iii) The lease may be subsequently renewed for additional periods not to exceed fifteen (15) years each for an annual amount to be renegotiated and set by the Governor's Office of General Services.
(k) Nothing in this section shall be construed to authorize the sale or transfer of title to the said lands.
(2) It is the intent and purpose of this section to provide a fair and equitable return for the lease or rental of the said seat of government lands, and to afford lessees holding existing leases the first right and option to lease the same lands that they presently hold so as to continue any business or other utilization of the said lands not to exceed the periods provided for herein; and the Governor's Office of General Services is hereby empowered and authorized to follow such procedure and to make such arrangements, not inconsistent with the provisions here, as may be reasonably necessary to effect such purpose and intent.
SECTION 346. This act shall take effect and be in force from and after July 1, 2023.