For previous 2009 Legislative Reports and to find out more about Senator Kelvin Butler go to http://www.kelvinbutler.com/
Senator Kelvin Butler is Chairman of the Local & Private committee. He also serves on the Business & Financial Institutions; Finance; Judiciary, Division A; Municipalities; State Library; Highways & Transportation and Tourism committee.
The Senate was recessed on Wednesday, April 1, in anticipation of being called back in May when we and the House of Representatives expect to have more details on how Federal Stimulus money can be used to prepare the state's 2010 budget.
Lt. Governor Bryant has said that when Senators return, he expected a brief stay, incurring none of the expenses associated with a Special Session. However, the Lt. Governor and the Speaker of the House could call back the Senate before May if they deemed it necessary.
Among the issues the Senate could debate upon returning are a cigarette tax increase to offset the cost of other taxes, especially those associated with car tags, which could potentially rise more than 150 percent. The Senate has proposed a 62 cents per pack increase. This would be separate from the 64 cents federal tax that was started on April 1.
The Senate also is seeking solutions for funding Medicaid without severely impacting our Rainy Day fund.
Below is a summary of major Legislation, which either originated in the Senate or was sent over from the House of Representatives and modified by the Senate.
2009 Senate Accomplishments
Bills Signed by the Governor, which are law:
Senate Bill 2709 - Requires collection of DNA evidence in felony criminal cases including rapes and homicides. This will speed up criminal investigations and help solve more crimes. It also builds a future database.
Senate Bill 2336 would create a Country Music Trail that will help Mississippi to draw more tourists.
Senate Bill 2616 will for the first time make it illegal to present a false ID at a liquor store. This should prevent teenagers from trying to buy alcohol.
Senate Bill 2605 is referred to as the Mississippi Major Economic Impact Act. It creates monetary incentives to keep and expand the Cooper Tire & Rubber Company plant in northeastern Mississippi. The legislation requires that Copper Tires maintain at least 1,200 jobs in Mississippi.
Senate Bill 2799 Allows the state Board of Pharmacy to regulate sales of certain controlled substances across the Internet.
House Bill 1568, stops cities and counties from using automated traffic cameras to ticket citizens who allegedly run stop signs and signal lights. Research showed there are many flaws in the way these cameras operate. Some people traveling in a funeral procession were ticketed. And while some were able to get the tickets resolved, it still cost them time away from their jobs to convince a judge that they were innocent.
House Bill 883 - will allow police officers to make arrests on the spot in domestic violence investigations if they believe an assault has occurred. The bill does away with pre-set bonds and will require a judge to determine when the arrested person is released and under what terms. It also will give police officers immunity from lawsuits brought in the event a spouse or significant other changes their mind before the court date and refuses to testify against the person who assaulted them.
House Bill 865 was amended by the Senate to restore $409,000 in funding to District Attorneys across the state as a way of preventing the layoffs of key court personnel. The bill also provides $1.1 million from the state treasury that allows the Division of Medicaid to continue providing transportation for end-stage kidney disease patients so they can receive needed dialysis treatments.
House Bill 1628 aids in the creation of at least 275 full-time jobs by December 2011 that will grow to 800 by 2017. These high technology jobs will be at Alliant Techsystems Inc., (ATK) in Iuka, which manufactures composite aircraft components. The average salary will be $53,000. ATK develops parts for the U.S. military and the commercial airline sector.
House Bill 379 will allow inmates at the Department of Corrections to help Habitat for Humanity or the Fuller Center for Housing Inc., both nonprofit organizations, to make repairs to the homes of needy Mississippians. The inmates would be low level offenders and would volunteer to work. This bill will provide an excellent means of getting external home repairs done for some of our elderly people who are struggling with the choice of whether to buy needed medication or fix their houses.
House Bill 348, allows consumers to purchase, exempt from taxation, articles of clothing and shoes during the last weekend in July. According to studies, other states that have enacted similar legislation have shown that this tax holiday can be revenue neutral or even a revenue generator for the state. The consumer saves 7% on each qualified purchase; the retailer for one weekend competes on a level playing field with internet companies which pay no sales tax, thus increasing sales during a traditional slow time of the year. The State benefits as well by providing a small tax break to the taxpayers, and receives additional income from out-of-state shoppers.
Bills that have passed both House and Senate:
Senate Bill 2147 makes the sale, manufacture, distribution or possession of a substance misrepresented as a controlled substance a felony. Anyone found guilty or such will confined to the Department of Corrections for not more than 5 years and/or fined not more than $5,000.
Senate Bill 2792 conforms to federal law concerning the sale of pseudoephedrine. A consumer may not purchase more than 3.6 grams of pseudoephedrine in a single day.
Senate Bill 2746 will allow large scale food preparers like the University of Mississippi Medical Center and restaurants to donate leftover food to charitable organizations.
Senate Bill 2628, "Children First Act of 2009" will give the state the ability to intervene in failing school districts. Requires each school district to write and publish an annual report in the local newspaper. It allows the State Board of Education to request the Governor to declare a state of emergency when a school district is listed as an underperforming school for two consecutive school years.
Requires students in 6th grade or above to maintain a 2.0 grade point average on a 4.0 scale to participate in sports or extracurricular activities. The State Department of Education will monitor eligibility based on a semester grading reporting period. The suspension will remain in effect until the student's grade point average in a succeeding semester is a 2.0 or higher on a 4.0 scale.
Creates a Mississippi Recovery School District within the State Department of Education. In the local school districts taken over by the State, the superintendents, board members, administrators, and teachers will work at the will and pleasure of the State Deputy Superintendant of the Mississippi Recovery School District. States that each school district in the state will have its financial records audited at the end of each fiscal year.
House Bill 1722 provides $12 million in bonds for the construction of a new, state of the art Crime Lab that our prosecutors and law enforcement officials have long needed.
Also includes $35 million to pay for upgrades, repairs and existing projects at our colleges and universities and an additional $12.25 million for repairs and upgrades at our community and junior colleges.
In Conference
House Bill 1697 gives the Insurance Department an additional $20 million to help keep insurance premiums from rising along the Gulf Coast.
Senate Bill 3233, increase funding to the state Tax Commission in several categories, with the highest amount being $25 million that goes to the Ad Valorem Tag Reduction Fund that will help to hold down the cost of car tags. Also appropriated money to help with upgrades to the Tax Commission's computer system, which we have been told will pay for itself once completed, through more efficient data gathering that will generate increased tax revenues.
Bills that Died in House
House Bill 61, "Sunshine" Prohibit State agencies from hiring contract lobbyists to obtain State funds. (DIED ON CALENDAR 3/30)
Senate Bill 2338, Allows for a criminal history record check and fingerprinting of applicants to emergency services agencies
Senate Bill 3073, "Tort Reform" Certificate of merit; require for filing of negligence suits against licensed professionals.
Senate Bill 3272, Phase out the inventory tax, without cutting revenue to local governments, to encourage further investment in Mississippi.
Senate Bill 2664, Revise, Improve and Extend Mississippi's Public Charter School law.
Senate Bill 2300 Increased the Homestead Exemption for seniors to $100,000.Senate Bill 3188 would have empowered county boards of supervisors, mayors and city councils or boards of aldermen to give certain ad valorem tax exemptions to military service members who have served in Iraq or Afghanistan. The amounts of the exemptions vary. As typical with tax breaks, local school district taxes would still have to be paid.
Senate Bill 2631 would have increased from five years to 20, the amount of prison time that persons convicted of accessory after the fact of a crime can be sentenced to. Senate Bill 2867 would have increased the fine from $500 to $1,000 for driving without proof of insurance. It will allow the person who purchases insurance after being stopped and ticketed to pay only $100.
Senate Bill 2472 was entitled the "Mississippi Child Protection Act of 2009" and provided for the mandatory reporting of sexual crimes against minors. It would also create a civil action for causing or assisting a minor to obtain an abortion.
Senate Bill 2548 would have required voters to present certain photo identification to an election manager or registrar before being allowed to vote. It also gave electors the option of obtaining a Mississippi Voter Identification Card free of charge.
Senate Bill 2133 would have forced agencies to verify the lawful presence in the United States of anyone applying for public assistance benefits.
Senate Bill 2585 would have created the requirement that in order to obtain a motor vehicle license tag, applicants be required to show proof of United States citizenship or legal alien status.
Senate Bill 2144 was entitled the "Immigration Reform Act of 2009." It would have allowed the courts to fine persons creating or using false identification a minimum $10,000 fine and a maximum 10 year prison sentence.
Due from Governor
Senate Bill 3197 will allow employers who own or operate an upholstered household furniture manufacturing facility a job tax credit of $2,000. This will apply to each full-time employee working in a cut and sew job for a period of 10 years from the start date of the credit.
(4/6/09)
Senate Bill 2606 cuts the sales tax on retail sales of agricultural farm tractors to 1.5%. Sales tax on the repair on tractor parts, the retail sale of farm implements and the retail sale and repair equipment used in logging or tree farming will be reduced to 1.5%.
(4/6/09)
Senate Bill 2280 will extend by six months the time required for an intermediate and beginning driver to obtain a permanent license. A teenager will have to be 16-years-old to qualify for an intermediate license, which allows some unsupervised driving, instead of the current age of 15 ½. This gives them more time to learn from an experienced driver and develop safer driving skills. A House amendment will ban text messaging by intermediate and beginning drivers.
The Centers for Disease Control and Prevention has reported that drivers between 15 and 24 years of age represent less than 15-percent of the driving population, but are responsible for roughly 30-percent of automobile related injuries at a cost of about $19 billion.
The CDC also reported that the first year teenagers are eligible to drive is the riskiest.
Vetoed by the Governor
House Bill 803, limited eminent domain to cases where land could only be claimed for public use. Bill removed all stipulations that would allow government to take private land for economic development.
