Ellington

WHEREAS, by the provisions of Section 121 of the Constitution of the State of Mississippi, the Governor is vested with the power to convene, by public Proclamation, the Legislature in Extraordinary Session whenever, in his judgment, the public interest requires it; and

WHEREAS, it is the Governor's judgment that the public interest requires that the Legislature be convened in Extraordinary Session for the consideration of the matters hereinafter stated:

NOW, THEREFORE, I, Haley Barbour, Governor of the State of Mississippi, do hereby issue this Proclamation to convene the Legislature in Extraordinary Session, and do designate Wednesday, May 18, 2005, at 1:00 P.M., as the time, and the State Capitol in the City of Jackson, Mississippi, as the place, in which said Session shall be convened; and do designate as the subjects to be considered at said Extraordinary Session, when so convened, the following matters so relating exclusively to and for no other purpose:

1. AN ACT TO CREATE THE MISSISSIPPI EXISTING INDUSTRY PRODUCTIVITY LOAN PROGRAM TO BE ADMINISTERED BY THE MISSISSIPPI DEVELOP-MENT AUTHORITY FOR THE PURPOSE OF PROVIDING LOANS TO CERTAIN INDUSTRIES THAT HAVE BEEN OPERATING IN THIS STATE FOR NOT LESS THAN TWO YEARS; TO PROVIDE THAT THE LOANS SHALL BE UTILIZED BY INDUSTRIES TO DEPLOY LONG TERM FIXED ASSETS THAT THROUGH NEW TECHNOLOGY WILL IMPROVE PRODUCTIVITY AND COMPETITIVENESS; TO CREATE THE MISSISSIPPI EXISTING INDUSTRY PRODUCTIVITY LOAN FUND TO BE ADMINISTERED BY THE MISSISSIPPI DEVELOPMENT AUTHORITY; TO AUTHORIZE THE ISSUANCE OF $6,000,000.00 IN STATE GENERAL OBLIGATION BONDS TO PROVIDE FUNDS FOR THE MISSISSIPPI EXISTING INDUSTRY PRODUCTIVITY LOAN FUND; TO AUTHORIZE THE ISSUANCE OF $7,000,000.00 IN STATE GENERAL OBLIGATION BONDS TO PROVIDE FUNDS FOR THE ACE FUND; TO AMEND SECTION 57 1 16, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE MISSISSIPPI DEVELOPMENT AUTHORITY TO UTILIZE THE PROCEEDS OF GENERAL OBLIGATION BONDS ISSUED FOR THE ACE FUND TO REIMBURSE THE AUTHORITY FOR REASONABLE ACTUAL AND NECESSARY COSTS INCURRED IN PROVIDING ASSISTANCE FROM THE ACE FUND; TO LIMIT THE AMOUNT OF SUCH REIMBURSEMENTS TO AN AMOUNT NOT TO EXCEED 3% OF THE GENERAL OBLIGATION BONDS ISSUED FOR GRANTS; TO REQUIRE THAT BUSINESSES OR INDUSTRIES SEEKING ASSISTANCE FROM THE ACE FUND PROVIDE CERTAIN INFORMATION AND ENTER INTO CERTAIN AGREEMENTS; TO AMEND SECTION 57 61 25, MISSISSIPPI CODE OF 1972, TO INCREASE BY $14,000,000.00 THE AMOUNT OF GENERAL OBLIGATION BONDS THAT MAY BE ISSUED UNDER THE MISSISSIPPI BUSINESS INVESTMENT ACT; TO AMEND SECTION 57 61 34, MISSISSIPPI CODE OF 1972, TO INCREASE BY $7,000,000.00 THE AMOUNT OF BOND PROCEEDS THAT THE MISSISSIPPI DEVELOPMENT AUTHORITY MAY UTILIZE UNDER THE MISSISSIPPI BUSINESS INVESTMENT ACT FOR INTEREST BEARING LOANS TO MUNICIPALITIES OR PRIVATE COMPANIES TO AID IN THE ESTABLISHMENT OF BUSINESS INCUBATION CENTERS AND THE CREATION OF NEW AND EXPANDING RESEARCH AND DEVELOPMENT AND TECHNOLOGY BASED BUSINESS AND INDUSTRY; TO AMEND SECTION 57 61 36, MISSISSIPPI CODE OF 1972, TO INCREASE BY $7,000,000.00 THE AMOUNT OF BOND PROCEEDS THAT THE MISSISSIPPI DEVELOPMENT AUTHORITY MAY UTILIZE UNDER THE MISSISSIPPI BUSINESS INVESTMENT ACT TO MAKE GRANTS OR LOANS TO COUNTIES AND MUNICIPALITIES THROUGH AN EQUIPMENT AND PUBLIC FACILITIES GRANT AND LOAN FUND TO AID IN INFRASTRUC-TURE RELATED IMPROVEMENTS, THE PURCHASE OF EQUIPMENT AND IN THE PURCHASE, CONSTRUCTION OR REPAIR AND RENOVATION OF PUBLIC FACILITIES; TO ESTABLISH AN INCOME TAX CREDIT FOR MANUFAC-TURING ENTERPRISES THAT HAVE OPERATED IN THIS STATE FOR NOT LESS THAN TWO YEARS IN AN AMOUNT EQUAL TO A CERTAIN PERCENTAGE OF THE ENTERPRISE'S INVESTMENT IN BUILDINGS OR EQUIPMENT; TO PROVIDE THAT ANY SUCH TAX CREDIT CLAIMED BUT NOT USED IN ANY TAXABLE YEAR MAY BE CARRIED FORWARD FOR FIVE YEARS FROM THE CLOSE OF THE TAX YEAR IN WHICH THE ELIGIBLE INVESTMENT WAS MADE; TO PROVIDE THAT THE CREDIT TAKEN IN ANY ONE TAX YEAR IS LIMITED TO AN AMOUNT NOT GREATER THAN 50% OF THE TAXPAYER'S STATE INCOME TAX LIABILITY WHICH IS ATTRIBUTABLE TO INCOME DERIVED FROM OPERATIONS IN THE STATE FOR THAT YEAR; TO PROVIDE THAT THE MANUFACTURING ENTERPRISE MUST INVEST AT LEAST $1,000,000.00 TO BE ELIGIBLE FOR THE CREDIT; TO PROVIDE THAT THE MAXIMUM CUMULATIVE CREDIT THAT MAY BE CLAIMED BY A TAXPAYER FOR ANY ONE PROJECT IS LIMITED TO $1,000,000.00; TO PROVIDE FOR RECAPTURE OF THE CREDIT UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 27 31 101, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD OF SUPERVISORS OF COUNTIES AND THE GOVERNING AUTHORITIES OF MUNICIPALITIES TO GRANT CERTAIN AD VALOREM TAX EXEMPTIONS TO DATA/INFORMATION PROCESSING ENTERPRISES AND TECHNOLOGY INTENSIVE ENTERPRISES MEETING MINIMUM CRITERIA ESTABLISHED BY THE MISSISSIPPI DEVELOPMENT AUTHORITY; TO AMEND SECTION 27 65 17, MISSISSIPPI CODE OF 1972, TO IMPOSE THE SALES TAX AT A REDUCED RATE ON CERTAIN SALES OF MACHINERY AND MACHINE PARTS TO A TECHNOLOGY INTENSIVE BUSINESS FOR PLANT USE; TO AMEND SECTION 27 65 19, MISSISSIPPI CODE OF 1972, TO REDUCE THE SALES TAX ON CERTAIN FUELS SOLD TO OR USED BY TECHNOLOGY INTENSIVE ENTERPRISES; TO AMEND SECTION 27 65 101, MISSISSIPPI CODE OF 1972, TO EXEMPT FROM SALES TAXATION SALES OF COMPONENT MATERIALS USED IN THE CONSTRUCTION OF A FACILITY, OR ANY ADDITION OR IMPROVEMENT TO SUCH FACILITY, AND SALES OR LEASES OF MACHINERY AND EQUIPMENT TO BE USED IN SUCH FACILITIES, ADDITIONS OR IMPROVEMENTS, TO PERMANENT BUSINESS ENTERPRISES OPERATING A DATA/INFORMATION ENTERPRISE IN A TIER THREE AREA MEETING MINIMUM CRITERIA ESTABLISHED BY THE MISSISSIPPI DEVELOPMENT AUTHORITY; TO EXEMPT FROM SALES TAXATION SALES OF COMPONENT MATERIALS USED IN THE CONSTRUCTION OF A FACILITY, OR ANY ADDITION OR IMPROVEMENT TO SUCH FACILITY, AND SALES OF MACHINERY AND EQUIPMENT TO BE USED IN SUCH FACILITIES, ADDITIONS OR IMPROVEMENTS, TO TECHNOLOGY INTENSIVE ENTERPRISES FOR INDUSTRIAL PURPOSES IN A TIER THREE AREA; TO REDUCE THE SALES TAXATION ON SALES OF COMPONENT MATERIALS USED IN THE CONSTRUCTION OF A FACILITY, OR ANY ADDITION OR IMPROVEMENT TO SUCH BUILDING, AND SALES OR LEASES OF MACHINERY AND EQUIPMENT TO BE USED IN SUCH BUILDINGS, ADDITIONS OR IMPROVEMENTS, TO PERMANENT BUSINESS ENTERPRISES OPERATING A DATA/INFORMATION ENTERPRISE IN A TIER ONE OR TIER TWO AREA MEETING MINIMUM CRITERIA ESTABLISHED BY THE MISSISSIPPI DEVELOPMENT AUTHORITY; TO REDUCE THE SALES TAXATION ON SALES OF COMPONENT MATERIALS USED IN THE CONSTRUCTION OF A FACILITY, OR ANY ADDITION OR IMPROVEMENT TO SUCH FACILITY, AND SALES OF MACHINERY AND EQUIPMENT, TO TECHNOLOGY INTENSIVE ENTERPRISES FOR INDUSTRIAL PURPOSES IN A TIER ONE OR TIER TWO AREA; TO AMEND SECTION 57 73 21, MISSISSIPPI CODE OF 1972, TO REVISE THE AMOUNT OF THE JOB TAX CREDIT FOR CERTAIN PERMANENT BUSINESS ENTERPRISES TO PROVIDE THAT THE AMOUNT OF THE CREDIT SHALL BE A CERTAIN PERCENTAGE OF SUCH ENTERPRISE'S PAYROLL; TO AMEND SECTION 57 10 401, MISSISSIPPI CODE OF 1972, TO INCLUDE CERTAIN INFORMATION PROCESSING BUSINESSES, NATIONAL OR REGIONAL HEADQUARTERS, RESEARCH AND DEVELOPMENT FACILITIES AND TECHNOLOGY INTENSIVE ENTERPRISES OR FACILITIES WITHIN THE DEFINITION OF THE TERM "ELIGIBLE COMPANY"; TO AMEND SECTIONS 57 62 5 AND 57 62 9, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF THE TERM "QUALIFIED BUSINESS OR INDUSTRY" UNDER THE MISSISSIPPI ADVANTAGE JOBS ACT TO ALLOW A BUSINESS TO BE ELIGIBLE FOR THE INCENTIVE PAYMENT UNDER THE ACT IF IT IS A DATA/INFORMATION PROCESSING ENTERPRISE, MANUFACTURING OR DISTRIBUTION ENTERPRISE OR A RESEARCH AND DEVELOPMENT OR TECHNOLOGY INTENSIVE ENTERPRISE THAT MEETS CERTAIN CRITERIA; TO REQUIRE APPLICANTS FOR THE INCENTIVE PAYMENTS UNDER THE ACT TO EXECUTE A PERFORMANCE AGREEMENT WITH THE MISSISSIPPI DEVELOPMENT AUTHORITY THAT SPECIFIES THE MANNER IN WHICH THE APPLICANT WILL UTILIZE THE INCENTIVE PAYMENT; TO AMEND SECTION 57 62 13, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

2. AN ACT MAKING AN ADDITIONAL APPROPRIATION OF GENERAL AND SPECIAL FUNDS TO DEFRAY THE EXPENSES OF THE FOLLOWING ENTITIES FOR FISCAL YEAR 2005: THE DEPARTMENT OF HUMAN SERVICES, THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, STATE OF MISSISSIPPI BONDS AND INTEREST, THE OFFICE OF THE ATTORNEY GENERAL, THE DEPARTMENT OF FINANCE AND ADMINISTRATION, THE JUDICIAL PERFORMANCE COMMISSION, THE OIL AND GAS BOARD, THE STATE DEPARTMENT OF HEALTH, THE PUBLIC SERVICE COMMISSION, THE BOARD OF DENTAL EXAMINERS, THE BOARD OF PUBLIC CONTRACTORS, THE DEPARTMENT OF REHABILIATION SERVICES, AND THE MISSISSIPPI STATE TAX COMMISSION; AND FOR RELATED PURPOSES.

3. AN ACT TO DIRECT THE STATE FISCAL OFFICER TO TRANSFER CERTAIN SPECIAL FUNDS INTO THE BUDGET CONTINGENCY FUND DURING FISCAL YEAR 2005; TO AMEND SECTION 4, CHAPTER 89, LAWS OF 2004, TO TRANSFER FUNDS IN THE FISCAL YEAR 2005 APPROPRIATION TO THE DEPARTMENT OF MENTAL HEALTH AMONG VARIOUS CATEGORIES; TO AMEND SECTION 3, CHAPTER 111, LAWS OF 2004, TO TRANSFER FUNDS IN THE FISCAL YEAR 2005 APPROPRIATION TO THE DEPARTMENT OF AUDIT AMONG VARIOUS CATEGORIES; TO AMEND CHAPTER 100, LAWS OF 2004, TO TRANSFER FUNDS IN THE FISCAL YEAR 2005 APPROPRIATION TO THE MISSISSIPPI EMERGENCY MANAGEMENT AGENCY AMONG VARIOUS PROGRAMS; TO AMEND SECTION 3, CHAPTER 94, LAWS OF 2004, TO TRANSFER FUNDS IN THE FISCAL YEAR 2005 APPROPRIATION TO THE MISSISSIPPI STATE TAX COMMISSION AMONG VARIOUS CATEGORIES; TO AMEND SECTION 3, CHAPTER 84, LAWS OF 2004, TO TRANSFER FUNDS IN THE FISCAL YEAR 2005 APPROPRIATION TO THE DEPARTMENT OF PUBLIC SAFETY AMONG VARIOUS CATEGORIES; TO AMEND SECTION 3, CHAPTER 128, LAWS OF 2004, TO TRANSFER FUNDS IN THE FISCAL YEAR 2005 APPROPRIATION TO THE MISSISSIPPI ARTS COMMISSION AMONG VARIOUS CATEGORIES; TO DIRECT THE STATE FISCAL OFFICER TO TRANSFER CERTAIN GENERAL FUNDS TO THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION DURING FISCAL YEAR 2005 IN ORDER TO REPLACE CERTAIN FUNDS PREVIOUSLY TRANSFERRED FROM THE STATE HIGHWAY FUND DURING FISCAL YEAR 2004; AND TO TRANSFER CERTAIN GENERAL FUNDS TO THE MISSISSIPPI DEVELOPMENT AUTHORITY DURING FISCAL YEAR 2005 IN ORDER TO FULFILL THE STATE'S OBLIGATIONS RELATING TO MISSISSIPPI BEEF PROCESSORS, LLC; AND FOR RELATED PURPOSES.

4. AN ACT TO REENACT SECTIONS 77-3-701 THROUGH 77-3-735, MISSISSIPPI CODE OF 1972, WHICH PROVIDE THE MISSISSIPPI TELEPHONE SOLICITATION ACT; TO AMEND REENACTED SECTION 77-3-717, MISSISSIPPI CODE OF 1972, TO REQUIRE THE PUBLIC SERVICE COMMISSION TO MAKE AVAILABLE THE STATE'S DATABASE TO THE FEDERAL TRADE COMMISSION FOR INCLUSION IN THE NATIONAL DATABASE; TO AMEND SECTION 77-3-737, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF REPEAL ON THOSE REENACTED SECTIONS; AND FOR RELATED PURPOSES.

5. AN ACT TO CREATE THE MISSISSIPPI MILITARY FAMILY RELIEF FUND; TO PROVIDE THAT MONEY IN THE FUND SHALL BE UTILIZED TO MAKE GRANTS TO FAMILIES THAT EXPERIENCE A FINANCIAL HARDSHIP AS A RESULT OF A FAMILY MEMBER WHO IS A MISSISSIPPI RESIDENT AND WHO IS A MEMBER OF THE MISSISSIPPI NATIONAL GUARD OR THE RESERVES OF THE ARMED FORCES OF THE UNITED STATES BEING CALLED TO ACTIVE DUTY AS A RESULT OF THE SEPTEMBER 11, 2001, TERRORIST ATTACKS; TO PROVIDE THAT THE ADJUTANT GENERAL SHALL ESTABLISH ELIGIBILITY REQUIREMENTS FOR RECEIPT OF THE GRANTS AND THE AMOUNT OF THE GRANTS BY RULE; TO AUTHORIZE RESIDENT INDIVIDUAL INCOME TAXPAYERS TO DESIGNATE ANY PORTION OF THEIR TAX REFUND FOR DEPOSIT INTO THE MISSISSIPPI MILITARY FAMILY RELIEF FUND; TO AMEND SECTION 33-3-11, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

6. AN ACT TO CODIFY SECTION 43-47-39, MISSISSIPPI CODE OF 1972, TO ESTABLISH A VULNERABLE ADULT TRAINING, INVESTIGATION AND PROSECUTION TRUST FUND TO ASSIST IN LAW ENFORCEMENT TRAINING RELATING TO THE VULNERABLE ADULTS ACT AND TO PROVIDE FUNDING FOR THE VULNERABLE ADULTS UNIT OF THE ATTORNEY GENERAL'S OFFICE; TO AMEND SECTION 41-59-75, MISSISSIPPI CODE OF 1972, TO REVISE THE DISPOSITION OF TRAUMA CARE FUNDS; TO CREATE A SPECIAL TRUST FUND TO BE DESIGNATED AS THE CHILD SUPPORT PROSECUTION TRUST FUND TO PROSECUTE DELINQUENT CHILD SUPPORT CASES; TO AMEND SECTION 99-19-73, MISSISSIPPI CODE OF 1972, TO INCREASE THE STANDARD STATE MONETARY ASSESSMENTS FOR THE PURPOSES OF THIS ACT, TO INCREASE FUNDING FOR ASSISTANT DISTRICT ATTORNEYS, TO ADD AN ASSESSMENT TO FUND THE LAW ENFORCEMENT OFFICERS DISABILITY BENEFITS TRUST FUND CREATED BY SENATE BILL NO. 2559, 2005 REGULAR SESSION, AND TO REVISE THE ASSESSMENTS DEDICATED TO THE SPINAL CORD AND HEAD INJURY TRUST FUND AND THE EMERGENCY MEDICAL SERVICES OPERATING FUND; TO AMEND SECTION 9-23-51, MISSISSIPPI CODE OF 1972, TO REVISE THE DISTRIBUTION OF FUNDS FROM THE DRUG COURT FUND; AND FOR RELATED PURPOSES.

[THIS AREA INTENTIONALLY LEFT BLANK]

Such other matters as may be submitted by the Governor for consideration during such Special Session.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Mississippi to be affixed.

DONE at the Capitol, in the City of Jackson, this the 12th day of May, in the year of our Lord, two thousand five, and of the Independence of the United States of America, the two hundred and twenty-eighth.

HALEY BARBOUR
GOVERNOR

BY THE GOVERNOR

SECRETARY OF STATE

Previous Comments

ID

137872

Comment

no wonder they don't get anything done...who can read something that long written in all caps (though i did enjoy pretending, as netiquette follows, that Barbour was shouting the whole thing)?? they probably have no idea what they are being called back for...

Author

dvc

Date

2005-05-12T20:00:01-06:00

ID

137873

Comment

Near as I can tell (I got a headache reading all that damn all-caps typing), he's found a use for all that money he cut from education and Medicaid? Swell guy. No wonder his approval rating is so rock-solid. I hope the Dems run somebody good in 2007, because this guy needs to go back to DC where he belongs. Cheers, TH

Author

Tom Head

Date

2005-05-12T20:48:18-06:00

ID

137874

Comment

The Coalition for Children and Public Education (headed by William Winter and Jack Reed), the Mississippi Association of School Superintendents, and the Mississippi School Board Association are requesting that all Mississippians concerned with and in support of full funding for MAEP gear up now for the Special Session (May 18). They are launching a new campaign, ìEducation: Keep the Promise.î They would like to see hundreds of letters calling for full funding of the Mississippi Adequate Education Program on every House and Senate memberís desk when they come in for the opening of the session next Wednesday. Please write and mail letters this weekend. The Capital address for members of both the House and Senate is: P.O. Box 1018 Jackson, MS 39215-1018 The following sample letter has been suggested, please modify to make it your own: [quote] Dear (Legislator): As a staunch supporter of education in Mississippi, I would like to remind you of the promise our state lawmakers made to fully fund the Mississippi Adequate Education Program if our school districts implemented a tough, new accountability system for our teachers and students. That system is well in place, but, sadly, some lawmakers now seem unwilling to keep their end of the bargain ñ as they were elected to do. Give us the resources and we will meet the task. Donít break your promise to the children of Mississippi ñ a promise written in law. Sincerely, [/quote] House of Representatives: Earle Banks (D) Cecil Brown (D) Credell Calhoun (D) Alyce G. Clark (D) Mary Coleman (D) Bill Denny (R) Jim Ellington (R) James Evans (D) Erik Fleming (D) Phillip Gunn (R) Gregory Holloway, Sr. (D) A. Chuck Middleton (D) John Reeves (R) Walter Robinson (D) Senate Hillman Frazier (D) Alice Harden (D) John Horhn (D) J. Walter Michel (R) Lynn Posey (D) Richard G. White (R)

Author

GDIModerate

Date

2005-05-13T07:30:50-06:00