STATE OF MISSISSIPPI
Office of the Governor
A PROCLAMATION BY THE GOVERNOR TO THE MEMBERS OF THE LEGISLATURE:
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 June 28,
2009, at 2:00 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:
I . AN ACT TO IMPOSE A FEE OF $0.0125 PER CIGARETTE ON NONSETTLINGMANUFACTURER
CIGARETTES? TO REQUIRE MONTHLY REPORTING OF THE
NUMBER AND DENOMINATION OF STAMPS AFFIXED TO PACKAGES OF
NONSETTLING-MANUFACTURER CIGARETTES, THE NUMBER OF INDIVIDUAL
PACKAGES OF NONSETTLING-MANUFACTURER CIGARETTES SOLD OR
PURCHASED IN THIS STATE OR OTHERWISE DISTRIBUTED IN THIS STATE FOR
SALE IN THE UNITED STATES AND ANY OTHER INFORMATION THE STATE TAX
COMMISSION CONSIDERS NECESSARY OR APPROPRIATE TO DETERMINE THE
AMOUNT OF THE FEE IMPOSED BY THIS ACT OR TO ENFORCE THIS ACT? TO
REQUIRE REGISTRATION OF NONSETTLINGMANUFACTURERS WITH THE
ATTORNEY GENERAL? TO REQUIRE DEVELOPMENT, MAINTENANCE AND
PUBLICATION BY THE ATTORNEY GENERAL OF A LIST OF
NONSETTLING-MANUFACTURERS THAT HAVE CERTIFIED THEIR
COMPLIANCE WITH THIS ACT? TO PROVIDE FOR ENFORCEMENT OF THE
REQUIREMENTS IMPOSED BY THIS ACT.
2. AN ACT TO AUTHORIZE LAW ENFORCEMENT OFFICERS TO SEIZE TOBACCO
FOUND IN MISSISSIPPI THAT IS DETERMINED TO BE THE PRODUCT OF
CERTAIN ILLEGAL ACTS IF THE LAW ENFORCEMENT OFFICER ESTIMATES
THAT THE RETAIL VALUE OF THE PROPERTY SEIZED IS $15,000.00 OR MORE? TO
PROVIDE THAT TOBACCO THAT IS A PRODUCT OF AN ILLEGAL ACT SHALL BE
CONTRABAND GOODS FORFEITED TO THE STATE OF MISSISSIPPI? TO
PROVIDE THAT IF THE VALUE OF SUCH TOBACCO IS $15,000.00 OR MORE, THE
CUSTODY OF THE TOBACCO SHALL BE TURNED OVER TO THE CHAIRMAN OF
THE STATE TAX COMMISSION WHO SHALL HAVE AN INVENTORY AND
APPRAISAL OF THE TOBACCO PREPARED? TO PROVIDE THAT IF THE TOBACCO
RECEIVED FROM A LAW ENFORCEMENT
OFFICER HAS AN ESTIMATED RETAIL VALUE IN EXCESS OF $1,000,000.00, THE
STATE AUDITOR MAY, UPON THE REQUEST OF THE CHAIRMAN OF THE
STATE TAX COMMISSION, ASSIST IN CONDUCTING THE INVESTIGATION.
INVENTORY, APPRAISAL AND SALE OF THE TOBACCO RECEIVED? TO
PROVIDE THAT WHERE SUCH TOBACCO REPRESENTS MULTIPLE SEIZURES
OR ONE OR MORE SEIZURES WHERE THERE ARE MULTIPLE PERSONS OR
OWNERS HAVING A POTENTIAL INTEREST IN THE TOBACCO SEIZED, THE
CHAIRMAN OF THE STATE TAX COMMISSION MAY INVENTORY, APPRAISE AND
PROCEED WITH THE FORFEITURE AND SALE OF THE TOBACCO BASED ON
EACH SPECIFIC SEIZURE, PROBABLE COMMON INTEREST OR OWNERSHIP OF
THE TOBACCO OR A COMBINATION THEREOF? TO PROVIDE THAT NOTICE OF
THE SEIZURE AND THE IMPENDING FORFEITURE OF THE TOBACCO SHALL BE
GIVEN IN WRITING FOR FIVE DAYS AT THREE PLACES IN THE COUNTY WHERE
THE TOBACCO WAS SEIZED? TO PROVIDE THAT THE NOTICE SHALL DESCRIBE
THE PROPERTY, STATE THE TIME AND PLACE AND CAUSE OF SEIZURE AND
GIVE THE NAME AND PLACE OF RESIDENCE, IF KNOWN, OF THE PERSON FROM
WHOM THE PROPERTY WAS SEIZED, AND SHALL REQUIRE ANY PERSON
CLAIMING THE PROPERTY TO APPEAR AND MAKE SUCH CLAIMS IN WRITING,
WITHIN FIVE DAYS FROM THE DATE OF THE FIRST POSTING OF THE NOTICE?
TO PROVIDE THAT THE CHAIRMAN OF THE STATE TAX COMMISSION SHALL
DELIVER A COPY OF THE NOTICE TO THE PERSON OR PERSONS FROM WHOM
THE PROPERTY WAS SEIZED, AND ALSO TO THE OWNER, IF KNOWN? TO
PROVIDE THAT ANY PERSON CLAIMING THE SEIZED TOBACCO WITHIN THE
TIME SPECIFIED IN THE NOTICE MAY FILE A CLAIM AND BOND WITH THE
CHAIRMAN OF THE STATE TAX COMMISSION? TO PROVIDE THAT IF A CLAIM
AND BOND IS FILED WITH THE CHAIRMAN OF THE STATE TAX COMMISSION,
THE CHAIRMAN SHALL TRANSMIT THE SAME WITH THE DUPLICATE LIST OR
DESCRIPTION OF THE PROPERTY SEIZED TO THE COUNTY ATTORNEY OF THE
COUNTY OR THE DISTRICT ATTORNEY OF THE DISTRICT IN WHICH SUCH
SEIZURE WAS MADE, AND THE COUNTY ATTORNEY OR DISTRICT ATTORNEY,
AS THE CASE MAY BE, SHALL PROSECUTE THE CASE TO SECURE THE
FORFEITURE OF THE PROPERTY IN THE COURT HAVING JURISDICTION UNDER
THE STATE TOBACCO TAX LAW? TO PROVIDE THAT IF NO CLAIM IS FILED WITH
THE CHAIRMAN OF THE STATE TAX COMMISSION, AND NO BOND IS GIVEN
WITHIN THE TIME SPECIFIED, THE TOBACCO SHALL BE FORFEITED WITHOUT
FURTHER PROCEEDINGS AND SHALL BE SOLD? TO PROVIDE THAT THE
TOBACCO SHALL BE OFFERED FOR SALE BY THE CHAIRMAN OF THE STATE
TAX COMMISSION AT PUBLIC AUCTION TO THE HIGHEST BIDDER AFTER
ADVERTISEMENT? TO PROVIDE THAT THE CHAIRMAN OF THE STATE TAX
COMMISSION MAY REJECT THE HIGHEST BID IF HE DETERMINES THAT IT IS
NOT EQUAL TO THE REASONABLE VALUE OF THE PROPERTY BEING SOLD AND
REQUEST ANOTHER BID OR MAY OFFER THE PROPERTY FOR SALE IN SMALLER
LOTS? TO PROVIDE FOR THE DISTRIBUTION OF THE PROCEEDS RECEIVED
FROM ANY SUCH SALE? TO PROVIDE THAT A PURCHASER OF CIGARETTES AT
SUCH A SALE SHALL, WITHIN 72 HOURS FROM RECEIPT OF THE CIGARETTES
FROM THE STATE TAX COMMISSION, CAUSE MISSISSIPPI CIGARETTE STAMPS
TO BE AFFIXED TO THE CIGARETTES PURCHASED OR SHIP THE CIGARETTES
TO A LOCATION OUTSIDE THE STATE OF MISSISSIPPI? TO PROVIDE THAT IF,
BECAUSE OF THE VOLUME PURCHASE, THE PURCHASER IS UNABLE TO STAMP
OR DISPOSE OF THE TOBACCO WITHIN THE 72HOUR
TIME PERIOD, THE
CHAIRMAN OF THE STATE TAX COMMISSION MAY EXTEND SUCH TIME PERIOD?
TO PROVIDE THAT IF THE PURCHASER IS A LICENSED WHOLESALER WHO IS A
QUALIFIED INTERSTATE DEALER UNDER THE STATE TOBACCO TAX LAW, HE
WILL HAVE THE OPTION OF PLACING THE CIGARETTES IN HIS SEGREGATED
STOCK FOR INTERSTATE BUSINESS WITHIN THE SAME 72HOUR
PERIOD
WITHOUT AFFIXING MISSISSIPPI CIGARETTE STAMPS TO THE CIGARETTES? TO
PROVIDE THAT IF THE PURCHASER MAINTAINS A BONDED WAREHOUSE
UNDER THE STATE TOBACCO TAX LAW, THE PURCHASER WILL HAVE THE
OPTION OF
PLACING THE CIGARETTES IN THE BONDED WAREHOUSE WITHIN THE
72-HOUR PERIOD WITHOUT AFFIXING MISSISSIPPI CIGARETTE STAMPS TO
THE CIGARETTES? TO PROVIDE THAT IF, BECAUSE OF THE VOLUME OF THE
PURCHASE, THE PURCHASER IS UNABLE TO STAMP OR DISPOSE OF THE
CIGARETTES WITHIN THE 72-HOUR TIME PERIOD, THE CHAIRMAN OF THE
STATE TAX COMMISSION MAY EXTEND SUCH TIME PERIOD? TO AUTHORIZE
THE STATE TAX COMMISSION TO REQUIRE THE PURCHASER TO PROVIDE
INFORMATION REGARDING THE DISPOSITION OF THE CIGARETTES
PURCHASED AT THE SALE? TO AMEND SECTIONS 27-69-27, 27-69-53 AND
27-69-55, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF
THIS ACT.
3. AN ACT TO DIRECT THE STATE FISCAL OFFICER TO TRANSFER $165,580,247.00
FROM THE BUDGET CONTINGENCY FUND TO THE STATE GENERAL FUND?
$3,505,281.00 FROM THE HURRICANE DISASTER RESERVE FUND (FUND 37SS)
TO THE STATE GENERAL FUND? $13,006,065.00 FROM THE HURRICANE
DISASTER RECOVERY FUND (FUND 3996) TO THE STATE GENERAL FUND?
$4,974,032.00 FROM THE EMERGENCY AID FUND TO LOCAL GOVERNMENTS
FUND (FUND 39EA) TO THE STATE GENERAL FUND? TO DIRECT THE STATE
FISCAL OFFICER TO TRANSFER $30,059,168.00 FROM THE WORKING CASH
STABILIZATION RESERVE FUND (FUND 3992) TO THE BUDGET
CONTINGENCY FUND DURING FISCAL YEAR 2009.
4. AN ACT TO AMEND SECTION 4 OF SENATE BILL 1505, 2009 REGULAR SESSION,
TO DIRECT THE STATE FISCAL OFFICER TO TRANSFER DURING FISCAL YEAR
2010 $189,972,000.00 FROM THE STATE GENERAL FUND (FUND 2999) TO THE
BUDGET CONTINGENCY FUND? $500,000.00 FROM THE BOLL WEEVIL
MANAGEMENT FUND (FUND 3429) TO THE BUDGET CONTINGENCY FUND?
$20,000,000.00 FROM THE HURRICANE DISASTER RESERVE FUND (FUND 37SS)
TO THE BUDGET CONTINGENCY FUND? $64,940,832.00 FROM THE WORKING
CASH STABILIZATION RESERVE FUND (FUND 3992) TO THE BUDGET
CONTINGENCY FUND? $3,500,000.00 FROM THE DEPARTMENT OF INSURANCE
(FUND 3501) TO THE BUDGET CONTINGENCY FUND? $556,804.00 FROM THE
RESTITUTION FUND (FUND 3993) TO THE BUDGET CONTINGENCY FUND?
$3,000,000.00 FROM THE UNCLAIMED PROPERTY FUND (FUND 3178) TO THE
BUDGET CONTINGENCY FUND? $200,000.00 FROM THE ARCHIVES AND
HISTORY – NEW CAPITOL R&R FUND (FUND 3480) TO THE BUDGET
CONTINGENCY FUND? $1,210,094.00 FROM THE STATE PERSONNEL BOARD
(FUNDS 3610, 3614) TO THE BUDGET CONTINGENCY FUND? $1,000,000.00
FROM THE INFORMATION TECHNOLOGY SERVICES (FUND 3601) TO THE
BUDGET CONTINGENCY FUND? TO DIRECT THE STATE FISCAL OFFICER TO
TRANSFER $30,000,000.00 FROM THE TRANSPORTATION SUPPORT FUND (FUND
3941) TO THE STATE GENERAL FUND, PROVIDING EQUAL INSTALLMENTS
OVER A SIX MONTH PERIOD BEGINNING AUGUST I, 2009, AND THAT THE FULL
AMOUNT OF THE TRANSFER BE RETURNED TO THE TRANSPORTATION
SUPPORT FUND PRIOR TO JULY 1, 2013.
5. AN ACT TO APPROPRIATE $27,000,000.00 FOR FISCAL YEAR 2010 FROM
BUDGET CONTINGENCY FUND TO THE MOTOR VEHICLE AD VALOREM TAX
REDUCTION FUND.
6. AN ACT TO PROVIDE DEFICIT APPROPRIATIONS FOR FISCAL YEAR 2009 FOR
OFFICE OF GOVERNOR DIVISION OF MEDICAID IN THE AMOUNT OF
$27,683,215.00? FOR UNIVERSITY OF MISSISSIPPI MEDICAL CENTER IN THE
AMOUNT OF $559,623.00? FOR DEPARTMENT OF MENTAL HEALTH IN THE
AMOUNT OF $7,000,000.00? FOR JUDGMENTS AND SETTLEMENTS OF THE
OFFICE OF ATTORNEY GENERAL IN THE AMOUNT OF $225,846.00.
7. AN ACT TO AMEND SECTION 6 OF HOUSE BILL NO. 364, 2009 REGULAR
SESSION, TO PROVIDE THAT AN APPROPRIATION OF NOT LESS THAN
$27,000,000.00 TO THE MOTOR VEHICLE AD VALOREM TAX REDUCTION
FUND FOR FISCAL YEAR 2010 IS NOT REQUIRED TO BE ENACTED DURING
THE 2009 REGULAR SESSION IN ORDER FOR CERTAIN PROVISIONS Oil
HOUSE BILL 364 TO TAKE EFFECT FROM AND AFTER JULY 1, 2009.
8. AN ACT APPROVING THE EXPENDITURE OF SPECIAL FUNDS FOR THE
PURPOSE OF DEFRAYING THE EXPENSES OF THE TOMBIGBEE RIVER
VALLEY WATER MANAGEMENT DISTRICT FOR THE FISCAL YEAR 2010.
AN ACT MAKING AN APPROPRIATION FROM SPECIAL FUNDS IN THE STATE
TREASURY FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE
EXPENSES OF THE BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES’
RETIREMENT SYSTEM AND FOR THE MAINTENANCE AND OPERATION OP THE
RETIREMENT SYSTEM BUILDING FOR THE FISCAL YEAR 2010.
10. AN ACT MAKING AN APPROPRIATION FROM SPECIAL FUNDS IN THE STATE
TREASURY FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE STATE
OIL AND GAS BOARD FOR THE FISCAL YEAR 2010.
11. AN ACT MAKING AN APPROPRIATION FROM SPECIAL FUNDS IN THE STATE
TREASURY FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE
MISSISSIPPI PUBLIC SERVICE COMMISSION FOR THE FISCAL YEAR 2010.
12. AN ACT MAKING AN APPROPRIATION FROM SPECIAL FUNDS IN THE STATE
TREASURY FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE PUBLIC
UTILITIES STAFF FOR THE FISCAL YEAR 2010.
13. AN ACT MAKING AN APPROPRIATION FROM SPECIAL FUNDS IN THE STATE
TREASURY FOR THE PURPOSE OF DEFRAYING THE EXPENSES O ‘ THE
MISSISSIPPI REAL ESTATE COMMISSION FOR FISCAL YEAR 200.
14. AN ACT MAKING AN APPROPRIATION FROM SPECIAL FUNDS IN THE STATE
TREASURY FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF MISSISSIPPI
REAL ESTATE APPRAISER LICENSING AND CERTiFIC, : ,T1ON BOARD FOR THE
FISCAL YEAR 2010.
15. AN ACT MAKING AN APPROPRIATION FROM SPECIAL FUNDS IN THE STATE
TREASURY FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE
MISSISSIPPI ATHLETIC COMMISSION FOR THE FISCAL YEAR 2010.
16. AN ACT MAKING AN APPROPRIATION FROM SPECIAL FUNDS IN THE STATE
TREASURY FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE STATE
BOARD OF MEDICAL LICENSURE FOR THE FISCAL YEAR 2010.
17. AN ACT MAKING AN APPROPRIATION FROM SPECIAL FUNDS IN THE STATE
TREASURY FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE
MISSISSIPPI STATE BOARD OF PHYSICAL THERAPY FOR THE FISCAL YEAR
2010.
18. AN ACT APPROVING THE EXPENDITURE OF SPECIAL FUNDS FOR THE
PURPOSE OF DEFRAYING THE EXPENSES OF THE MISSISSIPPI STATE BOARD OF
PSYCHOLOGY FOR THE FISCAL YEAR 2010.
19. AN ACT APPROVING THE EXPENDITURE OF SPECIAL FUNDS FOR THE
PURPOSE OF DEFRAYING THE EXPENSES OF THE MISSISSIPPI COAST
COLISEUM COMMISSION FOR THE FISCAL YEAR 2010.
20. AN ACT MAKING AN APPROPRIATION FROM SPECIAL FUNDS IN THE STATE
TREASURY FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE
MISSISSIPPI STATE BOARD OF NURSING HOME ADMINISTRATORS FOR THE
FISCAL YEAR 2010.
21. AN ACT MAKING AN APPROi R1AT ION FROM SPECIAL FUNDS IN THE STATE
TREASURY FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE
MISSISSIPPI BOARD OF NURSING FOR THE FISCAL YEAR 2010.
22. AN ACT APPROVING THE EXPENDITURE OF SPECIAL FUNDS FOR THE
PURPOSE OF DEFRAYING THE EXPENSES OF THE STATE BOARD OF
REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS
FOR FISCAL YEAR 2010.
23. AN ACT APPROVING THE EXPENDITURE OF SPECIAL FUNDS FOR THE
PURPOSE OF DEFRA Y ING THE EXPENSES OF THE STATE BOARD OF
COSMETOLOGY FOR THE FISCAL YEAR 2010.
24. AN ACT MAKING AN APPROPRIATION FROM SPECIAL FUNDS IN THE STATE
TREASURY FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE
BOARD OF EXAMINERS FOR SOCIAL WORKERS AND MARRIAGE AND
FAMILY THERAPISTS FOR THE FISCAL YEAR 2010.
25. AN ACT MAKING AN APPROPRIATION FROM SPECIAL FUNDS 1N,THE STATE
TREASURY FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE
VETERANS’ HOME PURCHASE BOARD AND MAKING NEW HOME LOANS AS
AUTHORIZED BY LAW FOR THE FISCAL YEAR 2010.
26. AN ACT APPROVING THE EXPENDITURE OF SPECIAL FUNDS FOR THE
PURPOSE OF DEFRAYING THE EXPENSES OF THE STATE BOARD OF 3ARBER
EXAMINERS FOR THE FISCAL YEAR 2010.
27. AN ACT MAKING AN APPROPRIAT _ON FROM SPECIAL FUNDS IN THE STATE
TREASURY FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF TEE STATE
BOARD OF OPTCMETRY FOR THE FISCAL YEAR 2010.
28. AN ACT MAKING AN APPROPRIATION FROM SPECIAL FUNDS IN THE STATE
TREASURY FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE
MISSISSIPPI DEPARTMENT OF TRANSPORTATION, FOR T.- E FISCAL YEAR 2010.
29. AN ACT MAKING AN APPROPRIATION FROM SPECIAL FUNDS IN THE STATE
TREASURY FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE STATE
BOARD OF REGISTRATION FOR FORESTERS FOR THE FISCAL YEAR 2010.
30. AN ACT APPROVING THE EXPENDITURE OF SPECIAL FUNDS FOR THE
PURPOSE OF DEFRAYING THE EXPENSES OF THE PAT HARRISON
WATERWAY DISTRICT FOR THE FISCAL YEAR 2010.
31. AN ACT APPROVING THE EXPENDITURE OF SPECIAL FUNDS FOR THE
PURPOSE OF DEFRAYING THE EXPENSES OF THE YELLOW CREEK STATE
INLAND PORT AUTHORITY FOR THE FISCAL YEAR 2010.
32. AN ACT APPROVING THE EXPENDITURE OF SPECIAL FUNDS FOR THE
PURPOSE OF DEFRAYING THE EXPENSES OF THE PEARL RIVER BASIN
DEVELOPMENT DISTRICT FOR THE FISCAL YEAR 2010.
33. AN ACT APPROVING THE EXPENDITURE OF SPECIAL FUNDS FOR THE
PURPOSE OF DEFRAYING THE EXPENSES OF THE PEARL RIVER VALLEY
WATER SUPPLY DISTRICT FOR THE FISCAL YEAR 2010.
34. AN ACT MAKING AN APPROPRIATION OF SPECIAL FUNDS FOR THE
SUPPORT OF THE STATE DEPARTMENT OF BANKING AND CONSUMER
FINANCE FOR FISCAL YEAR 2010.
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