Local legislators discuss bills passed and working way through session
Published 8:41 pm Saturday, February 10, 2018
Should people holding enhanced carry permits be allowed sue if they are prohibited from bringing their firearms onto public property?
A House bill passed Friday says they should, and has brought criticism from the Southeastern Conference commissioner. The bill was one of two major bills passed Friday in the House as the Mississippi Legislature ended for the week. The House and the Senate both passed bills amending the state’s Medicaid program.
Known as House Bill 1083, the measure allows someone with an enhanced conceal carry permit who believes he has been prohibited by any rule, policy or notice from bringing his weapon on public property may file suit in circuit court, pending an investigation by the Attorney General’s office into the complaint.
If the Attorney General’s investigation finds the policy or notice is in violation of the state’s concealed carry law, the gun owner may file suit against the agency or person who set the policy. The bill passed 80-29.
SEC Commissioner Greg Sankey has raised concerns about the potential bill.
In letters to Mississippi State University President Mark Keenum and University of Mississippi Chancellor Jeffrey Vitter, Sankey wrote, “It is likely that competitors will decline opportunities to play in Oxford and Starkville, game officials will decline assignments, personal safety concerns will be used against Mississippi’s universities during the recruiting process and fan attendance will be negatively impacted.”
District 55 Rep. Oscar Denton, D-Vicksburg, who said he supports the second amendment and is a gun owner, said the law “is taking the right away from universities, courthouses and other places that post these signs that say, ‘No guns allowed under any circumstances’ (to keep firearms out).
“In my opinion that is one of the worst things we could possibly do,” he said, adding he hopes the negative fallout against the bill will change it.
District 54 Rep. Kevin Ford, R-Vicksburg, said the bill does not include additional places where gun owners with enhanced permits can go, but clarifies where they can carry their weapons and gives them an avenue to challenge a ban.
“The existing law is not changed,” he said. He said he has not read Sankey’s letter or any letters from college chancellors.
“The enhanced concealed carry permit is the most strenuous you can get in the state of Mississippi, these people go through rigorous background checks. These are people who have met the standards to have a concealed weapon on them. You have to handle your weapon professionally at all times when you have it on you, so that standard is higher than anyone else.”
State Sen. Briggs Hopson, R-Vicksburg, declined to comment on the House concealed carry bill, saying he had not seen the bill.
“I’m sure I will see it in the next 10 days,” he said. “We finished Senate bills this week. We’ll start on appropriations bills Monday and Tuesday, and the rest of next week will be spent on appropriations, and then the next week House bills and looking at what bills will be assigned to our committees.”
Medicaid bill
The Medicaid bill passed the House by a vote of 108-3.
“We made several amendments to it,” Denton said. “I’m not saying it’s perfect, but it’s a whole lot better, because the chairman did work with us on that one.”
He said the amendments added to the bill influenced the vote.
The House bill, which still must be approved by the Senate, removes the cap on the annual limit in doctor visits and authorizes OB/GYN physicians to be reimbursed as primary care physicians. It also eliminates caps on the number of home health care visits and prescription drugs for Medicaid recipients.
It also provides increase reimbursement for psychiatrists and for providing treatment for people being treated for opioid abuse.
The other thing the Medicaid bill does, is put a cap on the amount of money the state has to pay out, and allows the program to stay in budget, Ford said. He said previously when Medicaid ran short of funds, officials came to the Legislature to seek more money.
The new bill provides an option to make budget changes and keep the costs down before asking for more money.
Hopson said the Senate’s Medicaid bill version was passed and sent to the House.
“There’s still a lot of work to be done; I don’t know what the final product will be. I hate to even guess at this point,” he said.
“We need to be able to take care of the people who unfortunately can’t afford to take care of themselves, and at the same time, we have to be cognizant of the overall effect it has on the budget and how the medical costs have put such an overall burden on the state budget picture.
“I really believe the Medicaid bill is going to be one of the last things that’s approved.”
Dogfighting bill
Hopson also addressed the dogfighting bill, which makes promoting, sponsoring, betting or participating in a dogfight a felony punishable by a maximum 10-year prison sentence and a fine of up to $10,000. Under the bill, spectators can receive up to one year in jail and be fined up to $5,000. The bill that passed the Senate has been criticized as “watered down.” It was sent to the floor from the Senate Judiciary A Committee. Hopson, who is not a committee member, is chairman of the Judiciary B Committee.
He said the original bill called for a maximum 25-year prison sentence for promoting and sponsoring dog fights.
“Most members of the committee and most members I spoke to in the Senate, felt like that was entirely too harsh, since we don’t even give that much penalty for manslaughter,” Hopson said. “And people thought that would be thoroughly irresponsible to give that kind of penalty for dogfighting than you would for killing someone, and I agree.”
According to state law, the maximum penalty for manslaughter is 20 years in prison.
The committee, he said, agreed to the 10-year prison sentence and doubling the fine, which presently is $5,000.
“It’s a very strong bill, and anyone who thinks it’s watered down, may not be looking at it in context with looking at our other criminal bills on the statute, and particular those that pertain to things like child abuse, manslaughter and aggravated assault.”