>> HB1493 to issue a certificate of need for new hospitals in Tupelo and Olive Branch. Proponents argue that more healthcare competition is needed in both locales, while opponents maintain that existing hospitals are already serving the needs of those communities, and that bypassing the normal certificate of need process is contrary to the State Health Plan and injurious to the public interest. The Northeast Mississippi Medical Center, in Tupelo, one of the largest rural hospitals in the nation, is at the center of the controversy along with Rep. Steve Holland (D–Plantersville), the new chairman of the House Public Health and Human Services Committee.

>> HB 928 would nullify the current 3-day waiting period after a marriage license is issued and allow the parties to be married immediately. If either party is under 21, the circuit court clerk must require the written consent of the mother or father or guardian of such minor to the marriage. The statutory reason for the 3-day waiting period in existing law, in order to allow time for a syphilis exam, no longer is necessary according to the state’s medical officials. This bill likely will pave the way for "wedding chapels" to be developed in resort areas of the state, much like those in surrounding states.

>> HB 739 directs that a chancery judge should immediately transfer persons in need of mental health treatment to the person's county of residence. This will help alleviate the inequity experienced by counties where persons from other counties who are in need of commitment are housed pending availability of space in an appropriate mental facility. In Lauderdale County, for example, citizens of other counties frequently are housed at Lauderdale County’s expense (generally at the Detention Facility) when bed space is not immediately available at the East Mississippi State Hospital. HB 739, should it become law, will give some relief to this unfair situation.

>> HB 867 prohibiting the moving or alteration of certain historical monuments and memorials located on a wide variety of public properties, including streets, parks and buildings. This bill has wide support of veterans groups all across the state, and passed the House on a divided vote. The bill faced unexpected opposition in the House, however, and has been held on a motion to reconsider, which motion must yet be tabled if the measure is to move on to the Senate for consideration.

>> HB1429 to increase the salaries of a wide range of county elected officials from supervisors to coroners. Some pay scales will depend on such issues as population and fees collected. The raises granted under this bill are significant – in some cases up to 20% – but are the first raises given to these positions for eight (8) years, and likely will be the last ones given for several more years. The individual counties, not the state itself, will fund the costs for the raises granted pursuant to HB 1429. The bill clearly is an "unfunded mandate" placed upon the counties, albeit the same as historically has been imposed in order to grant raises to local officials who, by law, must look to the Legislature for whatever raises they receive.

>> HB1245 to prohibit so-called political "push-polling" under the state's telephone "no-call" law. This controversial bill smacks of political opportunism rather than consumer protection, and if it ever becomes law, it likely will be struck down as an unconstitutional violation of the First Amendment’s guarantee of Free Speech. Democrat proponents of the bill cited instances during the 2003 campaign when "push polling" was effectively used against them in ways they consider unfair, and their evident irritation with this campaign tactic led to the introduction and passage of the bill in the House, where most Republicans voted against it. The measure will probably die in the Senate in any event.

Another bill carrying decidedly partisan overtones that failed on the House floor would have abolished the constitutional requirement that the governor (and other state-wide elected officials) be elected by both a majority of the popular vote and a majority of the electoral vote. When a candidate does not receive a majority of both types of the vote in the general election, the House of Representatives has to decide the winner, as was done in 1999 when Democrat Ronnie Musgrove was chosen over Republican Mike Parker. HC 48, as originally introduced, not only would have abolished the electoral vote requirement, but also would have permitted the general election candidate "with the most votes" to be elected, no matter how small his plurality. Under the original HC 48, a governor could be elected, in theory at least, with perhaps as little as 25% or 30% of the vote, depending upon the number of candidates in the field. In recognition of this folly, a bipartisan amendment introduced by Rep. Herb Frierson (R–Poplarville) and Rep. Jack Gadd (D–Hickory Flat) would have required a run-off among the top two candidates, thereby assuring that a majority vote ultimately would be required for election. Although the Frierson/Gadd amendment passed with a majority, the amended HC 48 failed to achieve the two-thirds (2/3) vote required for constitutional amendments. A somewhat overlooked side-effect of the dramatic gerrymandering in the legislative redistricting process undertaken in recent years is that a solid majority of Mississippi’s 122 legislative districts (even many held by incumbent Democrat legislators) tend to vote Republican in state-wide races, making it more difficult for a Democrat state-wide candidate to receive the majority of electoral votes needed for election under the existing provisions of the state Constitution. Indeed, the last Democrat governor candidate to receive a majority of the state’s electoral votes was Ray Mabus all the way back in the 1987 gubernatorial election.

Some of the bills awaiting floor action at the end of the week were: HB1035 to create a felony of fleeing from a law enforcement officer; HB 1107 to waive hunting and fishing license fees for state residents who are in the military; HB 998 to award honorary high school diplomas to Vietnam War veterans; HB 1520 to enhance penalties for using a firearm while committing a felony; HB 1298 to create a felony offense of knowingly exposing someone to a sexually transmitted disease; and HB1387 to provide much-needed oversight of college sports’ governing body, the NCAA, when infractions investigations and proceedings involve Mississippi institutions.

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.