Fight the Power

Amile Wilson

Speaker Philip Gunn, R-Clinton, sponsored two bills lawmakers debated this week. The Child Protection Act requires certain people to report child sex abuse, while the Sunshine Act lets state agencies hire their own counsel.

by R.L. Nave
Feb. 8, 2012

When something called the Child Rape Protection Act passes by a margin of 106 votes to 9, you'd think that discussion would be minimal. That wasn't the case last week when House lawmakers spent more than four hours locking horns over the proposal, sponsored by Speaker Philip Gunn, R-Clinton, in its first floor debate of the session.

The act calls for mandatory reporting of sex crimes against children by health-care workers, clergy members, law-enforcement officers, film and photographic processors, teachers and child-care providers.

It also creates a civil penalty for helping a minor get an abortion. In cases where girls under age 14 have abortions, doctors will be required to keep a DNA sample from the fetus to determine who the father is.

Democrats called the bill ambiguous. House Minority Leader Bobby Moak, D-Bogue Chitto, said the bill as it's written could have unintended consequences. For example, a pharmacist who doesn't call the police after observing a minor buying condoms or a parent who fails to report a consensual sexual relationship their teenager is having with another teen each could be charged with a crime, he said.

"The premise (of the act) is to protect children--no one is against that. But the legislation is poorly written," Moak told the Jackson Free Press this week.

Speaking at the Capital Club Monday, Lt. Gov. Tate Reeves said "appropriate changes" would be made to the bill when it goes to the Senate. He pointed out that he listed protecting children and tightening regulations on abortions as two of his legislative priorities, which he outlined over the course of the week. In addition to the child protection law, Reeves proposed consolidating school districts in Sunflower County to save on the cost of administrators, issuing less bond debt and letting state agencies share services with each other.

Expanding state agencies' powers came up again Tuesday when the House Judiciary A Committee took up a bill that empowers state agencies, boards and commissions to hire their own attorneys if an agency director believes a conflict of interest exists with the attorney general, who typically represents the state in legal matters. Dubbed the Sunshine Act, the bill also requires legal services contracts over $100,000 to be forwarded to the Personal Service Contract Review Board for publication online.

"This clarifies the process and sheds some light on it," Rep. Trey Lamar, R-Senatobia, said. A lot of Democrats, however, believe the bill's sole purpose is to punish Attorney General Jim Hood for thumbing his nose at powerful Republicans and large corporations, and to roll back his powers.

Since Hood took office in 2004, he has sued cigarette maker J. Reynolds Tobacco Co., petroleum giant BP over its Gulf oil-spill-claims process and large insurers in the wake of Hurricane Katrina. More recently, Hood challenged the legality of pardons and commutations former Gov. Haley Barbour made before leaving office. The Supreme Court will review the case at a hearing Thursday, Feb. 9.

He declined to comment about the lawsuit, saying he did not want justices to think he was trying the case in the media.

Hood called the provision to let agencies hire their own lawyers "ludicrous." Although he acknowledged that the bill wouldn't preclude him from pursuing matters he thinks are in the state's interest, he's concerned the state about situations arising from the state having attorneys on opposite sides of a case.

"You can't have the state fighting itself," Hood said. "The state should speak with one voice."

Comment at http://www.jfp.ms.

House Bills of Note
HB 30--Provide for a spring season for squirrel hunting.
HB 36--Require applicants for gubernatorial pardon to give notice to district attorney to hold a public hearing.
HB 57--Prohibit elected official from changing political party affiliation during term of office.
HB 77--Require school districts to adopt policy and educate students on dating violence.
HB 80--Require health-insurance coverage for hearing aids for dependent children.
HB 84--Permit making of homemade beer for domestic or household use only.
HB 101--Allow parents with bona fide belief that immunizations will harm children to be exempt from immunization requirements.
HB 111--Indictment of elected officials results in suspension without pay, and conviction results in removal.
HB 120--Create offense for attempted murder.
HB 126--Create the offense of failure to report the death or disappearance of a child.
HB 137--Criminalize sextortion (using a cell phone to exploit children under age 18).
HB 138--Require testing of Medicaid applicants and recipients for illegal drugs.
HB 152--Authorize year-round hunting of wild hogs with proper permit or license.
HB 181--Clarify that wagering on certain athletic events is unlawful.

Follow legislation online and watch live feeds from the Capitol at billstatus.ls.state.ms.us.

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