MISSISSIPPI LEGISLATURE

2002 Regular Session

To: Judiciary

By: Senator(s) Turner

Senate Bill 2638

AN ACT TO AMEND SECTION 9-3-45, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT COPIES OF THE OFFICIAL MISSISSIPPI EDITION OF THE DECISIONS FOR THE SUPREME COURT AND ADVANCE SHEETS SHALL BE DELIVERED BY THE SECRETARY OF STATE TO CERTAIN OFFICERS OF THE COURT ONLY UPON THEIR REQUEST; TO AMEND SECTIONS 7-3-13, AND 7-3-15, MISSISSIPPI CODE OF 1972, TO CLARIFY THE PROVISIONS OF LAW THAT REQUIRE THE SECRETARY OF STATE TO FURNISH CERTAIN ENTITIES COPIES OF THE SOUTHERN REPORTER-MISSISSIPPI SERIES; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 9-3-45, Mississippi Code of 1972, is amended as follows:

     9-3-45. * * *  The Secretary of State shall contract for the purchase of and * * * purchase not more than four hundred (400) copies of the official Mississippi edition of the decisions of the Supreme Court and advance sheets with headnotes, and it shall, when approved by the Chief Justice, certify the account therefor to the State Fiscal Officer, who thereupon shall issue his warrant upon the State Treasury for the amounts so specified * * *.  The Secretary of State shall deliver a copy to each circuit judge, each chancellor, each district attorney, and each county attorney, each county judge, each Supreme Court judge, the Attorney General and each assistant who has requested such a copy, and to all others heretofore or hereafter authorized by law to receive a copy and who have requested such a copy.  The Secretary of State shall stamp thereon the following:  "Property of the State of Mississippi for the use of the _______ Judicial District," and his successors in office; and he shall place an appropriately similar stamp on each copy delivered to the other court officers mentioned in this section.

     The contractor shall have exclusive sale of all reports published under this section, including the advance sheets with headnotes, but the contract shall provide that the permanent volumes of the Mississippi Reports shall not sell, within the state, for a greater price than that approved by the Chief Justice.  The contractor shall mail the advance sheets directly to each circuit judge, each chancellor, each district attorney, and each county attorney who requests the advance sheets at the same time they are mailed out to other subscribers within the state.

     SECTION 2.  Section 7-3-13, Mississippi Code of 1972, is amended as follows:

     7-3-13.  The Secretary of State shall cause ten (10) copies of each volume of the "Southern Reporter-Mississippi Cases," and ten (10) copies of the department reports * * * to be provided to the State Library.

     SECTION 3.  Section 7-3-15, Mississippi Code of 1972, is amended as follows:

     7-3-15.  The Secretary of State shall transmit, free of cost, one (1) copy of each volume of "Southern Reporter-Mississippi Cases" to the sheriff of each county of the state, for the county library; one (1) copy of each volume thereof to each of the following educational institutions, to wit:  Mississippi State University, Alcorn State University, Mississippi University for Women, Mississippi College School of Law, Delta State University, Jackson State University, Mississippi Valley State University, and the University of Southern Mississippi; ten (10) copies of each volume thereof to the University of Mississippi; and one (1) copy of each volume to the Library of Congress at Washington, D.C.

     The above provisions of this section are in recognition of benefits received through receipt at depository libraries and elsewhere in the State of Mississippi of public documents of the United States under the provisions of federal and state laws.

     SECTION 4.  This act shall take effect and be in force from and after its passage.