JACKSON - A bill to fine violators of Mississippi's open meetings law died Monday when House and Senate negotiators could not agree on the issue of attorney's fees.
Rep. Ed Blackmon, D-Canton, said Monday that House conferees on the bill wanted to eliminate court expenses and attorneys' fees from the bill. He said the fine of up to $100 on violators was enough.
Mississippi's open meetings law took effect Jan. 1, 1976. The law has been tinkered with over the years by strengthening sections dealing with definitions and executive sessions.
The one elusive element has been enforcement. Mississippi is one of only eight states with no provision to enforce its open meetings law, according to the Mississippi Center for Freedom of Information at the University of Mississippi.
People now can sue and win, but those who have violated the open meetings law cannot be fined.
A House version would have required public officials to pay the fine.
The Senate proposal would have levied the fine on the public body. Both versions would have allowed a plaintiff to collect expenses for bringing the lawsuit.
Blackmon said there were public entities that could not afford attorney's fees and expenses that might run into the thousands of dollars.
"I just didn't want to put those people in small towns at risk of having unexpected expenses such as attorneys' fees and other costs," Blackmon said. "Under the bill, you could inadvertently violate the act and the court award those cost plus the fine."
Blackmon said he would be willing to look at the bill again next year.
Monday was the deadline for House and Senate negotiators to complete work on compromise bills dealing with general law and proposed constitutional changes.
House and Senate conferees agreed on a proposed constitutional amendment to increase the terms of chancery and circuit judges to six years.
Rep. Johnny Stringer, D-Montrose, chairman of the House Constitution Committee, said the proposal would provide that judges elected after Jan. 1, 2003, shall hold office for six years.
Presently circuit and chancery judges are elected to four-year terms.
The issue would be submitted to voters for ratification in the November general election.
House and Senate negotiators also adopted a compromise that would allow a juvenile prison in Walnut Grove to house prisoners up to 20 years old. The age limit now in state law is 19 years.
The proposal also would allow the facility to be expanded from its present 500 juvenile offenders to 750.
The House and Senate on Monday approved a bill adding 40 new vanity tags to the dozens already in state law.
Annually groups come to lawmakers asking for the specialty tags. In the past, the more popular ones have been for colleges and a wildlife agency design depicting a hummingbird.
Proceeds from the extra fees on the tags are designated for specific programs.
The bill provides that beginning July 1 the Tax Commission would issue a new vanity tag only if the sponsoring organization guarantees that at least 200 will be sold. Present law is that a group must guarantee that at least 100 will be sold.
New license plates in the bill would include a NASCAR tag and a "Choose Life" tag.
Lawmakers expect the NASCAR tag to have wide support based on its success in other states.
The "Choose Life" tag would generate money for crisis pregnancy centers.
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