House Bill 1327

AN ACT TO AMEND SECTION 5-3-51, MISSISSIPPI CODE OF 1972, TO REQUIRE THE PERFORMANCE EVALUATION AND EXPENDITURE REVIEW (PEER) COMMITTEE TO DRAW PLANS FOR MISSISSIPPI LEGISLATIVE AND CONGRESSIONAL DISTRICTS; TO PROVIDE CRITERIA ON WHICH THE DISTRICTS SHALL BE DRAWN; TO AMEND SECTION 5-3-57, MISSISSIPPI CODE OF 1972, TO REQUIRE PEER TO SUBMIT THE INFORMATION TO THE LEGISLATURE; TO AMEND SECTIONS 5-3-93, 5-3-99, 5-3-101, 5-3-103, 5-3-123, 5-3-127 AND 5-3-129, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 5-3-51, Mississippi Code of 1972, is amended as follows:

5-3-51. (1) A committee of the Senate and House of Representatives to be known as a Joint Legislative Committee on Performance Evaluation and Expenditure Review, (hereinafter committee), is hereby created for the purpose of conducting performance evaluations, investigations and examinations of expenditures and all records, relating thereto, of any agency at any time as the committee deems necessary, drawing three (3) plans to apportion, according to constitutional standards, the membership of the Mississippi Senate and the Mississippi House of Representatives, one of which is to be approved by the Mississippi Joint Legislative Committee on Reapportionment and drawing three (3) plans to apportion the United States congressional districts for the State of Mississippi. Provided further, the committee shall perform a complete audit of all funds expended by the Mississippi Department of Transportation. The committee shall submit its findings, conclusions and reports to the Mississippi Legislature no later than the first day of the second full week of each regular session of the Legislature.

(2) The committee shall draw the legislative and congressional apportionment plans based on the following criteria, in descending order of importance: (a) population equality, (b) contiguity, (c) unity of counties and cities, and (d) compactness. The three (3) plans shall be submitted to the Legislature no less than twenty-five (25) days before the scheduled adjournment of the next regular session of the Legislature following the delivery of the 2010 decennial census data.

SECTION 2. Section 5-3-57, Mississippi Code of 1972, is amended as follows:

5-3-57. The committee shall have the following powers:

(a) To conduct, in any manner and at any time deemed appropriate, a performance evaluation of all agencies. It may examine or investigate the budget, files, financial statements, records, documents or other papers of the agency deemed necessary by the committee.

(b) To conduct, in any manner and at any time deemed appropriate, a review of the budget, files, financial statements, records, documents or other papers, as deemed necessary by the committee, of any agency; to make selected review of any funds expended and programs previously projected by such agency; to investigate any and all salaries, fees, obligations, loans, contracts, or other agreements or other fiscal function or activity of any official or employee thereof (including independent contractors where necessary); and to do any and all things necessary and incidental to the purposes specifically set forth in this section.

(c) To conduct an investigation of all agencies which are, in whole or in part, operated or supported by any appropriation or grant of state funds, or which are, in whole or in part, supported or operated by any funds derived from any statewide tax, license fee, or permit fee or which collects or administers any statewide tax, license fee, or permit fee by whatever name called; such committee shall also have full and complete authority to investigate all laws administered and enforced by any such offices, departments, agencies, institutions and instrumentalities, and the manner and method of the administration and enforcement of such laws; to investigate any evasion of any statewide tax, privilege fee or license fee; to investigate all disbursements of public funds by any office, agency, department, institution or instrumentality specified herein; to study the present laws relative to such agencies, offices, departments, institutions and instrumentalities, and the laws providing for the levying or imposition and collection of any state tax, privilege fee or license fee; to make recommendations to the Legislature as to the correction of any imperfections, inequalities or injustices found to exist in any of such laws, and to do any and all things necessary and incidental to the purposes herein specifically set forth. Provided further, that the committee shall upon petition by one-half (1/2) the elected membership of either the Senate or House of Representatives perform a complete investigation and audit of any agency, entity or group subject to investigation or audit by passage of Sections 5-3-51 through 5-3-69.

(d) The committee, in its discretion, if it determines that such action is necessary to carry out the responsibilities of Sections 5-3-51 through 5-3-69, may employ an attorney or attorneys to file or assist the Attorney General's office in filing actions for the recovery of any funds discovered to have been misused or misappropriated and to prosecute or assist in prosecution of criminal violations, if any, revealed or discovered in the discharging of their duties and responsibilities.

(e) To receive decennial census data and draw three (3) legislative apportionment plans using the data. The plans shall be submitted to the Legislature as provided by law.

SECTION 3. Section 5-3-93, Mississippi Code of 1972, is amended as follows:

5-3-93. The members of the committee shall approve a plan to apportion, according to constitutional standards, the membership of the Mississippi Senate and the Mississippi House of Representatives no later than fifteen (15) days prior to the scheduled adjournment of the next regular session of the Legislature following the delivery of the 2000 decennial census data to the state and every ten (10) years thereafter and at such other times as they may be directed by joint resolution of the Mississippi Legislature.

Provided, however, the committee shall not be required to approve a plan before the Performance Evaluation and Expenditure Review committee submits three (3) apportionment plans as required by law.

SECTION 4. Section 5-3-99, Mississippi Code of 1972, is amended as follows:

5-3-99. (1) The committee shall approve a plan that divides the number of members of the Senate * * * within constitutional limitations into the total population of the state as reported in each census to determine the number of persons which constitutes the norm to be represented by a senator.

(2) The committee shall approve a plan that divides the number of members of the House of Representatives * * * within constitutional limitations into the total population of the state as reported in each census to determine the number of persons which constitutes the norm to be represented by a representative.

SECTION 5. Section 5-3-101, Mississippi Code of 1972, is amended as follows:

5-3-101. In approving an apportionment plan, the committee shall follow such constitutional standards as may apply at the time of the apportionment and shall observe the following guidelines unless such guidelines are inconsistent with constitutional standards at the time of the apportionment, in which event the constitutional standards shall control:

(a) Every district shall be compact and composed of contiguous territory and the boundary shall cross governmental or political boundaries the least number of times possible; and

(b) Districts shall be structured, as far as possible and within constitutional standards, along county lines; if county lines are fractured, then election district lines shall be followed as nearly as possible.

SECTION 6. Section 5-3-103, Mississippi Code of 1972, is amended as follows:

5-3-103. Upon approval of one of the three (3) apportionment plans submitted by the Performance Evaluation and Expenditure Review, the committee shall present its approved plans to the Mississippi Legislature, which shall act on the plans not later than the next regular session of the Legislature. The committees to which the plans are referred shall report their recommendations to their respective houses no later than the forty-fifth day of the legislative session.

SECTION 7. Section 5-3-123, Mississippi Code of 1972, is amended as follows:

5-3-123. The members of the committee shall approve a plan to redistrict, submitted by the Performance Evaluation and Expenditure Review, according to constitutional standards, the United States congressional districts for the State of Mississippi no later than thirty (30) days preceding the convening of the next regular session of the Legislature after the results of the 1980 decennial census are published and every ten (10) years thereafter.

Provided, however, the committee shall not be required to present an approved plan to the Governor and to the Legislature prior to four (4) months after the publication of census data.

SECTION 8. Section 5-3-127, Mississippi Code of 1972, is amended as follows:

5-3-127. All political subdivisions, state agencies, and all other creatures of the State of Mississippi are hereby authorized and directed to assist the committee and the Performance Evaluation and Expenditure Review and to provide it with such professional, technical and other expertise as each may possess when requested so to do. After an affirmative finding that professional, technical or other expertise is needed that cannot be provided by the aforesaid political subdivisions, state agencies, and other creatures of the state, then the committee may employ or contract for such professional, technical or other expertise necessary to accomplish the apportionment. The committee may employ staff personnel as it deems necessary.

SECTION 9. Section 5-3-129, Mississippi Code of 1972, is amended as follows:

5-3-129. Upon approval of a redistricting plan, the committee shall present its plan to the Governor and to the Mississippi Legislature.

SECTION 10. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 11. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.