2013 CUMULATIVE SUPPLEMENT TO CODE MISSISSIPPI ANNOTATED 1972 Issued September 2013 CONTAINING PERMANENT PUBLIC STATUTES OF MISSISSIPPI ENACTED THROUGH THE 2013 REGULAR SESSION AND 1ST AND 2ND EXTRAORDINARY SESSIONS OF THE LEGISLATURE PUBLISHED BYAUTHORITY OF THE LEGISLATURE SUPPLEMENTING Volume 9 (As Revised 2010) For latest statutes or assistance call 1-800-833-9844 By the Editorial Staffofthe PubHsher LexisNexis QUESTIONSABOUT THIS PUBLICATION? ForEDITORIALQUESTIONS concerningthispublication, orREPRINTPERMISSION, pleasecall: 800-833-9844 ForCUSTOMERSERVICEASSISTANCE concerningreplacementpages, shipments,bilhngorother matters, pleasecall: CustomerServiceDepartmentat 800-833-9844 OutsidetheUnitedStatesandCanada 518-487-3000 FAX 518-487-3584 ForINFORMATIONONOTHERMATTHEWBENDERPUBLICATIONS, 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. 5460924 ISBN 978-0-327-09628-3 (Code set) ISBN 978-1-4224-9142-3 (Volume 9) ®^ LexisNexis^ Matthew Bender & Company, Inc. 701 E. Water Street, Charlottesville, VA22902-5389 WWW. com lexisnexis. (Pub.445IO) User's Guide In orderto assistboththelegalprofession 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 sourcesthat arereadto create 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 mostrecent cases 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 andthe Court ofAppeals 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 StatutoryTablesvolume adds tables showingdispositionoflegislative 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 ofthe Attorney 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 29. PUBLIC LANDS, BUILDINGSAND PROPERTY CHAPTER 1. Public Lands IN GENERAL Sec. 29-1-149. Report oftransactions for all conveyances ofreal property. CHAPTER 3. Sixteenth Section and Lieu Lands IN GENERAL 29-3-92. Purchase ofeasements for access to sixteenth section or lieu lands; use ofeminent domain to acquire easement access prohibited. CHAPTER 5. Care ofCapitol, Old Capitol, State Office Buildings and Executive Mansion IN GENERAL 29-5-107. MississippiDepartmentofTransportationBuildingdesignated"William J. 'Billy' McCoy Building." 29-5-109. Mississippi Emergency ManagementAgency Building designated "Ha- ley R. Barbour Building." TITLE 31. PUBLIC BUSINESS, BONDSAND OBLIGATIONS CHAPTER 5. Public Works Contracts IN GENERAL 31-5-37. Contractors submittingbids forpublicworks projects utilizingspecified fundingrequired to submit employmentplanwithbid; contents ofplan; review ofindividuals for vacant positions. CHAPTER 17. State Bonds; Retirement ofBonds STATE BOND COMMISSION 31-17-5. Requests for proposals for bond counsel and certain information about bond counsel once selected to be posted on Department ofFinance and Administration and State Treasurer websites. TITLE 33. MILITARYAFFAIRS CHAPTER 15. Emergency Management and Civil Defense Article 5. DisasterAssistanceAct of 1993 33-15-308. Requisition of additional funds for Disaster Assistance Trust Fund to provide for disaster assistance. 2013 Supplement 1 Digitized by the Internet Arcliive 2014 in Iittps://arcliive.org/details/govlawmscode09s2013 CODE MISSISSIPPI 1972 ANNOTATED VOLUME NINE TITLE 29 PUBLIC LANDS, BUILDINGS AND PROPERTY Chapter 1. Pubhc Lands 29-1-1 Chapter 3. Sixteenth Section and Lieu Lands 29-3-1 Chapter 5. Care of Capitol, Old Capitol, State Office Buildings and Executive Mansion 29-5-1 , Chapter 9. Inventories ofState Property 29-9-1 Chapter 15. Public Trust Tidelands 29-15-1 CHAPTER 1 Public Lands In General 29-1-1 IN GENERAL Sec. 29-1-35. Sale ofland after buildings destroyed; factors Secretary of State may consider in determining sales price for land. 29-1-57. Sale ofbuildings, personal property andland associatedwith taxlands; factors Secretary of State may consider in determining sale price for land. 29-1-149. Report oftransactions for all conveyances ofreal property. 29-1-1. Purchase ofland by state; title to land acquired with state funds as under name of state; sale ofpublic lands; gift or donation of land to state; Secretary of State to sign conveyances; inventory of state lands; land purchased for benefit of state agency; use of assets of Public Employees' Retirement System restricted; cultural resources survey; land acquiredforhighways, throughfederalfunds orforthe Mississippi Major Economic Impact Authority projects ex- empt; recovery of expenses for record-keeping; require- 2013 Supplement 3 § 29-1-35 Public Lands, Buildings, Etc. ments for certain legislatively authorized conveyances of specifically described real property. — Editor's Note Laws of2011, ch. 381, § 1, provides: "SECTION 1. (1) The Secretary of State is hereby authorized in his discretion to convey and transfer to the United States ofAmerica for the use and occupancy ofthe United States Coast Guard the following buildings and improvements constructed on SingingRiverIsland and formerlyowned and used bythe United States ofAmericafor Naval Station Pascagoula: (a) Building 100 (Hazardous WasteWarehouse consistingof 2,162 square feet, more orless), (b) Building 102 (Hazardous Waste Office consistingof 82.5 square feet, more ofless), and (c) Building 110 (Port Operation Facility consisting of4,392 squarefeet, more orless), togetherwithallconcretepads andfences associated with or used in connection with said buildings. "(2) Such buildings and improvements may be donated or conveyed to the United States ofAmerica for the use and occupancy ofthe United States Coast Guard for any consideration and upon such otherterms and conditions as the Secretary ofState may deem advisable. "(3) The SecretaryofStateis authorizedtoconveyandtransfertitleto saidbuildings and improvements only. Any such conveyance shall provide that title to said buildings andimprovementsshallreverttotheStateofMississippiintheeventtheUnitedStates Coast Guard fails to maintain a lease ofthe land on which said buildings are situated or in the eventthe United States Coast Guard terminates operations on SingingRiver Island." § 29-1-35. Sale of land after buildings destroyed; factors Sec- retary of State may consider in determining sales price for land. Where buildings and improvements situated on tax-forfeited lands have been removed or destroyed by fire, v^indstorm, or flood, the Secretary ofState may, inhis discretion, sell the tax-forfeited lands for any amounthe may deem reasonable, irrespective ofthe amount oftaxes forv^hichthe propertywas sold tothe state. The Secretary ofState, in determiningthe sales price forthe land, maytake into accountthe costofcleanup andremovalofdebris from destroyed buildings and improvements situated thereon, or may contract v^ith the purchaser for cleanup and removal ofdebris from destroyed buildings as part ofthe consideration for sale ofthe land. SOURCES: Codes, 1942, § 4133; Laws, 1942, ch. 235; Laws, 2012, ch. 339, § 1, eff from and after July 1, 2012. — Amendment Notes The 2012 amendment rewrote the section. § 29-1-57. Sale ofbuildings, personal property and land asso- ciated with tax lands; factors Secretary of State may con- sider in determining sale price for land. Where tax-forfeited lands have situated thereon buildings or personal property which are deteriorating, the Secretary ofState may sell and dispose of the buildings, personal property and land for any consideration he may deem reasonable, irrespective ofthe amount oftaxes for which same was sold. 4 2013 Supplement