Mailbox rule; bring forward code sections related to.

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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) McCaughn

SENATE BILL NO. 2767

AN ACT TO BRING FORWARD SECTIONS 13-1-245, 23-15-47, 1
23-15-79, 23-15-299, 23-15-631, 23-15-645, 25-1-107, 41-9-105, 2
53-3-7, 65-43-83, 69-35-11, 73-11-53, 83-9-5 AND 97-19-57, 3
MISSISSIPPI CODE OF 1972, WHICH ARE RELATED TO THE MAILBOX RULE, 4
FOR PURPOSES OF POSSIBLE AMENDMENT; TO AMEND SECTION 65-43-79, 5
MISSISSIPPI CODE OF 1972, TO MAKE A TECHNICAL, NONSUBSTANTIVE 6
AMENDMENT; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 13-1-245, Mississippi Code of 1972, is 9
brought forward as follows: 10
13-1-245. (1) As used in this section: 11
(a) "Bank" means any state or national bank located in 12
Mississippi. 13
(b) "Custodian" includes a bank's operations officer 14
and any other person who is an official custodian of the bank's 15
records, as well as their deputies and assistants. 16
(c) "Customer" means any person or authorized 17
representative of a person who has maintained or is maintaining an 18
account or deposit of any type, or has utilized or is utilizing 19
any service of a bank, or for whom a bank has acted or is acting 20
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as a fiduciary in relation to an account or deposit maintained in 21
the person's name. 22
(d) "Financial record" means any record in any form, or 23
information derived from such record, that is maintained by a bank 24
and pertains to a deposit or account of a customer, a service of 25
the bank utilized by a customer or any other relationship between 26
a customer and the bank. 27
(e) "Governmental authority" includes the state, any 28
political subdivision, district and court, and any agency, 29
department, officer or authorized employee of any of those 30
entities. 31
(2) In any state court proceeding, if any party, including a 32
governmental authority, requests a subpoena duces tecum (to be 33
construed hereinafter to include a court order) to require a bank 34
to assemble or provide a customer's financial records, and the 35
bank is not a party to the proceeding or is a party solely by 36
reason of its holding assets of another party defendant with no 37
cause of action alleged against the bank, the party requesting the 38
subpoena shall pay to the court conducting the proceeding all 39
reasonable charges of the bank in searching for, reproducing and 40
transporting the records. This payment shall be made promptly 41
when the copy of the records is delivered to the proper person, as 42
provided in subsection (4) of this section, whether or not the 43
financial records are entered into evidence, and the amount of the 44
payment shall be the amount certified by the custodian in the 45
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affidavit required by subsection (6) of this section. The payment 46
of these reasonable charges shall be in addition to any witness 47
fees. 48
(3) Except as hereinafter provided, when a subpoena duces 49
tecum is served upon a custodian of records of any bank in any 50
state court proceeding in which the bank is not a party, or in 51
which the bank is a party solely by reason of its holding assets 52
of another party defendant with no cause of action alleged against 53
the bank, and such subpoena requires the production of a 54
customer's financial records, it shall be deemed sufficient 55
compliance if the custodian shall furnish a true and correct copy 56
of all records described in the subpoena. 57
(4) The copy of the records shall be separately enclosed in 58
an inner envelope or wrapper, sealed, with the title and number of 59
the action, name of witness and date of subpoena clearly inscribed 60
thereon. The sealed envelope or wrapper shall then be enclosed in 61
an outer envelope or wrapper, sealed, and directed as follows: If 62
the subpoena directs attendance in court, to the clerk of such 63
court or to the judge thereof; if the subpoena directs attendance 64
at a deposition, to the officer before whom the deposition is to 65
be taken, at a place designated in the subpoena for the taking of 66
the deposition or at his place of business; in other cases, to the 67
officer, body or tribunal conducting the hearing, at a like 68
address. 69
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(5) Unless the sealed envelope or wrapper is returned to a 70
witness who is to appear personally, the copy of the records shall 71
remain sealed and shall be opened only at the time of trial, 72
deposition or other hearing, upon the direction of the judge, 73
court, officer, body or tribunal conducting the proceeding, in the 74
presence of all parties who have appeared in person or by counsel 75
at such trial, deposition or hearing. However, the sealed 76
envelope or wrapper may be opened and the records examined prior 77
to the trial, deposition or hearing upon written consent of all 78
parties or their counsel of record. 79
(6) The records shall be accompanied by an affidavit of a 80
custodian stating in substance: (a) that the affiant is a duly 81
authorized custodian of the records and has authority to certify 82
such records; (b) that the copy is a true copy of all the records 83
described in the subpoena; (c) that the records were prepared by 84
the personnel of the bank, bank officers or persons acting under 85
the control of either, in the ordinary course of the bank's 86
business at or near the time of the act, condition or event 87
reported therein; and (d) certifying the amount of the reasonable 88
charges of the bank for furnishing such copies. If the bank has 89
none of the records described or only part thereof, the custodian 90
shall so state in the affidavit and furnish the affidavit and such 91
records as are available. The furnishing of the affidavit with 92
respect to such reasonable charges shall be sufficient proof of 93
such expense, which shall be taxed as costs of the court. All 94
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reasonable charges paid hereunder shall be remitted to the bank 95
not later than final determination of the suit by the court where 96
the suit is initiated. 97
(7) The copy of the record shall be admissible in evidence 98
to the same extent as though the original thereof were offered and 99
the custodian had been present and testified to the matters stated 100
in the affidavit. The affidavit shall be admissible in evidence 101
and the matters stated therein shall be presumed true in the 102
absence of a preponderance of evidence to the contrary. 103
(8) In rare cases where the personal attendance of the 104
custodian may be required, the subpoena duces tecum shall contain 105
a clause which reads: "The procedure authorized pursuant to 106
subsection (3) of this section will not be deemed sufficient 107
compliance with this subpoena." 108
(9) In rare cases where the personal attendance of the 109
custodian and the production of the original record may be 110
required, the subpoena duces tecum shall contain a clause which 111
reads: "Original records are required and the procedure 112
authorized pursuant to subsection (3) of this section will not be 113
deemed sufficient compliance with this subpoena." 114
If the bank does not have such original record, it shall 115
furnish such copies as it may have and shall be compensated as 116
provided for in this section. 117
(10) Original records may be withdrawn after introduction 118
into evidence and copies substituted, unless otherwise directed 119
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for good cause by the court, judge, officer, body or tribunal 120
conducting the hearing. The custodian may prepare copies of 121
original records in advance of testifying for the purpose of 122
making substitution of the original record, and reasonable charges 123
for furnishing such copies shall be taxed as costs of the court. 124
If copies are not prepared in advance, they can be made and 125
substituted at any time after introduction of the original record, 126
and reasonable charges for furnishing such copies shall be taxed 127
as costs of the court. 128
SECTION 2. Section 23-15-47, Mississippi Code of 1972, is 129
brought forward as follows: 130
23-15-47. (1) Any person who is qualified to register to 131
vote in the State of Mississippi may register to vote by mail-in 132
application in the manner prescribed in this section. 133
(2) The following procedure shall be used in the 134
registration of electors by mail: 135
(a) Any qualified elector may register to vote by 136
mailing or delivering a completed mail-in application to his or 137
her county registrar at least thirty (30) days before any 138
election; however, if the thirtieth day to register before an 139
election falls on a Sunday or legal holiday, the registration 140
applications submitted on the business day immediately following 141
the Sunday or legal holiday shall be accepted and entered into the 142
Statewide Elections Management System for the purpose of enabling 143
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voters to vote in the next election. The postmark date of a 144
mailed application shall be the applicant's date of registration. 145
(b) Upon receipt of a mail-in application, the county 146
registrar shall stamp the application with the date of receipt, 147
and shall verify the application either by matching the 148
applicant's Mississippi driver's license number through the 149
Mississippi Department of Public Safety or by matching the 150
applicant's social security number through the American 151
Association of Motor Vehicle Administrators. Within fourteen (14) 152
days of receipt of a mail-in registration application, the county 153
registrar shall complete action on the application, including any 154
attempts to notify the applicant of the status of his or her 155
application. 156
(c) If the county registrar determines that the 157
applicant is qualified and his or her application is legible and 158
complete, the county registrar shall mail the applicant written 159
notification that the application has been approved, specifying 160
the county voting precinct, municipal voting precinct, if any, 161
polling place and supervisor district in which the person shall 162
vote. This written notification of approval containing the 163
specified information shall be the voter's registration card. The 164
registration card shall be provided by the county registrar to the 165
applicant in accordance with Section 23-15-39. Upon entry of the 166
voter registration information into the Statewide Elections 167
Management System, the system shall assign a voter registration 168
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number to the applicant. The assigned voter registration number 169
shall be clearly shown on the written notification of approval. 170
In mailing the written notification, the county registrar shall 171
note the following on the envelope: "DO NOT FORWARD". If any 172
registration notification form is returned as undeliverable, the 173
voter's registration shall be void. 174
(d) A mail-in application shall be rejected for any of 175
the following reasons: 176
(i) An incomplete portion of the application makes 177
it impossible for the registrar to determine the eligibility of 178
the applicant to register; 179
(ii) A portion of the application is illegible in 180
the opinion of the county registrar and makes it impossible to 181
determine the eligibility of the applicant to register; 182
(iii) The county registrar is unable to determine, 183
from the address and information stated on the application, the 184
precinct in which the voter should be assigned or the supervisor 185
district in which he or she is entitled to vote; 186
(iv) The applicant is not qualified to register to 187
vote pursuant to Section 23-15-11; 188
(v) The county registrar determines that the 189
applicant is already registered as a qualified elector of the 190
county; 191
(vi) The county registrar is unable to verify the 192
application pursuant to subsection (2)(b) of this section. 193
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(e) If the mail-in application of a person is subject 194
to rejection for any of the reasons set forth in paragraph (d)(i) 195
through (iii) of this subsection, and it appears to the county 196
registrar that the defect or omission is of such a minor nature 197
and that any necessary additional information may be supplied by 198
the applicant over the telephone or by further correspondence, the 199
county registrar may write or call the applicant at the telephone 200
number or address, or both, provided on the application. If the 201
county registrar is able to contact the applicant by mail or 202
telephone, the county registrar shall attempt to ascertain the 203
necessary information, and if this information is sufficient for 204
the registrar to complete the application, the applicant shall be 205
registered. If the necessary information cannot be obtained by 206
mail or telephone, or is not sufficient to complete the 207
application within fourteen (14) days of receipt, the county 208
registrar shall give the applicant written notice of the rejection 209
and provide the reason for the rejection. The county registrar 210
shall further inform the applicant that he or she has a right to 211
attempt to register by appearing in person or by filing another 212
mail-in application. 213
(f) If a mail-in application is subject to rejection 214
for the reason stated in paragraph (d)(v) of this subsection and 215
the "present home address" portion of the application is different 216
from the residence address for the applicant found in the 217
Statewide Elections Management System, the mail-in application 218
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shall be deemed a written request to update the voter's 219
registration pursuant to Section 23-15-13. The county registrar 220
or the election commissioners shall update the voter's residence 221
address in the Statewide Elections Management System and, if 222
necessary, advise the voter of a change in the location of his or 223
her county or municipal polling place by mailing the voter a new 224
voter registration card. 225
(3) The instructions and the application form for voter 226
registration by mail shall be in a form established by rule duly 227
adopted by the Secretary of State. 228
(4) (a) The Secretary of State shall prepare and furnish 229
without charge the necessary forms for application for voter 230
registration by mail to each county registrar, municipal clerk, 231
all public schools, each private school that requests such 232
applications, and all public libraries. 233
(b) The Secretary of State shall distribute without 234
charge sufficient forms for application for voter registration by 235
mail to the Commissioner of Public Safety, who shall distribute 236
the forms to each driver's license examining and renewal station 237
in the state, and shall ensure that the forms are regularly 238
available to the public at such stations. 239
(c) Bulk quantities of forms for application for voter 240
registration by mail shall be furnished by the Secretary of State 241
to any person or organization. The Secretary of State shall 242
charge a person or organization the actual cost he or she incurs 243
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in providing bulk quantities of forms for application for voter 244
registration to such person or organization. 245
(5) The originals of completed mail-in applications shall 246
remain on file in the office of the county registrar with copies 247
retained in the Statewide Elections Management System. 248
(6) If the applicant indicates on the application that he or 249
she resides within the city limits of a city or town in the county 250
of registration, the county registrar shall enter the information 251
into the Statewide Elections Management System. 252
(7) If the applicant indicates on the application that he or 253
she has previously registered to vote in another county of this 254
state or another state, notice to the voter's previous county of 255
registration in this state shall be provided through the Statewide 256
Elections Management System. If the voter's previous place of 257
registration was in another state, notice shall be provided to the 258
voter's previous state of residence. 259
(8) Any person who attempts to register to vote by mail 260
shall be subject to the penalties for false registration provided 261
for in Section 23-15-17. 262
SECTION 3. Section 23-15-79, Mississippi Code of 1972, is 263
brought forward as follows: 264
23-15-79. (1) Unless the application for registration was 265
made pursuant to Section 23-15-47, the date of registration to 266
vote shall be the date the application for registration to vote 267
was initially received by the registrar or, if submitted by mail, 268
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the postmark date, regardless of the date on which the county 269
election commission, circuit court or Supreme Court, as the case 270
may be, makes its final determination allowing the registration. 271
(2) In the case of an application for registration that has 272
been made pursuant to Section 23-15-47, the date of registration 273
to vote shall be the date the complete and legible application 274
form is received by the county registrar, or, if mailed, the 275
postmark date of the complete and legible application. 276
SECTION 4. Section 23-15-299, Mississippi Code of 1972, is 277
brought forward as follows: 278
23-15-299. (1) (a) Assessments made pursuant to subsection 279
(1)(a), (b), (c) and (d) of Section 23-15-297 shall be paid by 280
each candidate who seeks a nomination in the political party 281
election to the secretary of the state executive committee with 282
which the candidate is affiliated by 5:00 p.m. on February 1 of 283
the year in which the primary election for the office is held or 284
on the date of the qualifying deadline provided by statute for the 285
office, whichever is earlier; however, no such assessments may be 286
paid before January 1 of the year in which the primary election 287
for the office is held. If February 1 or the date of the 288
qualifying deadline provided by statute for the office occurs on a 289
Saturday, Sunday or legal holiday, then the assessments required 290
to be paid by this paragraph (a) shall be paid by 5:00 p.m. on the 291
business day immediately following the Saturday, Sunday or legal 292
holiday. 293
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(b) Assessments made pursuant to subsection (3)(a), (b) 294
and (c) of Section 23-15-297 shall be paid by each independent 295
candidate or special election candidate to the Secretary of State 296
by 5:00 p.m. on February 1 of the year in which the primary 297
election for the office is held or on the date of the qualifying 298
deadline provided by statute for the office, whichever is earlier; 299
however, no such assessments may be paid before January 1 of the 300
year in which the primary election for the office is held. If 301
February 1 or the date of the qualifying deadline provided by 302
statute for the office occurs on a Saturday, Sunday or legal 303
holiday, then the assessments required to be paid by this 304
paragraph (b) shall be paid by 5:00 p.m. on the business day 305
immediately following the Saturday, Sunday or legal holiday. 306
(2) (a) Assessments made pursuant to subsection (1)(e) and 307
(f) of Section 23-15-297, shall be paid by each candidate who 308
seeks a nomination in the political party election to the circuit 309
clerk of that candidate's county of residence by 5:00 p.m. on 310
February 1 of the year in which the primary election for the 311
office is held or on the date of the qualifying deadline provided 312
by statute for the office, whichever is earlier; however, no such 313
assessments may be paid before January 1 of the year in which the 314
election for the office is held. If February 1 or the date of the 315
qualifying deadline provided by statute for the office occurs on a 316
Saturday, Sunday or legal holiday, then the assessments required 317
to be paid by this paragraph (a) shall be paid by 5:00 p.m. on the 318
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business day immediately following the Saturday, Sunday or legal 319
holiday. The circuit clerk shall forward the fee and all 320
necessary information to the secretary of the proper county 321
executive committee within two (2) business days. No candidate 322
may attempt to qualify with any political party that does not have 323
a duly organized county executive committee, and the circuit clerk 324
shall not accept any assessments paid for nonlegislative offices 325
pursuant to subsection (1)(e) and (f) of Section 23-15-297 if the 326
circuit clerk does not have contact information for the secretary 327
of the county executive committee for that political party. 328
(b) Assessments made pursuant to subsection (3)(d) and 329
(e) of Section 23-15-297 shall be paid by each independent 330
candidate or special election candidate to the circuit clerk of 331
that candidate's county of residence by 5:00 p.m. on February 1 of 332
the year in which the primary election for the office is held or 333
on the date of the qualifying deadline provided by statute for the 334
office, whichever is earlier; however, no such assessments may be 335
paid before January 1 of the year in which the primary election 336
for the office is held. If February 1 or the date of the 337
qualifying deadline provided by statute for the office occurs on a 338
Saturday, Sunday or legal holiday, then the assessments required 339
to be paid by this paragraph (b) shall be paid by 5:00 p.m. on the 340
business day immediately following the Saturday, Sunday or legal 341
holiday. The circuit clerk shall forward the fee and all 342
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necessary information to the secretary of the proper county 343
election commission within two (2) business days. 344
(3) (a) Assessments made pursuant to subsection (1)(g) and 345
(h) of Section 23-15-297 must be paid by each candidate who seeks 346
a nomination in the political party election to the secretary of 347
the state executive committee with which the candidate is 348
affiliated by 5:00 p.m. seventy-five (75) days before the 349
congressional preference primary; however, no such assessments may 350
be paid before December 1 of the year before the primary election 351
for the office is held. If seventy-five (75) days before the 352
congressional preference primary in years in which a congressional 353
preference primary occurs on a Saturday, Sunday or legal holiday, 354
then the assessments required to be paid by this paragraph (a) 355
shall be paid by 5:00 p.m. on the business day immediately 356
following the Saturday, Sunday or legal holiday. 357
(b) Assessments made pursuant to subsection (3)(f) and 358
(g) of Section 23-15-297 must be paid by each independent 359
candidate or special election candidate to the Secretary of State 360
by 5:00 p.m. seventy-five (75) days before the congressional 361
preference primary in years in which a congressional preference 362
primary is held; however, no such assessments may be paid before 363
December 1 of the year in which the primary election for the 364
office is held. If seventy-five (75) days before the 365
congressional preference primary occurs on a Saturday, Sunday or 366
legal holiday, then the assessments required to be paid by this 367
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paragraph (b) shall be paid by 5:00 p.m. on the business day 368
immediately following the Saturday, Sunday or legal holiday. 369
(4) (a) The fees paid pursuant to subsections (1), (2) and 370
(3) of this section shall be accompanied by an affidavit under 371
penalty of perjury containing the name, physical address of the 372
candidate's residence, the party with which he or she is 373
affiliated, if applicable, the candidate's phone number, the email 374
address of the candidate, if any, and the office for which he or 375
she is a candidate. Such affidavit shall require the candidate to 376
certify that he or she meets all qualifications for the office for 377
which he or she is a candidate. 378
(b) The state executive committee shall transmit to the 379
Secretary of State a copy of the written statements and required 380
documents accompanying the fees paid pursuant to subsections (1) 381
and (2) of this section. All copies must be received by the 382
Office of the Secretary of State by not later than 6:00 p.m. on 383
the date of the qualifying deadline; provided, however, the 384
failure of the Office of the Secretary of State to receive such 385
copies by 6:00 p.m. on the date of the qualifying deadline shall 386
not affect the qualification of a person who pays the required fee 387
and files the required statement and the required documents by 388
5:00 p.m. on the date of the qualifying deadline. The Secretary 389
of State shall assess a Five Hundred Dollar ($500.00) fine to any 390
state executive committee that fails to transmit any written 391
statements and other required documents and accompanying fees to 392
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the Secretary of State by 6:00 p.m. on the date of the qualifying 393
deadline. Such fine shall be assessed for each written statement 394
and other required documents and fees that were not turned in to 395
the Office of the Secretary of State by 6:00 p.m.; however, in no 396
case shall the total fines assessed to a state executive committee 397
exceed Two Thousand Five Hundred Dollars ($2,500.00) for a 398
particular qualifying deadline. The Secretary of State shall 399
deposit any fines received from any state executive committee into 400
the Elections Support Fund established in Section 23-15-5. The 401
name of any person who pays the required fee and files the 402
required statement and documents after 5:00 p.m. on the date of 403
the qualifying deadline shall not be placed on the primary 404
election ballot or the general election ballot. 405
(5) The Secretary of State or the secretary or circuit clerk 406
to whom such payments are made shall promptly receipt for same 407
stating the office for which the candidate making payment is 408
running and the political party with which he or she is 409
affiliated, if applicable, and he or she shall keep an itemized 410
account in detail showing the exact time and date of the receipt 411
of each payment received by him or her and, where applicable, the 412
date of the postmark on the envelope containing the fee and from 413
whom, and for what office the party paying same is a candidate. 414
(6) The secretaries of the proper executive committee shall 415
hold the funds to be finally disposed of by order of their 416
respective executive committees. The funds may be used or 417
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disbursed by the executive committee receiving same to pay all 418
necessary traveling or other necessary expenses of the members of 419
the executive committee incurred in discharging their duties as 420
committee members, and of their secretary and may pay the 421
secretary such salary as may be reasonable. The Secretary of 422
State shall deposit any qualifying fees received from candidates 423
into the Elections Support Fund established in Section 23-15-5. 424
(7) (a) Upon receipt of the proper fee and all necessary 425
information, the proper executive committee or the Secretary of 426
State, whichever is applicable, shall then determine the 427
following: 428
(i) Whether each candidate is a qualified elector 429
of the state, state district, county or county district which they 430
seek to serve; and 431
(ii) Whether each candidate meets all other 432
qualifications to hold the office he or she is seeking or presents 433
absolute proof that he or she will, subject to no contingencies, 434
meet all qualifications on or before the date of the general or 435
special election at which he or she could be elected to office; 436
and 437
(iii) Whether the candidate has taken the steps 438
necessary to qualify for more than one (1) office at the election; 439
and 440
(iv) Whether any candidate has been convicted of 441
any of the following and not pardoned: 442
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1. Any felony in a court of this state, 443
2. On or after December 8, 1992, any offense 444
in another state which is a felony under the laws of this state, 445
3. Any felony in a federal court on or after 446
December 8, 1992, or 447
4. Any offense that involved the misuse or 448
abuse of his or her office or money coming into his or her hands 449
by virtue of the office. Excepted from the above are convictions 450
of manslaughter and violations of the United States Internal 451
Revenue Code or any violations of the tax laws of this state; and 452
(v) Whether the candidate has voted in any 453
election outside of the jurisdiction in which he or she seeks to 454
represent during the period in which the candidate is required to 455
have resided within the jurisdiction. If a candidate is found to 456
have voted in any election outside of the jurisdiction that he or 457
she seeks to represent during the period in which the candidate is 458
required to have resided within the jurisdiction, the name of such 459
candidate shall not appear on the ballot. However, if a candidate 460
who votes in an election that he or she was properly registered 461
for is then subsequently redistricted into the jurisdiction that 462
he or she is currently seeking to represent, then he or she shall 463
not be disqualified as a candidate due to voting in an election 464
outside of his or her current jurisdiction during the required 465
residency period. 466
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(b) The proper executive committee or the Secretary of 467
State, whichever is applicable, shall make the determinations in 468
paragraph (a) of this subsection within the following time 469
periods: 470
(i) Five (5) days of the qualifying deadline 471
during presidential preference primary elections; or 472
(ii) Fifteen (15) days of the qualifying deadline 473
for federal mid-term elections; or 474
(iii) Thirty (30) days of the qualifying deadline 475
during statewide elections. 476
If the proper executive committee or the Secretary of State, 477
whichever is applicable, finds that a candidate either (i) is not 478
a qualified elector, (ii) does not meet all qualifications to hold 479
the office he or she seeks and fails to provide absolute proof, 480
subject to no contingencies, that he or she will meet the 481
qualifications on or before the date of the general or special 482
election at which he or she could be elected, or (iii) has been 483
convicted of a felony or other disqualifying offense as described 484
in paragraph (a) of this subsection, and not pardoned, then the 485
executive committee shall notify the candidate and give the 486
candidate an opportunity to be heard. The executive committee 487
shall mail notice to the candidate at least three (3) business 488
days before the hearing to the address provided by the candidate 489
on the qualifying forms, and the committee shall attempt to 490
contact the candidate by telephone, email and facsimile if the 491
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candidate provided this information on the forms. If the 492
candidate fails to appear at the hearing or to prove that he or 493
she meets all qualifications to hold the office subject to no 494
contingencies, then the name of that candidate shall not be placed 495
upon the ballot. 496
(c) If the proper executive committee or the Secretary 497
of State, whichever is applicable, determines that the candidate 498
has taken the steps necessary to qualify for more than one (1) 499
office at the election, the action required by Section 23-15-905, 500
shall be taken. 501
(d) Where there is but one (1) candidate for each 502
office contested at the primary election, the proper executive 503
committee or the Secretary of State, whichever is applicable, when 504
the time has expired within which the names of candidates shall be 505
furnished shall declare such candidates the nominees. 506
(8) No candidate may qualify by filing the information 507
required by this section by using the internet. 508
SECTION 5. Section 23-15-631, Mississippi Code of 1972, is 509
brought forward as follows: 510
23-15-631. (1) The registrar shall enclose with each ballot 511
mailed to an absent elector separate printed instructions 512
furnished by the registrar containing the following: 513
(a) All absentee voters, excepting those with temporary 514
or permanent physical disabilities or those who are sixty-five 515
(65) years of age or older, who mark their ballots in the county 516
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of the residence shall use the registrar of that county as the 517
witness. The absentee voter shall come to the office of the 518
registrar and neither the registrar nor his or her deputy shall be 519
required to go out of the registrar's office to serve as an 520
attesting witness. 521
(b) Upon receipt of the enclosed ballot, you will not 522
mark the ballot except in view or sight of the attesting witness. 523
In the sight or view of the attesting witness, mark the ballot 524
according to instructions. 525
(c) After marking the ballot, fill out and sign the 526
"ELECTOR'S CERTIFICATE" in the box on the back of the envelope so 527
that the signature is across the flap of the envelope to ensure 528
the integrity of the ballot. All absent electors shall have the 529
attesting witness sign the "ATTESTING WITNESS CERTIFICATE" in the 530
box across the flap on the back of the envelope. A portion of the 531
elector's signature extending outside of the box shall not be 532
grounds for rejecting that elector's ballot. Place the necessary 533
postage on the envelope and deposit it in the post office or some 534
government receptacle provided for the deposit of mail so that the 535
absent elector's ballot will be postmarked on or before the date 536
of the election and received by the registrar no more than five 537
(5) business days after the election. The ballot may only be 538
transmitted by the United States Postal Service or other common 539
carriers, including, but not limited to, United Parcel Service or 540
FedEx Corporation. 541
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Any notary public, United States postmaster, assistant United 542
States postmaster, United States postal supervisor, clerk in 543
charge of a contract postal station, or other officer having 544
authority to administer an oath or take an acknowledgment may be 545
an attesting witness; provided, however, that in the case of an 546
absent elector who is temporarily or permanently physically 547
disabled, the attesting witness may be any person eighteen (18) 548
years of age or older and such person is not required to have the 549
authority to administer an oath. If a postmaster, assistant 550
postmaster, postal supervisor, or clerk in charge of a contract 551
postal station acts as an attesting witness, his or her signature 552
in a box on the elector's certificate must be authenticated by the 553
cancellation stamp of their respective post offices. If an 554
officer having authority to administer an oath or take an 555
acknowledgment acts as attesting witness, his or her signature in 556
a box on the elector's certificate, together with his or her title 557
and address, but no seal, shall be required. A portion of the 558
elector's signature extending outside of the box shall not be 559
grounds for rejecting that elector's ballot. Any affidavits made 560
by an absent elector who is in the Armed Forces may be executed 561
before a commissioned officer, warrant officer, or noncommissioned 562
officer not lower in grade than sergeant rating or any person 563
authorized to administer oaths. 564
(d) When the application accompanies the ballot it 565
shall not be returned in the same envelope as the ballot but shall 566
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be returned in a separate pre-addressed envelope provided by the 567
registrar. 568
(e) A candidate for public office, or the spouse, 569
parent or child of a candidate for public office, may not be an 570
attesting witness for any absentee ballot upon which the 571
candidate's name appears, unless the voter is related within the 572
first degree to the candidate or the spouse, parent or child of 573
the candidate. 574
(f) Any voter casting an absentee ballot who declares 575
that he or she requires assistance to vote by reason of blindness, 576
temporary or permanent physical disability or inability to read or 577
write, shall be entitled to receive assistance in the marking of 578
his or her absentee ballot and in completing the affidavit on the 579
absentee ballot envelope. The voter may be given assistance by 580
anyone of the voter's choice other than a candidate whose name 581
appears on the absentee ballot being marked, the spouse, parent or 582
child of a candidate whose name appears on the absentee ballot 583
being marked or the voter's employer, an agent of that employer or 584
a union representative; however, a candidate whose name is on the 585
ballot or the spouse, parent or child of such candidate may 586
provide assistance upon request to any voter who is related within 587
the first degree. In order to ensure the integrity of the ballot, 588
any person who provides assistance to an absentee voter shall be 589
required to sign and complete the "Certificate of Person Providing 590
Voter Assistance" on the absentee ballot envelope. 591
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(2) The foregoing instructions required to be provided by 592
the registrar to the elector shall also constitute the substantive 593
law pertaining to the handling of absentee ballots by the elector 594
and registrar. 595
(3) The Secretary of State shall prepare instructions on how 596
absent voters may comply with the identification requirements of 597
Section 23-15-563. 598
SECTION 6. Section 23-15-645, Mississippi Code of 1972, is 599
brought forward as follows: 600
23-15-645. (1) Absentee ballots cast in the registrar's 601
office and received by mail that are deposited into a sealed 602
ballot box shall be processed on election day but not tallied 603
until after closing of the polls and announced simultaneously with 604
all other votes cast on election day. 605
(2) After the votes have been counted, the officials shall 606
preserve all applications, envelopes and the list of absent voters 607
along with the mailed paper and paper ballots and other election 608
materials and return the same to the registrar. 609
(3) Notwithstanding any other provision of law to the 610
contrary, for federal and presidential general, special or primary 611
elections, packages of protested, void and wholly blank ballots, 612
voted ballots, open packages of unused ballots, sealed packages of 613
unused ballots, and all absentee and military ballots and ballot 614
envelopes, if any, shall be preserved for twenty-two (22) months 615
after the date of any such general, special or primary election. 616
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For all other statewide, county or municipal elections, sealed 617
packages of unused ballots, packages of protested, void and wholly 618
blank ballots, open packages of unused ballots and all absentee 619
and military ballots and ballot envelopes shall be retained for 620
four (4) months, and may then be destroyed, provided a certificate 621
articulating the election district identifying data and numbers of 622
such ballots is filed with the balance of ballots described in 623
this section, for the balance of the twenty-two-month retention 624
period. 625
SECTION 7. Section 25-1-107, Mississippi Code of 1972, is 626
brought forward as follows: 627
25-1-107. Except as otherwise specifically provided by law, 628
whenever any check, money order or other form of payment or 629
reports is required to be made to any state agency or any county, 630
municipality or other political subdivision of the state by or 631
before a certain date and the mailing is made by United States 632
mail, then the date that the mail containing the payment or report 633
is postmarked by the United States Post Office shall be considered 634
as the date the payment or report is made. The date of the United 635
States Post Office postmark is proof of the date of payment or 636
report if the payment or report was mailed with postage paid and 637
was correctly addressed. 638
SECTION 8. Section 41-9-105, Mississippi Code of 1972, is 639
brought forward as follows: 640
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41-9-105. The copy of the records shall be separately 641
enclosed in an inner-envelope or wrapper, sealed, with the title 642
and number of the action, name of witness and date of subpoena 643
clearly inscribed thereon. The sealed envelope or wrapper shall 644
then be enclosed in an outer-envelope or wrapper, sealed, and 645
directed as follows: 646
If the subpoena directs attendance in court, to the clerk of 647
such court or to the judge thereof; if the subpoena directs 648
attendance at a deposition, to the officer before whom the 649
deposition is to be taken, at the place designated in the subpoena 650
for the taking of the deposition or at his place of business; in 651
other cases, to the officer, body or tribunal conducting the 652
hearing, at a like address. 653
SECTION 9. Section 53-3-7, Mississippi Code of 1972, is 654
brought forward as follows: 655
53-3-7. (1) (a) When two (2) or more separately owned 656
tracts of land are embraced within an established drilling unit or 657
when there are separately owned interests in all or part of an 658
established drilling unit the persons owning the drilling rights 659
therein and the rights to share in the production therefrom may 660
validly agree to integrate their interests and to develop their 661
lands as a drilling unit. Where, however, such persons have not 662
agreed to integrate their interests the board may, for the 663
prevention of waste or to avoid the drilling of unnecessary wells, 664
require such persons to integrate their interests and to develop 665
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their lands as a drilling unit. All orders requiring such pooling 666
shall be made after notice and hearing, and shall be upon terms 667
and conditions that are just and reasonable, and will afford to 668
the owner of each tract the opportunity to recover or receive his 669
just and equitable share of the oil and gas in the pool without 670
unnecessary expense. 671
The portion of the production allocated to the owner of each 672
tract included in a drilling unit formed by a pooling order shall, 673
when produced, be considered as if it had been produced from such 674
tract by a well drilled thereon. 675
(b) Except as otherwise provided for in this section, 676
in the event such pooling is required, the cost of development and 677
operation of the pooled unit chargeable by the operator to the 678
other interested owner or owners shall be limited to the actual 679
expenditures required for such purpose not in excess of what are 680
reasonable including a reasonable charge for supervision. In the 681
event that the operator elects to proceed under the provisions of 682
this subsection (1)(b), and does not elect to seek alternate 683
charges as provided for in this section, the notice procedure 684
followed shall be in accordance with Section 53-1-21, Mississippi 685
Code of 1972. 686
(c) For the purposes of this section, as to a drilling 687
unit, the term "nonconsenting owner" shall mean an owner of 688
drilling rights which the owner has not agreed, in writing, to 689
integrate in the drilling unit. The owner may own other drilling 690
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rights in the unit which the owner has agreed, in writing, to 691
integrate in the unit and thereby also be a "consenting owner" as 692
to the interest which the owner has agreed to integrate in the 693
unit. 694
(2) (a) In the event that one or more owners owning not 695
less than thirty-three percent (33%) of the drilling rights in a 696
drilling unit voluntarily consent to the drilling of a unit well 697
thereon, and the operator has made a good faith effort to (i) 698
negotiate with each nonconsenting owner to have said owner's 699
interest voluntarily integrated into the unit, (ii) notify each 700
nonconsenting owner of the names of all owners of drilling rights 701
who have agreed to integrate any interests in the unit, (iii) 702
ascertain the address of each nonconsenting owner, (iv) give each 703
nonconsenting owner written notice of the proposed operation, 704
specifying the work to be performed, the location, proposed depth, 705
objective formation and the estimated cost of the proposed 706
operation, and (v) offer each nonconsenting owner the opportunity 707
to lease or farm out on reasonable terms or to participate in the 708
cost and risk of developing and operating the unit well involved 709
on reasonable terms, by agreeing in writing, then the operator may 710
petition the board to allow it to charge alternate charges 711
(alternate to and in lieu of the charges provided for in 712
subsection (1)(b) of this section). 713
(b) Any such petition on which alternate charges may be 714
ordered by the board shall include a statement which shall name 715
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all nonconsenting real parties in interest in said proposed 716
drilling unit, as of a date not more than ninety (90) days prior 717
to the filing of the petition, giving each such person's name, and 718
address if known; and if any owner's address is not known, the 719
operator shall state in its petition that such person's address is 720
unknown after diligent search and inquiry. Only those parties 721
served with actual or constructive notice as set forth hereinbelow 722
will be subject to any alternate charges allowed by the board. 723
(c) Upon the filing of a petition on which alternate 724
charges may be ordered, the petitioner shall have prepared, and 725
furnish to the board with said petition, a notice to each and all 726
nonconsenting real parties in interest whose address is unknown, 727
whether such person be a resident of the State of Mississippi or 728
not, which the board shall have published, noticing each such 729
person to appear before a regular meeting of the board 730
sufficiently distant in time to allow thirty (30) days to elapse 731
between the date of the last publication of said notice as 732
hereinafter provided, and the date of the regular meeting of the 733
board to which each such person is noticed. Said notice shall 734
also notice all unknown heirs or devisees of deceased owners, if 735
any there be, and all unknown persons owning drilling rights in 736
said proposed drilling unit. The notice shall be substantially in 737
the following form, to wit: 738
NOTICE TO APPEAR BEFORE THE STATE OIL AND GAS BOARD 739
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You are noticed to appear before the State Oil and Gas Board 740
at its regular ____ term, being on the __ day of ____, 20__ to 741
show cause if you can why the petition of_____________ 742
______________________________________________________________ 743
(Operator) 744
being Petition No._____________ in said board and seeking to force 745
to integrate and pool all interests in (description of Unit by 746
legal description) _______________________________________________ 747
should not be granted. 748
To _____ (inserting the name of such person or persons, whose 749
address is unknown), and all such unknown heirs or devisees and 750
all such unknown owners, whose names and addresses remain unknown 751
after diligent search and inquiry. 752
Said meeting of said board shall be held at________ (the then 753
hearing room of said Oil and Gas Board) on the above date 754
at__________. 755
(the time) 756
This_____ day of ___________, A.D.____. 757
________________ 758
Supervisor 759
(d) The publication of notice to nonconsenting real 760
parties in interest whose address is unknown after diligent search 761
and inquiry shall be made once in each week during three (3) 762
successive weeks in a public newspaper of the county or counties 763
in which the proposed drilling unit is located, if there be such a 764
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newspaper. If there is not such a county newspaper, then the said 765
publication of notice shall be published in a newspaper having 766
general circulation in the State of Mississippi. The period of 767
publication shall be deemed to be completed at the end of 768
twenty-one (21) days from the date of the first publication, 769
provided there have been three (3) publications made as 770
hereinabove required. 771
(e) Upon the filing of a petition on which alternate 772
charges may be ordered, the petitioner shall also have prepared, 773
and shall furnish to the board, a notice which shall be 774
substantially in the form set out above, to each nonconsenting 775
real party in interest whose address is known, together with 776
addressed and stamped envelopes, and the board shall mail each 777
notice by certified mail, return receipt requested, sufficiently 778
distant in time to allow thirty (30) days to elapse between the 779
date of the mailing of said notice and the date of the regular 780
meeting of the board at which said petition will be first 781
scheduled to be heard. 782
(f) Petitioner shall also advance to the board at the 783
time of the filing of said petition the cost of publication and 784
mailing of notices as set out above which shall be established by 785
the board. Said costs of publication and mailing of notices shall 786
be considered as part of the costs of operation which are 787
chargeable to the nonconsenting owner's nonconsenting share of 788
production as set forth in paragraph (g) of this subsection (2). 789
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(g) In the event a pooling order is issued by the 790
board, and any nonconsenting owner does not subsequently agree in 791
writing as provided for herein, and if the operations on the 792
existing or proposed well which are described in the pooling order 793
are actually commenced within one (1) year after the pooling order 794
is issued by the board, and thereafter with due diligence and 795
without undue delay, the existing or proposed well is actually 796
completed as a well capable of producing oil, gas and/or other 797
minerals in quantities sufficient to yield a return in excess of 798
monthly operating costs, then, subject to the limitations set out 799
in this section, the operator and/or the appropriate consenting 800
owners shall be entitled to receive as alternate charges 801
(alternate to and in lieu of the charges provided for in 802
subsection (1)(b) of this section; provided, however, that in no 803
event shall the operator and/or the appropriate consenting owners 804
be entitled to recover less than such charges provided in 805
subsection (1)(b) of this section) the share of production from 806
the well attributable to the nonconsenting owner's nonconsenting 807
interests in the unit established or subsequently reformed for 808
production therefrom, until the point in time when the proceeds 809
from the sale of such share, calculated at the well, or the market 810
value thereof if such share is not sold, after deducting 811
production and excise taxes, which operator will pay or cause to 812
be paid, and the payment required by this paragraph (g) shall 813
equal the sum of: 814
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(i) One hundred percent (100%) of the 815
nonconsenting owner's nonconsenting share of the cost of any newly 816
acquired surface equipment beyond the wellhead connections 817
including, but not limited to, stock tanks, separators, treaters, 818
pumping equipment and piping; and 819
(ii) Two hundred fifty percent (250%) of that 820
portion of the costs and expenses of the operations provided for 821
in the pooling order, and two hundred fifty percent (250%) of that 822
portion of the cost of newly acquired equipment in the well, 823
including wellhead connections, which would have been chargeable 824
to the nonconsenting owner's nonconsenting share thereof; 825
provided, however, when a mineral interest that is severed from 826
the surface estate is owned by a nonconsenting owner or when a 827
mineral interest is subject to an oil and gas lease that is owned 828
by a nonconsenting owner, the payment under this subparagraph (ii) 829
shall be three hundred percent (300%); and 830
(iii) One hundred percent (100%) of the 831
nonconsenting owner's nonconsenting share of the cost of operation 832
of the well commencing with first production and continuing to 833
such point in time. 834
Whenever a drilling unit established by a pooling order 835
issued by the board under subsection (2) of this section is to be 836
reformed or altered by the board for good cause, after notice and 837
hearing, then the interest of any nonconsenting owner listed in 838
the pooling order who received notice of the application to reform 839
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or alter the unit and had not agreed in writing as provided for 840
herein shall remain subject to the charges set forth in this 841
subsection (2)(g) with respect to its interest in the reformed or 842
altered unit. If there is any nonconsenting owner within a 843
proposed reformed or altered unit who has not been previously 844
provided the information and offers set forth in subparagraphs 845
(ii) through (v) of subsection (2)(a) of this section which was 846
sent to the owners, and if the applicant for an order of 847
reformation or alteration of such unit provides to the 848
nonconsenting owner the information and offers set forth in 849
subparagraphs (ii) through (v) of subsection (2)(a) of this 850
section at the same time and in the same manner as such 851
nonconsenting owners receive notice of the application to reform 852
or alter the drilling unit, then the interest of any nonconsenting 853
owner listed in the pooling order for the reformed or altered unit 854
who does not agree in writing as provided for herein shall be 855
subject to the charges set forth in this subsection (2)(g) with 856
respect to its interest in the reformed or altered unit. 857
Whenever any one (1) operator has filed for alternate charges 858
on two (2) drilling units, which units are direct, partially 859
direct or diagonal offsets one to the other, such operator may not 860
file a petition for alternate charges, as distinguished from the 861
charges provided by subsection (1)(b), as to any additional units 862
which are direct, partially direct or diagonal offsets to the said 863
first two (2) units of that operator until said operator has 864
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drilled, tested and completed the first two (2) such wells, as 865
wells capable of production or completed as dry holes or either, 866
and has filed completion reports on said first two (2) wells with 867
the board, or the permits for such well or wells have expired if 868
one or both of them be not drilled. 869
The pooling order if issued shall provide that each 870
nonconsenting owner shall be afforded the opportunity to 871
participate in the development and operation of the well in the 872
pooled unit as to all or any part of said owner's interest on the 873
same costs basis as the consenting owners by agreeing in writing 874
to pay that part of the costs of such development and operation 875
chargeable to said nonconsenting owner's interest, or to enter 876
into such other written agreement with the operator as the parties 877
may contract, provided such acceptance in writing is filed with 878
the board within twenty (20) days after the pooling order is filed 879
for record with the board. 880
The pooling order shall provide that the well be drilled on a 881
competitive contract, arms length, basis; provided, however, that 882
the operator may employ its own tools or those of affiliates, but 883
charges therefor shall not exceed the prevailing rates in the 884
area. 885
(h) Within sixty (60) days after the completion of any 886
operation on which alternate charges have been ordered, the 887
operator shall furnish any nonconsenting owner who may request 888
same an inventory of the equipment in and connected to the well, 889
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and an itemized statement of the cost of drilling, deepening, 890
plugging back, testing, completing and equipping the well for 891
production; or, at its option, the operator, in lieu of an 892
itemized statement of such costs of operation, may submit detailed 893
monthly statements of said costs. Each month thereafter, during 894
the time the operator and/or consenting parties are being 895
reimbursed, the operator shall furnish any nonconsenting owner who 896
may request same with an itemized statement of all costs and 897
liabilities incurred in the operation of the well, together with a 898
statement of the quantity of oil and gas produced from it and the 899
amount of proceeds realized from the sale of the well's production 900
during the preceding month. Any amount realized from the sale or 901
other disposition of equipment acquired in connection with any 902
such operation which would have been owned by a nonconsenting 903
owner had it participated therein as to its nonconsenting interest 904
shall be credited against the total unreturned costs of the work 905
done and of the equipment purchased in determining when the 906
interest of such nonconsenting owner shall be owned by said 907
nonconsenting owner as above provided; and if there is a credit 908
balance, it shall be paid to such nonconsenting owner. From the 909
point in time provided for in paragraph (g) of this subsection 910
(2), each nonconsenting owner shall own the same interest in such 911
well, the material and equipment in or pertaining thereto, and the 912
production therefrom as such nonconsenting owner would have been 913
entitled to had it participated in the drilling, reworking, 914
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deepening and/or plugging back of said well. Thereafter, except 915
as otherwise provided in this section, the operator shall be 916
entitled to charge each nonconsenting owner such nonconsenting 917
owner's proportionate part of all reasonable costs incurred by the 918
operator in operating the unit well and the unit, including a 919
reasonable charge for supervision, and in the event such 920
nonconsenting owner fails to pay such proportionate share of such 921
costs within thirty (30) days after receipt by the nonconsenting 922
owner of a valid invoice, the operator shall be entitled to 923
receive such nonconsenting owner's share of production until such 924
time as such unpaid share of costs shall have been recovered by 925
the operator. 926
(i) In the event that a leased interest is subject to 927
an order of pooling and integration, and the operator and/or the 928
appropriate consenting owners are entitled to alternate charges as 929
provided by paragraph (g) of this subsection (2), and if there be 930
no reasonable question as to good and merchantable title to the 931
royalty interest, the lessor of said lease shall be paid, by the 932
operator or purchaser of production, the proceeds attributable to 933
said lessor's contracted royalty, not to exceed an amount of 934
three-sixteenths (3/16) of the proceeds attributable to the 935
nonconsenting owner's proportionate share of production. Nothing 936
herein contained shall affect or diminish in any way the 937
responsibility of the nonconsenting owner to account for the 938
payment of any royalty or other payment, not paid as herein 939
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provided, which may burden or be attributable to the interest 940
owned by such nonconsenting owner. 941
(3) When production of oil or gas is not secured in paying 942
quantities as a result of such integration or pooling of 943
interests, there shall be no charge payable by the nonconsenting 944
owner or owners as to such owner's nonconsenting interest. 945
(4) In the event of any dispute relative to costs, the board 946
shall determine the proper costs, after due notice to all 947
interested parties and a hearing thereon. Appeals may be taken 948
from such determination as from any other order of the board. 949
(5) The State Oil and Gas Board shall in all instances where 950
a unit has been formed out of lands or areas of more than one (1) 951
ownership, require the operator when so requested by an owner, to 952
deliver to such owner or his assigns his proportionate share of 953
the production from the well common to such drilling unit; but 954
where necessary, such owner receiving same shall provide at his 955
own expense proper receptacles for the receipt or storage of such 956
oil, gas or distillate. 957
(6) Should the persons owning the drilling or other rights 958
in separate tracts embraced within a drilling unit fail to agree 959
upon the integration of the tracts and the drilling of a well on 960
the unit, and should it be established that the board is without 961
authority to require integration as provided in this section, 962
then, subject to all other applicable provisions of this chapter, 963
and of Chapter 1 of this title, the owner of each tract embraced 964
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within the drilling unit may drill on his tract; but the allowable 965
production from such tract shall be such proportion of the 966
allowable production for the full drilling unit as the area of 967
such separately owned tract bears to the full drilling unit. 968
(7) The State Oil and Gas Board in order to prevent waste 969
and avoid the drilling of unnecessary wells may permit (i) the 970
cycling of gas in any pool or portion thereof or (ii) the 971
introduction of gas or other substance into an oil or gas 972
reservoir for the purpose of repressuring such reservoir, 973
maintaining pressure or carrying on secondary recovery operations. 974
The board shall permit the pooling or integration of separate 975
tracts or separately owned interests when reasonably necessary in 976
connection with such operations. 977
(8) Agreements made in the interests of conservation of oil 978
or gas, or both, or for the prevention of waste, between and among 979
owners or operators, or both, owning separate holdings in the same 980
field or pool or in any area that appears from geologic or other 981
data to be underlaid by a common accumulation of oil or gas, or 982
both, and agreements between and among such owners or operators, 983
or both, and royalty owners therein, for the purpose of bringing 984
about the development and operation of the field, pool or area, or 985
any part thereof, as a unit, and for establishing and carrying out 986
a plan for the cooperative development and operation thereof, when 987
such agreements are approved by the board, are hereby authorized 988
and shall not be held or construed to violate any of the statutes 989
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of this state relating to trusts, monopolies or contracts and 990
combinations in restraint of trade. 991
SECTION 10. Section 65-43-83, Mississippi Code of 1972, is 992
brought forward as follows: 993
65-43-83. (1) If the affidavit of nonliability is returned 994
to the governmental entity within thirty (30) days of the mailing 995
of the notice of toll evasion violation, together with the proof 996
of a written rental agreement or lease between a bona fide renting 997
or leasing company and its customer which identifies the rentee or 998
lessee and provides the driver's license number, name, and address 999
of the rentee or lessee, the processing agency shall mail, by 1000
certified mail, return receipt requested, to the rentee or lessee 1001
identified in the affidavit of nonliability a final notice of toll 1002
evasion violation. 1003
(2) If the affidavit of nonliability is returned with 1004
evidence that the registered owner served has made a bona fide 1005
sale or transfer of the vehicle and has delivered possession 1006
thereof to the purchaser prior to the date of the alleged 1007
violation, the processing agency shall cancel the notice of toll 1008
evasion violation with respect to that registered owner and the 1009
processing agency shall mail, by certified mail, return receipt 1010
requested, to the purchaser identified in the affidavit of 1011
nonliability a final notice of toll evasion violation. If payment 1012
is not received within fifteen (15) days of the mailing of the 1013
final notice of toll evasion violation, the processing agency may 1014
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proceed against the purchaser identified pursuant to Section 1015
65-43-73. 1016
SECTION 11. Section 69-35-11, Mississippi Code of 1972, is 1017
brought forward as follows: 1018
69-35-11. (1) With respect to any referendum conducted 1019
under the provisions of this act, the state ADA and extension 1020
service shall, before calling and announcing such referendum, fix, 1021
determine and publicly announce at least thirty (30) days before 1022
the date determined upon for such referendum, the date, hours and 1023
polling places for voting in such referendum, the amount and basis 1024
of the assessment proposed to be collected, the means by which 1025
such assessment shall be collected if authorized by the producers, 1026
and the general purposes to which said amount so collected shall 1027
be applied. No annual assessment levied under the provisions of 1028
this act shall exceed the federally mandated Fifteen Cents (15¢) 1029
per hundredweight of milk produced, however an amount not to 1030
exceed Ten Cents (10¢) per hundredweight of milk produced shall be 1031
credited to the state ADA for dairy product promotion or nutrition 1032
education programs. 1033
(2) As an alternative method of conducting a referendum 1034
under the provisions of this act, the state ADA and extension 1035
service in its discretion may conduct the referendum by a mail 1036
ballot as herein provided. In the event that a decision is made 1037
to conduct a mail ballot, public notice of said mail ballot shall 1038
be made at least thirty (30) days before the date of said 1039
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referendum. Said notice shall contain the same information 1040
required by subsection (1) of this section except that the notice 1041
will also state that the ballot is to be conducted by mail rather 1042
than at polling places. The notice shall also state that official 1043
ballots are being mailed on a date specified in the notice to all 1044
bulk tank units known by the state ADA and extension service to be 1045
eligible to vote and that any bulk tank unit not receiving by mail 1046
an official ballot by a date specified in the notice will have ten 1047
(10) days thereafter to apply for an official ballot at the office 1048
of the state ADA. The notice shall state the deadline for the 1049
receipt of all ballots and the address of the state ADA. 1050
(3) Official ballots shall be prepared by the state ADA and 1051
extension service and mailed by first class mail to the last known 1052
address of all bulk tank units known to be eligible to vote. As 1053
announced in the public notice, said ballots shall be made 1054
available for a period of not less than ten (10) days, to those 1055
who are eligible to vote in said referendum and did not receive a 1056
ballot by mail. 1057
(4) Before any bulk tank unit shall receive an official 1058
ballot, he shall furnish such proof as the state ADA and extension 1059
service may require of his eligibility to vote in said referendum. 1060
The state ADA shall keep a list of those bulk tank units who 1061
receive official ballots. No bulk tank unit may receive more than 1062
one (1) official ballot unless the bulk tank unit proves to the 1063
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satisfaction of the state ADA and extension service that the 1064
ballot has been lost or destroyed. 1065
(5) No votes shall be counted which are not on official 1066
ballots. To be eligible to be counted, ballots must be received 1067
by the state ADA at the place and by the deadline previously 1068
announced in the public notice of said referendum. 1069
SECTION 12. Section 73-11-53, Mississippi Code of 1972, is 1070
brought forward as follows: 1071
73-11-53. (1) The State Board of Funeral Service is 1072
authorized to establish a trainee and apprenticeship program 1073
whereby persons desiring to apprentice as a funeral service or 1074
funeral director trainee may be issued a resident traineeship 1075
certificate to practice funeral directing or funeral service under 1076
the direct on-premises supervision of a sponsoring Mississippi 1077
licensed funeral director or funeral service practitioner. 1078
(2) A person desiring to become a resident trainee for the 1079
practice of funeral service or funeral directing shall make 1080
application to the board. Such application shall be verified by 1081
the licensee under whom the applicant is serving, and shall be 1082
accompanied by a nonrefundable application fee in an amount set by 1083
the board in accordance with Section 73-11-56. When the board is 1084
satisfied as to the qualifications of an applicant, it shall issue 1085
a certificate of resident traineeship. 1086
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(3) The board shall have the power to suspend or revoke a 1087
certificate of a resident traineeship for violation of any 1088
provision of this chapter. 1089
(4) A resident trainee must serve the apprenticeship in a 1090
funeral establishment that is licensed by the State of Mississippi 1091
and the preceptor must be a Mississippi licensed funeral service 1092
practitioner or funeral director who is employed by a Mississippi 1093
licensed funeral establishment and actively practicing within the 1094
State of Mississippi. The funeral service trainee and 1095
apprenticeship program shall be completed within no less than 1096
twelve (12) months or more than eighteen (18) months under the 1097
direct supervision of a funeral director or funeral service 1098
licensee of the board. The funeral director trainee and 1099
apprenticeship program shall be completed within no less than 1100
twelve (12) months or more than eighteen (18) months under the 1101
direct supervision of a funeral director or funeral service 1102
licensee of the board. 1103
(5) A resident trainee may serve under the supervision of 1104
more than one (1) preceptor under conditions established by board 1105
rules and regulations. The board may also adopt rules that will 1106
allow training at more than one (1) funeral establishment under 1107
special circumstances. 1108
(6) A resident traineeship certificate shall be valid for 1109
one (1) year. The board may renew a resident traineeship 1110
certificate if the trainee applies for renewal on a form provided 1111
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by the board, shows that the training activity continues to 1112
satisfy applicable requirements and pays a renewal fee as set by 1113
the board. The fee and application will be considered late if the 1114
fee and application are not in the office or show a postmark of 1115
December 31. Applications received late may be reinstated by the 1116
payment of a renewal fee, a reinstatement fee and other applicable 1117
fees. Failure to receive a renewal notice does not exempt a 1118
resident trainee from the required renewal of his/her traineeship. 1119
(7) A resident trainee shall not advertise or hold himself 1120
out as a funeral director, funeral service practitioner, embalmer 1121
or use any other title or abbreviation indicating that the trainee 1122
is a funeral director, funeral service practitioner or embalmer. 1123
A resident trainee does not have the rights and duties of a 1124
funeral director or funeral service licensee and is only 1125
authorized to act under the direct supervision of the approved 1126
preceptor. 1127
SECTION 13. Section 83-9-5, Mississippi Code of 1972, is 1128
brought forward as follows: 1129
83-9-5. (1) Required provisions. Except as provided in 1130
subsection (3) of this section, each such policy delivered or 1131
issued for delivery to any person in this state shall contain the 1132
provisions specified in this subsection in the words in which the 1133
same appear in this section. However, the insurer may, at its 1134
option, substitute for one or more of such provisions, 1135
corresponding provisions of different wording approved by the 1136
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commissioner which are in each instance not less favorable in any 1137
respect to the insured or the beneficiary. Such provisions shall 1138
be preceded individually by the caption appearing in this 1139
subsection or, at the option of the insurer, by such appropriate 1140
individual or group captions or subcaptions as the commissioner 1141
may approve. 1142
As used in this section, the term "insurer" means a health 1143
maintenance organization, an insurance company or any other entity 1144
responsible for the payment of benefits under a policy or contract 1145
of accident and sickness insurance; however, the term "insurer" 1146
shall not mean a liquidator, rehabilitator, conservator or 1147
receiver or third-party administrator of any health maintenance 1148
organization, insurance company or other entity responsible for 1149
the payment of benefits which is in liquidation, rehabilitation or 1150
conservation proceedings, nor shall it mean any responsible 1151
guaranty association. Further, no cause of action shall accrue 1152
against a liquidator, rehabilitator, conservator or receiver or 1153
third-party administrator of any health maintenance organization, 1154
insurance company or other entity responsible for the payment of 1155
benefits which is in liquidation, rehabilitation or conservation 1156
proceedings or any responsible guaranty association under 1157
paragraph (h)3 of this subsection or any policy provision in 1158
accordance therewith. 1159
(a) A provision as follows: 1160
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Entire contract; changes: This policy, including the 1161
endorsements and the attached papers, if any, constitutes the 1162
entire contract of insurance. No change in this policy shall be 1163
valid until approved by an executive officer of the insurer and 1164
unless such approval be endorsed hereon or attached hereto. No 1165
agent has authority to change this policy or to waive any of its 1166
provisions. 1167
(b) A provision as follows: 1168
Time limit on certain defenses: 1169
1. After two (2) years from the date of issue of 1170
this policy, no misstatements, except fraudulent misstatements, 1171
made by the applicant in the application for such policy shall be 1172
used to void the policy or to deny a claim for loss incurred or 1173
disability (as defined in the policy) commencing after the 1174
expiration of such two-year period. 1175
(The foregoing policy provision shall not be so construed as 1176
to effect any legal requirement for avoidance of a policy or 1177
denial of a claim during such initial two-year period, nor to 1178
limit the application of subsection (2)(a) and (2)(b) of this 1179
section in the event of misstatement with respect to age or 1180
occupation.) 1181
(A policy which the insured has the right to continue in 1182
force subject to its terms by the timely payment of premium (1) 1183
until at least age fifty (50) or, (2) in the case of a policy 1184
issued after age forty-four (44), for at least five (5) years from 1185
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its date of issue, may contain in lieu of the foregoing the 1186
following provision (from which the clause in parentheses may be 1187
omitted at the insurer's option) under the caption 1188
"INCONTESTABLE": 1189
After this policy has been in force for a period of two (2) 1190
years during the lifetime of the insured (excluding any period 1191
during which the insured is disabled), it shall become 1192
incontestable as to the statements in the application.) 1193
2. No claim for loss incurred or disability (as 1194
defined in the policy) commencing after two (2) years from the 1195
date of issue of this policy shall be reduced or denied on the 1196
ground that a disease or physical condition not excluded from 1197
coverage by name or specific description effective on the date of 1198
loss had existed prior to the effective date of coverage of this 1199
policy. 1200
(c) A provision as follows: 1201
Grace period: 1202
A grace period of seven (7) days for weekly premium policies, 1203
ten (10) days for monthly premium policies and thirty-one (31) 1204
days for all other policies will be granted for the payment of 1205
each premium falling due after the first premium, during which 1206
grace period the policy shall continue in force. 1207
(A policy which contains a cancellation provision may add, at 1208
the end of the above provision, "subject to the right of the 1209
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insurer to cancel in accordance with the cancellation provision 1210
hereof." 1211
A policy in which the insurer reserves the right to refuse 1212
any renewal shall have, at the beginning of the above provision, 1213
"unless not less than five (5) days prior to the premium due date 1214
the insurer has delivered to the insured or has mailed to his last 1215
address as shown by the records of the insurer written notice of 1216
its intention not to renew this policy beyond the period for which 1217
the premium has been accepted.") 1218
(d) A provision as follows: 1219
Reinstatement: 1220
If any renewal premium be not paid within the time granted 1221
the insured for payment, a subsequent acceptance of premium by the 1222
insurer or by any agent duly authorized by the insurer to accept 1223
such premium, without requiring in connection therewith an 1224
application for reinstatement, shall reinstate the policy. 1225
However, if the insurer or such agent requires an application for 1226
reinstatement and issues a conditional receipt for the premium 1227
tendered, the policy will be reinstated upon approval of such 1228
application by the insurer or, lacking such approval, upon the 1229
forty-fifth day following the date of such conditional receipt 1230
unless the insurer has previously notified the insured in writing 1231
of its disapproval of such application. The reinstated policy 1232
shall cover only loss resulting from such accidental injury as may 1233
be sustained after the date of reinstatement and loss due to such 1234
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sickness as may begin more than ten (10) days after such date. In 1235
all other respects the insured and insurer shall have the same 1236
rights thereunder as they had under the policy immediately before 1237
the due date of the defaulted premium, subject to any provisions 1238
endorsed hereon or attached hereto in connection with the 1239
reinstatement. Any premium accepted in connection with a 1240
reinstatement shall be applied to a period for which premium has 1241
not been previously paid, but not to any period more than sixty 1242
(60) days prior to the date of reinstatement. (The last sentence 1243
of the above provision may be omitted from any policy which the 1244
insured has the right to continue in force subject to its terms by 1245
the timely payment of premiums (1) until at least age fifty (50) 1246
or, (2) in the case of a policy issued after age forty-four (44), 1247
for at least five (5) years from its date of issue.) 1248
(e) A provision as follows: 1249
Notice of claim: 1250
Written notice of claim must be given to the insurer within 1251
thirty (30) days after the occurrence or commencement of any loss 1252
covered by the policy, or as soon thereafter as is reasonably 1253
possible. Notice given by or on behalf of the insured or the 1254
beneficiary to the insurer at ________________ (insert the 1255
location of such office as the insurer may designate for the 1256
purpose), or to any authorized agent of the insurer, with 1257
information sufficient to identify the insured, shall be deemed 1258
notice to the insurer. 1259
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(In a policy providing a loss of time benefit which may be 1260
payable for at least two (2) years, an insurer may, at its option, 1261
insert the following between the first and second sentences of the 1262
above provision: "Subject to the qualifications set forth below, 1263
if the insured suffers loss of time on account of disability for 1264
which indemnity may be payable for at least two (2) years, he 1265
shall, at least once in every six (6) months after having given 1266
notice of claim, give to the insurer notice of continuance of said 1267
disability, except in the event of legal incapacity. The period 1268
of six (6) months following any filing of proof by the insured or 1269
any payment by the insurer on account of such claim or any denial 1270
of liability, in whole or in part, by the insurer shall be 1271
excluded in applying this provision. Delay in the giving of such 1272
notice shall not impair the insured's right to any indemnity which 1273
would otherwise have accrued during the period of six (6) months 1274
preceding the date on which such notice is actually given.") 1275
(f) A provision as follows: 1276
Claim forms: 1277
The insurer, upon receipt of a notice of claim, will furnish 1278
to the claimant such forms as are usually furnished by it for 1279
filing proofs of loss. If such forms are not furnished within 1280
fifteen (15) days after the giving of such notice, the claimant 1281
shall be deemed to have complied with the requirements of this 1282
policy as to proof of loss upon submitting, within the time fixed 1283
in the policy for filing proofs of loss, written proof covering 1284
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the occurrence, the character and the extent of the loss for which 1285
claim is made. 1286
(g) A provision as follows: 1287
Proofs of loss: 1288
Written proof of loss must be furnished to the insurer at its 1289
said office, in case of claim for loss for which this policy 1290
provides any periodic payment contingent upon continuing loss, 1291
within ninety (90) days after the termination of the period for 1292
which the insurer is liable, and in case of claim for any other 1293
loss, within ninety (90) days after the date of such loss. 1294
Failure to furnish such proof within the time required shall not 1295
invalidate or reduce any claim if it was not reasonably possible 1296
to give proof within such time, provided such proof is furnished 1297
as soon as reasonably possible and in no event, except in the 1298
absence of legal capacity, later than one (1) year from the time 1299
proof is otherwise required. 1300
(h) A provision as follows: 1301
Time of payment of claims: 1302
1. All benefits payable under this policy for any 1303
loss, other than loss for which this policy provides any periodic 1304
payment, will be paid within twenty-five (25) days after receipt 1305
of due written proof of such loss in the form of a clean claim 1306
where claims are submitted electronically, and will be paid within 1307
thirty-five (35) days after receipt of due written proof of such 1308
loss in the form of clean claim where claims are submitted in 1309
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paper format. Benefits due under the policies and claims are 1310
overdue if not paid within twenty-five (25) days or thirty-five 1311
(35) days, whichever is applicable, after the insurer receives a 1312
clean claim containing necessary medical information and other 1313
information essential for the insurer to administer preexisting 1314
condition, coordination of benefits and subrogation provisions. A 1315
"clean claim" means a claim received by an insurer for 1316
adjudication and which requires no further information, adjustment 1317
or alteration by the provider of the services or the insured in 1318
order to be processed and paid by the insurer. A claim is clean 1319
if it has no defect or impropriety, including any lack of 1320
substantiating documentation, or particular circumstance requiring 1321
special treatment that prevents timely payment from being made on 1322
the claim under this provision. A clean claim includes 1323
resubmitted claims with previously identified deficiencies 1324
corrected. Upon request, the insurer shall provide to the insured 1325
or the provider submitting a claim a written list of the 1326
information required and the documentation required for the 1327
insurer to deem a claim to be clean, and the insurer shall then be 1328
bound to such list. Errors, such as system errors, attributable 1329
to the insurer, do not change the clean claim status. 1330
A clean claim does not include any of the following: 1331
a. A duplicate claim, which means an original 1332
claim and its duplicate when the duplicate is filed within thirty 1333
(30) days of the original claim; 1334
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b. Claims which are submitted fraudulently or 1335
that are based upon material misrepresentations; 1336
c. Claims that require information essential 1337
for the insurer to administer preexisting condition, coordination 1338
of benefits or subrogation provisions; or 1339
d. Claims submitted by a provider more than 1340
thirty (30) days after the date of completion of service; if the 1341
provider does not submit the claim on behalf of the insured, then 1342
a claim is not clean when submitted more than thirty (30) days 1343
after the date of billing by the provider to the insured. 1344
Not later than twenty-five (25) days after the date the 1345
insurer actually receives an electronic claim, the insurer shall 1346
pay the appropriate benefit in full, or any portion of the claim 1347
that is clean, and notify the provider (where the claim is owed to 1348
the provider) or the insured (where the claim is owed to the 1349
insured) of the reasons why the claim or portion thereof is not 1350
clean and will not be paid and what substantiating documentation 1351
and information is required to adjudicate the claim as clean. Not 1352
later than thirty-five (35) days after the date the insurer 1353
actually receives a paper claim, the insurer shall pay the 1354
appropriate benefit in full, or any portion of the claim that is 1355
clean, and notify the provider (where the claim is owed to the 1356
provider) or the insured (where the claim is owed to the insured) 1357
of the reasons why the claim or portion thereof is not clean and 1358
will not be paid and what substantiating documentation and 1359
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information is required to adjudicate the claim as clean. Any 1360
claim or portion thereof resubmitted with the supporting 1361
documentation and information requested by the insurer shall be 1362
paid within twenty (20) days after receipt. 1363
For purposes of this provision, the term "pay" means that the 1364
insurer shall either send cash or a cash equivalent by United 1365
States mail, or send cash or a cash equivalent by other means such 1366
as electronic transfer, in full satisfaction of the appropriate 1367
benefit due the provider (where the claim is owed to the provider) 1368
or the insured (where the claim is owed to the insured). To 1369
calculate the extent to which any benefits are overdue, payment 1370
shall be treated as made on the date a draft or other valid 1371
instrument was placed in the United States mail to the last known 1372
address of the provider (where the claim is owed to the provider) 1373
or the insured (where the claim is owed to the insured) in a 1374
properly addressed, postpaid envelope, or, if not so posted, or 1375
not sent by United States mail, on the date of delivery of payment 1376
to the provider or insured. 1377
2. Subject to due written proof of loss, all 1378
accrued benefits for loss for which this policy provides periodic 1379
payment will be paid _______________ (insert period for payment 1380
which must not be less frequently than monthly), and any balance 1381
remaining unpaid upon the termination of liability will be paid 1382
within thirty (30) days after receipt of due written proof. 1383
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3. If the claim is not denied for valid and proper 1384
reasons by the end of the applicable time period prescribed in 1385
this provision, the insurer must pay the provider (where the claim 1386
is owed to the provider) or the insured (where the claim is owed 1387
to the insured) interest on accrued benefits at the rate of three 1388
percent (3%) per month accruing from the day after payment was due 1389
on the amount of the benefits that remain unpaid until the claim 1390
is finally settled or adjudicated. Whenever interest due pursuant 1391
to this provision is less than One Dollar ($1.00), such amount 1392
shall be credited to the account of the person or entity to whom 1393
such amount is owed. The provisions of this subparagraph 3 shall 1394
not apply to any claims or benefits owed under Medicare Advantage 1395
plans or Medicare Advantage Prescription Drug plans. 1396
4. In the event the insurer fails to pay benefits 1397
when due, the person entitled to such benefits may bring action to 1398
recover such benefits, any interest which may accrue as provided 1399
in subparagraph 3 of this paragraph (h) and any other damages as 1400
may be allowable by law. If it is determined in such action that 1401
the insurer acted in bad faith as evidenced by a repeated or 1402
deliberate pattern of failing to pay benefits and/or claims when 1403
due, the person entitled to such benefits (health care provider or 1404
insured) shall be entitled to recover damages in an amount up to 1405
three (3) times the amount of the benefits that remain unpaid 1406
until the claim is finally settled or adjudicated. 1407
(i) A provision as follows: 1408
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Payment of claims: 1409
Indemnity for loss of life will be payable in accordance with 1410
the beneficiary designation and the provisions respecting such 1411
payment which may be prescribed herein and effective at the time 1412
of payment. If no such designation or provision is then 1413
effective, such indemnity shall be payable to the estate of the 1414
insured. Any other accrued indemnities unpaid at the insured's 1415
death may, at the option of the insurer, be paid either to such 1416
beneficiary or to such estate. All other indemnities will be 1417
payable to the insured. When payments of benefits are made to an 1418
insured directly for medical care or services rendered by a health 1419
care provider, the health care provider shall be notified of such 1420
payment. The notification requirement shall not apply to a 1421
fixed-indemnity policy, a limited benefit health insurance policy, 1422
medical payment coverage or personal injury protection coverage in 1423
a motor vehicle policy, coverage issued as a supplement to 1424
liability insurance or workers' compensation. If the insured 1425
provides the insurer with written direction that all or a portion 1426
of any indemnities or benefits provided by the policy be paid to a 1427
licensed health care provider rendering hospital, nursing, medical 1428
or surgical services, then the insurer shall pay directly the 1429
licensed health care provider rendering such services; provided, 1430
however, licensed health care provider shall not include those in 1431
the practice of dentistry. That payment shall be considered 1432
payment in full to the provider, who may not bill or collect from 1433
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the insured any amount above that payment, other than the 1434
deductible, coinsurance, copayment or other charges for equipment 1435
or services requested by the insured that are noncovered benefits. 1436
Any dispute between a provider and the insured arising under these 1437
provisions regarding assignment of benefits and billing may be 1438
resolved by the Commissioner of Insurance. The Commissioner of 1439
Insurance shall adopt any rules and regulations necessary to 1440
enforce these provisions regarding assignment of benefits and 1441
billing. 1442
(The following provision may be included with the foregoing 1443
provision at the option of the insurer: "If any indemnity of this 1444
policy shall be payable to the estate of the insured, or to an 1445
insured or beneficiary who is a minor or otherwise not competent 1446
to give a valid release, the insurer may pay such indemnity, up to 1447
an amount not exceeding $______________ (insert an amount which 1448
must not exceed One Thousand Dollars ($1,000.00)), to any relative 1449
by blood or connection by marriage of the insured or beneficiary 1450
who is deemed by the insurer to be equitably entitled thereto. 1451
Any payment made by the insurer in good faith pursuant to this 1452
provision shall fully discharge the insurer to the extent of such 1453
payment.") 1454
(j) A provision as follows: 1455
Physical examinations: 1456
The insurer at his own expense shall have the right and 1457
opportunity to examine the person of the insured when and as often 1458
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as it may reasonably require during the pendency of a claim 1459
hereunder. 1460
(k) A provision as follows: 1461
Legal actions: 1462
No action at law or in equity shall be brought to recover on 1463
this policy prior to the expiration of sixty (60) days after 1464
written proof of loss has been furnished in accordance with the 1465
requirements of this policy. No such action shall be brought 1466
after the expiration of three (3) years after the time written 1467
proof of loss is required to be furnished. 1468
(l) A provision as follows: 1469
Change of beneficiary: 1470
Unless the insured makes an irrevocable designation of 1471
beneficiary, the right to change the beneficiary is reserved to 1472
the insured, and the consent of the beneficiary or beneficiaries 1473
shall not be requisite to surrender or assignment of this policy, 1474
or to any change of beneficiary or beneficiaries, or to any other 1475
changes in this policy. 1476
(The first clause of this provision, relating to the 1477
irrevocable designation of beneficiary, may be omitted at the 1478
insurer's option.) 1479
(2) Other provisions. Except as provided in subsection (3) 1480
of this section, no such policy delivered or issued for delivery 1481
to any person in this state shall contain provisions respecting 1482
the matters set forth below unless such provisions are in the 1483
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words in which the same appear in this section. However, the 1484
insurer may, at its option, use in lieu of any such provision a 1485
corresponding provision of different wording approved by the 1486
commissioner which is not less favorable in any respect to the 1487
insured or the beneficiary. Any such provision contained in the 1488
policy shall be preceded individually by the appropriate caption 1489
appearing in this subsection or, at the option of the insurer, by 1490
such appropriate individual or group captions or subcaptions as 1491
the commissioner may approve. 1492
(a) A provision as follows: 1493
Change of occupation: 1494
If the insured be injured or contract sickness after having 1495
changed his occupation to one classified by the insurer as more 1496
hazardous than that stated in this policy or while doing for 1497
compensation anything pertaining to an occupation so classified, 1498
the insurer will pay only such portion of the indemnities provided 1499
in this policy as the premium paid would have purchased at the 1500
rates and within the limits fixed by the insurer for such more 1501
hazardous occupation. If the insured changes his occupation to 1502
one classified by the insurer as less hazardous than that stated 1503
in this policy, the insurer, upon receipt of proof of such change 1504
of occupation, will reduce the premium rate accordingly, and will 1505
return the excess pro rata unearned premium from the date of 1506
change of occupation or from the policy anniversary date 1507
immediately preceding receipt of such proof, whichever is the most 1508
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recent. In applying this provision, the classification of 1509
occupational risk and the premium rates shall be such as have been 1510
last filed by the insurer prior to the occurrence of the loss for 1511
which the insurer is liable, or prior to date of proof of change 1512
in occupation, with the state official having supervision of 1513
insurance in the state where the insured resided at the time this 1514
policy was issued; but if such filing was not required, then the 1515
classification of occupational risk and the premium rates shall be 1516
those last made effective by the insurer in such state prior to 1517
the occurrence of the loss or prior to the date of proof of change 1518
in occupation. 1519
(b) A provision as follows: 1520
Misstatement of age: 1521
If the age of the insured has been misstated, all amounts 1522
payable under this policy shall be such as the premium paid would 1523
have purchased at the correct age. 1524
(c) A provision as follows: 1525
Relation of earnings to issuance: 1526
If the total monthly amount of loss of time benefits promised 1527
for the same loss under all valid loss of time coverage upon the 1528
insured, whether payable on a weekly or monthly basis, shall 1529
exceed the monthly earnings of the insured at the time disability 1530
commenced or his average monthly earnings for the period of two 1531
(2) years immediately preceding a disability for which claim is 1532
made, whichever is the greater, the insurer will be liable only 1533
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for such proportionate amount of such benefits under this policy 1534
as the amount of such monthly earnings or such average monthly 1535
earnings of the insured bears to the total amount of monthly 1536
benefits for the same loss under all such coverage upon the 1537
insured at the time such disability commences and for the return 1538
of such part of the premiums paid during such two (2) years as 1539
shall exceed the pro rata amount of the premiums for the benefits 1540
actually paid hereunder; but this shall not operate to reduce the 1541
total monthly amount of benefits payable under all such coverage 1542
upon the insured below the sum of Two Hundred Dollars ($200.00) or 1543
the sum of the monthly benefits specified in such coverages, 1544
whichever is the lesser, nor shall it operate to reduce benefits 1545
other than those payable for loss of time. 1546
(The foregoing policy provision may be inserted only in a 1547
policy which the insured has the right to continue in force 1548
subject to its terms by the timely payment of premiums (1) until 1549
at least age fifty (50) or, (2) in the case of a policy issued 1550
after age forty-four (44), for at least five (5) years from its 1551
date of issue. The insurer may, at its option, include in this 1552
provision a definition of "valid loss of time coverage," approved 1553
as to form by the commissioner, which definition shall be limited 1554
in subject matter to coverage provided by governmental agencies or 1555
by organizations subject to regulations by insurance law or by 1556
insurance authorities of this or any other state of the United 1557
States or any province of Canada, or to any other coverage the 1558
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inclusion of which may be approved by the commissioner, or any 1559
combination of such coverages. In the absence of such definition, 1560
such term shall not include any coverage provided for such insured 1561
pursuant to any compulsory benefit statute (including any workers' 1562
compensation or employer's liability statute), or benefits 1563
provided by union welfare plans or by employer or employee benefit 1564
organizations.) 1565
(d) A provision as follows: 1566
Unpaid premium: 1567
Upon the payment of a claim under this policy, any premium 1568
then due and unpaid or covered by any note or written order may be 1569
deducted therefrom. 1570
(e) A provision as follows: 1571
Cancellation: 1572
The insurer may cancel this policy at any time by written 1573
notice delivered to the insured, or mailed to his last address as 1574
shown by the records of the insurer, stating when, not less than 1575
five (5) days thereafter, such cancellation shall be effective; 1576
and after the policy has been continued beyond its original term, 1577
the insured may cancel this policy at any time by written notice 1578
delivered or mailed to the insurer, effective upon receipt or on 1579
such later date as may be specified in such notice. In the event 1580
of cancellation, the insurer will return promptly the unearned 1581
portion of any premium paid. If the insured cancels, the earned 1582
premium shall be computed by the use of the short-rate table last 1583
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filed with the state official having supervision of insurance in 1584
the state where the insured resided when the policy was issued. 1585
If the insurer cancels, the earned premium shall be computed pro 1586
rata. Cancellation shall be without prejudice to any claim 1587
originating prior to the effective date of cancellation. 1588
(f) A provision as follows: 1589
Conformity with state statutes: 1590
Any provision of this policy which, on its effective date, is 1591
in conflict with the statutes of the state in which the insured 1592
resides on such date is hereby amended to conform to the minimum 1593
requirements of such statutes. 1594
(g) A provision as follows: 1595
Illegal occupation: 1596
The insurer shall not be liable for any loss to which a 1597
contributing cause was the insured's commission of or attempt to 1598
commit a felony or to which a contributing cause was the insured's 1599
being engaged in an illegal occupation. 1600
(h) A provision as follows: 1601
Intoxicants and narcotics: 1602
The insurer shall not be liable for any loss sustained or 1603
contracted in consequence of the insured's being intoxicated or 1604
under the influence of any narcotic unless administered on the 1605
advice of a physician. 1606
(3) Inapplicable or inconsistent provisions. If any 1607
provision of this section is, in whole or in part, inapplicable to 1608
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or inconsistent with the coverage provided by a particular form of 1609
policy, the insurer, with the approval of the commissioner, shall 1610
omit from such policy any inapplicable provision or part of a 1611
provision, and shall modify any inconsistent provision or part of 1612
the provision in such manner as to make the provision as contained 1613
in the policy consistent with the coverage provided by the policy. 1614
(4) Order of certain policy provisions. The provisions 1615
which are the subject of subsections (1) and (2) of this section, 1616
or any corresponding provisions which are used in lieu thereof in 1617
accordance with such subsections, shall be printed in the 1618
consecutive order of the provisions in such subsections or, at the 1619
option of the insurer, any such provision may appear as a unit in 1620
any part of the policy, with other provisions to which it may be 1621
logically related, provided the resulting policy shall not be, in 1622
whole or in part, unintelligible, uncertain, ambiguous, abstruse 1623
or likely to mislead a person to whom the policy is offered, 1624
delivered or issued. 1625
(5) Third-party ownership. The word "insured," as used in 1626
Sections 83-9-1 through 83-9-21, Mississippi Code of 1972, shall 1627
not be construed as preventing a person other than the insured 1628
with a proper insurable interest from making application for and 1629
owning a policy covering the insured, or from being entitled under 1630
such a policy to any indemnities, benefits and rights provided 1631
therein. 1632
(6) Requirements of other jurisdictions. 1633
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(a) Any policy of a foreign or alien insurer, when 1634
delivered or issued for delivery to any person in this state, may 1635
contain any provision which is not less favorable to the insured 1636
or the beneficiary than the provisions of Sections 83-9-1 through 1637
83-9-21, Mississippi Code of 1972, and which is prescribed or 1638
required by the law of the state under which the insurer is 1639
organized. 1640
(b) Any policy of a domestic insurer may, when issued 1641
for delivery in any other state or country, contain any provision 1642
permitted or required by the laws of such other state or country. 1643
(7) Filing procedure. The commissioner may make such 1644
reasonable rules and regulations concerning the procedure for the 1645
filing or submission of policies subject to the cited sections as 1646
are necessary, proper or advisable to the administration of said 1647
sections. This provision shall not abridge any other authority 1648
granted the commissioner by law. 1649
(8) Administrative penalties. 1650
(a) If the commissioner finds that an insurer, during 1651
any calendar year, has paid at least eighty-five percent (85%), 1652
but less than ninety-five percent (95%), of all clean claims 1653
received from all providers during that year in accordance with 1654
the provisions of subsection (1)(h) of this section, the 1655
commissioner may levy an aggregate penalty in an amount not to 1656
exceed Ten Thousand Dollars ($10,000.00). If the commissioner 1657
finds that an insurer, during any calendar year, has paid at least 1658
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fifty percent (50%), but less than eighty-five percent (85%), of 1659
all clean claims received from all providers during that year in 1660
accordance with the provisions of subsection (1)(h) of this 1661
section, the commissioner may levy an aggregate penalty in an 1662
amount of not less than Ten Thousand Dollars ($10,000.00) nor more 1663
than One Hundred Thousand Dollars ($100,000.00). If the 1664
commissioner finds that an insurer, during any calendar year, has 1665
paid less than fifty percent (50%) of all clean claims received 1666
from all providers during that year in accordance with the 1667
provisions of subsection (1)(h) of this section, the commissioner 1668
may levy an aggregate penalty in an amount not less than One 1669
Hundred Thousand Dollars ($100,000.00) nor more than Two Hundred 1670
Thousand Dollars ($200,000.00). In determining the amount of any 1671
fine, the commissioner shall take into account whether the failure 1672
to achieve the standards in subsection (1)(h) of this section were 1673
due to circumstances beyond the control of the insurer. The 1674
insurer may request an administrative hearing to contest the 1675
assessment of any administrative penalty imposed by the 1676
commissioner pursuant to this subsection within thirty (30) days 1677
after receipt of the notice of assessment. 1678
(b) Examinations to determine compliance with 1679
subsection (1)(h) of this section may be conducted by the 1680
commissioner or any of his examiners. The commissioner may 1681
contract with qualified impartial outside sources to assist in 1682
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examinations to determine compliance. The expenses of any such 1683
examinations shall be paid by the insurer examined. 1684
(c) Nothing in the provisions of subsection (1)(h) of 1685
this section shall require an insurer to pay claims that are not 1686
covered under the terms of a contract or policy of accident and 1687
sickness insurance. 1688
(d) An insurer and a provider may enter into an express 1689
written agreement containing timely claim payment provisions which 1690
differ from, but are at least as stringent as, the provisions set 1691
forth under subsection (1)(h) of this section, and in such case, 1692
the provisions of the written agreement shall govern the timely 1693
payment of claims by the insurer to the provider. Any such 1694
written agreement shall contain a provision that the insurer shall 1695
provide to the insured or the provider submitting a claim a 1696
written list of the information required and the documentation 1697
required for the insurer to deem a claim to be clean, and the 1698
insurer shall then be bound to such list. If the express written 1699
agreement is silent as to any interest penalty where claims are 1700
not paid in accordance with the agreement, the interest penalty 1701
provision of subsection (1)(h)3 of this section shall apply. The 1702
commissioner shall have jurisdiction and authority to ensure any 1703
written agreement complies with the foregoing requirements. 1704
Further, the commissioner shall have jurisdiction and authority to 1705
apply the Administrative Penalties set forth in subsection (8) of 1706
this section to the written agreement. 1707
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(e) The commissioner may adopt rules and regulations 1708
necessary to ensure compliance with this subsection. 1709
(9) The commissioner may adopt rules and regulations 1710
necessary to ensure compliance with the provisions of this 1711
section. 1712
SECTION 14. Section 97-19-57, Mississippi Code of 1972, is 1713
brought forward as follows: 1714
97-19-57. (1) As against the maker, drawer or payor 1715
thereof, the making, drawing, issuing, uttering, delivering, or 1716
initiation of a check, draft, order, electronically converted 1717
check, or electronic commercial debit payment of which is refused 1718
by the drawee, shall be prima facie evidence and create a 1719
presumption of intent to defraud and of knowledge of insufficient 1720
funds in, or on deposit with, such bank, corporation, firm or 1721
person, provided such maker, drawer or payor shall not have paid 1722
the holder or payee thereof the amount due thereon, together with 1723
a service charge of Forty Dollars ($40.00), within fifteen (15) 1724
days after receiving notice that such check, draft, order, 1725
electronically converted check, or electronic commercial debit has 1726
not been paid by the drawee or payor's bank. 1727
(2) For purposes of Section 11-7-12, the form of the notice 1728
provided for in subsection (1) of this section for a check, draft, 1729
order, or electronically converted check shall be sent by regular 1730
mail and shall be substantially as follows: "This statutory 1731
notice is provided pursuant to Section 97-19-57, Mississippi Code 1732
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of 1972. You are hereby notified that a check, draft, order, or 1733
electronically converted check numbered _____, apparently issued 1734
by you on _____ (date), drawn upon _____ (name of bank), and 1735
payable to _____, has been dishonored. Pursuant to Mississippi 1736
law, you have fifteen (15) days from receipt of this notice to 1737
tender payment of the full amount of such check, draft or order, 1738
or electronically converted check plus a service charge of Forty 1739
Dollars ($40.00), the total amount due being $_____. Failure to 1740
pay this amount in full within the time specified above shall be 1741
prima facie evidence of and create a presumption of both the 1742
intent to defraud and the knowledge of insufficient funds in, or 1743
on deposit with, such bank in violation of Section 97-19-55." 1744
(3) For purposes of Section 97-19-67, the form of the notice 1745
provided for in subsection (1) of this section for a check, draft, 1746
order, or electronically converted check shall be sent by regular 1747
mail, supported by an affidavit of service by mailing, and shall 1748
be substantially as follows: "This statutory notice is provided 1749
pursuant to Section 97-19-57, Mississippi Code of 1972. You are 1750
hereby notified that a check, draft, order, or electronically 1751
converted check numbered _____, apparently issued by you on _____ 1752
(date), drawn upon _____ (name of bank), and payable to _____, has 1753
been dishonored. Pursuant to Mississippi law, you have fifteen 1754
(15) days from receipt of this notice to tender payment of the 1755
full amount of such check, draft or order, or electronically 1756
converted check plus a service charge of Forty Dollars ($40.00), 1757
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the total amount due being $_____. Unless this amount is paid in 1758
full within the time specified above, the holder may assume that 1759
you delivered the instrument with intent to defraud and may turn 1760
over the dishonored instrument and all other available information 1761
relating to this incident to the proper authorities for criminal 1762
prosecution." 1763
(4) For purposes of Sections 11-7-12 and 97-19-67, the form 1764
of notice provided for in subsection (1) of this section for an 1765
electronic commercial debit shall be sent by regular mail, 1766
supported by an affidavit of service by mailing, and shall be 1767
substantially as follows: "This statutory notice is provided 1768
pursuant to Section 97-19-57, Mississippi Code of 1972. You are 1769
hereby notified that on ______(date) an electronic commercial 1770
debit was initiated by_____(name of payee bank) on behalf of 1771
_______ (payee) to ___________ (name of payor bank) through the 1772
ACH Network requesting a payment in the amount of $_______ to 1773
___________ (payee) from your account pursuant to invoice number 1774
________ and our agreement dated ________, but that payment has 1775
been dishonored. Pursuant to Mississippi law, because the payee 1776
delivered ___________ (goods or service) to you in reliance upon 1777
the agreement, you have fifteen (15) days from receipt of this 1778
notice to tender payment of the full amount of such electronic 1779
commercial debit plus a service charge of Forty Dollars ($40.00), 1780
the total amount due being $_______. Failure to pay this amount 1781
in full within the time specified above shall be prima facie 1782
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evidence of and create a presumption of both the intent to defraud 1783
and the knowledge of insufficient funds in, or on deposit with, 1784
such bank in violation of Section 97-19-55, and the payee may 1785
assume that you entered into such agreement with intent to defraud 1786
and may turn over all documentation related to the dishonored 1787
electronic commercial debit to the proper authorities for criminal 1788
prosecution." 1789
(5) If any notice is returned undelivered to the sender 1790
after such notice was mailed to the address printed on the check, 1791
draft or order, or to the address given by the accused at the time 1792
of issuance of the instrument, such return shall be prima facie 1793
evidence of the maker's or drawer's intent to defraud. 1794
(6) Affidavit of service by mail shall be adequate if made 1795
in substantially the following form: 1796
"STATE OF ____________ 1797
COUNTY OF ____________ 1798
________________, being first duly sworn on oath, deposes and 1799
states that he/she is at least eighteen (18) years of age and that 1800
on (date)______________, 2___, he/she served the attached Notice 1801
of Dishonor by placing a true and correct copy thereof securely 1802
enclosed in an envelope addressed as follows: 1803
______________________________ 1804
______________________________ 1805
______________________________ 1806
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and deposited the same, postage prepaid, in the United States mail 1807
at ________________________, __________________________. 1808
__________________________________ 1809
(signature) 1810
Subscribed to and sworn before me, this the ________ day of 1811
_____________________, 2___. 1812
_________________________________ 1813
(Notary Public) 1814
My commission expires: 1815
(SEAL)" 1816
(7) Without in any way limiting the provisions of this 1817
section, this section shall apply to a draft for the payment of 1818
money given for a motor vehicle even if such payment is 1819
conditioned upon delivery of documents necessary for transfer of a 1820
valid title to the purchaser. 1821
SECTION 15. Section 65-43-79, Mississippi Code of 1972, is 1822
amended as follows: 1823
65-43-79. (1) Any person aggrieved by a final decision of 1824
the adjudicative process set forth in Section 65-43-77, may appeal 1825
such decision within ten (10) days from the date of the postmark 1826
appearing on the notice of final decision mailed to the 1827
contestant. The appeal shall be initiated by the filing of a 1828
written notice of appeal accompanied by a bill of exceptions which 1829
shall embody the facts, order and decision of the adjudicative 1830
body and which shall be signed by the party executing the final 1831
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decision appealed from. The contestant shall file the notice of 1832
appeal and bill of exceptions in the circuit court of the county 1833
in which the alleged violation took place and the court shall hear 1834
and determine the same on the case as presented by the bill of 1835
exceptions as an appellate court and shall affirm or reverse the 1836
final decision. A copy of that notice and bill of exceptions must 1837
be provided to all parties or their attorneys of record and the 1838
lower authority whose order or judgment is being appealed. A 1839
certificate of service must accompany the written notice of 1840
appeal. If the decision be reversed, the circuit court shall 1841
render such order or judgment and certify same to that body; and 1842
the costs shall be awarded as in other cases. The contents of the 1843
adjudicative body's official file in the case, including a copy of 1844
the notice of toll evasion violation, shall be made a part of the 1845
record on appeal and shall constitute prima facie evidence of the 1846
facts stated therein. A copy of the written notice of appeal 1847
shall be served by the contestant by certified mail, return 1848
receipt requested, upon the adjudicative body by service upon the 1849
party executing the final decision. 1850
(2) If no written notice of appeal of the final decision is 1851
filed within the period set forth in subsection (1) of this 1852
section, the decision shall be deemed final. 1853
(3) If the toll evasion penalty, along with the amount of 1854
the unpaid toll, * * * has not been paid and the decision 1855
resulting from the judicial review of the final decision is 1856
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ST: Mailbox rule; bring forward code sections
related to.
adverse to the contestant, the processing agency may, promptly 1857
after the decision becomes final, proceed to collect the penalty. 1858
SECTION 16. This act shall take effect and be in force from 1859
and after July 1, 2026. 1860