MISSISSIPPI HOUSE OF REPRESENTATIVES
Jackson, Mississippi

House Information Office
Mid-April 2002
Contact: Mac Gordon, 601-359-3323

HIGHLIGHTS OF 2002 LEGISLATIVE SESSION

JACKSON, Miss. Facing a third straight year of lagging revenues and a critical funding shortage in the program that provides medical insurance for the needy, disabled and elderly, members of the Mississippi Legislature met financial issues from start to finish during the 2003 session. In the end, they strung together a $3.5 billion General Fund budget for fiscal 2003.

Governor Ronnie Musgrove added to the difficulties of the 90-day session a week after it ended on April 5 when he vetoed the appropriation and technical bills for his office's Division of Medicaid. Members of the Legislature acted just as swiftly in overriding his vetoes, returning to the Capitol on April 12 to implant those bills into state law. He also vetoed the appropriations bills for the Departments of Corrections and Human Services, but those vetoes were ruled invalid by Attorney General Mike Moore on a technicality. At the time of this writing, it was unknown how the governor's objection to Moore's ruling would effect those agencies for fiscal 2003.

The General Fund budget of $3.503 billion for the next fiscal year starting July 1, 2002 was based on revenue growth of 3.8 percent over the previous year's revenues. Tax collections remained sluggish through the first three quarters of FY 2002, despite some signs that the national and state economies were starting to emerge from the doldrums of a recession that began in early 2001.

Legislative leaders said post-session that the 2002 Legislature was clearly the most difficult they had experienced in years. The decade of the 1990s had brought Mississippi unparalleled economic growth with the advent of casino gaming and other large construction projects. The first decade of the new millennium began with an economic bang as the Nissan Corp. announced plans to locate a plant in Mississippi that is set to open in 2003. However, job losses in other business and manufacturing sectors in the past year blunted the euphoria brought on by the Nissan announcement and the state's unemployment rate has been on an upward trend over the past 12 months.

This was the third session of the current four-year term, with the next statewide elections -- including governor and lieutenant governor, legislators and numerous county offices -- set for 2003. Primaries are in August and the general election in November. Currently, there are 86 Democrats, 33 Republicans and three Independents in the House of Representatives, including 106 males and 16 females, 87 whites and 35 African-Americans. The Legislature redistricted its 122 House members and 52 Senate members during the session.

In addition to budget matters, the session was highlighted by endorsement of an agreement to end the quarter-century old Ayers university desegregation lawsuit, enactment of the second year of a plan to raise public school teachers' salary to the Southeastern average, passage of a long-range transportation proposal, a change in the appointments system for State College Board members, reducing the blood alcohol content threshold for determining DUI violations, disagreements over civil justice reform and measures to honor and protect two of the state's most cherished icons -- catfish, which must be clearly labeled as to its origins when sold, and the Teddy Bear, adopted as the official state toy.

Teddy Bear history has it that in 1902, President Theodore Roosevelt was in the process of settling a dispute between the states of Mississippi and Louisiana. A keen hunter, Roosevelt was taken on an unsuccessful hunting for trip for bears in the Mississippi Delta near the community of Onward. The only bear that was trapped was so small and pitiful looking that the president refused to shoot it, considering it to be not sporting. The next day a cartoon of this incident appeared on the front page of the Washington Post. In New York, a storekeeper, Morris Michton, displayed a bear in the window of his stationery and novelty store. His wife Rose had made it from plush stuffed excelsior and finished with black eyes. The toy became very popular and President Roosevelt gave permission for them to be named "Teddy Bears."

More than 3,000 bills were introduced during the session. A majority of the estimated 500 that were approved will become law on July 1, including the K-12 public school teachers' pay raise. Some acts, including a pay raise for state employees and higher education personnel, will go into effect Jan. 1, 2003. Here is a snapshot view of some of the issues:

K-12 PUBLIC EDUCATION

Overall Funding. K-12 was able to retain the '02 level of funding and gain sufficient funds to provide for the teacher and assistant teacher pay raise, as well as the restoration of classroom supplies and textbook funding that were diverted for the 2002 school year. Some $57 million in one-time funds, through accelerated sales tax collection and other methods, were used to provide this funding. While overall state agency services were reduced, K-12 fared much better with total funding of $1.502 billion -- $41.5 million above FY 02 levels.

Teacher Pay. The second installment of the plan to bring the salary of the state's 30,000 public school teachers to the Southeastern average in five years was approved. The raise going into effect July 1 is 6 percent over existing salaries. By the time it is fully implemented, the average state teacher's salary will be $41,020, which is the projected Southeast average at that time. For 2002-03, the beginning teacher will earn $24,700 annually, while those with 25 years and above with an AAAA certificate, the salary will be $46,975. The starting teacher's salary will be $30,000 annually when fully implemented.

School Boards. HB 264 provides that if a school board member missing 20% or more of the meetings during a calendar year must reimburse the school district for any payment received for the meetings missed.

Organ Donation Courses. HB 465 requires that state driver education and training programs in secondary schools include instruction related to organ and tissue donation and donation procedures. Programs shall also include instruction on the litter laws of the state and the responsibilities of the driver and all passengers to dispose of litter in the proper container.

School District Management. HB 492 creates a task force to conduct a best financial management practices review of the State Department of Education to improve Mississippi school district management and the use of resources and to identify cost savings. It will address: 1) the SDE’’s and the local school districts’’ uses of resources; 2) ways the SDE and the local school districts could save funds; and 3) ways to improve the SDE’’s and the local school districts’’ performance accountability systems.

School Day Trips. HB 494 permits school districts to spend funds for student field trips to public or private nonprofit museums, including the cost of admission to museums.

Attendance Officers. HB 643 requires the SDE to obtain fingerprints and current criminal records background checks and current child abuse registry checks on prospective school attendance officers.

Classroom Materials. SB 2095 creates The Timely Acquisition of Braille and Large Print Textbooks Act of 2002, requiring the SDE to place textbook orders for visually and hearing impaired students prior to the beginning of the fiscal year. After June 1 of any year, the SDE may order additional textbooks as needed.

Former Military Teachers. SB 2168 requires school districts to include each complete year of classroom instruction in the military as "years of teaching experience" when computing teacher salaries.

School Enrollment. SB 2225 establishes additional evidence that can be used regarding the date of birth that is required for a child to enroll in kindergarten or first grade. If the first prescribed evidence is not available, the next evidence obtainable, in the order set forth below, will be accepted: a certified birth certificate; a duly attested transcript of a certificate of baptism, showing the date of birth and place of baptism of the child, accompanied by an affidavit sworn to by a parent, grandparent, or custodian; an insurance policy on the child’’s life which has been in force for at least two years; a bonafide contemporary Bible record of the child’’s birth, accompanied by an affidavit sworn to by the parent, grandparent, or custodian; a passport or certificate of arrival in the United States, showing the age of the child; a transcript of record of age shown in the child’’s school record for at least four years prior to application, stating date of birth; or if none of these can be produced, an affidavit of age sworn to by a parent, grandparent, or custodian.

Physical Education. SB 2249 requires the SDE, subject to availability of funds, to employ a physical activity coordinator for K-12 no later than 60 days after receipt of such funds. The coordinator must submit a state plan and monitor the districts for adherence to current Mississippi school accountability standards and for implementation of the physical education curriculum. The Legislature recommends the following guidelines for school district physical education and fitness classes: Grades K-6, 30 minutes per day; and Grades 7-9, two hours per week.

Flying of the Flag. SB 2321 requires that whenever the flag of the United States is flown at half-staff by order or instructions of the President or pursuant to federal law, all public schools shall lower the United States flag in accordance. The school will be required to announce the reason that the flag is being flown at half-staff to all students in assembly, or by teachers in the various classrooms, or by prominently displaying written notice throughout the school stating the reason that the flag has been lowered.

Prospective New Teachers. SB 2370 sets up a "non-traditional" course for persons with college degrees to become classroom teachers. The "Teach Mississippi Institute" will include an eight-week, 9-semester hour summer program and a one-semester 3-hour internship to be completed while the teacher is employed as a fulltime intern in a local school district. The Institute will be located at up to four locations across the state. After completion, the individual qualifies for a provisional teacher license while completing the non-traditional teacher preparation internship program. After further evaluation, the teacher may be considered for a standard teacher license. Students in the TMI Institute may qualify for scholarship programs to finance the course. Mississippi has a severe critical teacher shortage in numerous school districts.

Student Election Interns. HB 1445 provides a pilot project that authorizes election commissioners to appoint two students at each precinct to serve as student interns during elections. The Secretary of State will select 10 counties as a pilot project to assess the feasibility of expanding the program statewide. To be appointed a student intern, a student must be at least 16 years of age and have at least a B average. They will perform various duties under the direction of election officials.

HIGHER EDUCATION

Funding. The Legislature appropriated $641 million state general funds, federal funds and special funds to run the state's eight public universities and $151.1 million for the 15 two-year colleges for FY 2003. The Legislature provided $48.5 million in Budget Contingency Funds and, as a result, IHL has sustained a 1.23 percent cut from FY 2002. The Budget Contingency Funding will help the board, the commissioner and the presidents in sustaining quality programs and services. In addition, the general obligation bond bill contains $68.3 million in IHL projects including Ayers. "We have no question whatsoever that the Legislature found every available dollar to help IHL with its budget challenges," an IHL spokesperson said after the session. The bond bill also includes $9 million for facilities projects at the two-year colleges. Also, lawmakers appropriated $37.1 million for tuition assistance programs for FY 03.

Ayers Settlement: Among other things, the settlement for the lawsuit that was originally filed on Jan. 28, 1975 provides:

--A pool of funds for 10 years to supplement the financial aid currently available to summer program students. Funding is for $500,000 annually for five years and $750,000 annually for five more years.

--Continued implementation of academic programs initiated under the federal court's 1995 decree and of additional new academic programs at Alcorn, Jackson State and Mississippi Valley. The IHL board further enhances existing academic programs at the three schools.

--Public and private endowments are to be created at the three schools. The public endowment is over 14 years and for $70 million. The IHL Board must establish the private endowment over seven years for $35 million.

--Capital improvement projects are authorized at ASU, JSU and MVSU over five years in the amount of $75 million.

--Special Ayers funding is to be provided over a 17-year period for $245.8 million for academic programs. Annual appropriations are structured to decline over time. The $3.6 million frozen by the district court's July 6, 2000 order is for use by ASU and MVSU. The total settlement is $503.2 million including funding to date.

--JSU is recognized as a comprehensive university.

--Mississippi Veterans Memorial Stadium is designated as home of the JSU Tigers and JSU will have a seat on the Stadium Commission. JSU is to have control over the Universities Center.

--Plaintiffs' attorneys are to receive $2.5 million.

--Final order signed February 15, 2002 by U.S. District Court in Oxford.

College Board Appointments: SCR 522 provides for a constitutional amendment to change the structure of the Board of Trustees of State Institutions of Higher Learning. The amendment will be placed on the ballot in November 2003, and will read as follows: This proposed amendment provides that after January 1, 2004, as vacancies occur, the 12-member Board of Trustees of State Institutions of Higher Learning shall be appointed from each of the three Mississippi Supreme Court districts, until there are four members from each Supreme Court district. The terms of office are staggered so that in 2004 the appointees will have 11-year terms, in 2008 they will have 10-year terms and 2012 the 9-year terms will begin.

Two-Year College Funding: HB 1612 requires that the State Board for Community and Junior Colleges contract with a competent management consulting or accounting firm to study the state funding formula for community and junior colleges. It must report its findings to the House and Senate Education Appropriations Committees no later than December 15, 2002.

Scholars Program. HB 337 authorizes persons to initially apply for a scholarship under the Mississippi Eminent Scholars Program during their senior year in high school and the three years following their high school graduation.

TRANSPORTATION

Vision 21. The Mississippi Department of Transportation pushed this program under SB 2058 that extends the 1987 four-lane program and the gaming roads program, both of which have been in place for several years. It is believed the project will be a major economic development boon for the state, as well as providing safety for motorists. The new act, which brings numerous roads statewide into focus for improvement, revises the method of establishing priorities for future work after phases 1,2,3 of the 1987 program have been completed. It sets up the future work based on immediate needs (within 5 years), mid-range needs (within 10 years) and long-range needs (beyond 10 years), with the priority schedule to be reviewed annually by MDOT to determine if a revision is necessary. Such criteria as traffic counts and projections, cost estimates and benefit-to-cost analyses will be used in determining priorities. The program will not require any new tax programs, but extends until 2025 the revenue stream already in place to fund the 1987 four-lane program -- based on a 3.6 cents-per-gallon fuel tax. The bill gives the MDOT flexibility in the use of federal funds in lieu of state funds in the construction of roads.

Highway Billboards. SB 2403 restricts the size of certain billboards along roads and highways. For signs erected prior to July 1, 2003, the maximum size of any outdoor sign may be 1,200 square feet. For those erected after July 1, 2003, the maximum area for any sign face will be 672 square feet, the maximum height 14 feet and the maximum length 48 feet. The height of any sign structure may not exceed 40 feet.

Driver's Licenses. HB 522 requires males 18 to 26 years of age to be automatically registered with the Selective Service System when applying for or renewing a driver's license. Also, HB 686 allows the spouse or child of a military service member to renew a license without penalty if they are out of state due to active duty when the license expires. SB 2182 permits legal immigrants who are not registered with Social Security to obtain a driver's license for one year.

Byways Protections. SB 2098 provides for the Mississippi Department of Transportation to establish a Mississippi Scenic Byways Program, similar in some ways to an act protecting scenic Mississippi streams. Under the plan, the department will develop a scenic byways corridor management plan for the state to ensure that highways, roads, streets and corridors designated as scenic byways are properly managed and that their intrinsic qualities are maintained. A Scenic Byways Advisory Committee will assist in the planning of the program. The same bill makes exemptions, including churches and school property, to laws governing the size of structures within 1,000 feet of the Natchez Trace.

Handicap Parking. SB 2385 allows a vehicle with a handicap license tag to park in a protected space without having to display a windshield placard denoting a disability.

Traffic Violations. SB 2942 permits persons charged with a misdemeanor traffic violation to attend a four-hour traffic safety course and have no record of the violation on their driving record if certain conditions are met.

Specialty Car Tags. SB 2501 added NASCAR, Choose Life, Mothers Against Drunk Driving and others to the list of specialty car tags that may be purchased by groups. The organization for which the Legislature authorized the distinctive license tag or plate must submit proof to the State Tax Commission that at least 200 of such license tags or plates will be purchased and must deposit with the commission an amount necessary to purchase 200 of such license tags or plates.

Honorary Highways. Several bills honor individuals or groups by naming portions of highways or parkways in their name, including former Lt. Gov. Evelyn Gandy, former Ingalls Shipbuilding President Jerry St. Pe' and military veterans.

INSURANCE

Stacking. HB 666 addresses "stacking" under uninsured motorist coverage. "Stacking" occurs when an insured has multiple vehicles and one of them is involved in an accident with an uninsured vehicle, and the insured is allowed to recover an amount up to the policy limits times the number of vehicles contained in the policy. The bill allows someone whose automobile liability policy that covers 10 or more vehicles to purchase a single-limit, non-stacking uninsured motorist policy for all vehicles. This uninsured motorist coverage must be for limits required under the Mississippi Motor Vehicle Safety Responsibility Law of $100,000 for death or bodily injury of one person, $200,000 for two or more and $50,000 for injury or destruction of property. The insured may choose higher limits of uninsured motorist coverage. This is an issue that had been discussed for several years and a compromise was forged between interested parties.

Rural Fire Trucks. HB 1809 provides for a $3.1 million appropriation for the fifth round of the popular Rural Fire Truck Acquisition Program. This program provides state matching funds for communities to purchase the equipment which has the ultimate effect of reducing homeowners' fire insurance rates. Since the program was enacted in 1995, there have been 374 applications, 309 new trucks purchased and $14.3 million expended through the program which has worked to heighten the awareness statewide for fire protection services.

Insurance Claims. HB 683 requires accident and health insurance policies to include provisions for the prompt payment of "clean claims." The term "clean claim" means one received by an insurer and which requires no further information, adjustment or alteration to be processed and paid by the insurance company. A claim is "clean" if it has no defect or impropriety that prevents timely payment. The bill provides that if the claim is not denied for valid reasons, the company must pay interest on the benefits. Also, companies may be forced to pay an administrative fine for delaying payment of clean claims.

Public Employees Health Insurance. HB 1386 requires the Public Employees Retirement System to design a health insurance plan for all current and future retirees. It would be available to all state public employees retired from systems administered by PERS, including municipal systems, highway patrol and the optional retirement plan. It would be pre-funded by requiring all covered employers to contribute a percentage of payroll into the fund.

TAXES, ECONOMIC DEVELOPMENT, BUSINESS AND AGRICULTURE

Catfish Labeling. SB 2345 prohibits the misleading labeling or advertising of any fish as domestic or farm-raised catfish that is not a catfish native to North America. The act makes it a felony to use the term "catfish" when it is of another species. The bill applies to processors, distributors, retails and wholesalers. Restaurants with misleading labeling will have three days to correct the violation. Penalties could range to a $1,000 fine and two years in prison.

Meat Labeling. SB 2367 requires that any unprocessed fresh or frozen beef sold in the state after Jan. 1, 2003 must be labeled by showing the country of origin. It does not apply to prepared meat sold at retail for consumption on the premises or to processed foods. Also, HB 724 increases penalties for bribing a state meat inspector.

Moving of Farm Equipment. SB 2410 exempts farm implement dealers delivering machinery to a farm or ranch from restrictions on size, weight and load as long as the transport takes places on roads other than interstate highways. Also, HB 1236 revises the maximum size of cotton module units for moving raw cotton from the field to the gin. The width may now be up to 9 feet and the length up to 50 feet.

Tax Incentives. HB 1639 allows counties that are members of regional economic development alliances to grant tax incentives to businesses meeting certain capital investment thresholds.

Grants Program. HB 581 allows the Mississippi Development Authority to be reimbursed for actual costs incurred in providing assistance to small cities and counties for economic development projects under a grants program.

Enhancement of State Ports. HB 589 will allow tax credits for businesses utilizing the state's port facilities. The purpose of the tax credit is to promote the increased use of ports and related facilities in this state, particularly by businesses that would not otherwise use the ports.

Arts Enhancement. HB 1745 increases the amount of bonding that may be used by the Mississippi Arts Commission to provide grants to nonprofit organizations for the enhancement of existing buildings and facilities for the presentation, teaching or exhibition of the arts.

Airport Development. HB 1127 provides that the sales tax revenue collected on sales of parking services of parking garages and lots at airports will go into a special fund for the support and development of airports and other air navigation facilities.

Agricultural Enterprises. HB 1341 allows the Mississippi Land, Water and Timber Resources Board to provide funds to public and private entities through loans, grants, contracts under the Mississippi Land, Water and Timber Resources Act, a measure to enhance the state's agricultural-related industry. A bond bill passed this session puts $18 million into the program, including $8 million for alternate energy projects.

Public Improvement Districts. HB 1558 establishes Public Improvement Districts to provide capital infrastructure for projected growth without overburdening counties and municipalities and their taxpayers. The districts would be funded through the issuance of bonds and would be created through an application process.

Business Investments. HB 1834 increases to $260 million the amount of bonds to be issued under the Mississippi Business Investment Act for loans to expanding technology-based business and industry.

Veterinary Laboratory. SB 2873 transfers the supervision of the Veterinary Diagnostic Laboratory in Jackson to the MSU College of Veterinary Medicine. The lab will remain in Jackson.

Ethanol Production. HB 1130 authorizes the Commissioner of Agriculture to make cash payments to state producers of ethanol, anhydrous alcohol and wet alcohol if these products were derived from Mississippi agriculture and forestry commodities. The goal is to enhance a new farm-related enterprise in the state whose agricultural industry has fallen on hard times in recent years.

Accelerated Tax Payments. HB 1379 provides for businesses with a monthly tax liability of $20,000 per month to pay to the State Tax Commission on or before June 25, 2003 at least 75 percent of the employer's estimated withholding tax liability for the month of June. The bill is expected to pump almost $120 million into state coffers and help plug holes, particularly for public education, in a cash-strapped General Fund budget. Some 5,600 businesses are believed to be affected by the new law.

Catfish Ponds. HB 1739 provides that catfish ponds will be classified for property taxes in the same manner as land used for row crops.

Warehouses. HB 1075 transfers administration of the free port warehouse laws from the State Tax Commission to local officials.

Telecommunications Taxes. SB 3120 increases the sales tax on out-of-state phone calls from 5.5 percent to 7 percent. The revenue raised will provide rebates to companies that pay a higher property tax rate than smaller companies.

Tornado Tax Reduction. SB 3187 provides a property tax exemption for properties deemed a total loss as a result of a tornado during the 2001 calendar year. Particularly hard hit by such a natural disaster was Pontotoc County, but the bill will could affect property in any county.

COURTS, CRIMES AND PRISONS

Drinking and Driving. SB 2848 lowers to .08 percent the threshold for determining violations of the state's implied consent law, also known as driving under the influence of alcohol. The old rate was .10 percent. The federal government had adopted the lower threshold several years ago and it is believed the lower rate will save lives on the state's roads and highways. Groups such as Mothers Against Drunk Driving had pushed for the change.

Alcohol Enforcement Authority. SB 2890 gives the State Tax Commission the authority to enforce beer and wine laws, and spells out penalties for retailers who selling these beverages to minors. It also establishes stiff fines for minors having possession of or purchasing alcoholic beverages, including possible suspension of a driver's license. Also, HB 798 establishes criminal background checks for applicants for a license to sell alcohol.

Domestic Violence. SB 2460 gives law enforcement officers wide latitude in making arrests for suspected domestic violence situations. It keeps the officer from being held liable if they make an arrest on probable cause and in good faith. Also, SB 2603 provides that in sentencing, the court will consider as an aggravating factor whether the crime was committed in the physical presence or hearing of a child under 16 years of age who was living within either the residence of the victim, the residence of the perpetrator, or the residence where the offense occurred.

False Bomb Threats. HB 97 sets a fine of $10,000 and jail time of up to 10 years for perpetrating a false bomb threat upon the public.

Making Illegal Drugs. HB 263 provides enhanced penalties when manufacturing illegal drugs like crystal methamphetamine in the presence of children.

Security Guards. HB 844 requires guards and others authorized to carry a concealed weapon who are not sworn law officers to obtain a permit through the Department of Public Safety at a cost of $100.

Fine Assessments. HB 1005 provides an assessment of 50 cents on some violations to be deposited in the Law Enforcement Officers and Firefighters Death Benefits Trust Fund, and a $1 assessment on implied consent violations and some other violations to be deposited in the Capital Defense Counsel Special Fund.

Law Officers. HB 1434 requires that a probable cause hearing be held before an arrest warrant may be issued against a law enforcement officer.

Parole. HB 1517 puts felony child abuse in the category of violent crimes for the purpose of determining parole eligibility.

New Judges. HB 605 creates new county court judgeships in Rankin and Madison counties.

Terms of Judges. SB 2606 revises from four years to six years the terms of chancery, circuit and county court judges, starting in January 2003.

Internet Crimes. SB 2042 prohibits the seduction of minors through the Internet. The crime of "computer luring" could bring a fine of up to $10,000 and jail time of three years .

Misdemeanor Violations. SB 2079 allows traffic, motor vehicle and game and fish fines to be paid without a court appearance.

Telephone Harassment. SB 2297 makes it unlawful to make any comment, request, suggestion or proposal by means of telecommunication or electronic communication which is obscene, lewd or lascivious with intent to abuse, threaten or harass any party.

White Collar Crime. SB 2419 mandates minimum jail time of one year for theft of public funds.

Bioterrorism. SB 2518 prohibits the introduction of biological substances or agents. It makes it unlawful to knowingly bring a harmful biological substance including smallpox, anthrax or any other contagious or infectious disease into the state. A conviction would bring a fine of $100,000 and imprisonment of up to 20 years.

Crime Victims' Compensation. SB 2562 revises award limits to victims of crime, with amounts depending on the type of medical care, rehabilitation, funeral, compensation for loss of work and other services that are received.

Death Benefits. SB 2661 revises upward to $20,000 the death benefits of law enforcement officers and firefighters killed in the line of duty.

Parental Rights. SB 2750 provides that in cases of children born out of wedlock, the father will not have a right to object to an adoption unless he has demonstrated, within 30)days after the birth of the child, a full commitment to the responsibilities of parenthood.

ELECTIONS AND VOTING

Voter Intent. HB 833, the so-called "Chad Bill," provides for a uniform method of determining voter intent in counties that utilize optical mark reading systems. It establishes a Resolution Board to review ballots that have been rejected by the OMR tabulating equipment and that are damaged or defective, blank or overvoted. The act was the state's response to problems suffered in Florida during the last presidential election.

Voter Registry. SB 2366 creates a centralized statewide qualified voter file that consists of all qualified electors who are registered to vote. This will assist county election leaders with the maintenance and purging of names on voter rolls. Officials would have immediate access to information about voters who have moved to another county, have died or have been convicted of a crime.

Uncounted Ballots. SB 2380 requires the reporting of ballots that are not counted. Information compiled by the Secretary of State's Office will measure the accuracy of voting machines to assist local officials in acquiring the most accurate voting machines.

Unopposed Candidates. SB 2382 declares all unopposed candidates as elected.

PUBLIC HEALTH/MENTAL HEALTH/DISABILITIES

The debate over the current fiscal year's shortfall and the next year's increased budget request in the Governor's Division of Medicaid was the single most dominant subject of the session. The program provides health insurance and other health-related programs for about 650,000 Mississippians. States across the nation are struggling with how to fund Medicaid.

Medicaid's cost has skyrocketed since 1990, when state funds put into the program were $122.6 million. That has steadily risen to the $246.8 million in state funds that the appropriation contains for FY 2003. The session also produced $131.9 million for Medicaid from the Health Care Expendable Fund, including $104 million to be used as matching funds for medical services in FY 2003. Overall, the Medicaid budget for FY 03 is $2.8 billion, including $2.6 federal and special funds.

The Legislature plugged holes in Medicaid's FY 2002 budget through HB 1200 with a $158 million deficit appropriation, with $108 million coming from the Tobacco Trust Fund, $29.5 million from the Budget Contingency Fund and several cost-savings measures, including reductions in payments to a host of medical care providers.

Gov. Musgrove's veto of the Medicaid appropriation bill for FY 2003 was easily overridden on April 12 by the Legislature. In separate bills introduced the same day, the House voted to delete the provision that prohibited the Division of Medicaid from spending more than 25 percent of its funding during any quarter of FY 2003 and voted to give the governor more flexibility in administering Medicaid. However, the compromises approved by the House died in the Senate when that chamber introduced its own bills on those subjects. They failed when the predetermined sine die adjournment hour of 5 p.m. arrived with the Senate's work unfinished.

Gov. Musgrove declared after the April 12 adjournment that he would call a special legislative session, probably before July 1, to deal with what he said is a Medicaid budget shortfall for the 2003 fiscal year.

Background checks. SB 2191 mandates criminal background checks for new health-care employees at state-licensed facilities hired after July 1, 2002. Persons employed before that date would be required to sign an affidavit swearing they had not been convicted of a felony. Also, SB 2662 authorizes criminal background checks for new employees and volunteers at facilities operated by the Department of Mental Health.

Newborns. HB 717 mandates an enhanced newborn screening program designed to detect hypothyroidism, phenylketonuria (PKU), hemoglobinopathy, congenital adrenal hyperplasia (CAH), galactosemia, and other conditions specified by the State Board of Health and recommended by the American Academy of Pediatrics. All newborn infants must be screened by the physician or other health care provider attending the infant, using tests that have been approved by the State Board of Health.

First Responders. HB 1089 provides that first responders/emergency medical technicians carry and administer epinephrine from auto-injectors to treat persons experiencing allergic reactions and anaphylaxis.

Abortions. HB 1480prohibits abortions financed by public funds in all cases except when the abortion is medically necessary to prevent the death of the mother; when the abortion is being sought to terminate a pregnancy resulting from an alleged act of rape or incest or when there is a fetal malformation that is incompatible with the baby being born alive.

Insurance Cards. SB 2412 requires health insurance plans that provide coverage for prescription drugs, including health maintenance organizations and third party administrators for self-insured plans, to issue a card containing standardized pharmacy benefit identification information. The card must include the insured's group number, when required for proper claims adjudication; the name and address of the benefits administrator; and a help desk telephone number that pharmacy providers may call for pharmacy benefit claims assistance.

Veterans Homes. SB 2425 puts operation and maintenance of the four Mississippi Veterans Nursing Homes in the hands of the State Department of Veterans Affairs. Previously, the operation had been leased to a private firm but the arrangement proved unsatisfactory. The homes are located in Collins, Jackson, Kosciusko and Oxford.

Juvenile Rehab Center. SB 2663 authorizes the Department of Mental Health to operate the center in Brookhaven. Admissions are limited to mentally retarded adolescents who have been committed to the center by a youth court judge or chancellor, or who are voluntarily admitted to the center.

OUTDOORS/GAME-FISH/WILDLIFE AND PARKS

Deer Island. SB 2273 provides $10 million in general obligation bonds to purchase and preserve Deer Island, a 500-acre beach and woodlands area in the Mississippi Sound, less than a mile south of Casino Row on U.S. 90. The property will remain in its natural state

Beaver Control. HB 865 allows counties to donate up to $4,000 annually for the beaver control program. Also, the Legislature appropriated $718,000 for the program

License Termination. SB 2566 provides that any non-resident who hunts or traps without the required license can be fined up to $1,000 and forfeit hunting and trapping privileges for a period of one year.

Scenic Streams. SB 2677 designates Magee's Creek in Walthall County as a state scenic stream, giving it special protections. Also, HB 952 designates Chunky Creek/Chunky River as eligible for nomination for the program.

Protection of Stream Beds. SB 2835 clarifies that the right of the public to use public waterways does not include the use of motorized vehicles in the beds of a public waterway without the written permission of the landowner. Any person who uses a motorized vehicle in the bed of a public waterway without the written permission of the landowner may be punished.

Game Donation. SB 2781 allows the state to donate seized game to be donated to jails for feeding prisoners.

Antler Products. HB 703 permits the sale of products crafted, fashioned or made from deer antlers not in velvet.

Bond Projects. SB 3197 plans improvements totaling $4.73 million for improvements to facilities operated by the Department of Wildlife, Fisheries and Parks, including lakes, cabins and campgrounds.

MISCELLANEOUS

SB 2750 clarifies that in cases of children born out of wedlock, the father will not have a right to object to an adoption unless he has demonstrated, within 30 days after the birth of the child, a full commitment to the responsibilities of parenthood; HB 251 urges state agencies and local governments to take steps to prevent inadvertent disclosure of Social Security numbers; and the Legislature also passed dozens of "local and private" bills that pertain to or effect only one municipality.