Bill Text: MS HB1535 | 2010 | Regular Session | Comm Sub
Bill Title: Mississippi Ethics Commission; revise jurisdiction of.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-02-11 - Died On Calendar [HB1535 Detail]
Download: Mississippi-2010-HB1535-Comm_Sub.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Judiciary A
By: Representative Norquist
House Bill 1535
(COMMITTEE SUBSTITUTE)
AN ACT TO AMEND SECTION 25-41-15, MISSISSIPPI CODE OF 1972, TO ALLOW THE CHANCERY COURT TO ENFORCE THE MISSISSIPPI ETHICS LAWS; TO ALLOW CONCURRENT JURISDICTION, FOR THE FILING OF ETHICS COMPLAINTS, BETWEEN THE MISSISSIPPI ETHICS COMMISSION, THE ATTORNEY GENERAL'S OFFICE AND ANY DISTRICT ATTORNEY'S OFFICE WITH THE STATE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-41-15, Mississippi Code of 1972, is amended as follows:
25-41-15. The Mississippi Ethics Commission shall have the authority to enforce the provisions of this chapter upon a complaint filed by any person, including the Attorney General and any district attorney having jurisdiction. Upon receiving a complaint, the commission shall forward a copy of the complaint to the head of the public body involved. The public body shall have fourteen (14) days from receipt of the complaint to file a response with the commission. After receiving the response to the complaint or, if no response is received after fourteen (14) days, the commission, in its discretion, may dismiss the complaint or proceed by setting a hearing in accordance with rules and regulations promulgated by the Ethics Commission.
The chancery courts shall also have the authority to enforce the provisions of this chapter upon a complaint filed by any person, including the Attorney General and any district attorney having jurisdiction, and shall have the authority to issue injunctions and writs of mandamus to accomplish that purpose. Complaints filed with the Ethics Commission pursuant to this section may not be removed to chancery court, although orders of the Ethics Commission may be appealed as set forth hereinafter.
* * * The Ethics Commission or the chancery court may order the public body to take whatever reasonable measures necessary, if any, to comply with this chapter.
If the Ethics Commission or the chancery court finds that members of a public body have willfully and knowingly violated the provisions of this chapter, the Ethics Commission or the chancery court may impose a civil fine upon the individual members of the public body found to have violated this chapter in a sum not to exceed One Thousand Dollars ($1,000.00) per person for each violation, plus all reasonable expenses incurred by the person or persons in bringing the complaint to enforce this chapter, which expenses may be assessed to the public body or individual members. Such expenses shall be awarded where the person bringing the complaint has prevailed on a majority of the claims asserted and where there are no special circumstances making the award unjust.
Any fine imposed under this section shall be paid into the general fund of the public body violating this chapter. Any person having been fined for violations of this chapter on three (3) separate occasions pursuant to three (3) separate complaints may, upon a petition filed with the chancery court by any person, be removed from officer by the chancery judge.
Nothing in this chapter shall be construed to prohibit the Ethics Commission from mediating or otherwise resolving disputes arising under this chapter or from entering orders agreed to by the parties. In carrying out its responsibilities under this section, the Ethics Commission shall have all the powers and authority granted to it in Title 25, Chapter 4, Mississippi Code of 1972.
Any party may petition the chancery court of the county in which the public body is located to enforce or appeal any order of the Ethics Commission issued pursuant to this chapter. In any such appeal the chancery court shall conduct a de novo review.
SECTION 2. This act shall take effect and be in force from and after July 1, 2010.
