Jackson Free Press

The Mississippi Legislature churned like machinery last week, sending out bills in record time, and often with little discourse.

"We've done more work in the first two weeks than in any session that I've been in," says Rep. John Mayo, D-Clarksdale. "I think both houses are trying to outdo themselves."

The House was particularly productive, passing HB 409, which upgrades the state's seatbelt law to a primary offense. Current law only allows law enforcement to issue a ticket for driving without a seatbelt after your car is already pulled over for something else. If HB 409 survives a veto, a policeman could pull you over simply for not being strapped in.

Advocates for safer roads had pushed for the law upgrade last year but were unable to convince legislators to push the law through a committee. Some minority legislators argued that police looking for profiling methods would exploit the new version of the seatbelt law.

HB 191 also survived the House, promising more fire equipment funding for the state's rural, poorer areas. The Insurance Services Office (ISO) gauges the state's more than 750 fire departments and sets local homeowners' insurance prices based upon the fireman head count and the age of trucks and equipment. Areas with equipment in short supply or outmoded get a low grade and a few hundred dollars added to local homeowners' insurance.

HB 191 tries to counter this by providing funding for the Rural Fire Truck Program, which has been providing fire trucks to counties since 1995.

HB 882 also made a splash with a 104-to-13 vote in favor and is now on its way to the Senate for scrutiny. The bill, an amendment to a 1972 code, makes it easier to shoot an assailant in the middle of a criminal act. The specific language in the bill redefines "dwelling" to create a "presumption of the right to use defensive force, to specify when no duty to retreat exists, to provide immunity from criminal prosecution under certain circumstances as they relate to justifiable homicide, and to provide indemnification for certain legal expenses."

In short, the bill makes it easier to shoot a would-be assailant in your car or workplace.

The Senate's hard work on its newly birthed tobacco tax bill paid off in a big way, passing the House with a clear majority. The bill, if it is made law, will completely phase out food purchase tax within seven years, and add a 50-cent tax to cigarette purchases.

Robert S. McIntyre, director of Citizens for Tax Justice in Washington, had criticized Mississippi's tax system in 2003, pointing out that local sales taxes drained the middle and lower income classes by taking a cut out of essential purchases, such as food.

The state is actually one of 12 in the nation that still charges sales taxes on groceries, and while most states charge no sales tax on grocery purchases, many of those that do offer a tax reduce it from the statewide average sales tax. Mississippi even trails behind Louisiana—another state considered high in the use of regressive taxes—ever since that state eliminated its sales tax on food in 2002.

The bill is touted as a tax transferral, though lawmakers warn that the money collected from tobacco sales will not compensate for revenue lost to food sales, essentially making it a huge tax cut in a thin disguise.

"The tobacco tax will not bring the amount of money equal to what the food tax is, but the food tax isn't phased completely out for another eight years. We have eight years to rectify that," Mayo said.

If Gov. Haley Barbour vetoes the bill, he will come across like a neo-con forced into evolution by the rigors of state politics—that is, he will be made to stand against a major tax cut.

Sen. Mike Chaney, R-Vicksburg, says he's certain Barbour will veto the bill, and said he will be one of the senators voting to sustain the governor's veto if he does.

"It's a $347 million tax cut, and I've had the tax commission working on numbers since last Thursday. ... I wrote them on how it would affect education and in less than a 10-year period it could have as much as a half-million dollar decrease on general revenue," said Chaney, apparently no starve-the-beast devout when it comes to education.

"You've got to pay for the services that you're enjoying. You can't just lop off $5 million when we've been fighting to keep funding alive for K through 12 education."

Chaney said the Senate might not be successful in a veto override, saying the governor was only one vote short of sustaining a veto.

"You have one person who's not in, but it wouldn't matter either way. With Sen. Billy Harvey (D-Prentiss) being gone (for cancer treatment), you don't have to have a tie breaker."

The Senate was slightly less busy than the House last week. Chaney successfully extended the charter school study committee for one year, and the Senate passed its own versions of the seatbelt and cigarette tax increase bill.

Previous Comments

ID

65113

Comment

I was enjoying a very informative article, then I came across this statement: If Gov. Haley Barbour vetoes the bill, he will come across like a neo-con forced into evolution by the rigors of state politics—that is, he will be made to stand against a major tax cut. Come across to whom? Is this a quote from someone? Indirect discourse of some kind? Regardless, I think that the discussion of this bill on both Councilman Allen's and Rep. Fleming's blogs shows that this issue is much more complex than mere partisan politics.

Author

Justin

Date

2006-01-19T10:50:59-06:00

ID

65114

Comment

I don't really have anything constructive to say - I just wanted to note that the picture above is...um...interesting. (cracks rib from laughing) I'm gonna end up wearing a bulletproof vest if I don't stop saying stuff like this.

Author

LatashaWillis

Date

2006-01-19T12:18:05-06:00