The Mississippi Senate has recently been considering legislation that originated in the House of Representatives. With multiple deadlines looming, any general House bills not considered and approved by the Senate as of last Wednesday evening are now considered dead on the 2010 session’s calendar.

After lengthy discussion, the Senate approved House Bill 1170, legislation that would grant respective school districts across the state the discretion to furlough personnel for up to five non-instructional days. Simply put, districts would be allowed the option of reducing the number of school days from 180 to 175. During debate, it was maintained that HB 1170 was necessary as a budgetary option in light of continually declining state revenues.

The Senate also passed House Bill 607, legislation that would extend to six years the time in which timber theft can be prosecuted. Since distant or out-of-state property owners often do not discover they have been victimized until years after the theft, increasing the statute of limitations represents an equitable approach to solve a longstanding problem.

Another bill approved by the Senate, House Bill 1157, would mandate that an additional $100 fee be charged to convicted sex offenders. It would be utilized in an effort to help offset the cost of maintaining a DNA database. HB 1157 would also establish an additional $300 fee to be charged to any person convicted of a felony or enrolled in pretrial intervention programs in which the state Crime Lab provided expert laboratory analysis or forensic services.

The Senate likewise considered House Bill 1456, an act that would require any pathologist performing autopsies to be certified by the American Board of Pathology and deemed qualified by the Department of Public Safety.

A number of other bills were also passed by the Senate, including but not limited to the following: House Bill 1070 would allow the Department of Wildlife, Fisheries and Parks to issue a special hunting permit to children under the age of 18 who are suffering serious illnesses; House Bill 1047 would create a task force to seek long-term solutions to teacher shortages; House Bill 113 would seek to have governmental agencies charge only actual costs for reproduction of public records requested by citizens; House Bill 1057 would create a Transit Task Force to study the statewide transportation system and infrastructure; and House Bill 170 would grant county supervisors the authority to adopt regulations that will protect Mississippi’s communities from the negative secondary effects of sexually oriented businesses such as strip clubs.

The Senate also approved changes to Senate Bill 2495, legislation that restored $82 million to state agencies for the current fiscal year, including $37 million to K-12 education and $2 million to ensure National Board Certified teachers receive their annual stipend. The bill also restores $16 million to the Department of Corrections, $1.49 million to district attorneys and $4 million to the Department of Mental Health. As part of the negotiations surrounding SB 2495, an additional $4.4 million will be restored to community and junior colleges for FY10.

Regarding other matters, Nathan’s Law continues its advance in a much-weakened form, with ill-advised political maneuvering leaving the bill in serious need of repair. In fact, when the watered-down House version finally returned to the Senate for concurrence, the Senate rejected the House changes and invited conference on the bill.

In light of the Senate formally seeking the House’s participation in a conference committee, Lt. Gov. Bryant immediately named three Senate conferees who are now charged with the responsibility of negotiating with three House members regarding the substantive provisions of Nathan’s Law.

As a named conferee, it is my wish to return significant strength to Nathan’s Law by restoring provisions inexplicably removed by the chairman of the House Judiciary A committee.

Not only did the Democratic House leadership alter and weaken numerous bills such as Nathan’s Law, it also killed several other important pieces of legislation. Without explanation, House leadership killed Senate Bill 2816, well-reasoned approach that would have instituted a performance based budgeting system where resources are allocated based on results.

The House also failed to consider SB 3059, legislation known as the "Sunshine Act." It would have required the Attorney General’s outside contracts for legal services to be submitted to the Personal Service Contract Review Board anytime anticipated fees for outside counsel exceed $500,000.

Senate Bill 2153 likewise met its demise in the House of Representatives. SB 2153 was a National Rifle Association bill that would have expanded the carrying rights of concealed permit holders.

Even more perplexing, the House leadership killed the "Mississippi Child Protection Act of 2010," legislation that would have expanded mandates requiring the reporting of sexual crimes against minors and the retention of DNA evidence to aid in the prosecution of suspects who either assault a minor or commit statutory rape that results in the pregnancy of a child.

With only a few weeks remaining in the 2010 session, attention will now turn to appropriation bills and the 2011 budget. I will keep you informed as we continue our progression.

It is an honor to represent you in the Mississippi Senate. If I can ever assist you in any way, please feel free to contact me anytime at cmcdaniel@senate.ms.gov.



Chris McDaniel is a state senator from Ellisville. He can be contacted at cmcdaniel@senate.ms.gov.