SB 3174 sought to reinstate the estate tax in Mississippi, which had expired as of January 1 when the Federal estate tax law, to which state provisions had been tied, itself was changed. Republicans and fiscally conservative Democrats deride the estate tax, Federal and state, as a "death tax" that unfairly re-taxes in death the same assets that already have been taxed in life. On Tuesday, with no fanfare and little debate, the House voted 64 to 57 in favor of SB 3174, but because a 3/5 vote (74 out of 122) is required for the passage of any revenue measure, the bill failed. Proponents of the tax, who covet the $10 - $15 million annually taken by the state in estate tax revenues, held the bill on a motion to reconsider, and began (figuratively) twisting arms to encourage potentially waffling members to change their vote. But when the final showdown came with Wednesday’s decisive roll-call, 49 House conservatives of both parties stood together and killed the death tax by a vote of 70 to 49, four votes short of the 3/5 margin required for passage. The demise of the death tax signals once again that the overall philosophical tone of the House, as reflected in a variety of conservative floor successes this Session, is considerably more to the right than has been the case in years past, when re-enactment of the estate tax hardly would have been questioned, much less seriously challenged.

Apprehension about rising conservative strength on the House floor evidently is the reason that the House leadership has not allowed the full body to vote on tort reform. SB 2763, a Senate tort reform measure, died on the House calendar last week when Rep. Ed Blackmon (D–Canton) declined to bring the bill to the floor for debate, as is his prerogative as chairman of the Judiciary A committee. HB 1323, a House banking bill into which the Senate inserted a strong tort reform package, undoubtedly will die next week for the same reason. Chairman Blackman, whom Speaker Billy McCoy (D–Rienzi) re-assigned to handle HB 1323 in the place of tort reform supporter Rep. Danny Guice (R–Ocean Springs), simply will refuse to bring the bill before the full House for consideration, and the bill will die with Thursday’s deadline.

There was some slight movement on the tort reform front this week, however, as Speaker McCoy endorsed a Blackmon-sponsored suspension resolution (required because filing deadlines have already passed) to bring forward a new tort reform bill that reportedly will address the matters contained in SB 2763, including issues such as venue (where lawsuits are heard), products liability, punitive damages, jury participation, and expansion of a medical malpractice insurance plan already in place and administered by the state. Significantly, however, under the terms of the Blackman suspension resolution, any new bill would not contain provisions for caps on non-economic damages, which are anathema to trial lawyers and other tort reform opponents. Although the suspension resolution, HC 114, passed the House by a vote of 110-8, the Senate is not expected to agree to suspend the rules to allow consideration of any bill that is incapable of even addressing caps on non-economic damages, and a Senate-amended suspension resolution allowing for caps may well be sent back to the House. No new tort reform bill can be drafted or introduced in either House unless both chambers agree to a resolution by a 2/3 margin to suspend the rules so as to allow for a post-deadline filing.

Deadlines that control the operation of the Legislature arrive almost daily in the last days of any Regular Session. Click on the following link to see a complete listing of all deadlines applicable to the 2004 Regular Session of the Mississippi Legislature.

Another very moving event was held in the House chamber to honor the Mississippi National Guard and military reserve units called to active duty since September 11, 2001 in Iraq, Afghanistan, and other places at the front lines of America’s war against terrorism. The names of eleven Mississippians killed in action were called out during the ceremony that also featured retired U.S. Congressman G. V. "Sonny" Montgomery of Meridian, Governor Haley Barbour, and Adjutant General Harold A. Cross.  Rep. Charlie Capps (D–Cleveland) urged Mississippians to send our fighting men and women letters and messages of encouragement as they defend our freedoms. The following web sites are available for sending messages to soldiers: www.defendamerica.mil/nmam.html.; www.operationuplink.org.; www.anyservicemember.org.; www.operationdearabby.net.; www.messages@estripes.com.; www.usometrodc.org/care.htm.; www.opsos.org; www.fisherhouse.org.; www.adoptaplatoon.org.; www.usocares.org/home.html.; and www.army.mil/operations/iraq/faq/html.

Governor Haley Barbour's workload also is increasing dramatically as he prepares for the deluge of bills that will be hitting his desk in the next days and weeks. The governor can sign a bill within five days of receiving it, or he can allow it to become law without his signature. If the governor vetoes a bill, it returns first to the House of origin. A gubernatorial veto can be overridden only with a two-thirds (2/3) vote in both chambers of the Legislature. Although former Governor Musgrove’s vetoes were overridden with regularity, most observers seriously doubt that the Legislature will be in a position to override many, if any, Haley Barbour vetoes.

One bill of high interest this Session that has passed both chambers and been sent to the governor is SB 2853 which will allow for the drilling of natural gas in the Mississippi Sound. The final version of the bill contains restrictions on where the drilling can occur, and a House amendment provides that cities and counties along the Gulf Coast which receive severance taxes from the drilling activity must reduce property taxes by one-half of the city or county's share of the severance taxes. Bill proponents believe the state could draw as much as $1 billion in revenues over two decades of drilling activity in state waters off the Gulf Coast.

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 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.