2003 SESSION

MISSISSIPPI HOUSE OF REPRESENTATIVES

Jackson, Mississippi

House Information Office

Mid-April 2003
Contact: Mac Gordon,
601-359-3323

HIGHLIGHTS OF 2003 LEGISLATIVE SESSION

JACKSON, Miss. — Unprecedented action to fund public education within the first month and overcoming later budget hurdles provided most of the highlights for the 2003 session of the Mississippi Legislature.

Members of the House of Representatives and their Senate counterparts arrived at the Capitol on Day One, Jan. 7, with a clear priority of establishing a spending plan for K-12 grades and higher education. Gov. Ronnie Musgrove approved the education funding blueprint in early February.

From then until sine die adjournment on Day 90, April 6, the Legislature worked against long budgeting odds created by struggling state and national economies, which resulted in the same revenue shortfalls in almost every category of state tax collections that have plagued lawmakers for several consecutive years. However, the budget crafted for fiscal 2004 beginning July 1 does not include any tax increases and no plans for any state worker layoffs -- consequences already faced by many states.

THE $3.58 BILLION GENERAL FUND BUDGET includes $73.9 million in funding for the third year of the five-year plan to increase teachers' salaries to the Southeastern average. This amount translates to a 6 percent teacher raise. Assistant teachers will receive a 5.7 percent pay hike.

The Legislature also appropriated $127 million in Budget Contingency Funds to fully fund the Mississippi Adequate Education Program, which is the chief funding mechanism for the state's public school districts. State support for the eight higher education campuses and the two-year college system was maintained at FY 2003 levels despite the revenue hardships. The budget includes full funding for several student financial aid programs that provide assistance for more than 32,000 students.

Lawmakers also appropriated $2 million in contingency funds for the Mississippi School of Arts in Brookhaven, further preparing the residential school to open in the fall of 2003 for artistically gifted 11th and12th grade students.

Health-care spending remained a major focus of legislative budget leaders, including a directive that the Division of Medicaid maintain the current level of services until the 2004 Legislature convenes, when any program deficits will be addressed. Medicaid provides health-care insurance and services to almost one-fourth of the state's citizens.

MEMBERS VOTED TO APPROPRIATE the scheduled $107 million payment from the state's tobacco lawsuit settlement for numerous health-care programs, with more than half ($57.7 million) going to the Medicaid program that includes $7 million for the Children's Insurance Program (CHIP). Other health-related agencies benefiting from the tobacco payment in FY '04 will be the Department of Health ($14.1 million), the Department of Mental Health ($26.4 million), Department of Rehabilitation Services ($7.2 million), Mississippi Eye Screening Program ($250,000), Veterans Nursing Homes ($700,000) and Nursing Workforce Training Program ($100,000).

The State Employees Insurance Program was directed not to increase premiums or deductible costs for active and retired participants, due to an additional $9.4 million appropriation for the program.

OTHER BUDGET AND REVENUE-GENERATING moves agreed to by the Legislature include:

AS THE SESSION ENDED, STATE TAX collections for the month of March showed marked improvement over recent months, with $410,184 in revenues above the estimate. This was the third month of FY 2003 that estimates have exceeded the latest projections.

Through March, with April, May and June collections remaining to come for the year, revenues to the General Fund from all sources were $72.5 million below the year-to-date estimate. Sales tax collections were still below estimates by $6.7 million and individual income taxes were far off at $72.3 million below. Corporate income was $31.7 million above projections. Gaming collections were $4 million off the mark.

THE 2003 SESSION MARKED THE RETIREMENT from state service of two longstanding leaders in the House of Representatives -- Speaker Tim Ford, who had served in the post for 16 years and is a nationally respected leader among state legislative bodies; and Speaker Pro Tempore Robert G. Clark, who forged a brilliant House career after becoming the state's first black lawmaker since Reconstruction when he joined the Legislature in 1968.

It also brought to an end the legislative careers of 15 House members who decided to retire or to seek another elective office -- Ford, Clark, Les Barnett, Billy Bowles, Tom Cameron, Tommy Horne, Andrew Ketchings, David Livingston, Percy Maples, Keith Montgomery, Clem Nettles, Rob Roberson, Valeria Robertson, Eloise Scott and Charlie Smith.

Another member of the House of Representatives singled out this year was veteran Rep. Alyce G. Clarke, the prime supporter of the creation of drug courts on a statewide basis. This year brought fruit to her efforts with the passage of the Alyce Griffin Clarke Drug Court Act. The Legislature recognized the critical need for judicial intervention to reduce the incidence of alcohol and drug use, alcohol and drug addiction, and crimes committed as a result of alcohol and drug use and alcohol and drug addiction. It is the intent of the Legislature to facilitate local drug court alternative orders adaptable to chancery, circuit, county, youth, municipal and justice courts. Its goals are to reduce alcoholism and other drug dependencies among adult and juvenile offenders. Any county may move toward creation of a drug court by seeking grants and donations as funding mechanisms.

HOUSE MEMBERS SEVERAL TIMES during the session expressed their support for the American troops fighting in the Persian Gulf arena. A resolution also praised U.S. Army Gen. Buford Blount III of Prentiss in Jefferson Davis County, the commanding general of the Third Infantry Division battling the Iraqis. The House honored numerous other outstanding Mississippi citizens and natives, including retiring University of Mississippi Medical Center Vice Chancellor Dr. Wallace Conerly; slain civil rights leader Medgar Evers and his surviving widow Myrlie Evers-Williams; James Meredith on the 40th anniversary of his integration of the University of Mississippi; country music artist Steve Azar of Greenville; the reigning Miss Mississippi, Jennifer Adcock; and retiring Alcorn State University basketball coaching legend, Davey Whitney. Resolutions also honored two retiring statewide officials, Attorney General Mike Moore and Treasurer Marshall Bennett.

HERE ARE SOME OTHER LEGISLATIVE HIGHLIGHTS OF THE 2003 SESSION:

HB 859 requires the Department of Education to conduct a cost-benefit analysis of establishing pre-kindergarten programs and mandating kindergarten. In addition, the Department is directed to study optional graduation diplomas and to report annually on the graduation and dropout rates based on grades 7-12 and grades 9-12 cohort groups, statewide and by district.

SB 2636 establishes an Oversight Committee to conduct an assessment of all pre-kindergarten structured school or school readiness programs, including pilot programs, operated by a public, private or parochial school or a Head Start Program in the state. The Oversight Committee will submit a report of the findings of the assessment and any recommendations based on these findings to the Legislature no later than January 15, 2004.

SB 2339 authorizes local school districts to establish health/physical education advisory councils to make local recommendations regarding health and physical education standards. In addition, the local advisory council may assist the district in ensuring that local community values are reflected in the district’s health and physical education instruction.

SB 2394 provides that the Compulsory School Attendance Law will apply to five year olds who have enrolled in full day public school kindergarten programs. A parent shall be allowed to de-enroll a child from the program once without the child being deemed a compulsory school student until the child reaches the age of six.

SB 2587 requires school bus drivers to open the service door and driver’s window and listen for approaching trains when stopping at railroad crossings. Failure to follow these procedures may result in a fine of not less that $100 nor more than $250.

SB 2236 creates the Mississippi State Employee Management Training Act to increase efficiency and economy in government by improving the management functions of agencies. The program shall include the Basic Supervisory Training Course, the Certified Public Manager Program and Executive Seminars. All participants will be eligible for educational benchmarks upon completion of the programs. The act could also help the state find new managers at a time when many state agency administrators are nearing retirement age.

SB 2400 authorizes the governor to assess vulnerabilities and capabilities in the state as it pertains to the nation and state’s security and homeland defense. It also clarifies that the prices ordinarily charged for comparable goods or services in the same market area do not include temporarily discounted goods or services. The same market area does not necessarily mean a single provider of goods or services.

HB 454 creates a civil penalty on public bodies for willfully violating the Open Meetings Law. There is a penalty of $100 plus all reasonable legal expenses of the party bringing a lawsuit to enforce the law. Also, HB 583 brings teleconference and video meetings under the Open Meetings Law. There must be a 30-day notice of such a meeting, except for emergency meetings.

HB 637 adds chemical, biological and other weapons of mass destruction to laws governing bomb threats and unlawful use of explosives.

HB 971 mandates that all drug-related deaths must be reported to the state Bureau of Narcotics.

SB 2348 requires the Department of Corrections to extract a DNA sample from all convicted felons.

HB 1077 provides criminal background checks for certain health-care workers.

SB 2446 creates the criminal offense of fleeing or eluding a law enforcement officer and creates a commission to study a policy on police pursuit chases.

HB 800 allows for the creation of teen courts, a crime preventive program for youths 13-17 years old. The teen court is authorized to require eligible offenders who choose to go to teen court in lieu of youth court to perform up to 112 hours of community service, make a personal apology to a victim, submit a research paper on any relevant subject, attend counseling and make restitution or any other disposition authorized by the youth court.

HB 1113 provides a market for residential property insurance in all areas of the state.

HB 1312 exempts a sponsor or advertiser of an event from being held liable for negligence if he does not exercise any control or supervision over any aspect of the event.

SB 2628 provides a temporary market for medical malpractice insurance for physicians and other personnel and for hospitals, institutions for the aged or infirm or other health-care facilities licensed by the state. This is in response to the lack of access to the insurance in some areas. It is not intended that the insurance plan authorized by this act shall become a permanent facility.

HB 860 permits local governments to donate to non-profit primary health-care clinics designed to offer help to citizens who are temporarily unemployed or have no access to health insurance.

HB 46 waives out-of-state college tuition for non-resident military veterans born in Mississippi.

HB 651 updates the state's Administrative Procedures Act to allow more accessibility to rules of state agencies. It provides legislative oversight of powers and duties delegated to agencies; increases public accountability of agencies; increases public access to governmental information; and allows more public participation in the formulation of administrative rules.

SB 2979 gives tax credits to companies providing the infrastructure necessary for bringing high-speed Internet access to all areas of the state.

SB 2445 requires telephone solicitors to purchase the “no-calls” database from the commission or the entity under contract with the commission before making telephone solicitation calls. Some types of charitable calls are exempt as well as some made between persons with a bonafide business relationship.

SB 2001 restores the state's lead-paint program by meeting federal mandates on environmental self-audits.

SB 2682 prohibits the importing of any wildlife that may be susceptible to chronic wasting disease, which has the capability of killing huge numbers of white-tailed deer.

The 2004 regular session begins Jan. 6.

--Return to PEER Home Page--.