From Your Capitol - Week of January 18, 2021

This is the third week of the 2021 Legislative Session. The deadline for introducing general bills was on Monday night, and committees will now begin discussing these bills in meetings. After Tuesday, Feb. 2, no additional bills will be added to the House calendar for consideration.

The Speaker announced new safety protocols that will be implemented starting next week. All committee meetings and sessions will happen via teleconference, which will be available to the public on the Legislature website. The House is scheduled to return to in-person sessions on Wednesday, Feb. 3 after the deadline to pass bills out of committee.

House Resolution 12, which was introduced on Friday morning, creates a temporary House rule determining quorum on meetings happening remotely. The resolution passed unanimously by a voice vote and makes it possible for the House to conduct business by teleconference.

Bills I've Introduced for the 2021 Session

Bill Number

Bill Name

Summary

HB602 Mississippi Access to Care Act; create. An Act To Be Known As The Mississippi Access To Health Care Act; To Amend Sections 41-7-173, 41-7-185, 41-7-187, 41-7-189, 41-7-190, 41-7-191, 41-7-193, 41-7-197, 41-7-201, 41-7-202 And 41-7-207, Mississippi Code Of 1972, To Revise The Health Care Certificate Of Need Law To Remove Health Care Services And Equipment From The Requirement For The Issuance Of A Certificate Of Need, So That Only Certain Health Care Facilities Will Require Certificate Of Need Review; To Remove End-stage Renal Disease Facilities And Ambulatory Surgical Facilities From The Requirement For A Certificate Of Need; To Delete The Moratorium On The Issuance Of Certificates Of Need For Home Health Agencies; To Amend Sections 41-73-5, 41-75-1, 41-75-5, 41-75-9 And 41-75-25, Mississippi Code Of 1972, To Conform To The Preceding Provisions; And For Related Purposes. HB603 Local and private bills proposing to extend local tax for second time; require direct referendum. An Act To Provide That If A Local And Private Bill Proposes To Extend A Local Tax That Has Been Extended One Time Before The Extension Proposed In The Bill, Then The Bill Shall Provide For A Direct Referendum To Be Held On The Question Of Extending The Tax; To Provide That The Referendum Shall Be Held At The Same Time As The Next Regularly Scheduled Election In The Area; To Provide For An Indirect Referendum On The Continuation Of The Levying Of Such Tax After The Initial Extension; And For Related Purposes. HB604 Firearms; clarify licensing procedure. An Act To Amend Section 45-9-101, Mississippi Code Of 1972, To Clarify The Procedures For Issuing Firearms Licenses And Enhanced Carry Firearms Licenses; And For Related Purposes. HB605 Appeal from judgment by a county or municipal authority; revise standard of construction for determining constitutionality. An Act To Amend Section 11-51-75, Mississippi Code Of 1972, To Revise The Standard Of Construction To Be Used In Making An Appeal From Judgments By County Or Municipal Authorities Relating To The Constitutionality Of The Issue On Appeal; And For Related Purposes. HB606 Seizure and forfeiture; prohibit waiver of forfeiture and revise standard of proof. An Act To Amend Section 41-29-177, Mississippi Code Of 1972, To Prohibit Waivers Regarding Forfeitures; To Amend Section 41-29-179, Mississippi Code Of 1972, To Revise The Standard Of Proof; To Bring Forward Sections 41-29-153, 41-29-176.1, 41-29-181, 41-29-183 And 41-29-107.1, Mississippi Code Of 1972, Which Relate To The Mississippi Bureau Of Narcotics Website On Seized Property And The Prosecution Of Cases And Procedures For The Disposition Of Seized Property, For Purposes Of Possible Amendment; And For Related Purposes. HB607 Seizure and forfeiture; require conviction and establish in relation to certain criminal. An Act Relating To The Seizure And Forfeiture Of Property In Certain Criminal Actions; To Define Certain Terms; To State Certain Declarations By The Legislature And To Pronounce The Purpose Of This Act; To Authorize A Court To Issue An Ex Parte Preliminary Order For The Seizure Of Personal Property For Which Forfeiture Is Sought; To Authorize Personal Property To Be Seized Without A Court Order Or Warrant Under Certain Conditions; To Require A Court Order For The Seizure Or Restraint Of Real Property; To Exempt Homestead Property And Other Specified Property Having A Certain Value From Seizure And Forfeiture; To Declare That Contraband Is Subject To Seizure; To Prohibit The Waiver Of A Person's Interest In Seized Property; To Require Law Enforcement To Issue A Receipt For Seized Property; To Authorize A Court To Order The Forfeiture Of Property When A Person Is Convicted Of An Offense Authorizing Forfeiture; To Prohibit Civil Forfeiture Of Property Under This Act; To Limit Forfeiture Of Property To Cases Where There Is A Conviction Of A State Criminal Statute That Authorizes Forfeiture Of Property; To Establish The Procedure For Filing A Criminal Complaint For The Forfeiture Of Property; To Authorize A Prosecuting Attorney To File An Indictment When The State Seeks Forfeiture Of Property Other Than Through A Complaint; To State When Title To Forfeited Property Vests With The State; To Authorize A Pretrial Hearing To Determine The Validity Of A Seizure And To Require The Issuance Of A Writ Of Replevin If Certain Findings Are Made; To Declare That Discovery In Seizure And Forfeiture Cases Is Subject To The Mississippi Rules Of Civil Procedure; To Establish Jurisdiction Over Forfeiture Proceedings In The Court That Has Jurisdiction Over The Related Criminal Matter; To Authorize A Defendant, During A Hearing Relating To The Seizure And Forfeiture Of Property, To Petition The Court For A Determination On Whether The Forfeiture Is Unconstitutionally Excessive; To Prohibit The Forfeiture Of Property Encumbered By A Bona Fide Security Interest; To Authorize An Innocent Owner Of Property Subject To Forfeiture To Petition The Court For A Hearing On The Person's Alleged Interest In The Property; To Require The Court To Either Dismiss The Forfeiture Proceeding Or Order Forfeiture Of The Property After A Hearing On The Matter Or Pursuant To A Plea Agreement; To Authorize The Court To Order Forfeiture Of Substitute Property Whenever The Property Subject To Forfeiture Is Unreachable; To Prohibit The State From Seeking Personal Money Judgments Related To The Forfeiture Of Property Other Than Provided For In This Act; To Prohibit A Court From Holding Defendants Jointly And Severally Liable For Forfeiture Awards; To Authorize An Appeal Of A Court's Decision In Forfeiture Litigation; To Require A Seizing Agency To Pay Attorney Fees Whenever A Property Owner Prevails On A Claim; To Require A Law Enforcement Agency To Return Property When So Ordered By The Court; To Require The Destruction Of Contraband No Longer Needed For Evidentiary Purposes; To Require Abandoned Property No Longer Needed For Evidentiary Purposes To Be Delivered To The State Treasurer; To Prohibit A Law Enforcement Agency From Retaining Forfeited Or Abandoned Property For Its Own Use; To Prohibit A Law Enforcement Agency From Relinquishing Seized Property To A Federal Agency For The Purpose Of The Property's Forfeiture Under The Controlled Substances Act; To Establish Certain Requirements Relating To Property Seized Through A Multijurisdictional Collaboration With The Federal Government; To Declare That This Act Preempts Any Local Governmental Law That Regulates Civil And Criminal Forfeiture; To Amend Sections 49-1-43, 49-5-115, 49-7-81 And 49-7-91, Mississippi Code Of 1972, Which Relate To The Protection Of Game And Fish And Hunting And Fishing, In Conformity To The Preceding Provisions Of This Act; To Repeal Sections 49-7-103 And 49-7-251 Through 49-7-257, Mississippi Code Of 1972, Which Authorize The Seizure And Confiscation Of Property Used In Illegal Hunting Or Fishing; To Repeal Section 59-21-33, Mississippi Code Of 1972, Which Authorizes The Seizure And Forfeiture Of Boats And Trailers With Altered Identification Numbers; And For Related Purposes. HB608 Stun gun; remove the term from the prohibited firearms category. An Act To Amend Section 45-9-101, Mississippi Code Of 1972, To Clarify The Firearms Licensing Procedure By Removing The Term "stun Gun" From The Concealed Carry Firearms Category; And For Related Purposes. HB609 Public purchasing law; exempt procurement of certain aircraft by state institutions of higher learning from. An Act To Amend Section 31-7-13, Mississippi Code Of 1972, To Provide That The Procurement Of Aircraft, Aircraft Maintenance, Parts, Equipment And Services By State Institutions Of Higher Learning Which Offer Undergraduate And Graduate Degree Programs In Aviation Shall Be Exempt From The Public Purchasing Law Requirements; To Authorize The Department Chair To Establish Purchasing Procedures In Compliance With The Exemption, Which Shall Be Approved By The Ihl Board; And For Related Purposes. HB719 Vaccinations; prohibit employers from requiring COVID-19 vaccination as condition of employment. An Act To Prohibit Public And Private Employers From Requiring Any Of Its Employees To Receive A Vaccination Against Sars-cov-2 Or Covid-19 As A Condition Of The Person's Employment Or Continued Employment With The Employer; And For Related Purposes. HB1041 Firearms Protection Act; create. An Act To Prohibit Enforcement Of Federal Law Regarding Firearms, Accessories Or Ammunition Manufactured In The State That Remains Within The Borders Of The State; To Provide That Any Federal Law Which Attempts To Ban A Semi-automatic Firearm Or To Limit The Size Of A Magazine Of A Firearm Or Other Limitation On Firearms In This State Shall Be Unenforceable In The State; To Provide A Penalty For Violations Of This Act; To Amend Sections 45-9-101, 97-37-5, 97-37-7, 97-37-31, 97-37-103 And 97-37-105, Mississippi Code Of 1972, In Conformity; And For Related Purposes. HB1281 MS Accountability and Transparency Act; revise to include certain counties and municipalities. An Act To Revise The Mississippi Accountability And Transparency Act Of 2008; To Amend Section 27-104-153, Mississippi Code Of 1972, To Revise The Definition Of "agency" To Include Counties And Municipalities; To Amend Section 27-104-155, Mississippi Code Of 1972, To Provide That By July 1, 2022, Each County With A Population Of 20,000 Or Greater And Each Municipality With A Population Of 10,000 Or Greater Shall Create And Maintain An Accountability And Transparency Website For The County Or Municipality Or Set Up A Separate Section For The County Or Municipality On The County's Or Municipality's Current Website; To Amend Section 27-104-163, Mississippi Code Of 1972, To Conform To The Provisions Of This Act; To Require Municipalities, Counties And State Agencies To List Any Expenditure Of Public Funds Used To Pay Settlements For Sexual Harassment; To Bring Forward Sections 27-104-161, 27-104-103 And 7-7-211, Mississippi Code Of 1972, For The Purpose Of Possible Amendment; And For Related Purposes. HB1282 Municipalities; clarify authority of to regulate exercise of free speech near medical facilities. An Act To Amend Sections 21-17-5, 21-19-15 And 21-37-3, Mississippi Code Of 1972, To Clarify The Authority Of Municipalities By Retroactively And Prospectively Prohibiting Governing Authorities Of Municipalities From Restricting The Exercise Of Free Speech And Other Fundamental Rights Within The Immediate Vicinity Of Medical Or Heath Care Facilities; And For Related Purposes. HC23 Bill of Rights Sanctuary State; declare the State of Mississippi to be a. A CONCURRENT RESOLUTION DECLARING THE STATE OF MISSISSIPPI TO BE A BILL OF RIGHTS SANCTUARY STATE..