MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Ways and Means

By: Representatives Lamar, Shanks, Wallace

House Bill 1020

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 BRING FORWARD SECTION 29-5-203, MISSISSIPPI CODE OF 1972, WHICH DESCRIBES THE BOUNDARIES OF THE CAPITOL COMPLEX IMPROVEMENT DISTRICT, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTION 9-1-105, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE MISSISSIPPI SUPREME COURT TO APPOINT SPECIAL JUDGES, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTION 9-1-107, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR APPOINTMENT OF SENIOR STATUS JUDGES, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTION 27-65-75, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE DISTRIBUTION OF STATE SALES TAX REVENUE, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD 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, 9-9-15, 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, 55-23-6, 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, 79-4-16.05, 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, 9-5-19, 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, 9-7-25, 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, 79-4-7.48, 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, 79-4-7.03, 31-3-23, 27-35-163, 9-9-19, 75-55-37, 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, 79-4-14.31, 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, 55-23-35, 55-23-23, 9-7-23, 83-6-33, 55-23-33, 55-23-41, 9-5-17, 99-11-37, 37-27-80, 25-3-25, 69-7-209, 25-4-109, 83-53-43, 65-26-29, 37-101-279, 29-1-205, 55-23-5, 29-1-203, 77-6-7, 55-23-13, 83-53-41, 99-35-127, 9-3-31, 29-5-107, 31-29-15, 31-27-23, 37-47-59, 83-53-37, 69-2-15, 33-11-17, 99-11-39, 27-35-527, 29-5-113, 61-1-45, 69-1-47, 73-30-11, 37-104-27, 37-125-5, 59-5-49, 73-1-41, 59-17-39, 23-15-1037, 71-15-7, 19-1-49, 29-5-111, 83-5-47, 37-115-48, 37-115-105, 45-1-19, 55-23-15, 29-5-213, 83-5-39, 79-11-345, 37-115-27, 55-23-39, 49-5-94, 83-53-33, 73-29-39, 73-4-33, 69-5-25, 83-53-15, 11-11-15, 73-3-2, 65-3-3, 73-36-36, 55-23-21, 21-29-217, 39-23-3, 73-30-21, 9-4-5, 55-23-25, 69-5-103, 25-4-107, 83-54-27, 79-29-819, 79-4-14.07, 79-14-807, 37-101-292, 81-25-171, 83-5-43, 25-11-11, 41-29-187, 29-3-157, 41-11-11, 5-8-17, 25-4-21, 77-1-47, 37-101-291, 23-15-813, 25-5-1, 47-5-931, 41-7-191, 43-13-145, 67-1-5, 83-23-215, 13-3-63, 37-101-15, 23-15-931 AND 29-1-201, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  There shall be two (2) inferior courts 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.

     (5)  The Administrative Office of Courts shall provide  monies for the office operating allowances, salaries for support staff and judges in the same manner as the ones provided to circuit and chancery judges upon annual appropriation by the Legislature.

     SECTION 3.  (1)  (a)  The Attorney General shall appoint two (2) 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 two (2) 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.

     (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)  The CCID courts shall have exclusive jurisdiction over all actions filed on or after January 1, 2024, in which the State of Mississippi is a named party to the action.

     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 county court for trial; and the county 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 proferred 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 county 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 county 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 sheriffs 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 brought forward 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, 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 east curb line of Ridgewood Road south until it meets the bank of the Pearl River;

     •  Then north along such line determined by extending the east curb line of Ridgewood Road and continuing along such curb line until it reaches the northern drainage ditch of Eastover Drive;

     •  Then west along the northern drainage ditch and curb line of Eastover Drive until it reaches the western curb line of the west frontage road of I-55;

     •  Then south along the west curb line of such frontage road until it reaches the northern curb line of Lakeland Drive;

     •  Then west along the northern curb line of Lakeland Drive until it reaches the eastern curb line of Old Canton Road;

     •  Then north along the east curb line of Old Canton Road until it reaches the northern curb line of Meadowbrook Road;

     •  Then west along the north curb line of Meadowbrook Road to the west curb line of North State Street;

     •  Then south along the west curb line of North State Street 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 Capitol Street;

     •  Then west along the north curb line of West Capitol 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 north and along the east curb line of University Blvd. until it reaches the south curb line of Hooker Street;

     •  Then east along the south curb line of Hooker Street extending in a straight line to the railroad tracks;

     •  Then north on the west side of such railroad tracks to the south curb line of South Street;

     •  Then east on South Street to the east curb line of Jefferson Street and extend the south curb line of South Street in a straight line to the east to the western edge of I-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 brought forward as follows:

     9-1-105.  (1)  Whenever 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 brought forward 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 governing 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 brought forward 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.

     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, 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.

          (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 brought forward 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 or the chancellor of the chancery court of the First Judicial District of Hinds County 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 or the chancellor of the Chancery Court of the First Judicial District of Hinds County 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 brought forward 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 or chancellor of the Chancery Court of the First Judicial District of Hinds County 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 or chancellor of the Chancery Court of the First Judicial District of Hinds County 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 brought forward 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, 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County. 

     (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 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County 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 Circuit, Chancery or County Court of the First Judicial District of Hinds County, 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 Chancery Court of the First Judicial District of Hinds County 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 Circuit Court of the First Judicial District of Hinds County 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 Chancery Court of the First Judicial District of Hinds County, Mississippi.

     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 First 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 brought forward 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 Circuit Court of the First Judicial District of Hinds County in the manner provided by law.

     SECTION 24.  Section 73-63-49, Mississippi Code of 1972, is brought forward 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 Chancery Court of the First Judicial District of Hinds County, at the election of the appellant.  If the appellant is a nonresident of this state, the appeal shall be made to the Chancery Court of the First Judicial District of Hinds County.  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 brought forward 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 Circuit Court of the First Judicial District of Hinds County 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County.

     SECTION 27.  Section 83-6-35, Mississippi Code of 1972, is brought forward 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 Circuit Court for the First Judicial District of Hinds County 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 brought forward 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 Circuit Court of the First Judicial District of Hinds County 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 brought forward 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 first judicial district of Hinds County, Mississippi.

     SECTION 30.  Section 69-7-667, Mississippi Code of 1972, is brought forward 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 Hinds County Circuit Court, First Judicial 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 brought forward 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 First Judicial District of the Chancery Court of Hinds County.  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 brought forward 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 Chancery Court of the First Judicial District of Hinds County 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 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi.

     SECTION 34.  Section 43-33-755, Mississippi Code of 1972, is brought forward 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 First Judicial District of Hinds County, Mississippi.

     SECTION 35.  Section 43-33-741, Mississippi Code of 1972, is brought forward 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 First Judicial District of Hinds County, Mississippi.

     SECTION 36.  Section 41-137-59, Mississippi Code of 1972, is brought forward 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 Circuit Court of the First Judicial District of Hinds County, Mississippi.

          (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 brought forward 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 Circuit Court of Hinds County, First Judicial 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 Chancery Court of the First Judicial District of Hinds County, Mississippi.

     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 brought forward 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 Chancery Clerk of the First Judicial District of Hinds County, Mississippi.  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 Chancery Court of the First Judicial District of Hinds County, Mississippi.

     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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 circuit court of the First Judicial District of Hinds County, Mississippi, 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 Circuit Court of the First Judicial District of Hinds County, Mississippi.  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 brought forward 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 Circuit Court of the First Judicial District of Hinds County, State of Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County 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 brought forward 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 chancery court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi.

     (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 brought forward 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, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County.

     SECTION 49.  Section 83-2-31, Mississippi Code of 1972, is brought forward as follows:

     83-2-31.  Any order issued by the commissioner under this chapter may be appealed to the Chancery Court of the First Judicial District of Hinds County 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 brought forward as follows:

     77-11-5.  (1)  Pursuant to the provisions of Section 77-3-75, the chancery court, First Judicial District of Hinds County, Mississippi, 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 brought forward 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 circuit court of the First Judicial District of Hinds County, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi.  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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward as follows:

     79-11-389.  (1)  A foreign corporation may appeal the Secretary of State's revocation of its certificate of authority to the Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 limited liability partnership with a written communication that explains the reason or reasons for denial.

     (b)  The limited liability partnership may appeal the denial of reinstatement to the Chancery Court of the First Judicial District of Hinds County or the chancery court of the county where the  limited liability partnership is domiciled within thirty (30) days after service of the communication of denial is perfected.  The 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi.  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 Chancery Court of the First Judicial District of Hinds County, Mississippi.  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 brought forward 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 chancery court of the First Judicial District of Hinds County 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 chancery court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 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 First Judicial District of Hinds County 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, consistent with the insurance laws of the State of Mississippi.

     SECTION 64.  Section 83-19-109, Mississippi Code of 1972, is brought forward 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 Chancery Court of the First Judicial District of Hinds County 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, in the manner and with the force and effect provided by Chapter 13, Title 31, Mississippi Code of 1972, for the validation of county, municipal, school district and other bonds.  The notice to taxpayers required by such statutes shall be published in a newspaper published or having a general circulation in the City of Jackson, Mississippi.

     SECTION 66.  Section 69-15-67, Mississippi Code of 1972, is brought forward 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 Circuit Court of the First Judicial District of Hinds County 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 brought forward as follows:

     51-9-113.  The chancery court of the First Judicial District of Hinds County 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 brought forward 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 Circuit Court of the First Judicial District of Hinds County.  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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi.  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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, in the manner and with the force and effect provided by Chapter 13, Title 31, Mississippi Code of 1972, for the validation of county, municipal, school district and other bonds.  The notice to taxpayers required by such statutes shall be published in a newspaper published or having a general circulation in the City of Jackson, Mississippi.

     SECTION 71.  Section 39-17-119, Mississippi Code of 1972, is brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, in the manner and with the force and effect provided by Chapter 13, Title 31, Mississippi Code of 1972, for the validation of county, municipal, school district and other bonds.  The notice to taxpayers required by such statutes shall be published in a newspaper published or having a general circulation in the City of Jackson, Mississippi.

     SECTION 72.  Section 43-33-783, Mississippi Code of 1972, is brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, in the manner and with the force and effect provided by Chapter 13, Title 31, Mississippi Code of 1972, for the validation of county, municipal, school district and other bonds.  The notice to taxpayers required by such statutes shall be published in a newspaper published or having a general circulation in the City of Jackson, Mississippi.

     SECTION 73.  Section 57-1-323, Mississippi Code of 1972, is brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, in the manner and with the force and effect provided by Chapter 13, Title 31, Mississippi Code of 1972, for the validation of county, municipal, school district and other bonds.  The notice to taxpayers required by such statutes shall be published in a newspaper published or having a general circulation in the City of Jackson, Mississippi.

     SECTION 74.  Section 83-31-137, Mississippi Code of 1972, is brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, in the manner and with the force and effect provided by Chapter 13, Title 31, Mississippi Code of 1972, for the validation of county, municipal, school district and other bonds.  The notice to taxpayers required by such statutes shall be published in a newspaper published or having a general circulation in the City of Jackson, Mississippi.

     SECTION 76.  Section 53-11-31, Mississippi Code of 1972, is brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District 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 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County 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 brought forward 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 State Highway 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County 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 brought forward 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 First Judicial District of the Hinds County Chancery Court.  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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 First Judicial District of the Chancery Court of Hinds County.  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 brought forward 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 Circuit Court of the First Judicial District of Hinds County 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 brought forward 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 First Judicial District of Hinds County, Mississippi, 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 brought forward as follows:

     77-3-409.  The Attorney General, or the corporation, may by certiorari out of the Circuit Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County 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 brought forward 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 a Chancellor of the First Judicial District of Hinds County, Mississippi.

     SECTION 93.  Section 83-31-175, Mississippi Code of 1972, is brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 days after receipt of the said study, file such report with the chancery court 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 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 chancery 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 public places in said proposed district, and also by publishing said notice at least once a week for three 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 chancery court, or the chancellor in vacation, at the Chancery Court Building in the First Judicial District of Hinds County, upon the date fixed by the chancellor 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 days nor more than forty 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 court 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 court 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 Chancery Court of the First Judicial District of Hinds County, Mississippi.

     (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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi.

     (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 Chancery Court of the First Judicial District of Hinds County, at the election of the appellant.  If the appellant is a nonresident of this state, the appeal shall be made to the Chancery Court of the First Judicial District of Hinds County.  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 brought forward 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 Circuit Court of the First Judicial District of Hinds County 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 brought forward 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 chancery court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 chancery court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County.

     SECTION 104.  Section 83-24-101, Mississippi Code of 1972, is brought forward 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 Chancery Court of the First Judicial District of Hinds County 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 brought forward 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 Circuit Court of the First Judicial District of Hinds County 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 brought forward 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 Circuit Court of the First Judicial District of Hinds County, Mississippi.  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 brought forward 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 Chancery Court of the First Judicial District of Hinds County 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 brought forward 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 Chancery Court of the First Judicial District for Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District 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 municipal bonds.

     SECTION 110.  Section 45-14-21, Mississippi Code of 1972, is brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi.

     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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 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 brought forward 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 chancery court of the First Judicial District of Hinds County 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, 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 Chancery Court of the First Judicial District of Hinds County 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County.  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 brought forward 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 chancery court of the First Judicial District of Hinds County, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward as follows:

     31-31-33.  The bonds authorized under the authority of this chapter may be validated in the Chancery Court of the First Judicial District of Hinds County, Mississippi, in the manner and with the force and effect provided by 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 brought forward as follows:

     43-13-223.  (1)  An action brought in connection with any matter under this article may be filed in the Circuit Court of the First Judicial District of Hinds County 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, within twenty (20) days of the final ruling.

     SECTION 124.  Section 77-3-733, Mississippi Code of 1972, is brought forward 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 Chancery Court of Hinds County, Mississippi, First Judicial District.

     SECTION 125.  Section 77-3-75, Mississippi Code of 1972, is brought forward as follows:

     77-3-75.  The commission may apply to the Chancery Court, First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County 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 brought forward 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 Chancery Court of the First Judicial District 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 128.  Section 37-17-5, Mississippi Code of 1972, is brought forward 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 Circuit Court of the First Judicial District of Hinds County, Mississippi.  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 brought forward as follows:

     79-4-8.09.  (a)  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, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 Chancery Court of the First Judicial District of Hinds County, Mississippi.  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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Jackson, Mississippi.

     (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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi.

     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 brought forward 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 First Judicial District of Hinds County, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County.

     (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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, in the manner and with the force and effect provided by Chapter 13, Title 31, Mississippi Code of 1972, for the validation of county, municipal, school district and other bonds.  The notice to taxpayers required by such statutes shall be published in a newspaper published or having a general circulation in the City of Jackson, Mississippi.

     SECTION 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 First Judicial District of Hinds County.

          (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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi.  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 brought forward as follows:

     73-39-81.  Any person aggrieved by a decision of the board may appeal to the Circuit Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County.  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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi.

     (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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi 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 brought forward 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 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, 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 Chancery Court of First Judicial District, Hinds County 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 brought forward 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 Circuit Court of the First Judicial District of Hinds County, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi.

     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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi.

     (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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 paragraph (b) (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 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 First Judicial District of the Hinds County Chancery Court.  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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Circuit Court of the First Judicial District of Hinds County, Mississippi.  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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi.  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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Circuit Court for the First Judicial District of Hinds County 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 brought forward 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 Circuit Court of the First Judicial District of Hinds County.  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 brought forward as follows:

     81-18-39.  (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 Chancery Court of the First Judicial District of Hinds County.  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 brought forward 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 Circuit Court of the First Judicial District of Hinds County, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County 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 brought forward 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 Circuit Court of the First Judicial District of Hinds County 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 brought forward 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 subsection (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 subsection (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 brought forward 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 Chancery Court of the First Judicial District of Hinds County.

     [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 Chancery Court of the First Judicial District of Hinds County.

     SECTION 171.  Section 73-4-19, Mississippi Code of 1972, is brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Circuit Court of the First Judicial District of Hinds County 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi.  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.

     (4The 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 brought forward 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 Circuit Court of the First Judicial District of Hinds County, Mississippi.

     SECTION 178.  Section 27-3-33, Mississippi Code of 1972, is brought forward 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 Chancery Court of the First Judicial District of Hinds County, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Clerk for the First Judicial District of Hinds County, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi.  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 brought forward 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 circuit court of the First Judicial District of Hinds County 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County.  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 brought forward 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 Circuit Court of the First Judicial District of Hinds County, Mississippi.  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 brought forward 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 First Judicial District of Hinds County, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi.

     SECTION 189.  Section 83-41-339, Mississippi Code of 1972, is brought forward 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 * * *(20)-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 Chancery Court of the First Judicial District of Hinds County, Mississippi, within thirty * * * days (30) days from the final order of the commissioner.

     SECTION 190.  Section 75-60-4, Mississippi Code of 1972, is brought forward 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 First Judicial District of Hinds County, Mississippi.

     SECTION 191.  Section 73-7-37, Mississippi Code of 1972, is brought forward 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, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Circuit Court of the First Judicial District of Hinds County.  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 Chancery Court of the First Judicial District of Hinds County, Mississippi.

     (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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Circuit Court of the First Judicial District of Hinds County, 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 Circuit Court of the First Judicial District of Hinds County, 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 purpose, 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 brought forward 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 insertion in some newspaper of general circulation in the county.

     (2)  If a county court is established pursuant to an agreement between two 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 brought forward 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)  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:

          (a)  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;

          (b)  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

          (c)  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;

          (d)  For the purpose of determining the amount or extent of a sanction, if any, to be imposed under paragraph (b) or (c) 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 chancery court of the First Judicial District of Hinds County 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 chancery or circuit court of the First Judicial District of Hinds County 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 brought forward 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 Circuit Court of the First  Judicial District of Hinds County, Mississippi.  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 brought forward 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 First Judicial District of Hinds County, Mississippi. 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County 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 brought forward 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 Circuit Court of the First Judicial District of Hinds County, Mississippi.  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 brought forward 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 Circuit Court of the First Judicial District of Hinds County 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi.

     (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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 First Judicial District of Hinds County, Mississippi; 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 brought forward 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 of 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 First Judicial District of Hinds County, Mississippi.  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 brought forward 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 chancery court of the First Judicial District of Hinds County, Mississippi.  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 brought forward 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 First Judicial District Circuit Court of Hinds County, Mississippi.  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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi.

     SECTION 222.  Section 75-45-182, Mississippi Code of 1972, is brought forward 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 an 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 Circuit Court of the First Judicial District of Hinds County, Mississippi.  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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Circuit Court of the First Judicial District of Hinds County, Mississippi.  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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi. 

     (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 brought forward 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.

     (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 brought forward 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 paragraph (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 paragraph (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 Chancery Court of the First Judicial District of Hinds County, Mississippi.  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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 Chancery Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi.

     (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 brought forward 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 subparagraph (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 subparagraph (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 subparagraph (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 subparagraph (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 Chancery Court of the First Judicial District of Hinds County, Mississippi.

     (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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi.

     (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 brought forward 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 First Judicial District of Hinds County 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi.

     (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 brought forward 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 to 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 First Judicial District of Hinds County.  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 brought forward 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 First Judicial District of 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, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County 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 brought forward 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 First Judicial District of 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, 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 brought forward 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 Circuit Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Circuit Court of the First Judicial District of Hinds County, 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 brought forward 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 Circuit Court of the First Judicial District of Hinds County, Mississippi, 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 brought forward 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 Chancery Court of the First Judicial District of Hinds County, Mississippi; 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 brought forward 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 au