Adopted
COMMITTEE AMENDMENT NO 1 PROPOSED TO
House Bill No. 904
BY: Committee
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. Section 9-7-14, Mississippi Code of 1972, is amended as follows:
9-7-14. (1) There shall be three (3) judges for the Third Circuit Court District.
(2) The three (3)
judgeships shall be separate and distinct and denominated for purposes of
appointment and election only as "Place One," "Place Two"
and "Place Three." * * *
SECTION 2. Section 1 of this act applies to the regular judicial election to be held in November 2022 for the Third Circuit Court District, to any special election held before November 2022, and to any election that occurs thereafter for the Third Circuit Court District.
SECTION 3. Section 9-7-15, Mississippi Code of 1972, is amended as follows:
9-7-15. (1) The Fourth Circuit Court District shall be composed of the following counties:
(a) Leflore County;
(b) Sunflower County; and
(c) Washington County.
(2) The Fourth Circuit Court District shall be divided into four (4) subdistricts as follows:
(a) Subdistrict 4-1 shall consist of the following precincts in the following counties:
(i) Leflore
County: Central Greenwood*, Minter City, Mississippi Valley State
University, Money, North Greenwood, Northeast Greenwood, Schlater,
Southeast Greenwood, Southwest Greenwood* and West Greenwood* * * * Precincts; and
(ii) Sunflower
County: Boyer-Linn, Doddsville, Drew, Fairview-Hale*, Rome, Ruleville,
Ruleville North, Sunflower 3* and Sunflower Plantation * * * Precincts.
(b) Subdistrict 4-2 shall consist of the following precincts in the following counties:
(i) Sunflower
County: Fairview-Hale*, Indianola * * * 2 East*, Indianola 3 North, Indianola
3 Northeast, Indianola 3 South*, Indianola Southeast*, Sunflower 3*
and Sunflower 4 Precincts; and
(ii) Washington
County: Buster Brown Community Center*, Darlove Baptist Church*, Elks
Club*, Extension Building*, * * * Grace Methodist Church*,
Greenville Industrial College*, Potter House Church* and St. James Episcopal
Church* Precincts.
(c) Subdistrict 4-3 shall consist of the following precincts in the following counties:
(i) Leflore
County: Central Greenwood*, East Greenwood * * *, Morgan
City/Swiftown, North Itta Bena, Rising Sun, Sidon, * * * South Greenwood, South Itta Bena,
Southwest Greenwood* and West Greenwood* Precincts;
(ii) Sunflower
County: Indianola 2 East*, Indianola 2 West * * *, Indianola 3 South*, Indianola
Southeast*, Inverness * * *, and Moorhead * * * Precincts; and
(iii) Washington
County: Arcola City Hall* * * * and Darlove
Baptist Church* * * * Precincts.
(d) Subdistrict 4-4
shall consist of the following precincts in Washington County: Arcola City
Hall*, Buster Brown Community Center*, Elks Club*, Extension
Building*, Grace Methodist Church*, Greenville Industrial College*,
Potter House Church*, St. James Episcopal Church* * * * and Ward's Recreation Center * * * Precincts.
(3) The local contributions required for the maintenance of the Fourth Circuit Court District shall be paid on a pro rata basis each by Leflore, Sunflower and Washington Counties.
SECTION 4. The boundaries of the precincts described in Section 3 of this act shall be the boundaries of the precincts as those boundaries are contained in the Census Bureau's 2010 TIGER/Line Shapefiles released in November 2010. Partial or split precincts are identified by an asterisk (*).
SECTION 5. (1) The Standing Joint Legislative Committee on Reapportionment is directed to provide the counties census block equivalency files and maps necessary to assist the counties in identifying the boundaries of any subdistricts within a chancery or circuit court district.
(2) (a) The Split Precinct Block List developed in conjunction with House Bill No. 703, 2015 Regular Session, that details the portions of the partial or split precincts that are contained within a judicial subdistrict by census block number as that list is utilized to detail partial or split precincts for judicial subdistricts in this act is hereby incorporated into and shall be construed to be an integral part of Section 3 of this act. A partial or split precinct contained in Section 3 of this act is identified by an asterisk (*) following its designation within any judicial subdistrict.
(3) (a) Section 3 of this act shall be liberally construed to effectuate the purposes hereof and to redistrict the trial courts of this state in compliance with constitutional requirements.
(b) It is intended that no subdistrict shall include any of the area included within the description of any other subdistrict.
(c) (i) If the district or subdistricts described in Section 3 of this act do not carry out the purposes hereof because of: omissions; duplication; overlapping areas; erroneous nomenclature; lack of adequate maps or descriptions of political subdivisions, wards or other divisions thereof, or of their boundary lines; then the Secretary of State, at the joint request of the Lieutenant Governor and the Speaker of the House, by order, shall correct any omissions, overlaps, erroneous nomenclature or other defects in the description of the districts and subdistricts so as to accomplish the purposes and objectives of this act.
(ii) In promulgating any order under this subsection (3), the Secretary of State, in addition to ensuring that all areas of the state are completely and accurately encompassed in the districts and subdistricts, shall be guided by the following standards:
1. Gaps in the description of any district or subdistrict shall be completed in a manner that results in a total description of the district or subdistrict that is consonant with the description of adjacent districts or subdistricts and results in complete contiguity of districts and subdistricts;
2. In any allocation of area or correction of descriptions made pursuant to this subsection, the Secretary of State shall, consistent with the foregoing standards, preserve the contiguity and compactness of districts and subdistricts and avoid the unnecessary division of political subdivisions.
(d) A copy of any order issued under this subsection shall be filed by the Secretary of State in his own office and in the offices of the affected commissioners of election and registrars. The Secretary of State may adopt reasonable rules regulating the procedure for applications for orders under this act and the manner of serving and filing any notice or copy of orders. Upon the filing of an order, the description of any affected district or subdistrict shall be deemed to have been corrected to the full extent as if the correction had been contained in the original description set forth in Section 3 of this act.
SECTION 6. House Bill No. 703, 2015 Regular Session: (a) did not update precinct names in the judicial redistricting legislation for the Fourth Circuit Court District due to pending litigation, and (b) retained all judicial subdistrict boundaries of the 1990 census as set forth in Sections 9-5-1 and 9-7-1, Mississippi Code of 1972.
SECTION 7. It being the intent of the Legislature that Section 3 of this act be retroactive, Sections 3, 4, 5 and 6 of this act shall take effect and be in force from and after April 22, 2015. The remainder of this act shall take effect and be in force from and after its passage.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO AMEND SECTION 9-7-14, MISSISSIPPI CODE OF 1972, TO REMOVE THE RESIDENCY REQUIREMENTS FOR JUDGES IN THE THIRD CIRCUIT COURT DISTRICT; TO AMEND SECTION 9-7-15, MISSISSIPPI CODE OF 1972, TO UPDATE PRECINCTS AND PRECINCT NAMES IN THE FOURTH CIRCUIT COURT DISTRICT TO CONFORM TO THE 2010 CENSUS DATA; TO PROVIDE THAT REVISED PRECINCTS ARE FROM THE 2010 CENSUS, BUT THAT SUBDISTRICT BOUNDARIES CONFORM TO THE 1990 PRECINCTS AS REQUIRED BY LAW; TO REQUIRE THE STANDING JOINT LEGISLATIVE COMMITTEE ON REAPPORTIONMENT TO ASSIST THE COUNTIES IN IDENTIFYING THE BOUNDARIES OF SUBDISTRICTS; AND FOR RELATED PURPOSES.