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Senate, in 11th hour, tries to revive ballot initiative measure it previously killed

The Senate on Monday, at Lt. Gov. Delbert Hosemann’s request, voted to revive a measure it killed last week that would restore voters’ right to sidestep the Legislature and put issues on a statewide ballot.

“At my request, the Senate passed a suspension resolution to revive the initiative process (Monday) morning,” Hosemann said in a statement. “House leadership has also expressed a desire to continue working on this issue. If the House agrees to this suspension resolution, the Senate will again address legislation providing Mississippians with direct input on policy. We are hopeful to come to a final agreement before (the legislative session ends).”

As the 2023 legislative session enters what’s scheduled to be its final few days, the House would have to follow suit with a two-thirds vote to suspend rules and revive the ballot initiative measure. Then the two chambers would have to come to agreement on a final version.

But House Speaker Philip Gunn said he would need more information before deciding whether the House would take up the  Senate proposal to suspend the rules to pass an initiative proposal. He said the House had passed two initiative proposals – one last year and another this year – and both had been rejected by Senate leaders.

“We are clear on our position,” Gunn said. Unless the position in the Senate had changed on the initiative, Gunn asked, “What would be accomplished?” by taking up the rules suspension resolution.

In general, Gunn said he does not like such rules suspension resolutions because they could be used to try to revive other bills that had died earlier in the legislative process.

Citing irreconcilable differences between House and Senate positions, Senate Accountability Efficiency and Transparency Chairman John Polk, R-Hattiesburg, let the ballot initiative measure die with a deadline without a full Senate vote last week. A similar measure died in the Legislature without a final vote last year, after the state Supreme Court in 2021 shot down the ballot initiative right Mississippi voters had for three decades.

Hosemann last week said he was in favor of restoring the right — which is popular with voters according to recent polling — but that he lets his chairmen, such as Polk, make their own decisions.

The death of the bill drew bipartisan criticism, including from Hosemann’s challenger in the lieutenant governor GOP primary Sen. Chris McDaniel. If it stands, the bill’s death is likely to be an issue with voters in this year’s statewide elections.

READ MORE: Is ballot initiative a ‘take your picture off the wall’ issue for lawmakers?

Many Mississippians were angry when the state’s high court stripped voters of this right in 2021. This was in a ruling on a medical marijuana initiative voters had overwhelmingly passed, taking matters in hand after lawmakers had dallied for years on the issue. Legislative leaders were quick at the time with vows they would restore this right to voters, fix the legal glitches that prompted the Supreme Court to rule it invalid. Many lawmakers said they support the right.

The House and Senate versions of the measure, which would have required ratification by voters in November, differed. But both would have greatly restricted voters’ right to ballot initiative compared to the process that had been in place since 1992. Many supporters of restoring the right have been angered about legislative leaders’ proposals to date. In the House, most Democrats despite supporting restoration of the right voted “present” on the House version they found it so restrictive.

House Minority Leader Robert Johnson, D-Natchez, said if a bill is passed this session restoring the initiative, it should be a “clean” proposal that requires the same number of signatures to get an issue on the ballot as the initiative process that was struck down by the Supreme Court. Johnson said the proposal should not ban issues, such as abortion, from being taken up through the initiative process as was in the most recent House version.

The Senate position on the initiative would require the signatures of at least 240,000 registered voters to place an issue on a statewide ballot. The House version would require about 106,000, nearer the previous threshold required for the last 30 years.

Under both proposals, the Legislature by a simple majority vote could change or repeal an initiative approved by the electorate. Unlike the previous process voters had for decades, voters could only pass or change state laws, not the state constitution.

READ MORE: Senate kills Mississippi ballot initiative without a vote

Senate President Protem Dean Kirby, who proposed the rules suspension to revive the measure, on Monday said he believes many senators still support the higher signature threshold but, “Hopefully we can work out some kind of compromise.”

“We all want something passed,” Kirby said. “I think a lot of people out there do want a ballot initiative and we are going to make an effort.”

A recent Mississippi Today/Siena College poll shows Mississippi voters across the spectrum want their right to put issues directly on a statewide ballot restored.

The poll showed 72% favor reinstating ballot initiative, with 12% opposed and 16% either don’t know or have no opinion. Restoring the right garnered a large majority among Democrats, Republicans, independents and across all demographic, geographic and income lines. 

Rep. Sam Creekmore, R-New Albany, heard about the Senate’s attempt to revive the measure as he walked off the House floor Monday afternoon.

“Good,” Creekmore said. “Let’s get it done.”

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Reeves’ nominee to state Education Board rejected by Senate Education panel

The Senate Education Committee has rejected Gov. Tate Reeves’ nomination of DeSoto County resident Carra Powell to the Mississippi Board of Education.

Late Sunday, the Education Committee tabled the nomination. The Education Committee is expected to meet again before the session ends — presumably later this week — to take up the nomination of Robert Taylor for state superintendent of education.

At that meeting, an effort could be made to revive Powell’s nomination. On Sunday, Sen. Sollie Norwood, D-Jackson, made the motion to table the nomination. It was overwhelmingly approved on a voice vote. No one asked Senate Education Chair Dennis DeBar, R-Leakesville, for a roll call after the voice vote.

It is not unusual for such action to occur on a voice vote. But members have the option to ask for a show of hands or even a roll call if they believe the ruling of the chair is inaccurate.

No one asked for additional clarification of the vote.

Powell’s nomination was considered controversial. A resident of DeSoto County, near the Tennessee line, she is a registered lobbyist for a charter school association in Tennessee.

Before the vote, Reeves posted on social media, of Powell, “She is a strong conservative, active in her kids’ public schools, and a tremendous advocate for education freedom. Many left wing groups trying to stop her. Can’t imagine why! Do not let them win!”

Reeves had not yet posted on social media anything about the Education Committee’s decision. The Education Committee consists of 10 Republicans and five Democrats.

In Reeves’ first legislative session as governor, his nomination of former state Sen. Nancy Collins, R-Tupelo, to the state Board of Education also was rejected. She, like Powell, was opposed by many public education groups who voiced concern with her pro educational choice advocacy positions.

The nine-member Board of Education consists of four appointees of the governor and two each from the lieutenant governor and speaker of the House.

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Jackson County selects Catholic nonprofit as Singing River hospital’s new owner

Jackson County’s Board of Supervisors announced Monday it chose Louisiana Catholic nonprofit Franciscan Missionaries of Our Lady Health System to purchase the Gulf Coast’s Singing River Health System. 

The decision comes after an extensive proposal period in which potential buyers put in bids for the Mississippi hospital system. Singing River CEO Tiffany Murdock announced last year the 700-bed hospital system was seeking a buyer to put it on firmer footing for the future.

 “This is an exciting day for Singing River Health System,” Murdock said in a statement. “Our future with the Franciscan Missionaries of Our Lady Health System ensures that Singing River will be able to meet the needs of our employees, patients and community members for years to come. Together, we will build on the strong foundation Singing River has established since we first originated as Jackson County Hospital in 1931.”

While hospitals across Mississippi came out of the pandemic in the red, Singing River’s finances were in decent shape, and it even grew its revenue in 2021. Murdock said she was pushing for a buyer while the system was an appealing investment, fearing the challenges in years to come.

Tiffany Murdock, CEO of Singing River Health System, speaks during a public hearing over the potential sale of Singing River Health System during a Jackson County Board of Supervisors meeting in Pascagoula on Wednesday, Aug. 17, 2022. Credit: Hannah Ruhoff / Biloxi Sun Herald

“We’re coming at it now at a place of strength,” Murdock told a community group in the town of Hurley in August 2022. “And in five years, I can’t promise you the same thing.”

Hospitals have been facing increasing costs from labor to supplies. Rural Mississippi hospitals have been struggling to stay afloat. Singing River hopes that by teaming up with a larger system, they’ll be able to better trim costs because of the scale at which purchases are made. 

While not in danger of shuttering its doors like other hospitals in the state, Singing River hasn’t been without its own challenges since seeking a buyer. Its Gulfport hospital recently suspended its labor and delivery services because of a physician staffing shortage.

The system says it wants to reopen obstetric care but it’s unclear when that will happen. Its last day of service is April 1.

In its announcements about acquisition, Singing River said the Franciscan Missionaries of Our Lady Health System is committed to “keeping care local, investing in our community and investing in our people.” 

“We are excited about the possibilities for healthcare in our region and believe the Franciscan Missionaries of Our Lady Health System is the right choice,” Jackson Board of Supervisors President Ken Taylor said in a statement. “Fundamentally, they share our community values and have a mission to provide equal access to healthcare for all.”

The Catholic system already operates St. Dominic Memorial Hospital in Jackson and nine facilities throughout Louisiana. Its headquarters are in Baton Rouge.

Singing River has hospitals in Gulfport, Ocean Springs and Pascagoula and several walk-in clinics and other medical facilities across the Coast.

The post Jackson County selects Catholic nonprofit as Singing River hospital’s new owner appeared first on Mississippi Today.

On this day in 1867

MARCH 27, 1867

In one of the nation’s first sit-ins, a group of Black men boarded a “whites-only” streetcar in Charleston, South Carolina, sitting among the white passengers. The conductor ordered them to move. They stayed. The police ordered them to move. They stayed. The driver unhitched the horses and left the streetcar. 

Protests expanded beyond the single line, and police arrested 11. The continuing protests led Black residents to win the right to ride in the streetcars. Their victory expanded in June when the discrimination of railroads, horse-cars and steamboats were also banned.

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Podcast: Biggest surprises of the wild 2023 legislative session

Mississippi Today’s political team shares their biggest surprises of the 2023 legislative session, breaking down major issues that lawmakers are debating (or not debating) in the final days of the session.

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Lawmakers eye tornado relief as they haggle over state budget in final days of 2023 session

Legislative leaders, negotiating a state budget during the final days of the 2023 session, said they intend to provide funds to help with recovery efforts from Friday’s tornadoes that tore a path of death and destruction through the Delta and north Mississippi.

The storm has thus far resulted in 25 deaths in Mississippi and destroyed buildings stretching from the south Delta to the Amory area in northeast Mississippi.

House Speaker Philip Gunn, R-Clinton, was among the legislative leaders who visited Rolling Fork that suffered massive destruction. On Sunday he said legislators “stand ready to provide whatever monetary resources we can to help them.”

He said Sunday he was first told by Mississippi Emergency Management Agency officials $5 million might be needed to provide the state’s share to match the federal funds that will be available as a result of President Joe Biden issuing an emergency declaration. Later in the day, as more research was conducted, Gunn said $8 million might be needed. But he said as the recovery effort continues that number is fluid.

Gunn said the funds could be incorporated in the budget bill for MEMA. Unless a rules suspension is passed, legislators face a Monday night deadline to pass the appropriations bills to fund state government.

“I don’t think money will be the issue,” Gunn said. “I think the issue is how we help them get their lives back … I saw devastation like I have never seen before.”

Another area where the state might provide help, Senate Education Chair Dennis DeBar, R-Leakesville, said, is to the local schools. He said he has been talking with Lt. Gov. Delbert Hosemann and House leaders about the state paying the insurance deductibles for schools that were damaged by the storm both in the south Delta and in north Mississippi.

DeBar said there also could be a state fund created to provide immediate help for the schools until they receive the federal money they are in line to get because of the president’s emergency declaration.

Hosemann’s office said work is being done to help local school districts have locations as soon as possible where the displaced students can return to school.

While the storm has diverted some of the attention away from legislative leaders’ efforts to reach a budget deal, that work is continuing.

DeBar said he was “very disappointed” to read a Mississippi Today story on Saturday that quoted Gunn and other House leaders saying they will not agree to place additional money in the Mississippi Adequate Education Program that provides the state’s share of the needs for local school districts.

DeBar said if lawmakers put more money into education, it should be placed in the MAEP formula since it provides funds for basic needs, such as teacher salaries, custodians and lunchroom workers.

He said more money is needed in the formula because inflation has skyrocketed in recent years, yet the formula has been essentially level funded.

DeBar said Senate leaders will continue to push for additional MAEP funding this year, and he said he would resume that fight in the 2024 session if an agreement cannot be reached this year.

The post Lawmakers eye tornado relief as they haggle over state budget in final days of 2023 session appeared first on Mississippi Today.

Mississippi Stories: Alesha Judkins

Mississippi Today Editor-at-Large Marshall Ramsey and FWD.us State Director Alesha Judkins talk about Mississippi’s ongoing incarceration crisis for this episode of Mississippi Stories. FWD.us is a nonprofit advocacy group founded by technology and business executives that work to support immigration and criminal justice reform. Currently, Mississippi has the highest imprisonment rate in the nation and fives time the national average for the length of stay in jail. Judkins discusses what contributes to these statistics and what can be done to reform or alleviate the issues in our state’s prison system.


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On this day in 1937

MARCH 26, 1937

William H. Hastie

President Franklin D. Roosevelt appointed William H. Hastie as the first Black federal magistrate. 

Hastie served as a judge in the Virgin Islands before becoming dean of the Howard Law School in 1939. Two years after being appointed to aid Secretary of War Henry L. Stinson in reforming the military’s segregationist policies, Hastie resigned from the position to protest the “reactionary policies and discriminatory practices.” 

In 1949, President Harry Truman appointed him judge of the Third United States Circuit Court of Appeals, making him the first Black American to be appointed as a federal appeals court judge. After leaving the bench, he aided Thurgood Marshall in the NAACP’s groundbreaking litigation.

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Legislative rules say conference meetings are open. But are they?

House and Senate conferees met for days including through the Easter weekend in 1997 to hammer out an agreement on the landmark Mississippi Adequate Education Program legislation that was ultimately approved by both chambers.

All of those often intense and combustible meetings were open to the members of the media, who were on hand to see Senate negotiator Hob Bryan, D-Amory, storm out of the meeting in response to House proposals he found objectionable. Reporters also were on hand when the conferees, with the exception of then-Senate Appropriations Chair Dick Hall, R-Jackson, signed the compromise on the school funding formula, sending it on to the two chambers that approved it overwhelmingly.

Joint rule 23A of the Mississippi House and Senate stipulates that “all official meetings of any conference committee on a bill or on a resolution proposing a constitutional amendment shall be open to the public at all times, unless declared an executive session in accordance with the provisions of Section 25-41-7, Mississippi Code of 1972.”

That is the rule now, approved overwhelmingly by members of the House and Senate in 2020. It was not the rule in 1997 when House and Senate negotiators held open conference committee meetings on the MAEP. The House and Senate negotiators just thought it was the right thing to do.

As the 2023 session quickly approaches its scheduled conclusion, there are about 250 bills in conference, meaning on each bill three senators and three House members appointed by the two presiding officers are meeting to work out the differences in the House and Senate versions of the legislation.

Despite the joint rules approved by the House and Senate saying conference committees “shall be open,” many House and Senate members would have a bonafide conniption if a group of reporters or the general public tried to walk in on their conference meeting. Some conference committee meetings might be open on occasion, but not often and not like it used to be.

There was a time in the Legislature when reporters sat in the office of then-Lt. Gov. Phil Bryant as House and Senate negotiators tried to solve a budget deadlock. Reporters crowded into the office of then-Senate Appropriations Chair Jack Gordon and watched conferees talk about cars and food because they had nothing else to say about the then-ongoing budget impasse.

At one point, Republicans, including now-Speaker Philip Gunn, but at the time the minority leader, complained that the Democratic leadership of Speaker Billy McCoy was not negotiating on the budget in good faith with the Republican leadership of the Senate. McCoy and his budget leaders welcomed members of the House Republican minority to come to the open conference committees, where they could watch the budget negotiations in person.

In fairness to the current leadership, conference committees have never been completely open. The nature of the process makes that virtually impossible. At the end of the session, when conferencing kicks into high gear, a lot is going on and legislative leaders are not necessarily thinking about the importance of transparency, but simply trying to meet constitutionally imposed deadlines.

And often agreements are reached on bills with no formal conference meeting. The two primary conferees — one from the House and one from the Senate — might meet in passing in the halls of the Capitol and hammer out an agreement and ask the other conferees to sign off on the agreement at their convenience.

And truth be known, members of the media and the general public would not be interested in many of those bills.

But there are major pieces of legislation where there would be intense interest.

In the early 1990s, then House Education Chair McCoy and Senate Education Chair Ronnie Musgrove began holding their conference meetings in the open. There was no rule requiring them to do so. They just looked at it as an effort at transparency and perhaps good government.

The idea of the open conference committees grew, to a large extent, out of their actions. In theory, legislators still embrace the idea of open conference committee meetings in their joint rules, but in reality not so much — at least not so much thus far.

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