MISSISSIPPI HOUSE OF REPRESENTATIVES
WEEKLY SUMMARY REPORT FOR WEEK ENDING FEBRUARY 7, 2003
JACKSON, Miss. -- Governor Musgrove’s signing
into law of the educational funding legislation adopted last week, and a
brewing dispute in the House of Representatives over proposed Voter I.D.
requirements, marked the fifth week of the 2003 regular session. A major
deadline of the session also passed this week, with committees of both the
House and Senate either approving or rejecting bills introduced by members
in January. General (non-revenue) bills and constitutional amendments that
were not reported out by the committees assigned to consider them by Tuesday
evening, February 4, are now dead for the session. As is always the case,
this includes the majority of all bills originally filed at the session’s
beginning.
On Wednesday of this week, the two chambers
began consideration in earnest of the bills that survived Tuesday’s deadline
for committee action. The House and Senate each will have until next
Thursday, February 13, to complete initial votes on the floor on all of
these bills. Bills not adopted by that deadline then also will become dead
for the session. The bills that are passed by the full House before next
Thursday will be sent to the Senate, and Senate-passed bills will be sent to
the House, and the whole committee consideration process will begin anew in
each chamber.
Friday, February 7, marked the 32nd
day of the 90-day session. The scheduled adjournment sine die for the
session is Sunday, April 6, although the actual end of each session usually
comes a few days before the scheduled date.
Governor Musgrove on Wednesday afternoon
signed the bills adopted last week that will provide the Fiscal Year 2004
(beginning July 1, 2003) funding for the state’s entire public education
system -- amounting to some 62 percent of the entire General Fund budget.
The governor said that the legislation means that Mississippi "means
business" about education. "While other states are cutting education, we
have taken the bold step to put our children and our future first," Musgrove
said. "We know that good schools attract good jobs, which build good
communities."
The FY 2004 budget will devote a total of
$1.95 billion to K-12 education in Mississippi, which includes some
$142.5 million in additional funds over and above the initial Legislative
Budget Committee proposal. This represents full funding for the Mississippi
Adequate Education Program for the first time, and also fully funds the next
annual increment of the multi-year teacher pay raise designed ultimately to
bring the salaries of Mississippi teachers to the Southeastern states’
average.
Higher education also was funded at levels
exceeding those of the past few years. Mississippi’s community colleges
(truly yielding the best "bang for the buck" in our state’s educational
structure) will receive a total of $172 million in General Fund
monies, which is $23.5 million above initial recommendations, and our eight
public universities will garner a total of $585 million, which also
is $70 million more than originally proposed for FY 2004. The entire General
Fund budget is approximately $3.5 billion, and all educational
expenditures amount to 62 percent of the total. Funding education at high
levels unquestionably is the Legislature’s top financial priority for FY
2004.
The adoption of a meaningful Voter I.D.
mechanism to discourage election fraud, a long-time goal of Mississippi
Republicans and a political sore point for the state’s Democrats, was the
subject of a very abbreviated debate on the House floor Wednesday.
Rep. Bill Denny (R–Jackson), a senior GOP leader in the House, offered a Voter I.D.
amendment to HB 1146, a bill designed to allow Mississippi to benefit from
the Federal "Help America Vote Act of 2002" passed by Congress. The Denny
amendment, far from being onerous or oppressive, would permit a wide variety
of common identification documents to be used to identify the voter at the
polls, and if the voter had no identification at all, he or she nevertheless
could proceed directly into the voting booth and cast his or her vote after
simply signing a statement under oath to the effect that the person really
is who he or she claims to be. Similar Voter I.D. provisions have been
adopted in other states, and these fraud-prevention measures generally have
been approved by the U.S. Justice Department as not being discriminatory to
minorities or otherwise violative of the Federal Voting Rights Act.
Before any action could be taken on the Denny
amendment, however, and within mere minutes of the amendment being offered,
debate was brought to a sudden halt by
Rep. George Flaggs (D–Vicksburg) who
raised a point of order on the bill. A point of order is a parliamentary
maneuver contesting the technical validity of the measure before the House.
When a point of order is raised (in writing, as is required), the Speaker
usually takes the point of order under consideration and all debate on the
particular measure is suspended until the Speaker makes a parliamentary
ruling one way or the other.
The curious thing about Wednesday’s events is
that the Flaggs point of order does not attack the validity of the Denny
Amendment at all (the amendment itself evidently being proper from a
technical standpoint), but rather calls into question the validity of the
original bill as brought out of the Apportionment and Elections Committee,
chaired by Rep. Tommy
Reynolds (D–Charleston). If the Flaggs point of order
is upheld, this will kill HB 1146 by which Mississippi expects to receive
some $34 million from the Federal government to modernize and standardize
voting procedures and machinery. Clearly, some members are so opposed to the
very idea of effective Voter I.D. that they are willing to press a point of
order and risk sacrificing $34 million for the sole purpose of avoiding a
vote by the full House on the issue of Voter I.D. (And, it is having to cast
the vote itself and not just the possible result of the vote that they
resist, because otherwise the point of order could have been held in reserve
and not raised at all unless and until the Denny amendment actually passed).
Click the link that follows in order to read the full text of the
Denny amendment to HB 1146.
The intriguing question is that with $34
million in Federal funds at stake, why would the Apportionment and Elections
Committee ever bring to the floor a bill containing possible technical flaws
that could subject the bill to a point of order? If the point of order is
rejected, consideration of the Denny amendment and of HB 1146 itself will
resume. However, if the Flaggs’ position that HB 1146 is fatally defective
prevails, Mississippi apparently will stand to lose $34 million needed to
implement election reform –– all apparently because some members do not want
the political discomfort of a floor vote on the Voter I.D. issue.
Speaker Tim Ford (D–Baldwyn), who scrupulously adheres "to the book" in making his
parliamentary decisions, no doubt will confer closely with House legal staff
and announce his ruling soon, perhaps as early as Monday.
By week's end, the full House had taken up
and approved more than 100 bills. Starting later this month, those same
measures will be considered by Senate committees and the full Senate if they
pass muster in those committees. Meanwhile, House committees later in
February will be considering the bills that passed the full Senate this
week. Click the following link to
track the
progress of any bill filed in either the House or Senate during the 2003
regular session, or to see a copy of any such bill.
Here are some examples of the bills that
passed the full House of Representatives this week:
--Eight economic development-related bills
that will help Mississippi continue to compete for major industrial clients,
such as the Nissan project that will open in a few months. Legislation to
bring Nissan to Mississippi was first passed in 2000, but has been
continually fine-tuned ever since to enhance the state’s economic
development activities. The bills passing the House that affect economic
development in some way include HBs 790, 837, 840, 841, 849, 919, 1268 and
1335.
--HB 283 to allow the use of tax evasion as
an offense with which to prosecute drug dealers.
--HB 1415 to allow Leflore County to use one
wing of a state prison in Greenwood that had been closed last year as a
county jail.
--HB 260 would allow the board of supervisors
of any county to employ an attorney as a full-time employee of the
county.
--HB 1418 would allow local governments to
create an economic development alliance without identifying or providing
details about a specific project.
--HB 487 would allow some state inmates to
get 30 days off their sentence for each 30 days they participate in an
approved work program.
Rep. Bennett Malone (D–Carthage), who
chairs the Penitentiary Committee, told the House that this legislation
would affect about 850 inmates a year and would save the state an estimated
$10 million annually. Conservative opponents of the measure contended that
despite the possible budgetary benefit, this new statute would allow an
inmate potentially to serve less than half the time the sentencing judge had
expected, and thereby would make a mockery of the state’s "truth in
sentencing" law, already severely watered down by the actions of the past
few sessions.
--A bill that was killed on the House floor
would have allowed cities the flexibility and discretion to contract for
parking enforcement services now handled by city employees, such a meter
maids. Critics said such a plan could lead to other contracts for work now
handled by public workers –– many in the House evidently hold to the dubious
idea that jobs in the public sector should be protected, even when the
private sector may possibly perform the same services more efficiently and
at lower cost to the taxpayers. The bill was authored by
Rep. Tom Wallace
(D–Jackson) and was handled on the floor by Rep. Greg Snowden
(R–Meridian).
--HB 880 would require charter boat captains
to undergo periodic random testing for drug use and also require them to
have liability insurance.
--HB 1113 expands the Mississippi Rural Risk
Underwriting Association law to provide a market for residential property
insurance in both rural areas and other areas of the state.
--HB 897 revises some of the guidelines for
the Medicaid program. This health insurance program for low-income citizens,
which is one of the costliest of all state programs, seems to require the
constant scrutiny of the Legislature.
--HB 860 allows local governments to donate
to primary health care clinics whose purpose is to provide a myriad of
health-care services to uninsured residents. Clients must meet certain
income limits, be willing to pay a minimal amount for services and have no
access to health insurance.
--HB 861 establishes a coordinating council
for remote sensing and geographic information systems. The council will be
composed of various state agency heads and representatives of local
governments and other entities. The bill was authored by
Rep. Cecil Brown
(D–Jackson), and was handled on the floor by Rep. Greg Snowden
(R–Meridian).
--HB 1120 makes it a felony to kill or injure
a public service animal, such as a K-9 dog, drug dog, bomb dog, etc.
--HB 807 deletes the blood test requirements
for marriage licenses and reduces the waiting period between the filing of
the application and the issuance of the license.
--HB 973 would increase the jurisdictional
limit of County courts to $200,000.00.
--HB 1400 would allow a city or county to
sell unneeded property at auction instead of following a bid procedure,
provided that the auction price met or exceeded the appraised value.
--HB 1312 provides liability protection for a
sponsor or advertiser of an event, such as a concert, when that person has
no control over the conduct of the event.
--HB 746 permits a school district to be
exempt from the required 180-day school calendar for time missed due to
certain true emergencies and natural disasters. This would not include mere
days of bad weather, but would allow some administrative flexibility in
situations where the President or the Governor has declared a disaster or
state of emergency.
--HB 1414 to regulate non-profit debt
management services.
--HB 643 to allow the taking of deer with
less than four points if experts feel it is necessary for best herd
management practices on certain lands.
--A bill defeated on the House floor was HB
363, authored by Rep.
Gary Chism (R–Columbus), which would have prohibited
the members of a city governing board from voting themselves a pay raise
unless they delayed the effective date of the raise until after the next
election. This was a "good government" measure that was defeated because
some members feared it would curtail excessively the discretion of local
elected officials.
--Interestingly, another bill which was
defeated would have allowed Boards of Supervisors to receive the automatic
pay raises now allowed to them which are brought about by increased county
property valuation, but without first having to adopt a public resolution
claiming and accepting the raise. Opponents of the measure successfully
argued that if this requirement were to be removed, the public very well
could be kept in the dark about a substantial pay raise given to the
Supervisors.
Numerous commending resolutions were passed
including those honoring several state champion athletic teams, the late
Delta Council Executive Vice-President B.F. Smith of Leland, civil rights
leader Winson Hudson of Carthage, country/pop artist Steve Azar of
Greenville, WorldCom whistleblower and Time Person of the Year
Cynthia Cooper of Clinton, the late historian and author Stephen Ambrose of
Bay Saint Louis, and Mechelle Ramshur of Columbia, the state's Outstanding
Elementary Science Teacher of the Year, who teaches in Sumrall. Mrs. Hudson
was personally honored in the House chamber on Friday.
Representative Greg Snowden (R-Meridian)
maintains a legislative web site to aid constituents and other interested
persons in obtaining information about state government. The web site
address is www.gregsnowden.com. Rep. Snowden may be reached by e-mail
at any time at greg@gregsnowden.com, or by telephone at 601-693-5700
(Meridian office) or 601-527-5350 (cell phone - a local call from anywhere
within Mississippi).
EDITORIAL NOTE: Most of the facts and much
of the organization of the above summary is due to the fine work of Mac
Gordon, of the House Information Office. However, although Mr. Gordon
provides this information weekly to all House members, each member has the
privilege of using it however he or she sees fit. Rep. Snowden has taken the
liberty to re-write much of the standard summary, and to include his own
comments and expressions of opinion. Accordingly, while Rep. Snowden
gratefully acknowledges the work of the House Information Office in
organizing and supplying reliable and timely information as to the workings
of the House, all comment and all opinion contained in this summary is that
of Rep. Snowden alone, and not that of Mr. Gordon or any other staff
employee of the House of Representatives.
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