DOCUMENT RESUME ED 393 471 IR 055 878 TITLE INSTITUTION .

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DOCUMENT RESUMEED 393 471TITLEINSTITUTIONPUB DATENOTEIR 055 878Selected Mississippi Library Laws: From theMississippi Code of 1972 current through the 1995Regular Session of the Mississippi Legislature.Mississippi Library Commission, Jackson.95210p.; Compiled by the Lawyers Cooperative PublishingCompany.PUB TYPELegal/Legislative/Regulatory Materials (090)EDRS PRICEDESCRIPTORSMF01/PC09 Plus Postage.Access to Information; Government Publications;*Government Role; Government School Relationship;*Legal Responsibility; *Libraries; Library Funding;Property Taxes; Public Officials; *Public Policy;*State Legislation; State Regulation*MississippiIDENTIFIERSABSTRACTThis document is a compilation of selected laws ofthe state of Mississippi that pertain to or impact libraries.Excerpts from the Mississippi state constitution, from theMississippi Code of 1972, and from relevant amendments are allincluded. Coverage of the statutes extends to issues such as: (1)legal holidays; (2) .liability; (3) zoning; (4) health, safety, andwelfare; (5) salaries and compensation for public employees; (6)ethics in government; (7) open meeting policies; (8) availability ofpublic records; (9) tax law; (10) public purchases; (11) lawspertaining to schools and education; and (12) laws governing theestablishment of libraries. **************************Reproductions supplied by EDRS are the best that can be made*from the original ******************************

U.S. DEPARTMENT OF EDUCATIONOffice of Educational Research and ImprovementEDUCATIONAL RESOURCES INFORMATIONCENTER (ERIC)O This document has been reproduced asreceived from the person or organizationoriginating It.O Minor changes have been made toimprove reproduction qualityROints of view or opinions stated in thisdocument do not necessarily representofficial OERI position or policySELECTEDMISSISSIPPI LIBRARY LAWS1995Provided by theMississippi Library Celmmission"PERMISSION TO REPRODUCE THISMATERIAL HAS BEEN GRANTED BYMary Ellen PellingtonTO THE EDUCATIONAL RESOURCESINFORMATION CENTER (ERIC)."

SELECTEDMISSISSIPPI LIBRARY LAWSfromThe Mississippi Code of 1972current throughThe 1995 Regular Session ofThe Mississippi Legislature1995Provided by theMississippi Library CommissionCompiled byLAWYERS COOPERATIVE PUBLISHINGTM, ROCHESTER, NEW YORKA DIVISION OF THOMSON LEGAL PUBLISHING, INC.

CATALOGING IN PUBLICATION DATASelected Mississippi library laws: from.the Missisippi Code of 1972, current through the 1995 regular session of theMississippi Legislature/compiled by the Lawyers Cooperative Publishing Company.P. CM.1. Library legislationMississippi. I. Lawyers Cooperative Publishing Company. II Mississippi Library Commission.KFM 6999.S4 1995 344.762092

FOREWORDThe Mississippi Library Commission is pleased to provide this publication whi,h is an updated cornl.ii. zion of selectedlaws of the State of Mississippi that pertain to or impact libraries. It can be used as a ready reference guide to assistlibrary directors, library trustees, and public officials.Mississippi Library Commissicl.Mary Ellen Pellington, Executive Director

TABLE OF CONTENTSPageThe Constitution of the State of MississippiMississippi Code of 1972Index13201

THE CONSTITUTION OF THESTATE OF MISSISSIPPIARTICLE 4.ARTICLE 8.Legislative DepartmentEducationARTICLE 4LEGISLATIVE DEPARTMENTPROHIBITIONSection 99.The Legislature shall not elect any other than its own officers and State Librarian.Editor's NoteThe amendment to Section 99 of Article 4 of the Mississippi Constitution of 1890 set out above was proposed by Laws, 1990, Chapter693 (Senate Concurrent Resolution No. 528), was ratified by the electorate on November 6, 1990, and was inserted as a part of the Constitution by proclamation of the Secretary of State on December 19, 1990.The United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment ofthis section by Laws, 1990, ch. 693, on September 11, 1990.Cross referencesElection of officers of legislature, see sections 38, 39.Election of state librarian, see section 106.MISCELLANEOUSSection 106.There shall be a state librarian, to be chosen by the legislature, on joint vote of the two (2) houses, to servefour (4) years, whose duties and compensation shall be prescribed by law.SOURCES: Laws, 1977, ch. 591, eff December 22, 1978.Editor's NoteThe amendment to Section 106 of Article 4 of the Constitution of 1890 set out above was proposed by Laws, 1977, ch. 591, being Senate Concurrent Resolution No. 587 of the 1977 regular session of the Legislature, and upon ratification by the electorate on November7, 1978, was inserted by proclamation of the Secretary of State on December 22, 1978.Cross referencesElection of state librarian, see section 99.ARTICLE 8EDUCATIONSection 210.No public officer of this state, or any district, county, city, or town thereof, nor any teacher or trustee ofany public school, shall be interested in the sale, proceeds, or profits of any books, apparatus, or furniture tobe used in any public school in this state. Penalties shall be provided by law for the violation of this section.Editor's NoteSenate Concurrent Resolution No. 514, enacted as Chapter 655, Laws, 1984, adopted by the Senate on April 26, 1984, and the Houseof Representatives on April 25. 1984, proposed to repeal section 210 of the Mississippi Constitution of 1890. The proposed repeal wassubmitted to the electorate on November 6, 1984, but was rejected.Cross referencesProhibitions against public officers having interest in public contracts, see sections 107. 109.1

MISSISSIPPI CODE1972TITLE 1LAWS AND STATUTESChapter 1. Code of 1972Chapter 5. Session Laws and JournalsCHAPTER 1Code of 1972IN GENERALSEC.1-1-11.Distribution of the Code of 1972.§ 1-1-11. Distribution of the Code of 1972.[Until Laws, 1995, ch. 486, § 1, is effectuated under Section 5 of the Voting Rights Act of 1965, thissection reads as follows:]The sets of the compilation of the Mississippi Code of 1972, so purchased by the state when received, shallbe distributed by the Office of the Secretary of State as follows:Fifty-six (56) sets to the Mississippi House of Representatives and forty (40) sets to the Mississippi Senate for the use of the Legislative Reference Bureau, legislative services offices, staffs and committeesthereof.Ten (10) sets to the Governor's Office; nine (9) sets to the Secretary of State; and twenty (20) sets to theAuditor's Office.One (1) set to each of the following: the Lieutenant Governor; each member of the Legislature; theTreasurer; each district attorney; each county attorney; each judge of the Court of Appeals and each judgeof the Supreme, circuit, chancery, county, justice and municipal courts; each Senator and Representativein Congress; State Superintendent of Education; Director of the Department of Finance and Administration; six (6) sets to the Performance Evaluation and Expenditure Review (PEER) Committee, two (2) setsto the Director of the Legislative Budget Office; the Commissioner of Agriculture and Commerce; eachMississippi Transportation Commissioner; six (6) sets to the Department of Corrections; the InsuranceCommissioner; the Clerk of the Supreme Court; the State Board of Health; each circuit clerk; each chancery clerk in the state for the use of the chancery clerk and the board of supervisors; each sheriff in thestate for the use of his office and the county officers; and each county for the county library (an additionalset for each of the last three (3) to be given in counties having two (2) judicial districts).Two (2) sets to the Department of Archives and History; sixty-eight (68) sets to the Attorney General'sOffice; six (6) sets to the Public Service Commission; four (4) sets to the Public Utilities Staff; thirty-six (36)sets to the State Tax Commission; two (2) sets to the State Personnel Board; six (6) sets to the State Law3

§ 1-1-11SELECTED MISSISSIPPI LIBRARY LAWSLibrary; one (1) set to the Library of Congress; ten (10) sets to the University of Mississippi Law School;one (1) set each to the Mississippi School for the Deaf and the Mississippi School for the Blind; one (1) seteach to the University of Mississippi, Mississippi State University, Mississippi University for Women,University of Southern Mississippi, Delta State University, Alcorn State University, Jackson StateUniversity, Mississippi Valley State University, and the Board of Trustees of State Institutions of HigherLearning; and one (1) set to the Supreme Court judges' conference room. In furtherance of the StateLibrary's reciprocal program of code exchange with libraries of the several states, the Secretary of Stateshall, at the direction and only upon the written request of the State Librarian, make distribution to suchlibrarian.One (1) set to each state junior or community college; three (3) sets to the Department of Wildlife, Fisheries and Parks; two (2) sets to the Department of Environmental Quality; and seven (7) sets to the Department of Human Services. One (1) set to each of the following: State Textbook Procurement Commission;University Medical Center; State Library Commission; Department of Agriculture and Commerce; Forestry Commission; and seventeen (17) sets to the Department of Public Safety. Also, one (1) set to each ofthe following: Adjutant General, Department of Economic and Community Development, Department ofBanking and Consumer Finance, Bureau of Buildings, Grounds and Real Property Management, the StateEducational Finance Commission, the Mississippi Board of Vocational and Technical Education, Divisionof Medicaid, State Board of Mental Health, and Department of Youth Services.The Secretary of State is authorized to distribute additional sets of the Mississippi Code, not to exceedthree (3) sets, to the office of each district attorney for the use of his assistants.The Secretary of State shall provide to the Mississippi House of Representatives and the Mississippi Senate the annual supplements to the Mississippi Code of 1972 for each set of the Code maintained by the Houseand Senate.The set of the Mississippi Code of 1972 to be provided each member of the Legislature shall be providedunless specifically waived by such legislator in writing.An elected or appointed officeholder in the State of Mississippi, except for a member of the Legislature,shall deliver to his successor in office, or to the Secretary of State, if there is no successor, the set of the Mississippi Code of 1972 provided the officeholder under this section.Before the Secretary of State shall deliver a copy of the Mississippi Code of 1972 to an individual officeholder, the Secretary of State shall prepare and submit a written agreement to the officeholder. Theagreement shall, among other provisions, state that the Code is the property of the State of Mississippi, thatit shall be transferred to the officeholder's successor in office, that the officeholder has an obligation to makesuch transfer and that the officeholder shall be responsible for the failure to deliver the Code and for anydamage or destruction to the Code, normal wear and tear excepted. The Secretary of State shall execute theagreement and forward it to the officeholder for execution. The Secretary of State shall not deliver the Codeto the officeholder until the executed agreement is received by him. The Secretary of State may include inthe agreement such other provisions as he may deem reasonable and necessary. In addition to damages orany other remedy for not transferring a set of the Code to his successor, an officeholder who does not transferhis set of the Code shall be guilty of a misdemeanor and shall, upon conviction, pay a fine of One ThousandDollars ( 1,000.00).Replacement of missing, damaged or destroyed sets or volumes of the Code provided by this chapter maybe obtained from the Code publisher through the Secretary of State at the established state cost, the cost tobe borne by the recipient.Provided, however, that no more than one (1) set of the Mississippi Code of 1972 shall be furnished to anyone (1) individual, regardless of the office or offices he may hold.[From and after the date Laws, 1995, ch. 486, § 1, is effectuated under Section 5 of the Voting RightsAct of 1965, this section reads as follows:1The sets of the compilation of the Mississippi Code of 1972, so purchased by the state when received, shallbe distributed by the Office of the Secretary of State as follows:Fifty-six (56) sets to the Mississippi House of Representatives and forty (40) sets to the Mississippi Senatefor the use of the Legislative Reference Bureau, legislative services offices, staffs and committees thereof.4

§ 1-1-11Ten (10) sets to the Governor's Office; nine (9) sets to the Secretary of State; and twenty (20) sets to theCODE OF 1972Auditor's Office.One (1) set to each of the following: the Lieutenant Governor; each member of the Legislature; the Treasurer; each district attorney; each county attorney; each judge of the Court of Appeals and each judge of theSupreme, circuit, chancery, county, family, justice and municipal courts; each Mississippi Senator and Mis-sissippi Representative in Congress; State Superintendent of Education; Director of the Department ofFinance and Administration; six (6) sets to the Performance Evaluation and Expenditure Review (PEER)Committee, two (2) sets to the Director of the Legislative Budget Office; the Commissioner of Agriculture andCommerce; each Mississippi Transportation Commissioner; six (6) sets to the Department of Corrections; theInsur ance Commissioner; the Clerk of the Supreme Court; the State Board of Health; each circuit clerk; eachchancery clerk in the state for the use of the chancery clerk and the board of supervisors; each sheriff in thestate for the use of his office and the county officers; and each county for the cou

Mississippi Legislature/compiled by the Lawyers Cooperative Publishing Company. P. CM. 1. Library legislationMississippi. I. Lawyers Cooperative Publishing Company. II Mississippi Library Commission. KFM 6999.S4 1995 344.762092