House Amendments to Senate Bill No. 2297
TO THE SECRETARY OF THE SENATE:
THIS IS TO INFORM YOU THAT THE HOUSE HAS ADOPTED THE AMENDMENTS SET OUT BELOW:
AMENDMENT NO. 1
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. Section 63-11-19, Mississippi Code of 1972, is amended as follows:
63-11-19. A chemical analysis of the person's breath, blood or urine, to be considered valid under the provisions of this section, shall have been performed according to methods approved by the Mississippi Forensics Laboratory created pursuant to Section 45-1-17 and the Commissioner of Public Safety and performed by an individual possessing a valid permit issued by the Mississippi Forensics Laboratory for making such analysis. The Mississippi Forensics Laboratory and the Commissioner of Public Safety are authorized to approve satisfactory techniques or methods, to ascertain the qualifications and competence of individuals to conduct such analyses, and to issue permits which shall be subject to termination or revocation at the discretion of the Mississippi Forensics Laboratory. The Mississippi Forensics Laboratory shall not approve the permit required herein for any law enforcement officer other than a member of the State Highway Patrol, a sheriff or his deputies, a city policeman, an officer of a state-supported institution of higher learning campus police force, a security officer appointed and commissioned pursuant to the Pearl River Valley Water Supply District Security Officer Law of 1978, a national park ranger, a national park ranger technician, a military policeman stationed at a United States military base located within this state other than a military policeman of the Army or Air National Guard or of Reserve Units of the Army, Air Force, Navy or Marine Corps, a marine law enforcement officer employed by the Department of Marine Resources, or a conservation officer employed by the Mississippi Department of Wildlife, Fisheries and Parks. The permit given a marine law enforcement officer shall authorize such officer to administer tests only for violations of Sections 59-23-1 through 59-23-7. The permit given a conservation officer shall authorize such officer to administer tests only for violations of Sections 59-23-1 through 59-23-7 and for hunting related incidents resulting in injury or death to any person by discharge of a weapon as provided under Section 49-4-31.
The Mississippi Forensics Laboratory shall make periodic, but not less frequently than quarterly, tests of the methods, machines or devices used in making chemical analysis of a person's breath as shall be necessary to ensure the accuracy thereof, and shall issue its certificate to verify the accuracy of the same. Without compromising accepted law enforcement standards and methodologies, the Mississippi Forensics Laboratory shall approve for use at least one model of intoxilyzer equipment that is readily available to law enforcement agencies throughout the state.
SECTION 2. Section 63-11-47, Mississippi Code of 1972, is brought forward as follows:
63-11-47. The Commissioner of Public Safety, acting in concert with the Mississippi Forensics Laboratory created pursuant to Section 45-1-17, is hereby expressly authorized and directed to determine the equipment and supplies which are adequate and necessary from both a medical and law enforcement standpoint for administration of this chapter. The Commissioner of Public Safety, upon receiving such recommendation from the Mississippi Forensics Laboratory, shall recommend an equipment standard for such equipment to the Department of Finance and Administration. The Department of Finance and Administration, using such a uniform standard for said equipment, shall advertise its intention of purchasing said equipment by one (1) publication in at least one (1) newspaper having general circulation in the State of Mississippi at least ten (10) days before the purchase of such equipment and supplies, and the advertisement shall clearly and distinctly describe the articles to be purchased, and shall receive sealed bids thereon which shall be opened in public at a time and place to be specified in the advertisement.
The Department of Finance and Administration shall accept the lowest and best bid for said equipment and supplies; in its discretion, it may reject any and all bids submitted. The lowest and best bid for said equipment and supplies accepted by the Department of Finance and Administration shall be the state-approved price of said equipment for purchase by the state, county and city governments.
Title to all such testing equipment in the state purchased hereunder shall remain in the Commissioner of Public Safety regardless of what entity pays the purchase price.
The state, counties and municipalities may purchase in the name of the Commissioner of Public Safety such equipment and supplies from other vendors of said equipment and supplies necessary to implement this chapter, provided they purchase of the same quality and standard as certified to the Department of Finance and Administration and approved by the department. However, such equipment and supplies shall not be purchased by the state, counties and municipalities unless it is at a price equivalent to or lower than that approved by the Department of Finance and Administration, pursuant to the bid procedure as outlined herein.
SECTION 3. The Mississippi Department of Public Safety Headquarters' Office, to be constructed and located in Pearl, Rankin County, Mississippi, shall be named the "David R. Huggins Headquarters of the Mississippi Department of Public Safety." The Department of Finance and Administration shall prepare or have prepared a distinctive plaque, to be approved by the Mississippi Department of Public Safety, to be placed in a prominent place within the building, that states the background, accomplishments and service to the state by Commissioner David R. Huggins. The Department of Finance and Administration, in conjunction with the Mississippi Department of Public Safety, shall erect or cause to be erected proper lettering or signage on the outdoor facade of the building displaying the official name of the building as the "David R. Huggins Headquarters of the Mississippi Department of Public Safety." Any and all funds necessary to accomplish this act will be appropriated by the Legislature for such purpose.
SECTION 4. The Mississippi State Crime Laboratory of the Mississippi Department of Public Safety located in Pearl, Rankin County, Mississippi, shall be named the "Tom Weathersby State Crime Laboratory." The Department of Finance and Administration shall prepare or have prepared a distinctive plaque, to be approved by the Mississippi Department of Public Safety and the Mississippi House of Representatives, to be placed in a prominent place within the building, that states the background, accomplishments and service to the state by the Honorable Tom Weathersby. The Department of Finance and Administration, in conjunction with the Mississippi Department of Public Safety, shall erect or cause to be erected proper lettering or signage on the outdoor facade of the building displaying the official name of the building as the "Tom Weathersby State Crime Laboratory." Any and all funds necessary to accomplish this act will be appropriated by the Legislature for such purpose.
SECTION 5. The Legislature finds that:
(a) Domestic violence is a serious issue that causes substantial damage to victims and children as well as to the community. Families experiencing domestic violence are often involved in more than one (1) court proceeding including divorce and custody cases, civil and criminal proceedings regarding domestic violence, substance abuse and child protection. Substantial state and county resources are required each year for the incarceration, supervision and treatment of batterers.
(b) Domestic abuse courts hold offenders accountable, increase victim safety, provide greater judicial monitoring, and coordinate information to provide effective interaction and use of resources among the courts, justice system personnel and community agencies. Effective case management and coordination ensures that decisions in one (1) case do not conflict with existing orders in other civil and criminal cases and provide courts with the necessary information to protect victims and families.
(c) Domestic abuse courts have proven effective in reducing recidivism and increasing victim safety. It is in the best interests of the citizens of this state to authorize the establishment of domestic abuse courts.
SECTION 6. The following shall be codified as Section 9-23-101, Mississippi Code of 1972:
9-23-101. (1) A domestic abuse court is a court focused on the safety of the victim and the accountability of the offender by:
(a) Bringing together criminal justice professionals, local social programs and intensive judicial monitoring;
(b) Linking victims to programs and services by effective collaboration with social service providers and other stakeholders to refer victims to appropriate and available community services based on risk and need;
(c) Linking eligible civil respondents to programs and services by effective collaboration with social service providers and other stakeholders to refer such individuals to appropriate and available community services based on risk and need;
(d) Linking eligible criminal defendants to programs and services by effective collaboration with social service providers and other stakeholders to refer defendants to appropriate and available community services based on risk and need; and
(e) Providing centralized monitoring of participants to ensure compliance with any civil domestic abuse protection orders or with any treatment orders or other orders issued by the court.
(2) For the purposes of this act, "domestic abuse" and "domestic violence" shall have the meanings ascribed to "abuse" by Section 93-21-3 and to "misdemeanor which is an act of domestic violence" in Section 99-3-7.
SECTION 7. The following shall be codified as Section 9-23-103, Mississippi Code of 1972:
9-23-103. Any chancery or county court may establish a domestic abuse court program. Any municipal and justice court is authorized to participate in a domestic abuse court program established in the county.
SECTION 8. The following shall be codified as Section 9-23-105, Mississippi Code of 1972:
9-23-105. (1) A domestic abuse court and accompanying services of the domestic abuse court shall be available only to individuals over whom the court has established jurisdiction.
(2) A domestic abuse court that does not have felony jurisdiction may assume jurisdiction over an individual convicted of a felony from another court within the county upon entry of an appropriate order by the criminal court referring that individual to the domestic abuse court for the purpose of participation in the domestic abuse court program.
SECTION 9. The following shall be codified as Section 9-23-107, Mississippi Code of 1972:
9-23-107. (1) The Administrative Office of Courts shall develop uniform standards for operation of a domestic abuse court. Any domestic abuse court shall operate pursuant to those standards. Such standards shall, at a minimum, include provisions for:
(a) Establishment and coordination of the domestic abuse court;
(b) Funding for the domestic abuse court;
(c) Procedural matters;
(d) Referral protocols;
(e) Participant eligibility;
(f) Services to be made available to participants referred to the court; and
(g) Roles and duties of the court, which shall include, but not be limited to, assessment, referral, case management, supervision and evaluation.
(2) Any court wishing to adopt local rules for the coordination of services and to address court procedures that may vary from those established by the Administrative Office of Courts shall submit those rules to the Administrative Office of Courts for approval prior to implementation.
SECTION 10. The following shall be codified as Section 9-23-109, Mississippi Code of 1972:
9-23-109. A domestic abuse court may hire employees necessary to carry out the functions of the court, including, but not limited to, an administrator, case manager, counselor or clerical staff.
SECTION 11. The following shall be codified as Section 9-23-111, Mississippi Code of 1972:
9-23-111. Nothing herein shall be construed to guarantee any individual the right to participate in a domestic abuse court program.
SECTION 12. The following shall be codified as Section 9-23-113, Mississippi Code of 1972:
9-23-113. (1) All monies received from any source by the domestic abuse court shall be accumulated in a fund to be used only for domestic abuse court purposes. Any funds remaining in this fund at the end of a fiscal year shall not lapse into any general fund, but shall be retained in the Domestic Abuse Court
Fund for the funding of further activities by the domestic abuse court.
(2) A domestic abuse court may apply for and receive the following:
(a) Gifts, bequests and donations from private sources.
(b) Grant and contract money from governmental sources.
(c) Other forms of financial assistance approved by the court to supplement the budget of the domestic abuse court.
SECTION 13. The following shall be codified as Section 9-23-115, Mississippi Code of 1972:
9-23-115. There is created in the State Treasury a special interest-bearing fund to be known as the Domestic Abuse Court Fund. The purpose of the fund shall be to provide supplemental funding to all domestic abuse courts in the state. Monies from the fund shall be distributed by the State Treasurer upon warrants issued by the Administrative Office of Courts to assist domestic abuse courts. The fund shall be expended by the Administrative Office of Courts upon appropriation by the Legislature, and shall consist of: (a) monies appropriated by the Legislature for the purposes of funding domestic abuse courts; (b) the interest accruing to the fund; (c) monies received under the provisions of Section 99-19-73; (d) monies received from the federal government; and (e) monies received from such other sources as may be provided by law.
SECTION 14. Section 99-19-73, Mississippi Code of 1972, is amended as follows:
99-19-73. (1) Traffic violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation in Title 63, Mississippi Code of 1972, except offenses relating to the Mississippi Implied Consent Law (Section 63-11-1 et seq.) and offenses relating to vehicular parking or registration:
FUND AMOUNT
State Court Education Fund............................. [Deleted]
State Prosecutor Education Fund........................ [Deleted]
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund........... [Deleted]
Child Support Prosecution Trust Fund................... [Deleted]
Driver Training Penalty Assessment Fund................. [Deleted]
Law Enforcement Officers Training Fund................. [Deleted]
Spinal Cord and Head Injury Trust Fund
(for all moving violations)....................... [Deleted]
Emergency Medical Services Operating Fund............... [Deleted]
Mississippi Leadership Council on Aging Fund............ [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund......................... [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund.................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants...... [Deleted]
Crisis Intervention Mental Health Fund................. [Deleted]
Intervention Court Fund................................ [Deleted]
Judicial Performance Fund.............................. [Deleted]
Capital Defense Counsel Fund........................... [Deleted]
Indigent Appeals Fund.................................. [Deleted]
Capital Post-Conviction Counsel Fund................... [Deleted]
Victims of Domestic Violence Fund...................... [Deleted]
Public Defenders Education Fund........................ [Deleted]
Domestic Violence Training Fund........................ [Deleted]
Attorney General's Cyber Crime Unit.................... [Deleted]
Children's Safe Center Fund............................ [Deleted]
DuBard School for Language Disorders Fund............... [Deleted]
Children's Advocacy Centers Fund....................... [Deleted]
Judicial System Operation Fund......................... [Deleted]
GENERAL FUND...................................... $ 90.50
(2) Implied Consent Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or any other penalty for any violation of the Mississippi Implied Consent Law (Section 63-11-1 et seq.):
FUND AMOUNT
Crime Victims' Compensation Fund....................... [Deleted]
State Court Education Fund............................. [Deleted]
State Prosecutor Education Fund........................ [Deleted]
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund........... [Deleted]
Child Support Prosecution Trust Fund................... [Deleted]
Driver Training Penalty Assessment Fund................. [Deleted]
Law Enforcement Officers Training Fund................. [Deleted]
Emergency Medical Services Operating Fund............... [Deleted]
Mississippi Alcohol Safety Education Program Fund....... [Deleted]
Federal-State Alcohol Program Fund..................... [Deleted]
Mississippi Forensics Laboratory
Implied Consent Law Fund.......................... [Deleted]
Spinal Cord and Head Injury Trust Fund................. [Deleted]
Capital Defense Counsel Fund........................... [Deleted]
Indigent Appeals Fund.................................. [Deleted]
Capital Post-Conviction Counsel Fund................... [Deleted]
Victims of Domestic Violence Fund...................... [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund......................... [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund.................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants...... [Deleted]
Crisis Intervention Mental Health Fund................. [Deleted]
Intervention Court Fund................................ [Deleted]
Statewide Victims' Information and
Notification System Fund.......................... [Deleted]
Public Defenders Education Fund........................ [Deleted]
Domestic Violence Training Fund........................ [Deleted]
Attorney General's Cyber Crime Unit.................... [Deleted]
Domestic Abuse Court Fund.................................. $1.00
General Fund............................................ $243.50
* * *TOTAL STATE ASSESSMENT..................... $
* * *244.50
(3) Game and Fish Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of the game and fish statutes or regulations of this state:
FUND AMOUNT
State Court Education Fund............................. [Deleted]
State Prosecutor Education Fund........................ [Deleted]
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund........... [Deleted]
Law Enforcement Officers Training Fund................. [Deleted]
Hunter Education and Training Program Fund.............. [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund......................... [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund.................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for district
attorneys and their legal assistants............... [Deleted]
Crisis Intervention Mental Health Fund................. [Deleted]
Intervention Court Fund................................ [Deleted]
Capital Defense Counsel Fund........................... [Deleted]
Indigent Appeals Fund.................................. [Deleted]
Capital Post-Conviction Counsel Fund................... [Deleted]
Victims of Domestic Violence Fund...................... [Deleted]
Public Defenders Education Fund........................ [Deleted]
Domestic Violence Training Fund........................ [Deleted]
Attorney General's Cyber Crime Unit.................... [Deleted]
Domestic Abuse Court Fund.................................. $1.00
General Fund............................................. $89.00
* * *TOTAL STATE ASSESSMENT..................... $
* * *90.00
(4) [Deleted]
(5) Speeding, reckless and careless driving violations. In addition to any assessment imposed under subsection (1) or (2) of this section, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for driving a vehicle on a road or highway:
(a) At a speed that exceeds the posted speed limit by
at least ten (10) miles per hour but not more than twenty (20) miles per hour..................................................... $10.00
(b) At a speed that exceeds the posted speed limit by at least twenty (20) miles per hour but not more than thirty (30) miles per hour......................................................... $20.00
(c) At a speed that exceeds the posted speed limit by thirty (30) miles per hour or more............................... $30.00
(d) In violation of Section 63-3-1201, which is the offense of reckless driving......................................... $10.00
(e) In violation of Section 63-3-1213, which is the offense of careless driving......................................... $10.00
All assessments collected under this subsection shall be deposited into the State General Fund.
(6) Other misdemeanors. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any misdemeanor violation not specified in subsection (1), (2) or (3) of this section, except offenses relating to vehicular parking or registration:
FUND AMOUNT
Crime Victims' Compensation Fund....................... [Deleted]
State Court Education Fund............................. [Deleted]
State Prosecutor Education Fund........................ [Deleted]
Vulnerable Persons Training, Investigation
and Prosecution Trust Fund........................ [Deleted]
Child Support Prosecution Trust Fund................... [Deleted]
Law Enforcement Officers Training Fund................. [Deleted]
Capital Defense Counsel Fund........................... [Deleted]
Indigent Appeals Fund.................................. [Deleted]
Capital Post-Conviction Counsel Fund................... [Deleted]
Victims of Domestic Violence Fund...................... [Deleted]
State Crime Stoppers Fund.............................. [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund......................... [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund.................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants...... [Deleted]
Crisis Intervention Mental Health Fund................. [Deleted]
Intervention Court Fund................................ [Deleted]
Judicial Performance Fund.............................. [Deleted]
Statewide Victims' Information and
Notification System Fund.......................... [Deleted]
Public Defenders Education Fund........................ [Deleted]
Domestic Violence Training Fund........................ [Deleted]
Attorney General's Cyber Crime Unit.................... [Deleted]
Information Exchange Network Fund...................... [Deleted]
Motorcycle Officer Training Fund....................... [Deleted]
Civil Legal Assistance Fund............................ [Deleted]
Justice Court Collections Fund......................... [Deleted]
Municipal Court Collections Fund....................... [Deleted]
Domestic Abuse Court Fund.................................. $1.00
General Fund............................................ $121.75
* * *TOTAL STATE ASSESSMENT....................... $ * * *122.75
(7) Other felonies. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any felony violation not specified in subsection (1), (2) or (3) of this section:
FUND AMOUNT
Crime Victims' Compensation Fund....................... [Deleted]
State Court Education Fund............................. [Deleted]
State Prosecutor Education Fund........................ [Deleted]
Vulnerable Persons Training, Investigation
and Prosecution Trust Fund........................ [Deleted]
Child Support Prosecution Trust Fund................... [Deleted]
Law Enforcement Officers Training Fund................. [Deleted]
Capital Defense Counsel Fund........................... [Deleted]
Indigent Appeals Fund.................................. [Deleted]
Capital Post-Conviction Counsel Fund................... [Deleted]
Victims of Domestic Violence Fund...................... [Deleted]
Criminal Justice Fund.................................. [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund......................... [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund.................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants...... [Deleted]
Crisis Intervention Mental Health Fund................. [Deleted]
Intervention Court Fund................................ [Deleted]
Statewide Victims' Information and
Notification System Fund.......................... [Deleted]
Public Defenders Education Fund........................ [Deleted]
Domestic Violence Training Fund........................ [Deleted]
Attorney General's Cyber Crime Unit.................... [Deleted]
Forensics Laboratory DNA Identification System Fund..... [Deleted]
Domestic Abuse Court Fund.................................. $1.00
General Fund............................................ $280.50
* * *TOTAL STATE ASSESSMENT..................... $
* * *281.50
(8) Additional assessments on certain violations:
(a) Railroad crossing violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation involving railroad crossings under Section 37-41-55, 63-3-1007, 63-3-1009, 63-3-1011, 63-3-1013 or 77-9-249:
Operation Lifesaver Fund............................. $25.00
(b) Drug violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation of Section 41-29-139:
Drug Evidence Disposition Fund....................... $25.00
Mississippi Foster Care Fund.......................... $2.00
(c) Motor vehicle liability insurance violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation of Section 63-15-4(4) or Section 63-16-13(1):
Uninsured Motorist Identification Fund:
First offense................................$200.00
Second offense...............................$300.00
Third or subsequent offense..................$400.00
(9) If a fine or other penalty imposed is suspended, in whole or in part, such suspension shall not affect the state assessment under this section. No state assessment imposed under the provisions of this section may be suspended or reduced by the court.
(10) (a) After a determination by the court of the amount due, it shall be the duty of the clerk of the court to promptly collect all state assessments imposed under the provisions of this section. The state assessments imposed under the provisions of this section may not be paid by personal check.
(b) It shall be the duty of the chancery clerk of each county to deposit all state assessments collected in the circuit, county and justice courts in the county on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The chancery clerk shall make a monthly lump-sum deposit of the total state assessments collected in the circuit, county and justice courts in the county under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the circuit, county and justice courts in the county during that month.
(c) It shall be the duty of the municipal clerk of each municipality to deposit all the state assessments collected in the municipal court in the municipality on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The municipal clerk shall make a monthly lump-sum deposit of the total state assessments collected in the municipal court in the municipality under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the municipal court in the municipality during that month.
(11) It shall be the duty of the Department of Finance and Administration to deposit on a monthly basis all state assessments into the State General Fund or proper special fund in the State Treasury. The Department of Finance and Administration shall issue regulations providing for the proper allocation of these funds.
(12) The State Auditor shall establish by regulation procedures for refunds of state assessments, including refunds associated with assessments imposed before July 1, 1990, and refunds after appeals in which the defendant's conviction is reversed. The Auditor shall provide in the regulations for certification of eligibility for refunds and may require the defendant seeking a refund to submit a verified copy of a court order or abstract by which the defendant is entitled to a refund. All refunds of state assessments shall be made in accordance with the procedures established by the Auditor."
SECTION 15. Section 9-5-81, Mississippi Code of 1972, is amended as follows:
9-5-81. The chancery court in addition to the full jurisdiction in all the matters and cases expressly conferred upon it by the Constitution shall have jurisdiction of all cases transferred to it by the circuit court or remanded to it by the Supreme Court; and such further jurisdiction, as is, in this chapter or elsewhere, provided by law. A chancery court is authorized to establish a domestic abuse court as provided in Sections 1 through 9 of this act.
SECTION 16. Section 9-9-21, Mississippi Code of 1972, is amended as follows:
9-9-21. (1) The jurisdiction of the county court shall be as follows: It shall have jurisdiction concurrent with the justice court in all matters, civil and criminal of which the justice court has jurisdiction; 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 Two Hundred Thousand Dollars ($200,000.00), and the jurisdiction of the county 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 Two Hundred Thousand Dollars ($200,000.00). Provided, however, the party filing such setoff, counterclaim or cross-bill which exceeds Two Hundred Thousand Dollars ($200,000.00) shall give notice to the opposite party or parties as provided in Section 13-3-83, and on motion of all parties filed within twenty (20) days after the filing of such setoff, counterclaim or cross-bill, the county court shall transfer the case to the circuit or chancery court wherein the county court is situated and which would otherwise have jurisdiction. It shall have exclusively 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. The county court shall have jurisdiction over criminal matters in the county assigned by a judge of the circuit court district in which the county is included.
(2) In the event of the establishment of a county court by an agreement between two (2) or more counties as provided in Section 9-9-3, it shall be lawful for such court sitting in one (1) county to act upon any and all matters of which it has jurisdiction as provided by law arising in the other county under the jurisdiction of said court.
(3) A county court is authorized to establish a domestic abuse court as provided in Sections 1 through 9 of this act.
SECTION 17. Section 77-15-1, Mississippi Code of 1972, is amended as follows:
77-15-1. (1)
Notwithstanding any other provisions of law to the contrary, all local natural
gas districts containing two (2) or more municipalities and nonmunicipal customers
shall establish and maintain a board of directors composed of: (a) the mayors
of each municipality within the district whose terms shall be concurrent with
their terms of office as mayor; and (b) one (1) system-user from each county
within the district, who shall not be a public official. The county system-user
board members shall be elected by the system-users residing outside of a
municipality, in the county in which such board member resides. In order to
qualify as a candidate for election to the board, each person shall obtain, on
a petition, twenty-five (25) signatures from system-users in the county in
which such person resides. The signatures shall be of system-users residing
outside of a municipality and the candidate shall be a system-user who resides
outside of a municipality. The board shall call an election within fifteen
(15) days after July 1, 1989, to be held within sixty (60) days from the date
such election is called. From and after July 1, 2007, the procedures for, and
conduct of, the election of board members of the district shall be held in
accordance with the provisions of subsection (6) of this section. Those
persons elected to the board shall serve until the next general election for
supervisors and the election for such board members thereafter shall be held at
the same time as the supervisor elections and the terms of such board members
shall be concurrent with the terms of the supervisors. The board of directors,
including any mayors who serve on the board, shall be entitled to compensation
as follows: (a) the chairperson of the board shall receive * * * Five Hundred
Fifty Dollars ($550.00) per month, and (b) all other board members shall
receive * * * Five Hundred Fifty Dollars ($550.00)
per month. The chairperson and vice chairperson shall be elected by and from
the entire membership of the governing board at the first meeting in July of
each year. The vice chairperson shall preside over meetings as the chairperson
in the absence or incapacity of the chairperson. In addition, an official meeting
may be called at any time by a two-thirds (2/3) proclamation by the board membership.
(2) Two (2) board municipal/county system-user board members who reside in his or her respective county, and must be customers of the district, and who must be system-users shall be appointed as follows for his or her initial term: (a) one (1) board member from the county lying in the northern section of the district, appointed by the Lieutenant Governor; and (b) one (1) board member from the county lying in the southern section of the district, appointed by the Governor. The appointed board municipal/county system-user board members may be elected public officials.
The initial terms of the two (2) municipal/county system-user board members shall begin July 1, 2005, and shall serve until June 30, 2008, and thereafter the municipal/county system-user board members, as described in this subsection (2), shall be elected by the municipal and county system-users as follows: The successors in office to the board member who was appointed from the county lying in the northern section of the district shall be elected only by the municipal and county system-users who reside in that county and not by all of the system-users in the district. The successors in office to the board member who was appointed from the county lying in the southern section of the district shall be elected only by the municipal and county system-users who reside in that county and not by all of the system-users in the district.
The municipal/county system-user board members shall be compensated as prescribed in subsection (1) of this section.
(3) All board members shall file any required statements of economic interest with the Ethics Commission as required by law. This section shall not apply to any local natural gas district which leases its distribution system to an investor-owned utility company regulated by the Public Service Commission.
(4) From and after July 1, 2004, the Board of Directors of the Chickasawhay Natural Gas District shall discontinue distribution of any of the revenues of the district to municipalities within the district.
(5) The provisions of this section shall only apply to the Chickasawhay Natural Gas District.
(6) The provisions of this subsection shall govern the procedure for, and conduct of, any election of the board of directors of the district. The board may adopt any rules and regulations pertaining to the election of the board of directors of the district that are not inconsistent and do not conflict with the provisions of this subsection.
(a) Notice of the election of one or more members of the board of directors shall be sent by regular United States mail to each system-user not less than thirty (30) days and not more than sixty (60) days from the election date. The notice shall state the time, place and manner in which the system-users may vote for the board of directors.
(b) The election shall be held in a manner and according to procedures to be established by rules and regulations adopted by the board before the giving of notice of the election, and a printed copy of such rules and regulations shall accompany the notice.
(c) The rules and regulations for the conduct of the election shall include the following provisions:
(i) To qualify as a candidate, a person shall not be a public official and must be a county system-user and such person must submit to the board, not less than twenty (20) days before the election, a petition containing the signatures of twenty-five (25) system-users in the county in which the candidate resides;
(ii) Notice of the nomination of qualified candidates sent by regular United States mail to the system-users at least ten (10) days before the date of the election;
(iii) The method of voting on the date of the election shall be by personal attendance at the district's office in Waynesboro, by personal attendance at the district's office in Quitman, or by proxy;
(iv) Each system-user shall have one (1) vote, provided that when a billing for service is made to more than one (1) person at a single address or location, each such person shall be limited to casting a pro rata share of the one (1) vote to which the billing address or location is entitled; and
(v) The time of the election shall be fixed between the hours of 10:00 a.m. and 6:00 p.m. on a day of the week other than Sunday.
(d) A certified public accountant appointed by the board shall count all votes, whether cast by personal attendance or by proxy, and he shall certify the results of the election to the board within ten (10) days of the election.
SECTION 18. This act shall take effect and be in force from and after July 1, 2023, and shall stand repealed June 30, 2023.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO AMEND SECTION 63-11-19, MISSISSIPPI CODE OF 1972, TO REQUIRE THE MISSISSIPPI FORENSICS LABORATORY TO APPROVE FOR USE AT LEAST ONE MODEL OF INTOXILYZER EQUIPMENT THAT IS READILY AVAILABLE TO LAW ENFORCEMENT AGENCIES THROUGHOUT THE STATE; TO BRING FORWARD SECTION 63-11-47, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE COMMISSIONER OF PUBLIC SAFETY TO DETERMINE THE EQUIPMENT AND SUPPLIES ADEQUATE AND NECESSARY FOR THE ADMINISTRATION OF THE IMPLIED CONSENT LAW, FOR PURPOSES OF POSSIBLE AMENDMENT; TO NAME THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY HEADQUARTERS' OFFICE, LOCATED IN PEARL, RANKIN COUNTY, MISSISSIPPI, THE "DAVID R. HUGGINS HEADQUARTERS OF THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY"; TO NAME THE MISSISSIPPI STATE CRIME LABORATORY IN PEARL, RANKIN COUNTY, MISSISSIPPI, THE "TOM WEATHERSBY STATE CRIME LABORATORY"; TO REQUIRE THE DEPARTMENT OF FINANCE AND ADMINISTRATION IN CONJUNCTION WITH THE DEPARTMENT OF PUBLIC SAFETY TO ERECT THE PROPER LETTERING OR SIGNAGE ON THE OUTDOOR FACADE OF THE BUILDINGS DISPLAYING THE OFFICIAL NAMES AS THE "DAVID R. HUGGINS HEADQUARTERS OF THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY" AND THE "TOM WEATHERSBY STATE CRIME LABORATORY"; TO CREATE NEW SECTIONS 9-23-101, 9-23-103, 9-23-105, 9-23-107, 9-23-109, 9-23-111, 9-23-113 AND 9-23-115, MISSISSIPPI CODE OF 1972, TO PROVIDE AUTHORITY FOR A CHANCERY OR COUNTY COURT TO ESTABLISH A DOMESTIC ABUSE COURT AND TO PROVIDE AUTHORITY FOR JUSTICE AND MUNICIPAL COURTS TO PARTICIPATE IN SUCH A COURT; TO DEFINE CERTAIN TERMS; TO PROVIDE FOR THE ENACTMENT OF STANDARDS OF OPERATION TO GOVERN THE OPERATION OF DOMESTIC ABUSE COURTS BY THE ADMINISTRATIVE OFFICE OF COURTS; TO CREATE THE DOMESTIC ABUSE COURT SPECIAL FUND; TO AMEND SECTION 99-19-73, MISSISSIPPI CODE OF 1972, TO PROVIDE AN ASSESSMENT TO FUND DOMESTIC ABUSE COURTS; TO AMEND SECTIONS 9-5-81 AND 9-9-21, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 77-15-1, MISSISSIPPI CODE OF 1972, TO INCREASE FROM TWO HUNDRED DOLLARS TO FIVE HUNDRED DOLLARS THE MONTHLY COMPENSATION OF THE BOARD OF DIRECTORS OF THE CHICKASAWHAY NATURAL GAS DISTRICT; TO INCREASE FROM TWO HUNDRED FIFTY DOLLARS TO FIVE HUNDRED FIFTY DOLLARS THE MONTHLY COMPENSATION OF THE CHAIRPERSON OF THE BOARD OF DIRECTORS OF THE DISTRICT; AND FOR RELATED PURPOSES.
HR26\SB2297PH.J
Andrew Ketchings
Clerk of the House of Representatives