Bill Text: MS SB2379 | 2023 | Regular Session | Engrossed
Bill Title: Code books; revise number required to be ordered from publisher.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2023-03-27 - Died In Conference [SB2379 Detail]
Download: Mississippi-2023-SB2379-Engrossed.html
MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Judiciary, Division A
By: Senator(s) Sparks
Senate Bill 2379
(As Passed the Senate)
AN ACT TO AMEND SECTION 1-1-11, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT IN ORDER TO RECEIVE PHYSICAL, BOUND VOLUMES OF THE MISSISSIPPI CODE OF 1972, AS AUTHORIZED, REQUIRES THE RECIPIENT TO ELECT IN WRITING TO THE RECEIPT; TO AMEND SECTION 1-1-33, MISSISSIPPI CODE OF 1972, TO CLARIFY THE RIGHT OF A SUCCESSOR IN OFFICE TO OPT-IN TO RECEIVING PHYSICAL, BOUND VOLUMES OF THE CODE TO INCLUDE SUBSEQUENT PERIODIC UPDATES; TO AMEND SECTION 1-1-59, MISSISSIPPI CODE OF 1972, TO CLARIFY THE JOINT CODE COMMITTEE'S AUTHORITY TO CONTRACT WITH A PUBLISHER TO PROVIDE ELECTRONIC ACCESS TO THE CODE; TO BRING FORWARD SECTION 1-1-57, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 1-1-60, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; TO REPEAL SECTION 1-1-58, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR PUBLICATION AND DISTRIBUTION OF THE ADVANCE SHEETS OF THE GENERAL LAWS ENACTED AT EACH SESSION OF THE LEGISLATURE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 1-1-11, Mississippi Code of 1972, is amended as follows:
1-1-11. (1) Except as provided in subsection (2) of this section, the Joint Committee on Compilation, Revision and Publication of Legislation shall distribute or provide for the distribution of the sets of the compilation of the Mississippi Code of 1972 purchased by the state as follows:
Fifty-seven (57) sets to the Mississippi House of Representatives and forty (40) sets to the Mississippi Senate for the use of the Legislative Reference Bureau, Legislative Services Offices, staffs and committees thereof.
Ten (10) sets to the Governor's Office; nine (9) sets to the Secretary of State; and twenty (20) sets to the Auditor's Office.
One (1) set to each of the following: the Lieutenant Governor; each member of the Legislature; the Treasurer; each district attorney; each county attorney; each judge of the Court of Appeals and each judge of the Supreme, circuit, chancery, county, justice and municipal courts; each Mississippi Senator and Mississippi Representative in Congress; State Superintendent of Education; Director of the Department of Finance and Administration; the Commissioner of Agriculture and Commerce; each Mississippi Transportation Commissioner; the Insurance Commissioner; the Clerk of the Supreme Court; the State Board of Health; each circuit clerk; each chancery clerk in the state for the use of the chancery clerk and the board of supervisors; each sheriff in the state for the use of his office and the county officers; and each county for the county library (and an additional set shall be given to each circuit clerk, chancery clerk, sheriff and county library in counties having two (2) judicial districts).
Six (6) sets to the Performance Evaluation and Expenditure Review (PEER) Committee; three (3) sets to the Director of the Legislative Budget Office; six (6) sets to the Department of Corrections; two (2) sets to the Department of Archives and History; two (2) sets to the State Soil and Water Conservation Commission; sixty-eight (68) sets to the Attorney General's office; six (6) sets to the Public Service Commission; four (4) sets to the Public Utilities Staff; thirty-five (35) sets to the Department of Revenue; one (1) set to the Board of Tax Appeals; two (2) sets to the State Personnel Board; six (6) sets to the State Law Library; one (1) set to the Library of Congress; ten (10) sets to the University of Mississippi Law School; one (1) set each to the Mississippi School for the Deaf and the Mississippi School for the Blind; one (1) set each to the University of Mississippi, Mississippi State University, Mississippi University for Women, University of Southern Mississippi, Delta State University, Alcorn State University, Jackson State University, Mississippi Valley State University, and the Board of Trustees of State Institutions of Higher Learning; and one (1) set to the Supreme Court judges' conference room. In furtherance of the State Library's reciprocal program of code exchange with libraries of the several states, the joint committee shall, at the direction and only upon the written request of the State Librarian, distribute or provide for the distribution of sets of the code to such libraries.
One (1) set to each state junior or community college; three (3) sets to the Department of Wildlife, Fisheries and Parks; two (2) sets to the Department of Environmental Quality; two (2) sets to the Department of Marine Resources; two (2) sets to the Mississippi Ethics Commission; six (6) sets to the Mississippi Workers' Compensation Commission; four (4) sets to the State Department of Rehabilitation Services; three (3) sets to the Department of Child Protection Services; and four (4) sets to the Department of Human Services. One (1) set to each of the following: State Textbook Procurement Commission; University Medical Center; State Library Commission; Department of Agriculture and Commerce; Forestry Commission; and seventeen (17) sets to the Department of Public Safety. Also, one (1) set to each of the following: Adjutant General, Mississippi Development Authority, Department of Banking and Consumer Finance, Bureau of Building, Grounds and Real Property Management, the State Educational Finance Commission, the Mississippi Board of Vocational and Technical Education, Division of Medicaid, State Board of Mental Health, and Department of Youth Services.
The joint committee is authorized to distribute or provide for the distribution of additional sets of the Mississippi Code, not to exceed three (3) sets, to the office of each district attorney for the use of his assistants.
The joint committee shall provide to the Mississippi House of Representatives and the Mississippi Senate the annual supplements to the Mississippi Code of 1972 for each set of the code maintained by the House and Senate.
An elected or appointed officeholder in the State of Mississippi, except for a member of the Legislature, shall deliver to his successor in office, or to the joint committee if there is no successor, the set of the Mississippi Code of 1972 provided the officeholder under this section.
Before the joint committee delivers or provides for delivery of a copy of the Mississippi Code of 1972 to an individual officeholder, the joint committee shall prepare and submit a written agreement to the officeholder. The agreement shall, among other provisions, state that the code is the property of the State of Mississippi, that it shall be transferred to the officeholder's successor in office, that the officeholder has an obligation to make such transfer and that the officeholder shall be responsible for the failure to deliver the code and for any damage or destruction to the code, normal wear and tear excepted. The joint committee shall execute the agreement and forward it to the officeholder for execution. The joint committee shall not deliver or provide for delivery of the code to the officeholder until the executed agreement is received by the committee. The joint committee may include in the agreement such other provisions as it may deem reasonable and necessary. In addition to damages or any other remedy for not transferring a set of the code to his successor, an officeholder who does not transfer his set of the code shall be guilty of a misdemeanor and shall, upon conviction, pay a fine of One Thousand Dollars ($1,000.00). Upon request of the joint committee, the Attorney General shall assist the joint committee in taking such actions as necessary to require an officeholder to transfer the set of code provided under this section to his successor, or to the joint committee if there is no successor, and to recover reimbursement or damages from any officeholder for the loss of or damage or destruction to any volumes of the set of the code provided under this section, other than normal wear and tear.
Replacement of missing, damaged or destroyed sets or volumes of the code provided by this chapter may be obtained from the code publisher through the joint committee at the established state cost, the cost to be borne by the recipient.
No more than one (1) set of the Mississippi Code of 1972 shall be furnished to any one (1) individual, regardless of the office or offices he may hold.
(2) The sets of actual bound
volumes of the Mississippi Code of 1972 referenced in subsection (1) shall be
provided to each * * *
person or entity upon written request by the * * * person
or entity to the Joint Committee on Compilation, Revision and Publication
of Legislation.
SECTION 2. Section 1-1-33, Mississippi Code of 1972, is amended as follows:
1-1-33. Where any officer has received a set of the Mississippi Code of 1972 by virtue of his office and is required by law to deliver it to his successor in office, and the officer fails to deliver it to his successor, the successor may make application to the Joint Legislative Committee on Compilation, Revision and Publication of Legislation, in writing, setting forth that fact, and the joint committee, if satisfied of the truthfulness of the application, may issue to the applicant a set of the Mississippi Code of 1972 and subsequent periodic updates. The joint committee may consider any official application for a set of the Mississippi Code of 1972, and if the facts warrant furnishing a code or codes and updates as applied for, it shall be furnished to the applicant.
SECTION 3. Section 1-1-59, Mississippi Code of 1972, is amended as follows:
1-1-59. The Joint Committee
on Compilation, Revision and Publication of Legislation may contract with a
reputable and competent company to perform any services necessary to update any * * * electronic
access so that all laws of a general nature passed by the Legislature
subsequent to the 1971 session thereof will be incorporated therein in the same
format as the pocket part supplements and supplemental material contained in
replacement volumes to the Code of 1972. This contract may be made with the
same publishing company contracted with under Section 1-1-107(a) and may be
included as a provision of that contract with the publishing company instead of
being a separate contract.
If the same cannot be contracted for, at and for a consideration considered reasonable, the joint committee may request the Mississippi Department of Information Technology Services to perform such services and pay over to the department such sums as may be appropriated for such purposes, and the Mississippi Department of Information Technology Services may expend such sums as paid over for the employment of personnel and the purchase of such services, supplies, materials and equipment as may be required to perform the work.
SECTION 4. Section 1-1-57, Mississippi Code of 1972, is brought forward as follows:
1-1-57. The Joint Committee on Compilation, Revision and Publication of Legislation shall purchase such numbers of sets of the pocket part supplements and the replacement volumes, including index replacement volumes, as may be required to maintain in a current status the sets of the Code of 1972 authorized to be furnished under the provisions of Section 1-1-11, and shall distribute or provide for the distribution of the same to the proper parties. In furtherance of the State Library's reciprocal program of Code exchange with libraries of the several states, the joint committee shall, at the direction and only upon the written request of the State Librarian, distribute or provide for the distribution of those supplements and replacement volumes to such libraries.
SECTION 5. Section 1-1-60, Mississippi Code of 1972, is brought forward as follows:
1-1-60. The dean of the law school of the University of Mississippi may make requisitions to the Joint Committee on Compilation, Revision and Publication of Legislation for the Mississippi Code and supplements thereto to exchange with other states for similar publications and make the same available in the University of Mississippi Law School Library for the purpose of increasing the facilities of the library. The joint committee may furnish or provide for the furnishing of these publications upon requisition from the dean of the law school of the University of Mississippi.
SECTION 6. Section 1-1-58, Mississippi Code of 1972, which provides that the Joint Committee on Compilation, Revision and Publication of Legislation is to contract with a publishing company for the publication of the advance sheets of the general laws enacted at each session of the Legislature and distribute or provide for the distribution of the advance sheets free of cost to each state government agency, to each respective Legislative Services Office of the House of Representatives and the Senate, to the Legislative Reference Bureau, and to each sheriff, chancery clerk, circuit clerk, superintendent of education, tax assessor, county prosecuting attorney, justice court judge, attorney for each county's board of supervisors, each municipal clerk, district attorney, circuit judge, chancellor, county court judge and Supreme Court judge, and to each member of the Mississippi Bar Association in good standing at a reasonable cost, is repealed.
SECTION 7. This act shall take effect and be in force from and after its passage.
