2013 CUMULATIVE SUPPLEMENT TO CODE MISSISSIPPI ANNOTATED 1972 Issued September 2013 CONTAINING PERMANENT PUBLIC STATUTES OF MISSISSIPPI ENACTED THROUGH THE 2013 REGULAR SESSION AND 1STAND 2ND EXTRAORDINARY SESSIONS OF THE LEGISLATURE PUBLISHED BYAUTHORITY OF THE LEGISLATURE SUPPLEMENTING Volume 5 (As Revised 2012) For latest statutes or assistance call 1-800-833-9844 By the Editorial Staffofthe Publisher m LexisNexis QUESTIONSABOUT THIS PUBLICATION? ForEDITORIALQUESTIONS concerningthis publication, orREPRINTPERMISSION,pleasecall: 800-833-9844 ForCUSTOMER SERVICEASSISTANCE concerningreplacementpages, shipments,billingorother matters, please call: CustomerServiceDepartmentat 800-833-9844 OutsidetheUnitedStates andCanada 518-487-3000 FAX 518-487-3584 ForINFORMATIONON OTHERMATTHEWBENDERPUBLICATIONS, pleasecall: Youraccountmanageror 800-223-1940 OutsidetheUnitedStates andCanada 518-487-3000 Copyright © 2013 by THE STATE OF MISSISSIPPI All rights reserved. LexisNexis and the Knowledge Burst logo are registered trademarks, and Michie is a trademark ofReed Elsevier Properties, Inc., used under license. Matthew Bender is a registered trademark ofMatthew Bender Properties, Inc. 5460524 ISBN 978-0-327-09628-3 (Code set) ISBN 978-0-7698-5378-9 (Volume 5) LexisNexis ' Matthew Bender & Company, Inc. 701 E.Water Street, Charlottesville, VA22902-5389 WWW. com lexisnexis. (Pub.44510) User's Guide In orderto assistboththelegal profession andthelaymanin obtainingthe maximumbenefitfrom the Mississippi Code of1972Annotated, aUser's Guide has been included in the main volume. This guide contains comments and information on the many features found within the Code intended to increase the usefulness ofthe Code to the user. iii PUBLISHER'S FOREWORD Statutes The 2013 Supplement to the Mississippi Code of 1972 Annotated reflects the statute law of Mississippi as amended by the Mississippi Legislature through the end ofthe 2013 Regular Session and 1st and 2nd Extraordinary Sessions. Annotations Case annotations are included based on decisions ofthe State and federal courts in cases arising in Mississippi. Annotations to collateral research references are also included. To better serve our customers by making our annotations more current, LexisNexishas changedthe sources that arereadtocreate annotations forthis publication. Rather than waiting for cases to appear in printed reporters, we now read court decisions as they are released by the courts. A consequence of this more current reading ofcases, as they are posted online on LexisNexis, is thatthe mostrecentcases annotatedmaynotyethave printreportercitations. These will be provided, as they become available, through later publications. This publication contains annotations taken from decisions ofthe Missis- sippi Supreme Court and the CourtofAppeals and decisions ofthe appropriate federal courts. These cases will be printed in the following reporters: Southern Reporter, 3rd Series United States Supreme Court Reports Supreme Court Reporter United States Supreme Court Reports, Lawyers' Edition, 2nd Series Federal Reporter, 3rd Series Federal Supplement, 2nd Series Federal Rules Decisions Bankruptcy Reporter Additionally, annotations have been taken from the following sources: American Law Reports, 6th Series American Law Reports, Federal 2nd Mississippi College Law Review Mississippi Law Journal Finally, published opinions of the Attorney General and opinions of the Ethics Commission have been examined for annotations. Amendment Notes Amendment notes detail how the new legislation affects existing sections. Editor's Notes Editor's notes summarize subject matter and legislative history of re- pealed sections, provide information as to portions oflegislative acts thathave not been codified, or explain other pertinent information. V Publisher's Foreword Joint Legislative Committee Notes Joint Legislative Committee notes explain codification decisions and corrections ofCode errors made by the Mississippi Joint Legislative Commit- tee on Compilation, Revision, and Publication ofLegislation. Tables The StatutoryTables volume adds tables showingdisposition oflegislative acts through the 2013 Regular Session and 1st and 2nd Extraordinary Sessions. Index The comprehensive Index to the Mississippi Code of 1972 Annotated is replaced annually, and we welcome customer suggestions. The foreword to the Index explains our indexing principles, suggests guidelines for successful index research, and provides methods for contacting indexers. Acknowledgements The publisher wishes to acknowledge the cooperation and assistance rendered by the Mississippi Joint Legislative Committee on Compilation, Revision, and Publication ofLegislation, as well as the offices oftheAttorney General and Secretary ofState, in the preparation ofthis supplement. User Information Visit the LexisNexis website at http://www.lexisnexis.com for an online bookstore, technical support, customer support, and other company informa- tion. For further information or assistance, please call us toll-free at (800) 833-9844, fax us toll-free at (800) 643-1280, e-mail us at [email protected], or write to: Mississippi Code Editor, LexisNexis, 701 E. Water Street, Charlottesville, VA 22902-5389. September 2013 LexisNexis vi SCHEDULE OF NEW SECTIONS Added in this Supplement TITLE 17. LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES CHAPTER 1. Zoning, Planning and Subdivision Regulation LIMITATIONS ONAUTHORITY TO REGULATE HOW PRIVATE EMPLOYER PAYS ITS EMPLOYEES Sec. 17-1-51. Establishing a mandatory, minimum living wage rate, minimum num- ber ofvacation or sick days that would regulate how private employer pays employees prohibited; legislative findings. 17-1-53. Relation to Sections 17-21-1, 17-21-5 and 17-21-7. 17-1-55. Construction ofSections 17-1-51 through 17-1-55. CHAPTER 25. General Provisions Relating to Counties and Municipalities 17-25-29. Rights of members of member-owned water association or system to attend meetings; notice. TITLE 19. COUNTIESAND COUNTY OFFICERS CHAPTER 13. Contracts, Claims and Transaction ofBusiness with Counties IN GENERAL 19-13-22. Road maintenance agreements with certain taxpayers. 2013 Supplement 1 Digitized by the Internet Archive 2014 in https://archive.org/details/govlawmscode05s2013 CODE MISSISSIPPI 1972 ANNOTATED VOLUME FIVE TITLE 17 LOCAL GOVERNMENT^ PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES Chapter 1. Zoning, Planning and Subdivision Regulation 17-1-1 Chapter 25. General Provisions Relating to Counties and Municipalities 17-25-1 CHAPTER 1 Zoning, Planning and Subdivision Regulation Limitations on Authority to Regulate How Private Employer Pays Its Employees 17-1-51 GENERAL PROVISIONS § 17-1-17. Changes. JUDICL\L DECISIONS 2. Changes in regulations, restric- ing request because the resident was not tions, and boundaries. given notice ofthe board's meeting where Resident's due process rights were vio- hisrezoningrequestwasdenied. McKeev. lated when a city's board of aldermen City ofStarkville, 97 So. 3d 97 (Miss. Ct. failed to notify him ofthe board meeting App. 2012). where it considered and denied his rezon- LIMITATIONS ON AUTHORITY TO REGULATE HOW PRIVATE EMPLOYER PAYS ITS EMPLOYEES Sec. 17-1-51. Establishing a mandatory, minimum living wage rate, minimum num- ber ofvacation or sick days that would regulate how private employer pays employees prohibited; legislative findings. 17-1-53. Relation to Sections 17-21-1, 17-21-5 and 17-21-7. 17-1-55. Construction ofSections 17-1-51 through 17-1-55. 2013 Supplement 3 § 17-1-51 Local Government § 17-1-51. Establishing a mandatory, minimum living wage rate, minimum number of vacation or sick days that would regulate how private employer pays employees prohibited; legislative findings. (1) No county, board ofsupervisors ofa county, municipality or governing authority ofa municipality is authorized to establish a mandatory, minimum living wage rate, minimum number ofvacation or sick days, whether paid or unpaid, that would regulate how a private employer pays its employees. Each county, board ofsupervisors ofa county, municipalityorgoverning authority of a municipality shall be prohibited from establishing a mandatory, minimum living wage rate, minimum number ofvacation or sick days, whether paid or unpaid, that would regulate how a private employer pays its employees. (2) The Legislature finds that the prohibitions of subsection (1) of this section are necessaryto ensure an economic climate conduciveto newbusiness development and job growth in the State of Mississippi. We believe that inconsistent application ofwage and benefit laws from city to city or county to county must be avoided. While not suggesting a state minimum wage or minimum benefit package, any debate and subsequent action on these matters should be assigned to the Mississippi Legislature as provided in Section 25-3-40, and not local counties or municipalities. (3) The Legislature further finds that wages and employee benefits comprise the most significant expense of operating a business. It also recog- nizes thatneitherpotential employees orbusiness patrons are likelytorestrict themselves to employment opportunities or goods and services in any particu- lar county or municipality. Consequently, local variations in legally required minimumwage rates or mandatory minimum number ofvacation or sickleave days would threaten many businesses with a loss of employees to local governments which require a higher minimum wage rate and many other businesses with the loss ofpatrons to areas which allow for a lower wage rate and more or less vacation or sick days. The net effect ofthis situation wouldbe detrimental to the business environment of the state and to the citizens, businesses and governments ofthe localjurisdictions as well as the local labor markets. (4) The Legislature concludes from these findings that, in order for a business to remain competitive and yet attract and retain the highest possible caliber ofemployees, and thereby remain sound, an enterprise must work in a uniform environment with respect to minimum wage rates, and mandatory minimum number of vacation or sick leave days. The net impact of local variations in mandatedwages and mandatoryminimum numberofvacationor sick leave days would be economically unstable and create a decline and decrease in the standard ofliving for the citizens ofthe state. Consequently, decisions regarding minimum wage, living wage and other employee benefit policies must be made by the state as provided in Section 25-3-40, so that consistency in the wage market is preserved. 4 2013 Supplement