Legislative Summaries
of important legislation enacted during the
1996 Legislative Session of the State of Mississippi

A. B. C. D. E. F. G. H. I. J. L. M. N. O. P. R. S. T. U. V. W. X

ABORTION
Abortion facility is defined as a place that performs at least 10 abortions per month, which applies for licensure as an abortion facility, and which advertises itself as such. (47-75-1) chapter 442

Health Department is directed to enforce the abortion informed consent law, and is authorized to adopt rules and regulations to that end. (41-41-33, 41-75-13) chapter 442

Photographs in color of fetal development stages, as well as illustrations of effective birth control methods, are part of the information which must be provided to pregnant women under the abortion informed consent law. (41-41-33, 41-41-35) chapter 442

ADMINISTRATIVE LAW
Advisory committee on rules is recognized, and provision is made for staffing and funding of same. With the advent of a functioning advisory committee, legislative review of proposed rules is no longer required. (9-3-61, 9-3-65, 9-3-67, 9-3-69, 93-3-71, 93-3-73) chapter 384
AD VALOREM TAXES
Mobile home ad valorem taxes which are delinquent may now be collected in the manner provided for ad valorem taxes generally, in the discretion of the tax collector. (27-53-17) chapter 394

Urban renewal projects in designated areas may be exempted from ad valorem tax. chapter 522

AGRICULTURE
Agricultural aviation board is continued at least until the end of 1997. (69-21-101 et seq., 69-21-127) chapter 447

Egg marketing board is continued. chapter 475

Stop sale orders may be issued for certain varieties of seeds by the commissioner of agriculture. (69-3-19) chapter 314

APPEAL
Speedy trial rights under the constitution are carried through in criminal appeals pursuant to statutory amendment. chapter 492

Time limit for rendering decision is criminal appeal is 270 days from date of final brief filing. chapter 492

ARSON
Fire academy construction funds are set aside for an arson lab construction fund. chapter 341

Forestry Commission law enforcement officer may be appointed, who have the authority to bear arms, and make arrests concerning woods arson. (49-19-3) chapter 329

ATHLETIC COMMISSION
Reorganization enacted and repealer repealed. (75-75-101, 75-75-103, 75-75-105, 75-75-117) chapter 413
ATTORNEYS
Law students may practice on a limited basis as part of a newly-established legal internship and clinical legal education program. chapter 532
AVIATION
Motor vehicles owned by airport authorities may be unmarked if the governing authorities find that marking such vehicles will compromise security at the airport. (25-1-87) chapter 404
BAIL AND RECOGNIZANCE
Limitation on term of bail bonds is placed at three years in most proceedings, five years in the case of bonds returnable to the Supreme Court. (99-5-5) chapter 450

Nonappearance of a criminal defendant at a proceeding where he is ordered to be is grounds for immediate bail forfeiture and issuance of a bench warrant, except in mitigating circumstances, such as illness, or incarceration in another jurisdiction. Also, more detailed provision is made for entry and execution of judgment against sureties. (99-5-25) chapter 317

BANKRUPTCY AND INSOLVENCY
School district fiscal emergencies may be declared in extreme circumstances specified by law, during which the school district is not only eligible for state aid, but also may be abolished and placed in the hands of a conservator. (37-6-15, 37-9-15, 37-9-18, 37-17-6) chapter 302
BANKS AND FINANCIAL INSTITUTIONS
Copies of records in connection with estates and trusts may be made electronically by any technologically available means. (91-7-149, 91-7-277, 91-9-1) chapter 400

Foreign and out-of-state banks' authority to operate in Mississippi is clarified. (81-5-41, 81-5-43) chapter 400

Loans to directors and officers of banks must be on substantially the same terms and conditions extended to the public at large. (81-5-51) chapter 400

Parity regulations as between state savings banks and thrifts are now under the aegis of the Board of Banking Review, rather than the Commissioner of Banking and Consumer Finance, as formerly. (81-14-321) chapter 338

Riegle-Neal Interstate Banking and Branching Efficiency Act is implemented in Mississippi, effective in phased stages between now and January 1 of the next year. (27-7-17, 27-7-22.13, 27-7-23 et seq., 27-7-37, 81-7-23, 81-8-3, 81-23-1 et seq., 81-25-1 et seq.) chapter 441

BIDS AND BIDDING
Addenda to bids may not be submitted within 12 hours of the posted deadline. chapter 495

Emergency changes in construction or renovation projects may be approved with submission to the bid process. chapter 495

Fuel management or fuel access services contracts must be submitted for public bid. chapter 495

One bid may be accepted, even if it's the only one accepted, if there are funds to pay for the project as submitted. chapter 495

School building construction is now subject to public bid advertising. chapter 534

Waste disposal contracts over $50,000 must be submitted for public bid. chapter 495

BOATS
Alcoholic Boating Safety Act is applicable in all public waters within the state's jurisdiction. (59-23-3) chapter 406

Children under 12 may operate a motorboat only with a certificate of completion of a boating safety course, and then only with an adult present, and children between 12 and 16 years of age must have a certificate to operate a motorboat. chapter 545

BONDS FOR PUBLIC IMPROVEMENTS
Agriculture and industry program bond issues must be recorded as to location, amount, and purpose of issue. (57-3-9) chapter 403

Business Investment Act aggregate bond issuance authority for various purposes is substantially increased and extended. chapter 553

College and university improvement bond issues are authorized. chapter 504

Debt limitation reverter date of October 1, 1999 is eliminated. (21-33-303) chapter 401

Emerging crop fund bond issuance authority is increased somewhat. chapter 543

Energy-related improvements for local governmental units are to be financed by bonds and loans from the Mississippi Development Bank. (31-25-20, 31-25-28) chapter 470

Eudora Welty writers center renovation bond issue authorized. chapter 381

Health department bonds may be issued to finance construction, repair, and renovation of facilities. (29-18-1 et seq.) chapter 469

Juvenile detention facility construction bond issuance date is extended one year, until June 30, 1997. chapter 392

Small Enterprise Development Finance Act bond issuance authority is increased. chapter 553

Wildlife, fisheries and parks department office building completion bond issue is authorized. chapter 504

BUILDING CODES
Churches are exempt from the height restrictions on buildings along the Natchez Trace Parkway. (55-13-35) chapter 356
BURIAL ASSOCIATIONS
Buyer's guide developed by Insurance Commissioner must be attached to burial policies, contracts, and certificates issued in Mississippi. (83-37-5, 83-37-7) chapter 357

Moratorium is declared on establishment of new burial associations after July 1, 1996. (83-37-5, 83-37-7) chapter 357

CARRIERS
Harvest permit weight exemption regulations for vehicles hauling certain commodities; repealer extended to July 1, 1997. (27-19-81, 63-5-33) chapter 408
CHARITIES AND CHARITABLE ORGANIZATIONS
Volunteer service commission is established under the institutions of higher learning, the purpose of which is to implement the National and Community Service Act of 1990 by establishing a long-term comprehensive plan for community service focused in the areas of education, public safety, human needs, and the environment. (43-55-1 et seq.) chapter 438
CHILD ABUSE
"Out of home" settings as used in child abuse reports include day care centers, public and private schools, juvenile detention facilities, unlicensed residential facilities and group homes, and churches or social organizations. (43-21-105) chapter 323

Penalties for violation of child abuse reporting laws are set at $5,000 in fines and up to one year in prison. (43-21-353) chapter 323

Reports directly to DHS of child abuse in an out-of-home setting must be reported to the appropriate district attorney's office within three days, with preliminary final investigation reports to be completed and filed with the district attorney within 24 and 72 hours, respectively. (43-21-353) chapter 323

CHILDREN AND MINORS
Fingerprints and criminal records checks are required as conditions of employment of child care workers. chapter 479

Parental rights termination proceedings may be heard equally by chancery courts, family courts, or county courts. (93-15-105, 93-15-109) chapter 396

CHILD SUPPORT
Deductions may be made by child support services for amounts owing to state agencies for advances or services already provided to the child. chapter 498

Emancipation of a child for purposes of terminating child support obligations occurs on (1) age 21, or (2) marriage, or (3) dropping out of school to work prior to age 21, or (4) establishes living quarters separate from the custodial parent. (93-5-23, 95-11-65) chapter 345

Licenses or registrations for businesses and occupations, driving, liquor sales, and hunting may be suspended where the licensee fails to pay court-ordered chid support. Many conforming amendments are made in Chapter 73 and other statutes. chapter 507

CIVIL SERVICE CLASSIFICATION
Agriculture Department directors are now classified as nonstate service employees. (25-9-107) chapter 343
CLERKS OF COURT
Chancery and circuit court clerks are required to file annual revenue and expense reports with the secretary of state. chapter 535
COLLEGES AND UNIVERSITIES
Affordable college tuition program is established in Mississippi to provide tuition assistance for qualified Mississippi residents. (37-155-1 et seq.) chapter 427

Junior and community college enrollment now requires 19 high school units (37-29-1) chapter 327

CONSERVATION AND ECOLOGY
Wildflower seed revolving fund is established, to be administered by the soil and water commission. (69-27-4) chapter 443
CORPORATIONS
Indemnification or advance expenses to directors or officers of corporations may be provided only as permitted by the Business Corporation Act. (79-4-8.59, 79-4-2.02, 79-4-8.24, 79-4-8.51 et seq.) chapter 459
COUNTIES
Travel expenses reimbursement is authorized for supervisors who use their own cars in performing their duties. (19-3-67) chapter 456
COURT ADMINISTRATORS
Qualifications for court administrators are to be established by regulation of the Administrative Office of the Courts. (9-1-36) chapter 414
COURT OF APPEALS
General Services Office of Finance and Administration Department has jurisdiction to enforce the laws of Mississippi on the property of the Court of Appeals Building. (29-5-77) chapter 385

Judges of the Court of Appeals are now conservators of the peace. (99-15-1) chapter 385

COURT REPORTERS
Compensation for court reporters is clarified. (9-1-36) chapter 414

Employee status is granted court reporters for benefit and administrative purposes within the Administrative Office of the Courts. (9-13-19) chapter 414

Licensing exemption is made for court reporting students who are enrolled in court reporting school. chapter 484

CREDIT
Automobile purchase finance charge maximums are now applicable to banks and similar financial institutions which are exempt from licensing as sales finance agencies. (63-10-43) chapter 433
CRIMES AND CRIMINAL PROCEDURE
Burglary committed during daylight hours is no less severe an offense than burglaries committed at night, whether or not people are present when the breaking and entering occurs. chapter 519

Conversion and taking away of a motor vehicle without permission, except pursuant to enforcement of a security interest, is a crime punishable by imprisonment up to five years and/or a fine of up to $1,000. chapter 544

Crime stopper advisory council has been established in the department of public safety. chapter 529

Domestic abuse is now a situation in which warrantless arrest is authorized. chapter 483

Expungement of criminal records is allowed where arrestee is released and the case is dismissed, or the charges are dropped, or there is no disposition in the case. (21-23-7, 43-21-159, 99-15-26, 99-15-57, 99-19-71) chapter 454

Leaving the scene of an accident which involves death or serious injury is a felony, punishable by imprisonment for 1 to 5 years, and/or a fine of up to $10,000. (63-3-401) chapter 461

DEATH CERTIFICATES
Female's death certificate must indicate whether she was pregnant at the time of death if she was between 10 and 50 when she died. chapter 485

Medical examiner may not change the cause of death after he/she has left office. chapter 485

DISTRICT ATTORNEYS
Legal assistants for district attorneys are increased in number. chapter 512

Office operating allowance for district attorneys is increased to $26,000 per district. chapter 493

DIVORCE AND ALIMONY
Homestead exemption remains in effect after divorce on property occupied by a family group, even if the property is jointly owned. (27-33-19) chapter 431
DOMESTIC VIOLENCE
Warrantless arrest is authorized in domestic abuse cases. chapter 483
DRIVERS' LICENSES
Social security numbers need not be used as drivers' license numbers, if the licensee so elects, although alternative drivers' license numbers issued by the department of public safety will still be cross-referenced to social security numbers in the master file. (63-1-35) chapter 466
ECONOMIC DEVELOPMENT
Chickasaw Trail Economic Development Compact is established between Mississippi and Tennessee to promote the development of a rural area in Marshall County, Mississippi. (57-36-1 et seq.) chapter 467
ELDER ABUSE
Abuse or exploitation of vulnerable adults by home health agencies must be reported to the Human Services Department and to the Medicaid fraud control unit of the attorney general's office. (43-47-7, 43-47-37) chapter 351
ELECTIONS
Presidential preference primary filing and withdrawal dates are set for United States Senator and Congress person. (23-15-299, 23-15-1095, 23-15-297) chapter 301
EMERGENCIES
School district fiscal emergencies may be declared in extreme circumstances specified by law, during which the school district is not only eligible for state aid, but also may be abolished and placed in the hands of a conservator. (37-6-15, 37-9-15, 37-9-18, 37-17-6)
EMINENT DOMAIN
Ejectment action may be maintained under the relocation assistance program where continued occupancy by condemnee threatens delay of projects. (43-39-29) chapter 445
EMPLOYER AND EMPLOYEE
Goods may not be given away by merchants' employees without merchants' permission. chapter 330
ENVIRONMENTAL PROTECTION
Environmental Quality Department may not make decisions regarding permits for hazardous waste management facilities, solid waste landfills, for incinerators. (49-17-29) chapter 335

Solid waste management facility permits require a public hearing prior to permit issuance. (49-17-29) chapter 335

Uncontrolled site evaluation trust fund is established for the purpose of testing nonhazardous solid waste disposal sites. chapter 488

ESTATE TAXES
Refund procedure for estate taxes is revised to include interest on overpayments in certain cases. (27-9-49) chapter 457
EYES AND VISION
Student vision screening services are made available in to public schools through the department of education. (37-3-87) chapter 440
FISH AND GAME
Bag limits may be adjusted appropriately on a local level as needed for wildlife management. chapter 486

Credit card affinity agreements may be made by Department of Wildlife to develop funding for wildlife management areas. (49-4-13) chapter 389

Migratory waterfowl stamp violations are waived if hunters can prove that stamp was purchased prior to date of violation. (49-7-163) chapter 371

Purse seines may no longer be used to catch mullet during the roe mullet season. (49-15-94) chapter 355

FOOD INSPECTION
Ostriches, emus, and like birds, as well as other exotic animals, are subject to inspection and regulation under the meat, meat-food, and poultry regulation inspection law. chapter 543
FORFEITURES
Administrative seizure limit for drug-related property other than controlled substance, raw material, or paraphernalia is increased to $10,000. chapter 511

Judicial review of drug-related forfeitures is requested by filing in county court, rather than with the attorney for the seizing agency, as formerly. chapter 511

Notice of drug-related forfeitures may be given not only by the attorney for the seizing agency, but by any representative, and must be given immediately, rather than promptly, as formerly. chapter 511

GARBAGE AND RUBBISH
Collection and disposal fees charged by counties may not exceed the counties' actual costs in that endeavor. chapter 536
GUARDIANS AND CONSERVATORS
Inter vivos gifts of a ward's property may be made by guardians and conservators. (93-13-38) chapter 462
GUILTY PLEA
Withholding acceptance pending completion of conditions. chapter 391
HEAD INJURY PROGRAMS
Spinal cord/traumatic head injury treatment program is established in the state department of rehabilitation services, funded by assessments on traffic violations implied consent law violations. chapter 505
HIGHWAYS, ROADS, AND BRIDGES
Bobby Bubba Wells memorial highway is designated on Interstate 55 near the Tennessee state line. chapter 331

Construction, maintenance, and improvement of local highways are now subject to standards applicable to the state highway system. (65-4-11, 65-4-17) chapter 439

David Bruce Ladner Memorial Highway is designated in Lyman, Mississippi. chapter 361

Hershell L. Grady Memorial Highway is designated in Pike County. (65-3-117) chapter 471

Municipalities are authorized to maintain roads, driveways, parking lots, and grounds of public schools located within corporate boundaries. chapter 310

Norton Haas Memorial Highway is designated on Highway 43/603 in Hancock County. chapter 344

Rayford Patrick Memorial Highway is designated on Highway 305 in Tate County. chapter 347

Speed limit is increased to 65 mph, where posted. (63-3-501) chapter 303

HOMESTEAD
Divorce does not affect the full homestead exemption of property occupied by a family group, even if the property is jointly owned. (27-33-19) chapter 431
HOSPICES
Licensure of hospices now extends to propriety or for-profit entities. (41-85-3) chapter 369
HOSPITALS
General Services Office of Finance and Administration Department has upkeep responsibility for the Howard Memorial Hospital in Biloxi. (29-5-2) chapter 398
IDENTIFICATION CARDS
Fees are not required for identification cards which are issued in lieu of drivers' licenses which are suspended for medical reasons, and applications for such cards need not longer be executed before a notary. (45-3-3, 45-3-7) chapter 322
INITIATIVE
Circuit clerk may not receive a fee or commission from a private party for certifying an initiative petition. (23-17-21) chapter 444

Constitutional amendment initiative may be circulated only by a qualified elector. (23-17-17) chapter 444

Fraud is prohibited in obtaining signatures on a petition, and is ground for removal of signatures therefrom. (23-17-57, 23-17-60) chapter 444

INSURANCE
Adjusters' licenses expire on May 31 following the date of issue. (83-17-419) chapter 305

Asset reports must be filed annually by every domestic insurance company with the Commissioner of Insurance. chapter 354

Group insurance policies are now subject to the laws governing accident, health, and Medicare supplement insurance. (83-9-17) chapter 320

Medicare supplement policies are redefined, and the insurance commissioner's regulatory authority to notify the public regarding the nature of certain policies as not being Medicare supplement coverage is amended to exclude major medical coverage and certain subscriber contracts. (83-9-101, 83-9-102, 83-9-109) chapter 321

Nonresident agent and broker requirements are revised. (83-21-15) chapter 319

Risk-based capitol determination methods and reporting are established for insurance companies. chapter 478

JUDGES
Court of Appeals judges are now conservators of the peace. (99-15-1) chapter 385

Judiciary advisory study committee membership has been revised. (9-21-21) chapter 315

JURY
Fees for jury service may be designated for charitable or governmental organizations. (25-7-61) chapter 312
JUVENILE OFFENDERS
Out-of-state placement review must consider whether such placement is appropriate and in the best interest of the child. (43-21-613) chapter 409

Teen courts may be established within youth courts for certain juvenile offenders, and participation in a teen court program may be credited as instructional time. chapter 513, 514

LETTERS OF CREDIT
Uniform Commercial Code provisions as to letters of credit are revised in a new Article 5, and conforming provisions are made throughout the balance of the Code. (75-1-105, 75-2-512, 75-5-101 et seq., 75-9-103 et seq., 75-9-304, 75-9-305) chapter 460
LIMITED LIABILITY COMPANIES
Members or managers of limited liability companies may undertake personal liability for the obligations of such company. (79-29-305) chapter 336
MALICIOUS PROSECUTION
Prisoners' malicious lawsuits may result in forfeiture of accrued earned time. (47-5-138) chapter 350, 418
MEDICAID
Abuse or exploitation of vulnerable adults by home health agencies must be reported to the Human Services Department and to the Medicaid fraud control unit of the attorney general's office. (43-47-7, 43-47-37) chapter 351

Nursing home reimbursement methodologies are revised. chapter 518

MEDICAL EXAMINERS
Cause of death may not be changed after death by medical examiner who has left office. chapter 485

Medical examiners training and certification task force is established. chapter 487

MENTALLY ILL OR RETARDED PERSONS
Children's services reimbursement for seriously emotionally disturbed persons is curtailed under the pilot system of care program. chapter 518
MENTALLY ILL PERSONS
Children's advisory council pilot program is continued, and its operation revised somewhat. chapter 476

Children's services may be required for certification when required by the department of mental health. (41-19-33) chapter 463

Holding centers may be established and operated in each regional mental heath/retardation commission district to provide emergency treatment, and house persons who are either awaiting commitment proceedings, or awaiting placement in a mental health facility. (41-21-63, 43-21-315) chapter 430

Youth Court may commit a child to the mental health department when deemed appropriate. (41-21-63, 43-21-315) chapter 430

MILITARY BASE CLOSURE
Major Economic Impact Act funding is not available to projects which have been funded in an effort to stave off or mitigate the effects of military base closures. chapter 508, 554
MILK
Goat's milk incidental sales are permitted in raw state. (75-31-7) chapter 340
MISSISSIPPI CODE OF 1972
Joint legislative committee is established on compilation, revision, and publication of the Mississippi Code, whose duties include selecting a publishing company, and conforming amendments. chapter 502
MOBILE HOMES
Mobile home ad valorem taxes which are delinquent may now be collected in the manner provided for ad valorem taxes generally, in the discretion of the tax collector. (27-53-17) chapter 394
MOTOR FUEL TAXES
Armed forces gasoline sales tax exemptions may be deducted without prior approval. (27-55-19) chapter 306

Credits are provided where dyed diesel fuel is accidentally mixed with clear diesel fuel. (27-55-313)

Dual users permit requirement is eliminated. (27-57-329) chapter 306

Postmark date must be the due date for returns and reports of motor fuel tax, but when the due date falls on a weekend or holiday, the return or report must be postmarked the first working day thereafter. (27-55-13, 27-55-319, 27-57-13, 27-57-317, 27-59-13, 27-59-311) chapter 306

MOTOR VEHICLE AD VALOREM TAXES
Taxes on heavyweight vehicles are prorated to the seller if the vehicle is transferred during the year. chapter 480
MOTOR VEHICLES
Certificate of title application information may be transmitted electronically by banks and certain other financial institutions. chapter 539

Dealer tag regulations are revised in several respects, including provisions for penalties against dealers who used unauthorized tags, including revocation of dealer permits. (27-19-303, 27-19-309, 27-19-319, 27-19-311, 27-19-327) chapter 405

Implied consent law amendments include prohibition against plea bargaining, and treatment of juvenile offenders as adults. chapter 527

Individual fleets, defined as 5 or more vehicles owned by the same person, are further regulated to the extent that fleet registrations may all expire at the same time. (27-19-66, 27-19-31, 27-19-43, 27-19-63) chapter 410

Leaving the scene of an accident which involves death or serious injury is a felony, punishable by imprisonment for 1 to 5 years, and/or a fine of up to $10,000. (63-3-401) chapter 461

Semi-trailers and trailers are included in the definition of corporate fleet. chapter 480

Unmarked vehicles may be used by various enforcement agencies, including the attorney general, the department of transportation, and airport authorities. chapter 501

MUNICIPAL CLERKS
Continuing education credits for municipal clerks may be carried over from year to year. (21-23-12) chapter 309
NATIONAL GUARD
Assistant adjutant general shall have the rank of brigadier general or such other rank as is authorized by the National Guard Bureau of the United States. (33-3-9) chapter 359
NOTARIES PUBLIC
Absentee ballot notarization is subject to $2 limit on notary fees. (25-7-29) chapter 432
NURSES
Nursing work force redevelopment program is established in the Board of Nursing. chapter 364
NURSING HOMES
Administrators of nursing homes are required to have a least a year of managerial experience before applying. (73-17-11) chapter 458

Certificate of need authority is granted or extended for facilities in Lowndes, Harrison, Jackson, Hinds, and Rankin Counties. chapter 551

OIL AND GAS
Tax Commission and Oil and Gas Board may share information relative to well production. chapter 382
OIL TAXES
Heating oil exemption is clarified. (27-57-327) chapter 306
OLD PERSON
Policy services for elderly citizens are now coordinated by the newly-established Mississippi Leadership Council, based on the TRIAD model (45-53-1 et seq.) chapter 435
PARENTAL RIGHTS TERMINATION
Concurrent jurisdiction of parental rights terminations is placed in chancery courts, family courts, or county courts. (93-15-105, 93-15-109) chapter 396
PATERNITY
Default judgment shall be entered against defendants in a paternity suit who do not answer pleadings. (93-9-9) chapter 339
PAT HARRISON WATERWAY DISTRICT
Bond is required of directors of the commission, or in lieu thereof errors and omissions insurance must be secured. (51-15-105) chapter 465

Debt limits are placed on the district, and the tax levy imposed by counties to support the district is revised. (51-15-129, 51-15-135, 51-15-137) chapter 465

POLICE
Conservation officers need no longer complete affidavits for routine citations. (49-1-43) chapter 407

Elderly citizens' policy services are now coordinated by the newly-established Mississippi Leadership Council, based on the TRIAD model. (45-53-1 et seq.) chapter 435

Forestry Commission law enforcement officer may be appointed, who have the authority to bear arms, and make arrests concerning woods arson. (49-19-3) chapter 329

Highway Safety Patrol officers' law enforcement and arrest powers are extended through June 30, 1999. (45-3-21) chapter 318

Transportation commission may hire security officers as either employees or independent contractors to guard its buildings, property, and facilities. (65-1-131, 65-1-136, 65-1-137, 65-31-1) chapter 425

Unmarked vehicles may be used by various enforcement agencies, including the attorney general, the department of transportation, and airport authorities. chapter 501

POLLUTION
Environmental Quality Department may not make decisions regarding permits for hazardous waste management facilities, solid waste landfills, for incinerators. (49-17-29) chapter 335

Soil and Water Commission must enter an agreement with the Commission on Environmental Quality to clarify the Soil and Water Commission's role in nonpoint source pollution issues. (69-27-13) chapter 390

Solid waste management facility permits require a public hearing prior to permit issuance. (49-17-29) chapter 335

Water pollution control emergency loan fund is established. (31-25-21, 31-25-101, 31-25-103, 49-17-86, 49-17-87) chapter 455

PRISONS AND PRISONERS
Agricultural purposes leases of penitentiary lands may continue for yet another year, until July 1, 1997. (47-5-66) chapter 388

Cash possession prohibition does not extend to community work centers or restitution centers. (47-5-194) chapters 372, 421

Community service revolving fund is to be used to buy equipment, supplies and vehicles for the community service division. (47-5-158, 47-7-49) chapter 379, 474; (47-7-49) chapter 379

Costs in civil actions filed by prisoners are to be paid by the inmate plaintiff out of funds in his/her prison account. (47-5-76) chapter 395

Inmate call commissions are allocated half to the prison agriculture enterprise fund. (47-5-158) chapter 474

Inmate welfare fund is allocated in specified amounts to prerelease centers, and revenues from inmate call commissions is channeled into the inmate welfare fund in specified percentages. (47-5-158) chapter 474

Leaves may be granted by persons designated by the Corrections Commissioner. (47-5-173) chapter 373

Malicious lawsuits by inmates result in forfeiture of accrued earned time. (47-5-138) chapter 350, 418

Private employers may hire state prisoners to work under the supervision of the corrections department. chapter 547

Telephone call commissions funds use is clarified. (47-5-158) chapter 379

Writing to read lab matching grant program is funded in part by the education department through funds transferred from the inmate telephone call commission. (47-5-158) chapter 474

PRIVATE SCHOOLS
Fund-raising and expenditures on behalf of charitable private schools is an authorized activity for public school boards and districts. (37-7-301) chapter 437
PROPANE
Propane education and research program is established in the insurance department and funded by special assessments, proceeds of which are applied to research and development of the propane industry. (75-57-102) chapter 429
PSYCHOTHERAPY
Licensing/certification of case managers and mental health/retardation therapists is authorized by state board of mental health. (41-4-7) chapter 446
PUBLIC BUILDINGS
Facilities management advisory committee is established to guide the bureau of buildings, grounds, and real property management. chapter 533
PUBLIC FINANCES AND FUNDS
Accident Contingent Tort Claims Funds no longer will receive contributions from the Accident Contingent Fund or the Tort Claims Fund. (11-46-21) chapter 428

Archives trust fund is established in the Department of Archives and History for the purpose of cataloging, conversing, and making available archival resources. chapter 380

Business Investment Act minimum funds availability to small communities excludes amounts dedicated to revolving loan funds for infrastructure, housing, equipment, and public facilities. chapter 553

Capital improvements, for purpose of local government revolving loan program, now include road construction, building purchase, railroad spurs, health care facilities, and convention center purchase or construction. chapter 517

Community service revolving fund repealer is extended until July 1, 1997. (47-7-49) chapter 376

Counties' annual audit reports are now submitted on forms approved by the state auditor. (7-7-221) chapter 366

Emerging Crops Fund withdrawal authorization is increased for the business finance corporation's providing minority economic development assistance. chapter 553

Inmate call commissions are allocated half to the prison agriculture enterprise fund. (47-5-158) chapter 474

Inmate welfare fund is allocated in specified amounts to prerelease centers, and revenues from inmate call commissions is channeled into the inmate welfare fund in specified percentages. (47-5-158) chapter 474

Rubbish cleaning funds which counties may spend are increased from $1,000 to $10,000 annually. (19-5-105) chapter 332

Salary increases other than those authorized by the legislature must be reported annually to specified legislative committees by the State Personnel Board. chapter 328

Strategic petroleum reserve fund is now called the major energy project development fund, and the amount of its bond authorization is substantially reduced. chapter 482

Timber sales proceeds from state forests is deposited in a revolving fund to administer Lambert State Forest. (47-5-56) chapter 337

Water pollution control emergency loan fund is established. (31-25-21, 31-25-101, 31-25-103, 49-17-86, 49-17-87) chapter 455

PUBLIC LANDS
Corrections Department land may be purchased at a designated address in Jackson. chapter 349, 374

East Mississippi State Hospital lease and exchange of lands with Meridian Junior College District terminates. chapter 365

Exchange of lands between State of Mississippi and Robert Hughes authorized. chapter 411

Federal government offices may be subleased from cities and counties, with an option to purchase upon expiration of the sublease or sooner under the certain conditions. (31-8-7) chapter 473

Finance and administration department may convey land in Greenville, Washington County. chapter 416

Military Department of the state may convey lands in Franklin County to the local school district. chapter 353

PUBLIC OFFICERS AND EMPLOYEES
Clothing allowance for conservation officers is increased. (49-1-13) chapter 370

Licenses for public health care employees who take educational leave will be denied unless such employees agree in writing to reimburse the state for such leave. (37-101-291) chapter 333

Medical savings accounts may be offered as a health plan option for public officers and employees. chapter 491

PUBLIC PROPERTY
Veterans memorial stadium commission may no longer lease parking space, and may not expand parking spaces or other facilities onto adjacent state-owned land without an express grant of authority from the legislature to do so. chapter 552
PUBLIC RECORDS ACT
Software of a proprietary nature may be included in the Public Records Act protection for confidential information. (25-61-3, 25-61-9) chapter 453
PUBLIC WORKS AND CONTRACTS
Progress payments are authorized for public construction and renovation projects. chapter 495
RECORDS
Local government records committee is created, whose duties are, inter alia, to establish records control schedules, and arrange for records storage. chapter 537
RELOCATION ASSISTANCE PROGRAM
Publicly-funded property acquisition programs of all kinds are now covered under the relocation assistance program, and certain payments to displaced persons are reduced. (43-39-3, 43-39-7, 43-39-9, 43-39-11, 43-39-13, 43-39-16, 43-39-25) chapter 445
REORGANIZATION
Mississippi and Louisiana Estuarine Project is conformed to reorganization nomenclature. (57-61-32) chapter 368

Permit Board is conformed to reorganization nomenclature. (49-17-28) chapter 367

RETIREMENT, PENSIONS, AND DISABILITY SYSTEMS
Average monthly base salary and longevity pay determination method is provided for fire fighters' and police officers' disability and relief funds. (21-29-317) chapter 472

Deceased public employees who remarried prior to death are presumed to have designated their new spouses as beneficiaries of any retirement or death benefits to which they were entitled at the time of death. (25-11-214) chapter 472

Deductions may be local governmental units from employees pay prior to retirement may continue to be deducted after retirement where benefits are sufficient to cover the deductions. (21-29-315) chapter 472

Disability retirement may not be predicated on psychological disorders. (25-11-214) chapter 472

Disability retirement termination for public employees is clarified, and the board of trustees now has the authority to establish reexamination schedules for such disability retirees, as appropriate. (25-11-113) chapter 472

Retroactive service credits for public employees may be received in the manner provided by law beginning in fiscal year 1998, and may be purchased at the actuarial cost for each year of retroactive service. (25-11-103, 25-11-105) chapter 472

RULES AND REGULATIONS
Advisory committee on rules is recognized, and provision is made for staffing and funding of same. With the advent of a functioning advisory committee, legislative review of proposed rules is no longer required. (9-3-61, 9-3-65, 9-3-67, 9-3-69, 93-3-71, 93-3-73) chapter 384
SALES TAX
Amusement business sales tax is based on the actual charge of admission. chapter 524

Direct tax payment permits may now be issued to companies which receive bond financing through the Mississippi Business Finance Corporation or the Department of Economic and Community Development. (27-65-93) chapter 383

Musical performances sponsored by or for the benefit of charity, in which performers are paid from admission fees, are exempt from sales tax. chapter 524

Newspaper, for purposes of the sales tax law, includes periodicals published and distributed at least weekly for information purposes, and not primarily not for advertising purposes. chapter 527

SAVINGS AND LOAN ASSOCIATIONS
Audit procedures for associations have been changed. (81-12-177, 81-14-171) chapter 400

Bonding procedure for association officers has been revised. (81-12-85) chapter 400

Bond purchase record-keeping is changed as to associations. (81-12-103) chapter 400

Borrowing limit of savings banks is increased. (81-14-387) chapter 400

Branch office law is revised as to associations. (81-12-51, 81-14-125) chapter 400

Dividend declaration method is revised for saving associations. chapter 400

Enforcement powers of banking commissioner are clarified regarding associations. (81-14-201, 81-14-207) chapter 400

Financial reporting requirements are changed for savings and loan associations. (81-12-79, 81-14-169) chapter 400

Loan amount ceiling to an individual borrower are increased. (81-14-319) chapter 400

Loan delinquency late payment charge maximums are increased. (81-12-167) chapter 400

Loan procedures for association officers has changed. (81-12-87) chapter 400; (81-12-87, 81-14-313) chapter 400

Qualifications for association directors and officers have changed. (81-12-83, 81-14-253) chapter 400

Qualifications for association directors have changed. (81-12-83) chapter 400

SCHOLARSHIPS
Eligibility standards and application deadlines are established for the resident tuition assistance grant program, and for the Mississippi Eminent Scholars Program. chapter 549
SCHOOLS AND EDUCATION
Assistant reading instructors' system is revised throughout the state, including changing the name "assistant reading instructor" to "assistant teacher," and authorizing the hiring of additional teachers. (37-21-7) chapter 452

Board members may elect an annual salary in lieu of per diem payments for attending mandatory training sessions. chapter 550

Dyslexia testing pilot programs are authorized in public schools. chapter 541

Escrow funds may now be established for students participating in work site learning programs. (37-31-7) chapter 386

Fiscal emergencies may be declared by certain school boards in extreme circumstances specified by law, during which the school district is not only eligible for state aid, but also may be abolished and placed in the hands of a conservator. (37-6-15, 37-9-15, 37-9-18, 37-17-6) chapter 437

Fund-raising is now an authorized activity for school boards and districts, including fund-raising on behalf of private schools. chapter 437

Grants of property may be made by the state department of education to local school districts. chapter 534

Home economics courses and funding are continued for another fiscal year. (37-13-151, 37-13-153, 37-13-155) chapter 448

Illegal activity reporting duties of school employees and superintendents are clarified. (37-11-29) chapter 311

Municipalities and counties are authorized to donate money, buildings or property to schools districts located within their territorial limits. chapter 520

Nurse-practitioners may now sign illness excuse notes for absent students. (37-7-301) chapter 437

School board members may receive per diem compensation while attending mandatory training sessions. (37-6-13) chapter 387

Textbook funding and exchange controls have been loosened. chapter 534

Vocational education centers must hire fiscal agents to perform the duties provided by law. chapter 534

Weapons violation expulsions of students are to last for an entire year. chapter 534

Weather radio is to be installed in every school in Mississippi by July 1, 1998. chapter 324

Writing to read lab matching grant program is funded in part by the education department through funds transferred from the inmate telephone call commissions. (47-5-158) chapter 474

SEAFOOD
Limited entry program may be established by the commission on marine resources. chapter 499

Taking of shrimp, crab, and oysters by commercial and recreational fishermen in bays and bayous is further regulated. chapter 499

Tonging reefs are defined for the purpose of commercial oyster harvesting. (49-15-3) chapter 436

SENTENCE AND PUNISHMENT
Alternative sentencing program placement proceedings must be commenced not less than 30 days nor more than one year after the prisoner has been delivered to the Corrections Department. (47-5-1003, 47-7-47) chapter 397
SEWERS AND DRAINS
Certified operator requirement for waste water treatment facilities may be waived on an interim basis as authorized by the appropriate regulatory body. (21-27-211) chapter 393
SEX OFFENSES AND OFFENDERS
Child care workers must not undergo fingerprinting and criminal records checks as conditions of employment of child care workers. chapter 479

Penalties for stalking are increased to maximum of three years in jail and a $2,000 fine. (97-3-107) chapter 326

Victims of sex crimes must be notified of the prison release dates of their attackers. (45-33-7) chapter 325

SMALL BUSINESS LOANS AND ADMINISTRATION
Initial grant restriction requiring that 60 percent of funds be used to expand existing businesses has been removed. chapter 528

Interest on small business loan repayments may be retained up to 25 percent by planning and development district to cover administrative costs. chapter 528

Interest on small business loans may be set more than 4 percent above the federal discount rate. chapter 528

SOVEREIGN IMMUNITY
Traffic signal mishaps are now within the scope of occurrences for which local government entities are granted sovereign immunity. chapter 538
SPEED LIMIT
65 mph is now the maximum speed limit on Mississippi highways. (63-3-501) chapter 303
TAXATION
Direct tax payment permits may now be issued to companies which receive bond financing through the Mississippi Business Finance Corporation or the Department of Economic and Community Development. (27-65-93) chapter 383

Finance charges and late charges are included in the term compensation for purposes of the contracting sales tax. chapter 503

Floating moored structures are subject to tax as to personal property sold or construction work done. chapter 503

Forest acreage tax is extended through fiscal year 2002. chapter 490

Timber severance tax rate is established for timber purchased by weight.chapter 515

TEACHERS
Columbia or Oakley Training School teachers are eligible to participate in the College Board's Graduate Teacher Summer Scholarship program. (37-143-15) chapter 346

Master teacher salary supplement restrictions are removed, and expense reimbursement is authorized for direct cost of master teacher certification. (37-19-7) chapter 434

Pupil load for teachers in grades K through 4 is a maximum of 24, and for all other grades 27. (37-19-5) chapter 358

Retirement payments now include reimbursement for up 30 days of accumulated leave, and the rate paid to substitute teachers. chapter 548

Student teaching requirements are suspended for persons who have teaching assistant experience, and who have taught at an accredited private school. chapter 540

TELECOMMUNICATIONS
Competing phone companies may serve the same geographical area where authorized by the Public Service Commission. (77-3-35) chapter 304
TIMBER
Severance tax rate is established for timber purchased by weight. chapter 515

Weights and measures standard is established for purchasing timber. chapter 515

TORT CLAIMS AGAINST GOVERNMENT
Insurance coverage plan approval process is clarified. (11-46-17) chapter 304

Payment is to be made from the Tort Claims Fund, not the Accident Contingent Tort Fund, for claims arising prior to October 1, 1993. (11-46-19, 11-46-21, 37-41-42) chapter 428

TRADEMARKS
Trademark registration procedures and fees are extensively revised, including a new section providing for venue in actions to cancel a registered mark. (75-25-1 et seq.) chapter 400
TRUST COMPANIES
Copies of records in connection with estates and trusts may be made electronically by any technologically available means. (91-7-149, 91-7-277, 91-9-1) chapter 400
UNDERGROUND STORAGE TANKS
Penalty for nonpayment of tank regulatory fees is increased to 50% of arrearages. (49-17-421) chapter 334
UNEMPLOYMENT INSURANCE
Garnishment proceedings against unemployment insurance benefits is fixed within the jurisdiction of county courts. (71-5-367) chapter 464

Overpayments may be recouped by the employment security commission from lump-sum back pay awards. (71-5-513) chapter 464

Venue of benefit appeals by nonresidents lies in the circuit court for the county where the employer resides. (71-5-531) chapter 464

Withholding tax options must be explained to unemployment insurance claimants. (71-5-506) chapter 464

UNIFORM COMMERCIAL CODE
Letters of credit are revised in a new Article 5, with conforming amendments made to other sections of the UCC. (75-1-105, 75-2-512, 75-5-101 et seq., 75-9-103 et seq., 75-9-304, 75-9-305) chapter 460
UNIVERSITY OF MISSISSIPPI
Medical center at University of Mississippi is authorized to operate at additional locations throughout the state, and may enter group purchasing arrangements when deemed appropriate. chapter 496
UTILITIES
Telephone service competition may be authorized by the Public Service Commission in the same geographical area. (77-3-35) chapter 304
VETERANS
Child of deceased veteran is eligible to be a county veteran service officer. (35-3-21) chapter 399

Home loan maximum amount to veterans which may be guaranteed by the State Department of Veterans' Affairs is increased to $80,000, inclusive of funding fees. (35-7-17) chapter 363

Joint contracts for operation of state veterans' homes may be made between United States Department of Veterans' Affairs and the State Veterans' Affairs Board. (35-1-21)

United States Veterans' Affairs Department has concurrent jurisdiction over land conveyed to it by the state in Jackson. chapter 352

WASTE DISPOSAL
Individual on-site waste water disposal system law of 1978 is reestablished, with extensive revisions. chapter 516
WATER SUPPLY AND WATER WORKS
Loans and loan repayment assistance may be offered by the health department and state tax commission to the local governments and water systems improvements board. chapter 542

Soil and water conservation district boards may not participate in some phases of a water quality cost-share project funded the EPA if a board member is involved in the project. (69-27-308) chapter 378

WEIGHTS AND MEASURES
Fuel carrier capacity calibration station legislation is repealed. (27-55-55) chapter 306
WILDLIFE, FISHERIES, AND PARKS DEPARTMENT
Reorganization nomenclature and conforming amendments. (49-1-9, 49-4-3, 49-4-6, 49-4-15) chapter 412
WORKERS' COMPENSATION
Self-insurers must pay assessments to the guaranty fund upon becoming new members of the Workers' Compensation Self-Insurer Guaranty Association. (71-3-163) chapter 360
WORK FORCE EDUCATION
Work force education development council makeup is revised, specific functions of one-stop career centers are revised. chapter 521
X-RAYS
Medical radiation advisory council is established to advise the health department in developing regulations and standards regarding medical radiation technology. chapter 546

Radiation technologists and persons in similar occupations cannot practice unless registered with the health department. chapter 546




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