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Transcript: Gov. Tate Reeves delivers 2023 State of the State address

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Transcript: Gov. Tate Reeves delivers 2023 State of the State address

Gov. Tate Reeves, a first-term Republican, delivered his annual State of the State address on Jan. 30, 2023.

Below is the transcript of Reeves' speech, which aired live on Mississippi Public Broadcasting.

Editor's note: This transcript was submitted by Reeves' staff and has not been formatted to match Mississippi Today's style.

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WATCH: Gov. Tate Reeves' full State of the State address.


Thank you, Lieutenant Governor Hosemann and Speaker Gunn.

To the members of the legislature and other elected officials here tonight, thank you. Thank you for your continued partnership and thank you for the tireless work you do on behalf of our great state and her people.

I also have to take a moment to thank my beautiful wife and Mississippi's outstanding First Lady, Elee. She's an incredible wife, an awesome mom, and a wonderful representative for our state. I'm amazed daily by your grace and your kindness, and I'm so thankful to have you in my life every single day.

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Finally and most importantly, I have to thank the three million Mississippians who have helped our state usher in an unprecedented period of economic growth, educational achievement, and freedom.

2022 was perhaps the best year in Mississippi's history. Because, here in Mississippi and unlike in Washington, D.C., we still have the incredible capacity to work together and accomplish great things for our constituents.

The sense that our state is one big, small town binds us and it furthers a sense of optimism that we can still work together here and deliver results on behalf of our people.

The people of Mississippi are our state's strength. It is because of your hard work that our state is primed and ready to face the challenges of tomorrow.

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It is because of your work ethic and your commitment to excellence that more and more companies are choosing to do business in Mississippi and that our state's brightest days lie in front of us.

It has been the privilege of a lifetime to serve as your governor over the last three years. I haven't taken it for granted for one second, and I promise you that I never will. It is truly an honor to wake up each and every day and get to work on your behalf, and I look forward to making even bigger things happen in this great state.

Now, over these years some days have been more challenging than others. But no matter what's thrown at Mississippi, I thank God each night that I have the chance to live, work, and serve alongside of you. There is no place I would have rather weathered tornadoes, floods, hurricanes, or a global pandemic than right here in Mississippi.

But Mississippi – and I think you'll agree too – means more than simply a place to batten down the hatches during natural disasters.

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Mississippi is all of our home. Our state is filled with natural beauty and friendly people. I, like so many of y'all today, am grateful to be raised in this loving community.

I'm proud to be a Mississippian, and I'm proud of the life lessons I've learned from the people I've met along the way.

One of those people, is my – my dad. Now, I don't remember the first time I met him because I was only a few minutes old. But I do remember some of the lessons he taught me, especially when it comes to the value of hard work.

My father grew up in a two-room home with five brothers and five sisters in Bogue Chitto. He started a small business in the early 70's and spent many, many nights sweeping the dirt floors and praying for his next clients.

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Like entrepreneurs across Mississippi, he spent his life growing that business. Only in America could the son of that man stand here today as the governor of this great state. It is the American Dream, and the lessons I learned from him have inspired everything that I've done.

I've tried my best to take those lessons with me over the years and incorporate them into everything that I do. I've leaned on them when times were good, and I've leaned on them when times were bad.

They've helped to keep me grounded and to remember what's really important in life. They've helped me govern, and they've helped me keep perspective.

Today, it's a cold-hard-fact that really, really good things are happening in Mississippi. And it's my honor to stand before you today and announce that the state of our state is stronger than ever.

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Our state is strong because our people and my administration are laser focused on the issues that matter to Mississippians.

As you've heard me say before, the way we measure success is in the wages of our workers, the success of our students, and winning the war on our values.

Mississippi is hitting the target on all three of these fronts.

First, wages. Since 2019, we've raised per capita personal income in Mississippi by approximately $7,000 or almost 18%. We are boosting the money that Mississippi families are bringing home – especially right now, as we combat rising inflation from wasteful spending in Washington, D.C.

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This wasn't by accident. We were able to accomplish this momentous feat because we never wavered from the tried and true economic and fiscally conservative principles that have set up states for growth for generations. And we were able to accomplish this despite the left's best attempts to grow government.

Our conservative reforms and sound budget management have laid the foundation for this economic boom. It's the policies of yesterday that have paved the pathway to today's prosperity.

It's led us to a $4 billion budget surplus. $4 billion!

It's led to investing a historic amount in jobs training, and because of that we have the lowest unemployment rate in our state's history.

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It resulted in a record $6 billion in new capital investment in 2022, which is more than seven times the previous average of approximately $900 million a year before I became governor.

And it helped us finalize the largest economic project in Mississippi history – a $2.5 billion capital investment that will create 1,000 new jobs with an average salary of almost $100,000 a year.

But we had more than just one major economic deal. That grand slam was great, but there were dozens and dozens of projects impacting every corner of our state over the last year. The fact is that thanks to our singles and our doubles, Mississippi is starting to run up the scoreboard.

Last year we announced a $2 million investment that will create 117 new upholstery jobs in New Albany.

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We announced a $79 million investment that will create 21 new operations jobs in Pelahatchie.

We announced a $51 million investment that will create 41 new manufacturing jobs in Winona.

Canton, Philadelphia, Bay Springs, Columbus, Starkville, Southaven, Meridian, Calhoun, Waynesboro, Vicksburg, Olive Branch, and Corinth – just to name a few of the places that we announced investments this last year.

My friends, when it comes to setting up our people and state for more economic prosperity, we are, by every objective standard, getting the job done.

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We are boosting salaries and we are expanding the tax base. And we are investing in the areas that will provide our state with the highest return – our people.

I want our state to go even further in supporting Mississippians. Our state is in the best fiscal shape we've ever been in, and our state is in the best financial shape in history and our residents deserve to get a bigger piece of the pie.

We can and should do more to put additional dollars into the pockets of Mississippians. We will do this, by eliminating our state's income tax once and for all.

We can do this and we can do this without raising other taxes. You've heard me say this before, but I'm going to keep saying it because it's that important: government doesn't have anything that it doesn't first take from somebody else.

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I believe that Mississippians not politicians or the government know best how to spend their dollars. I also believe that those who have competitive advantages win.

We have a competitive advantage in our people. We need to add another competitive advantage with our tax code.

To build the best possible environment for entrepreneurs, to combat President Biden's runaway inflation, to compete with the likes of Florida, Tennessee and Texas, to continue making it easier for Mississippians to support their families, we must eliminate Mississippi's income tax.

That's why last year I was so proud to sign into law the largest tax cut in Mississippi history, which returned over half a billion dollars to Mississippians.

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That's more dollars in your pocket, more dollars in your kids' college funds, more dollars put toward buying a home or retirement, and more dollars for you to spend on your priorities. Not politicians' pet projects.

I'm proud of what we accomplished. But I'm even more fired up to keep the tax cuts coming. You have my word that as long as I'm governor, I'm going to continue relentlessly fighting for permanent, long-term tax relief that lets you keep more of your own hard-earned money.

But Mississippi isn't just witnessing historic achievements in our state's economy. We're also seeing it in classrooms across our state.

A little over a week ago we announced – for the third time since I've been governor – that Mississippi's high school graduation rate hit an all-time high and continues to be better than the national average.

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And like our state's economic growth, our education improvements didn't happen by accident.

Our state's stellar report card didn't just appear out of thin .

Mississippi insisted on getting kids back into school when other blue states stayed closed, and now we have the best education numbers in our state's history!

The year Philip Gunn and I first presided over a State of the State in 2012, Mississippi was dead last in fourth grade math. Now, we're above the national average at Number 23.

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That means that over the last ten years since we passed education reform, Mississippi surpassed half the states in the nation.

We've gone from needs improvement to most improved.

We've led the nation in fourth grade reading and fourth grade math gains.

And students from all walks of life are finding more success in Mississippi. In 2003, Mississippi was among the worst performers when it came to test scores for Black students. Today we're fifth in the entire nation when it comes to fourth grade reading test scores for Black students. Fifth in the entire nation!

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So, when some people say, “Mississippi is last in education,” folks, they're just not telling you the truth.

I want to personally thank all the legislators that played a role in helping to pass those education reforms. I also want to thank all the involved parents and dedicated teachers across Mississippi. We couldn't have accomplished these goals without you.

Our state – unlike some others that have been in the news – recognizes that we have a duty to both. We should ensure that parents continue to play an active role in their kids' education, and we should ensure that teachers are paid what they deserve.

It is my firm belief that Mississippi has some of the best teachers in the nation, and their salaries should reflect that.

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That's why I was proud to sign legislation giving Mississippi teachers the largest pay raise in state history. We elevated teacher salaries above not only the Southeastern average, but even above the national average!

Mississippi's teachers earned those raises, and I was proud to sign them into law.

But regardless of the technology or textbooks we put in front of our kids, nothing is more influential to a child's educational development than parents.

And when it comes to education, Mississippi should protect parents' voices and their right to be involved in the classroom. Because at the end of the day, the state doesn't run a child's life – parents do. We need more transparency in schools in this country. We need more choice. We need more freedom. That will be the best way to protect our children.

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I've been shocked to see how some states have embraced the misguided practice of pushing parents out of the classroom, pushing parents out of their children's lives, and pushing parents out of the school board -making process.

Nobody, and I mean nobody, is more invested in the life and the future of a child than a parent. They shouldn't be labeled as domestic terrorists for simply asking questions or for attending a school board meeting. They should be celebrated for being invested in their child's education.

As a father myself, I want schools across Mississippi to complement the lessons parents are trying to teach at home, not reject them. That's exactly why I am calling on the legislature to pass a Parents' Bill of Rights this session.

Through the Parents' Bill of Rights, we will reaffirm that in Mississippi, it is the state who answers to parents and not vice versa.

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This Parents' Bill of Rights would further cement that when it comes to the usage of names, pronouns, or health matters, schools will adhere to the will of parents. There is no room in our schools for policies that attempt to undercut parents and require the usage of pronouns or names that fail to correspond with reality.

I am proud to be governor, but the greatest pride in my life is being the dad of three wonderful girls. There are few things I love more than having the chance to cheer them on from the sidelines at their soccer or basketball games.

That's why I'm especially proud to have signed legislation that ensured, that in Mississippi, we're going to let boys play boys , and girls play girls sports. I didn't do this just for my daughters, I did this for all of Mississippi's daughters.

But we need to do even more to protect Mississippi's children. We have a duty to keep pushing back against those that are taking advantage of children and using them to advance their sick and twisted ideologies.

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There was a time in America when saying to kids ‘you can be whatever you want when you grow up' meant that one day they could become a teacher, police officer, or fire fighter. A professional athlete, a doctor, or even a lawyer. That if you push yourself, there is nothing you can't accomplish.

But today, there is a dangerous and radical movement that is now being pushed upon America's kids. It threatens the very nature of truth. Across the country, activists are advancing untested experiments and persuading kids that they can live as a girl if they're a boy, and that they can live as a boy if they're a girl. And they're telling them to pursue expensive, radical medical procedures to advance that lie.

These radical liberals are attempting to undermine objective, scientific truths. They're trying to undermine how we view gender and even manipulate English words and grammar rules. From their illogical pronouns to their attempts at pushing the word Latinx onto the Hispanic community – they don't care about the destruction they're causing or whether they have the support of those they're trying to group or label. Rather, they're tyrannical in their approach to these issues and their unceasing attempts to have them adopted by society.

And let's be honest, America stands essentially alone in the truly outrageous position that we've staked out on this issue. While some in our country push surgical mutilation onto 11 year olds even here in Mississippi, even liberal darlings like Finland, Denmark, and Sweden don't allow these surgeries to be performed on kids who are under 18.

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The fact is that we set age restrictions on driving a car and on getting a tattoo. We don't let 11 year olds enter an R-rated movie alone, yet some would have us believe that we should push permanent body-altering surgeries on them at such a young age.

Mississippi must continue to do everything in our power to counter those who want to push their experiments on our kids. Time is of the essence, and we don't have a second to waste. We must take every step to preserve the innocence of our children, especially against the cruel forces of modern progressivism which seek to use them as guinea pigs in their sick social experiments.

Let me be clear to those radical activists around the nation who want to do our kids harm.

Mississippi will not be trading compassion for compliance.

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Our voices will not be silenced when it comes to science.

We will not be pressured into not asking questions.

And we will not give in to liberal intimidation when it comes to protecting our kids.

This is my promise to every Mississippian across our state.

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There is also another way we are going to keep our kids safe, and it includes keeping their parents safe as well.

One of the most fundamental responsibilities of government is to ensure public safety and to uphold law and order.

I ran for governor to fix Mississippi's problems, not to hide them. That's why I've become increasingly concerned that, for three consecutive years now, homicides have numbered in the triple digits here in our capital city. We can and must do better.

The fact is, no matter how hard we try, there will always be evil in the world. There are those who lurk in the shadows seeking to hurt those around them. There are those who seek to inject drugs and crime into their communities, all so they can make a buck.

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These actions undermine social cohesion and safety in our neighborhoods. They threaten the lives of our kids and the safety of our families.

To put it mildly, the crime situation in Jackson is unacceptable. Kids are getting killed in our streets and it's time we put a stop to it.

Now, some have suggested that the response should be to undercut, defund, and dismantle the police. I couldn't disagree more.

Many of us have family and friends who wear the badge. It's worth constantly reminding ourselves that these individuals are the thin blue line which helps hold communities together.

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In Mississippi we choose to fund the police. We choose to back the blue. We choose to celebrate the brave men and women who put on the badge every day and run towards danger. That's exactly what Mississippi has done, and that's exactly what Mississippi will continue to do.

Last year, the Mississippi Department of Public Safety conducted two major surges of law enforcement personnel – one in Jackson and one along our Coast. We flexed law enforcement in the areas and helped to shut down criminal elements in the regions. And while those surges proved to be successful, we still have more work to do.

That's why this session, I'm calling on the legislature to make further investment into our Capitol Police by giving them the 150 officers and equipment they need to continue fulfilling their mission and continue pushing back on lawlessness in Jackson.

And let me say this as well, my administration will go after all crime within our jurisdiction. Regardless of the crime committed, regardless of who did it, regardless if it happened on the street or in an office building, my administration is and will continue to hold criminals accountable.

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That's why my administration remains committed to delivering justice and recouping every dollar possible from those who stole from Mississippians through the theft of TANF dollars.

Again, I ran for governor to fix Mississippi's problems, not to hide them. Which brings me to my next area of focus – our state's healthcare system.

Mississippi is not immune to the struggles facing healthcare systems across the country. Together, we should keep working to improve Mississippians' access to quality healthcare, and together, we should keep working to ensure Mississippi's healthcare system meets the needs of our people.

It starts with leveling the playing field. Most people do not know that it is illegal to open a new health care facility that competes with other institutions. We are all frustrated and worried by the threats that some hospitals may close. The first step should be allowing new ones to open! By reforming Mississippi's Certificate of Need laws, we can root out anti-competitive behavior that blocks the formation of medical facilities and prevents the delivery of lifesaving healthcare to Mississippians.

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We should continue to strengthen the pipeline of medical professionals by doubling and tripling down on our improved workforce development strategy, and we should pass legislation that levels the playing field for hospitals with expanded residency programs.

Because, at the end of the day, the real answers to our problems are not contained in the same old proposals that only serve to delay the inevitable at the expense of taxpayers. The real answer to our problems lies in innovation.

Technology is changing, and the way healthcare is delivered is changing. Our policies must adapt with the times and facilitate care that focuses not on institutions but on the we seek to support.

Throughout modern history we've witnessed innovation disrupt industries such as manufacturing, transportation, food, and entertainment. There was a time when people had to go to the theater to watch a movie. Today, they can watch them at home and on an airplane. On cable TV, Netflix, and every streaming service in between.

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The fact of the matter is that technology and innovation lead to new opportunities. The same can be said of our healthcare system.

There was a time when if you needed medical services, you had to go to a large brick and mortar hospital – that was your only choice. But today, people are increasingly choosing new healthcare distribution channels over your traditional hospital. Today, people are accessing healthcare through telemedicine providers, micro-hospitals, urgent care facilities, and expanded care opportunities with nurse practitioners, pharmacists, and others.

This legislative session, I urge the legislature to think outside the box when it comes to improving Mississippi's healthcare system. Don't simply cave under the pressure of Democrats and their allies in the who are pushing for the expansion of Obamacare, welfare, and socialized medicine.

Instead, seek innovative free market that disrupt traditional healthcare delivery models, increase competition, and lead to better health outcomes for Mississippians.

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Do not settle for something that won't solve the problem because it could potentially and only temporarily remove the liberal media's target on your back.

You have my word that if you stand up to the left's push for endless government-run healthcare, I will stand with you.

For as dire as national politics sometimes seem, there's still a tremendous amount of hope in Mississippi.

There really are incredible things happening here. And I'm talking about far more than our state winning its second college baseball national championship in a row, as incredible as that was.

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Last year, Mississippi led the nation to overturn Roe v. Wade – the greatest accomplishment in the conservative movement in my lifetime.

Long story short, more innocent children will now have the chance to be born.

There are future doctors who now have the chance to be born. There are future teachers that now have the chance to be born. There are future nurses, future linemen, and future truckers. There are future fathers and future mothers, friends and family, brothers and sisters. They all now have the chance at life.

And there may very well even be a life that was saved who, a few years from now, will stand up here and give his or her update on the State of our State. What a wonderful blessing that would be.

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But the fact is that being pro-life is about more than just being anti-abortion. We don't just want to eliminate the taking of unborn children's lives, we want to make it easier for parents to raise children and for mothers to give birth to happy and healthy kids.

Now some have said that too many children will be added to Mississippi's population. I say what a wonderful problem to have. On this point I agree with Mother Teresa when she said, ‘How can there be too many children? That is like saying there are too many flowers.'

But I also recognize we are called to do more and to support these new moms and new babies.

And I want every element of our laws to reflect and facilitate this critical mission.

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That's why I'm also calling on the legislature to establish a New Pro-Life Agenda that helps make Mississippi the easiest place in the nation to raise a family.

Together, we can prove the country wrong just like we did in education. Just like we led the nation in overturning Roe, we can lead the nation in supporting mothers and babies.

This session, Mississippi should establish a childcare tax credit and allow Mississippi families to write off childcare supplies on state tax returns.

We should increase our support for pregnancy resource centers and thus help to care for expectant and new mothers, especially those who are struggling with poverty or isolation.

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We should expand childcare opportunities by cutting red tape. There's no reason that we should let government get in the way of parents accessing care for their children.

We should expand safe haven laws, so parents have every available to choose life.

We should reduce the existing adoption backlogs and make it easier and less expensive for parents to adopt kids into a loving forever home.

And we should update our child support laws so that fathers must support their children from the moment their life begins – at conception.

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This is our New Pro-Life Agenda. As I've said before, it will not be easy, and it will not be free. But I know that together, we are going to get the job done and deliver the support Mississippi mothers and babies deserve.

My fellow Mississippians, it's been quite the year for our state. We've had moments of triumph and moments of anguish. But through it all, we've emerged stronger, together.

We know where Mississippi has been, and we know where Mississippi is going. Regardless of the unfair stereotypes placed upon our state and her people, we know good things are happening here.

Is our state perfect? Of course not. But besides heaven, no place is.

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We know what's happening on the ground here. We know it because we are seeing it. Whether it's the record investment or all-time low unemployment, the all-time high graduation rate or standing up to the radical left's war on our values – Mississippi is winning, and our state is on the rise.

That's why I urge all of you here today to stand with me and call out the lies when they are thrown at all of us.

We can never give into the cynics who seek to tear down our great state.

We can never give into Joe Biden and the national Democrats who seek to force feed us an unhealthy dose of progressivism because they view Mississippians as neanderthals.

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And we can never give into those who want us to live in a perpetual state of self-condemnation.

My friends, I am proud to serve as Mississippi's 65th governor but I'm even prouder to call myself a Mississippian.

The eyes of our state are turned to the future, and that's why I will continue to reject those who would seek to divide and separate us. Instead, on behalf of all Mississippi, I am proud to pronounce once more that we are all Mississippians, committed to improving this home that we love.

We are blessed to live in a wonderful state. We are blessed to have wonderful neighbors. We are blessed by one common God who smiles down upon Mississippi.

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I have no doubt that our future is brighter than ever before and that, together, we will continue to build this great state upwards.

God bless all of you. And may God continue to bless this great state that we all love, Mississippi.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Mississippi Today

Senate passes Medicaid expansion ‘lite’ with veto-proof majority

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mississippitoday.org – Sophia Paffenroth and Taylor Vance – 2024-03-28 17:37:35

An austere version of Medicaid expansion, which for more than a decade has been blocked by legislative , passed the Senate on Thursday 36-16 – a veto-proof majority – with significant changes to the original bill and now heads back to the House for consideration.

House Bill 1725, with the Senate's strike-all amendment, would increase Medicaid eligibility to those making up to 99% of the federal poverty level, about $15,000 annually for an individual, and would be entirely contingent on the federal approving a work requirement of 120 hours a month. 

That's significantly different from the version of the bill that passed the House, which increased eligibility to those making up to 138% of the federal poverty level, about $20,000 annually for an individual, and would expand Medicaid regardless of whether or not the work requirement was approved. 

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Senate Medicaid Chairman Kevin Blackwell, R-Southaven, called the strike-all a more “conservative, responsible” option and described  it a “hand up, not a handout.” The Senate plan turns down roughly $1 federal dollars a year since it doesn't qualify as “expansion” according to the Affordable Care Act.

Republican Lt. Gov. Delbert Hosemann, who oversees the Senate, said that covering more low-income under Medicaid would improve the 's dismal labor participation rate – the lowest in the country

“If we as a society, as a state, believe we should have individuals who are working, stay in the workforce, pick up our labor force participation rate, then we need to do what Sen. Blackwell and the Senate did .” 

Senate Democrats introduced several amendments, which Republicans, who hold a majority in the chamber, successfully opposed. The amendments called for: increasing the income eligibility threshold, changing the work requirement from 120 hours a month to 80 hours a month, and lowering a recertification requirement from four times a year to twice a year. 

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The Democratic senators strongly criticized the Senate plan to reporters after it passed but voted in favor of it to keep the bill alive – in hopes that the plan will improve later during House and Senate haggling. 

“This bill was not perfect,” Senate Minority Leader Derrick Simmons said. “We would love to see more individuals covered. We would love not to have any hurdles or restrictions on additional access to coverage. But we did not want to lose an opportunity to keep this bill alive as we work through this process.”

Sen. Joey Fillingane, R-Sumrall, also attempted to amend the bill by removing two of the exemptions to the work requirement – for primary caregivers of under six years old and those diagnosed by a doctor to have a disability – and requiring co-payments for individuals fulfilling the work requirement. A few hardline conservatives supported his efforts, but both amendments were ultimately shot down by senators. 

Sixteen senators voted ‘No' on the plan: Jason Barrett, R-Brookhaven; Andy Berry, R-Magee; Jenifer Branning, R-Philadelphia; Lydia Chassaniol, R-Winona; Kathy Chism, R-New Albany; Joey Fillingane, R-Sumrall; Angela Burks Hill, R-; Chris Johnson, R-Hattiesburg; Tyler McCaughn, R-Newton; Michael McLendon, R-Hernando; Rita Potts Parks, R-Corinth; Brian Rhodes, R-Pelahatchie; Joseph Seymour, R-Vancleave; Daniel Sparks, R-Belmont; Ben Suber, R-Bruce; Neil Whaley, R-Potts Camp. 

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House Medicaid Chair Missy McGee, R-Hattiesburg, told Mississippi Today that she does not intend to agree with the Senate's amendment and plans to hammer out a compromise in a conference committee. 

“I'm happy the Senate passed a bill,” McGee said. 

Though the Senate's plan has stricter eligibility requirements than the House version, Republican Gov. Tate Reeves, a longtime opponent of expansion, privately told senators at the Governor's Mansion on Tuesday that he would veto the bill if it reached his desk.

If the second-term governor does veto the bill, a two-thirds majority of lawmakers in both legislative chambers would need to join together to successfully override him and pass the measure into . Both chambers passed their versions with veto-proof majorities.

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Hosemann did not directly answer whether he believes there is an appetite in the GOP-controlled Senate to override a potential veto, but he said the work requirement in the Senate bill is a “good first step” toward addressing Reeves' concerns about the bill. 

“We're going to get with our House counterparts here and maybe that step forward is sufficient for the governor,” Hosemann said. “I don't think there was anybody here that didn't feel the weight of having people who are working have a catastrophic event and not get back into the workforce.” 

House members have until April 19 to either agree with the Senate plan or to work on a compromise in a conference committee.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Judge erred, double jeopardy shouldn’t apply, say AG attorneys seekng to retry acquitted assailant

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mississippitoday.org – Mina Corpuz – 2024-03-28 13:30:00

Nearly a year after a north Mississippi judge acquitted a 22-year-old who stabbed a man in the neck, nearly killing him, 's office lawyers want to re-prosecute the case. 

They are appealing the ruling, saying the victim's absence at trial, the reasoning the judge used for his ruling, did not violate the defendant's constitutional rights and prevent trial from proceeding.

But legal experts say a retrial can be a high barrier to overcome because of double jeopardy,  a clause in the U.S. and Constitution that prevents defendants from being retried for the same an acquittal or conviction. 

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“This is a textbook case of double jeopardy,” said Matt Steffey, a professor at Mississippi College School of Law. 

In his May 11, 2023 dismissal of the attempted murder indictment and acquittal for Lane Mitchell, Union County Circuit Court Judge Kent Smith focused on the victim's absence, finding that it violated the defendant's due process and compulsory process rights, which is the ability to subpoena and secure favorable witnesses to testify. 

“This precedent thus makes the state responsible for and unable to go forward on nearly every criminal cause when a recalcitrant victim refuses to appear at trial,” the state wrote in a March 4 appellant's brief filed with the Court of Appeals. 

The victim, Russell Rogers of Tennessee, nearly bled out and suffered a stroke. As a result of the stabbing, he was diagnosed with post-traumatic stress disorder and other mental issues and placed under a conservatorship. 

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The state is asking the Court of Appeals to correct the trial court's “misstatements of law.” Alternatively, the state is asking the court to reverse and remand the trial judge's order and in its place issue an order that would allow the state to retry Mitchell. 

The defense has 30 days to respond to the appellant's brief, which is expected sometime early next month if no extensions are granted. The state will then have time to reply, and then the case can be submitted. Oral arguments were not requested. 

The 2019 stabbing

On Feb. 9, 2019, Rogers spent several hours in  Tallahatchie Gourmet in New Albany. When then-18-year-old Mitchell arrived there, he joined his and their friends in the bar area. 

Video presented in court and included in as pictures shows Mitchell, about an hour after his arrival, taking a knife from the bar and holding it behind his back as Rogers talked with a waitress. The manager  – Mitchell's father – and Rogers then talked, and when Rogers reacted negatively, Mitchell approached from behind and stabbed Rogers in the neck three times. 

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Mitchell testified he was to defend his father and the waitress, according to court records. The defendant said he thought Rogers had a gun, but in fact he was unarmed. 

Mitchell and Rogers had not met or talked prior to the stabbing, according to court records. 

Months after the stabbing, a Tennessee probate court found Rogers met criteria to be considered disabled and appointed his father, Robert Rogers, as his conservator. Russell Rogers remains under the conservatorship. 

Mitchell enrolled in two colleges while under indictment, first at the University of Mississippi and then Mid-America Baptist Theological Seminary in Cordova, Tennessee, where he graduated days before his 2023 trial began. 

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The attorney general's office took over the case in 2021 when the district attorney recused himself from the case. 

Victim testimony central in case 

Mississippi law states victims can exercise their right to be present and heard in court proceedings, but their absence does not prevent the court from moving forward with a proceeding. Victims can be served with a subpoena, which Mitchell's attorneys sought to do with Rogers.

The state argues the trial court seemed to ignore the Tennessee probate court's order quashing the defense's attempt to subpoena Rogers, saying his mental problems stemming from the attack made him incapable of testifying.

The state argues the trial court only determined Rogers “appear[] to be intentionally unavailable” to testify in court, but it did not find what from his testimony would be favorable to the defense. 

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The defense wanted to question Rogers about his behavior the night of the stabbing and prior conduct and mental health issues, but the state wrote these factors “would not be material to a showing that Michell acted reasonably or that [Rogers] was the initial aggressor.”

Additionally, Rogers didn't witness the stabbing because Mitchell approached him from behind, the brief states. Regardless, the state argues, Mitchell's intent to defend others was already presented to the jury through other witnesses. 

The defense has argued in court filings and at trial that the conservator inserted himself into the case, including accusing him of working with the prosecution and denying access to the victim. 

The state had denied these claims, noting Robert Rogers was following his fiduciary duties as conservator when fighting the subpoena and other efforts. 

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Acquittal and double jeopardy

 Another issue raised in the state's brief is how the trial court violated the Mississippi Rules of Criminal Procedure by dismissing the indictment against Mitchell and entering an acquittal.

No rule of criminal procedure allows an indictment to be dismissed because a witness failed to appear, and acquittal isn't the proper remedy under the rules, the state argues. Instead, the valid remedies for a discovery violation are continuance or mistrial, which would have needed to have happened before a jury was sworn in and double jeopardy was in place. 

In its alternative remedy, the state asks the Court of Appeals to reverse and remand the trial court's decision and order a mistrial, which the state says would preserve its right to retry Mitchell. 

Former Mississippi Court of Appeals judge and Supreme Court Justice Oliver Diaz called acquittal an unusual position for a trial court and an example of how Judge Smith of the Union County court acted in a way that other trial courts don't tend to do. 

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He said the state may be asking the Court of Appeals to clarify the law and find that the judge ruled improperly, instead of seeking retrial and running into double jeopardy. 

“(A)ny judges in the future who consider this issue can know clearly and [it's] well stated by the court [that] you can't just order an acquittal if a victim doesn't show up,” he said. 

Crime victims' rights

Rogers and his conservator are asking the Court of Appeals to allow them to file an amicus curiae brief for the court to consider additional information, including victim's rights. 

A March 11 proposed amicus brief argues the trial judge's refusal to submit the case to the jury stripped Rogers of his constitutionally-protected rights as a victim. As of Thursday, the brief has not been approved. 

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Meg Garvin, executive director of the National Crime Victim Law Institute at Lewis & Clark College in Oregon, provided feedback to help craft the amicus brief. 

She said the Mississippi Constitution gives crime victims the right to be treated with fairness, dignity and respect, and just because those terms are broad, it doesn't mean they are empty. 

Mitchell's attorneys want the court to deny the amicus brief, citing a May 2023 Supreme Court order denying an emergency petition filed by the conservator to halt the trial court from filing a judgment of acquittal. In it, Justice Leslie King said the victim and conservator lack standing to contest the disposition of Mitchell's case, or any charge. 

Garvin said this highlights a misunderstanding about what victims' rights are. Victims asking for their rights to be protected doesn't make them a party. 

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She said it is possible for someone to exercise another's rights on their behalf, such as what happens for parents acting on behalf of their children or on behalf of someone who is mentally incapacitated, including someone under a conservatorship. 

If Mitchell's case is upheld, it would be a sign that Mississippi victims' rights aren't meaningful or are being adequately considered, Garvin said. 

“The statement to the victim would be you actually don't have rights, you are just a piece of evidence in a case against someone else,” she said.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Mississippi lawmakers look to other states’ Medicaid expansions. Is Georgia worth copying?

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mississippitoday.org – Sophia Paffenroth – 2024-03-28 10:58:47

As the Mississippi Republican-led considers expanding for the first time after a decade-long debate, Senate leaders have referenced other Southern states' expansion plans as alternatives to full expansion. 

On Wednesday, the Senate Medicaid Committee passed the House Republican expansion bill with a strike-all and replaced it with its own plan, which Medicaid Chairman Kevin Blackwell, R-Southaven, called “expansion light.” The Senate is expected to take the bill up for a floor vote Thursday, with a plan that's nearly identical to Georgia's. 

Problems with “Georgia Pathways”

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policy experts don't think Georgia's plan is worth emulating. The state's plan, called “Georgia Pathways,” misses out on the increased federal match of 90% that the law grants to newly expanded states, and it also doesn't qualify for the additional $690 million federal dollars that would make expansion free to Mississippi for four years.

And the plan, touted as a conservative alternative to what critics call “Obamacare,” has cost state taxpayers $26 million so far, with more than 90% of that going toward administrative and consulting costs, according to KFF Health News. Implementing work requirements is costly and labor intensive because it involves hiring more staff and processing monthly paperwork to confirm enrollees are employed. 

“Georgia's plan has proven to be very profitable for large companies like Deloitte (the primary consultant for Georgia's project) but has provided health care to almost no one who needs it,” said Joan Alker, Medicaid expert and executive director of Georgetown 's Center for and Families. “It's been a terrible waste of taxpayer dollars so far.”

If the Senate plan were signed into law, Mississippi would fare the same – receiving its regular federal match of only 77% instead of 90% – and risk large administrative costs for enforcing a 120-hour-a-month work requirement and a provision that says recipients must be recertified four times a year.

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Work requirements ‘costly' to enforce

In theory, a work requirement isn't controversial. A majority of Mississippi lawmakers in both chambers want to reserve Medicaid coverage for those who are working or exempt, with legislation that incentivizes employment in the state with the lowest labor participation rate. The problem, experts say, is that in practice, it can do more harm than good. 

Policing and enforcing the work requirement costs more than it would cost to insure the small population of unemployed people who would become eligible for Medicaid under traditional expansion, explained Morgan Henderson, principal data scientist at the Hilltop Institute, a nonpartisan research group that conducted several studies detailing what Medicaid expansion would look like in Mississippi. 

“Medicaid work requirements are costly to implement,” Henderson said. “States have to develop new administrative which can cost millions, or tens of millions, of dollars. Additionally, employment requirements can be confusing and burdensome for individuals, so people who are legitimately employed and income-eligible for Medicaid may be denied coverage – thus, hurting the exact individuals who are supposed to qualify for Medicaid with work requirements.”

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In Georgia, only 3,500 people have signed up since the program began in July – despite the millions of dollars taxpayers have paid to run the program and ' previous estimate that roughly 25,000 people would sign up in the first year and 52,000 by the fifth year. 

Lt. Gov. Delbert Hosemann said in an interview in February that the Mississippi Senate plan likely wouldn't be as strict as Georgia's, calling their work requirement “onerous.” 

But the Senate plan is even stricter than Georgia's, calling for at least 120 hours of work a month instead of the 80 hours required in Georgia. 

In Arkansas, a work requirement was briefly implemented in 2018 before it was overturned.

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A study by the New England Journal of Medicine found Arkansas' work requirement to be unsuccessful at increasing employment. The main consequence of the state's work requirement was an increase in the number of uninsured persons compared to full expansion and “no significant changes” in employment associated with the policy, according to the study. 

In addition, “more than 95% of persons who were targeted by the policy already met the requirement or should have been exempt.”

What's next?

The only expansion bill still alive in the Mississippi Legislature is House Bill 1725, authored by Speaker Jason White, R-, and Missy McGee, R-Hattiesburg, which is now before the Senate. The bill, as passed by the House, has a provisional work requirement, but would expand Medicaid to 138% of the federal poverty level – even if a work requirement is not approved by federal Centers for Medicare and Medicaid Services. 

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That's important because during the Biden administration, the federal   has rescinded work requirement waivers previously granted under the Trump administration and has not approved new ones. 

But the Senate version is entirely contingent on the work requirement, calling for a minimum of 120 work hours a month and quarterly recertification. Eligibility also only goes up to 100% of the federal poverty level. 

If the Senate were to stand firm on the work requirement, expansion might not go into effect until well into 2025. That is, if a new administration takes office. 

A provision in North Carolina's recent expansion bill could prove useful as Mississippi lawmakers debate the details of expanding Medicaid.

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A North Carolina expansion bill passed in 2023 is a mostly-traditional expansion plan with a unique work requirement provision. Expansion originally passed without a work requirement, but included a provision that says if or when a federal administration that favors the concept takes office, the state will change Medicaid eligibility rules and adopt the work requirement. 

If Mississippi were to include this kind of language in its own bill, it could expand Medicaid in 2024 or at the start of 2025, instead of waiting well into a new presidential term.

In theory, work requirements make sense, Henderson said. But they haven't produced the desired outcome of increasing the labor force participation rate in other states. That fact, coupled with the costly administrative burden of enforcing them and the unfortunate consequence of eligible enrollees losing coverage make the work requirement an unworthy pursuit, Henderson and Alker conclude. 

“In theory, it's true that, under Medicaid expansion, individuals earning slightly more than 138% of the federal poverty level could have an incentive to reduce their earnings in order to qualify for Medicaid,” said Henderson. “However, there are reasons to believe that this will be rare.”

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The three reasons Henderson gives are: “First, not all workers know their exact income as a fraction of the current federal poverty limit, which changes every year and is a function of household size. Second, not all workers can control their hours. Third, individuals earning just above 138% of the federal poverty level have access to generous subsidies through the insurance marketplace, which could reduce the incentive to reduce income to qualify for Medicaid.”

And in practice, Henderson said, “no studies I'm aware of have found evidence of Affordable Care Act Medicaid expansions having adverse effects on employment outcomes.”

The Senate is expected to vote on House Bill 1725 on Thursday. While the bill only needs a three-fifths vote to pass the floor, it realistically needs a two-thirds majority from both chambers to show it has the potential to override a threatened veto from Republican Gov. Tate Reeves.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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