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Senate, in 11th hour, tries to revive ballot initiative measure it previously killed

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Senate, in 11th hour, tries to revive ballot initiative measure it previously killed

The Senate on Monday, at Lt. Gov. Delbert Hosemann's request, voted to revive a measure it killed last week that would restore voters' right to sidestep the and put issues on a statewide ballot.

“At my request, the Senate passed a suspension resolution to revive the initiative process (Monday) morning,” Hosemann said in a statement. “House leadership has also expressed a desire to continue working on this issue. If the House agrees to this suspension resolution, the Senate will again address legislation providing with direct input on policy. We are hopeful to come to a final agreement before (the legislative session ends).”

As the 2023 legislative session enters what's to be its final few days, the House would have to follow suit with a two-thirds vote to suspend rules and revive the ballot initiative measure. Then the two chambers would have to come to agreement on a final version.

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But House Speaker Philip Gunn said he would need more information before deciding whether the House would take up the Senate proposal to suspend the rules to pass an initiative proposal. He said the House had passed two initiative proposals – one last year and another this year – and both had been rejected by Senate .

“We are clear on our position,” Gunn said. Unless the position in the Senate had changed on the initiative, Gunn asked, “What would be accomplished?” by taking up the rules suspension resolution.

In general, Gunn said he does not like such rules suspension resolutions because they could be used to try to revive other bills that had died earlier in the legislative process.

Citing irreconcilable differences between House and Senate positions, Senate Accountability Efficiency and Transparency Chairman John Polk, R-Hattiesburg, let the ballot initiative measure die with a deadline without a full Senate vote last week. A similar measure died in the Legislature without a final vote last year, after the state Supreme Court in 2021 shot down the ballot initiative right Mississippi voters had for three decades.

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Hosemann last week said he was in favor of restoring the right — which is popular with voters according to recent polling — but that he lets his chairmen, such as Polk, make their own decisions.

The of the bill drew bipartisan criticism, from Hosemann's challenger in the lieutenant governor GOP primary Sen. Chris McDaniel. If it stands, the bill's death is likely to be an issue with voters in this year's statewide elections.

READ MORE:Is ballot initiative a ‘take your picture off the wall' issue for lawmakers?

Many Mississippians were angry when the state's high court stripped voters of this right in 2021. This was in a ruling on a initiative voters had overwhelmingly passed, taking matters in hand after lawmakers had dallied for years on the issue. Legislative leaders were quick at the time with vows they would restore this right to voters, fix the legal glitches that prompted the Supreme Court to rule it invalid. Many lawmakers said they the right.

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The House and Senate versions of the measure, which would have required ratification by voters in November, differed. But both would have greatly restricted voters' right to ballot initiative to the process that had been in place since 1992. Many supporters of restoring the right have been angered about legislative leaders' proposals to date. In the House, most Democrats despite supporting restoration of the right voted “present” on the House version they found it so restrictive.

House Minority Leader Robert Johnson, D-Natchez, said if a bill is passed this session restoring the initiative, it should be a “clean” proposal that requires the same number of signatures to get an issue on the ballot as the initiative process that was struck down by the Supreme Court. Johnson said the proposal should not ban issues, such as abortion, from being taken up through the initiative process as was in the most recent House version.

The Senate position on the initiative would require the signatures of at least 240,000 registered voters to place an issue on a statewide ballot. The House version would require about 106,000, nearer the previous threshold required for the last 30 years.

Under both proposals, the Legislature by a simple majority vote could change or repeal an initiative approved by the electorate. Unlike the previous process voters had for decades, voters could only pass or change state laws, not the state constitution.

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READ MORE: Senate kills Mississippi ballot initiative without a vote

Senate President Protem Dean Kirby, who proposed the rules suspension to revive the measure, on Monday said he believes many senators still support the higher signature threshold but, “Hopefully we can work out some kind of compromise.”

“We all want something passed,” Kirby said. “I think a lot of people out there do want a ballot initiative and we are going to make an effort.”

A recentMississippi Today/Siena College pollshows Mississippi voters across the spectrum want their right to put issues directly on a statewide ballot restored.

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The poll showed 72% favor reinstating ballot initiative, with 12% opposed and 16% either don't know or have no opinion. Restoring the right garnered a large majority among Democrats, , independents and across all demographic, geographic and income lines.

Rep. Sam Creekmore, R-New Albany, heard about the Senate's attempt to revive the measure as he walked off the House floor Monday afternoon.

“Good,” Creekmore said. “Let's get it done.”

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

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Mississippi Today

Legislators extend 2024 session after missing budget deadline

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mississippitoday.org – Bobby Harrison – 2024-04-29 17:47:53

Legislative are optimistic that they will be able to start passing bills to fund the $7- budget to fund services on Tuesday.

“We will be rolling Tuesday and the day after I suppose,” said Senate Appropriations Chair Briggs Hopson, R-Vicksburg.

Late Monday the House and Senate agreed on a resolution to extend the . Appropriations and revenue (taxes and borrowing) bills died Saturday night when House and Senate leaders could not reach agreement on a key deadline. The resolution approved Monday was needed to revive the bills.

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The final day of the session was for Sunday, May 5. Now it is scheduled for May 14, but House Speaker Jason White, R-, predicted Monday that the will finish its work this , though leaders did concede there were still  some “minor” disagreements between the House and Senate.

Under the resolution, the legislators – even though their work would be completed this week — will return on May 14 unless White and Lt. Gov. Delbert Hosemann agree not to return.

Returning on May 14 would give the Legislature the address any possible vetoes by Gov. Tate Reeves. Lawmakers can override gubernatorial vetoes with a two-thirds vote of each chamber.

Asked Monday if an agreement had been reached on the revenue bills, Senate Finance Chairman Josh Harkins, R-Brandon, who handles those proposals, said, “Gosh, I hope so. If not I am going holler a Jerry Clower for them to shoot up amongst us,” Harkins said referencing a skit by the Mississippi comic.

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It took a two-thirds vote of both chambers to pass the resolution to extend the session. It passed unanimously in the House, but six members of the 52-member Senate voted no. Without the resolution, it most likely would require a special session called by Gov. Tate Reeves to pass budget bills and revenue bills.

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

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Mississippi Today

Lawsuit in death of man following Jackson police encounter may be headed to trial

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mississippitoday.org – Mina Corpuz – 2024-04-29 15:21:38

The of George Robinson plans to move forward with a wrongful death against the city of Jackson and three former police officers after rejecting a nearly $18,000 settlement offer. 

Attorney Dennis Sweet III made the intentions of Bettersten Wade, Robinson's sister, and Vernice Robinson, Robinson's mother, clear in a Thursday letter sent the day after the City Council approved a $17,786 payment to settle the family's 2019 lawsuit. 

“This is more than anyone should have to endure. Much less have the City of Jackson tout the purported term of settlement as some sort of victory,” Sweet wrote in the letter. “Needless to say, no individual or party obtained a victory in this matter.”

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The financial terms of the settlement and plaintiffs' identities were not supposed to be disclosed publicly and the council did not approve the settlement in executive , Sweet said. According to Mississippi's open meeting , any public body can enter executive session for a number of reasons, including for negotiations relating to litigation. 

Sweet was not immediately available to comment Monday. Last , he told WLBT he would take it to trial. 

Council President Aaron Banks, who was also not immediately available for comment, said the settlement was freely negotiated among the parties and signed by Wade and Vernice Robinson, who had their attorneys with them, according to a Friday statement to the

Banks disputed Sweet's claims that the city violated any terms of the settlement, such as a confidentiality agreement, saying the city didn't agree to one and that settlements are public records, according to the statement. 

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“The City intends to honor the agreement it reached and expects the Wade family to do so, also,” Banks said in the statement.

However, some city council members said after the meeting that they were not aware of a confidentiality agreement. 

City Attorney Drew Martin declined to comment Monday. 

All the parties met for mediation April 12. Sweet said that during the session, a representative from the city said it is in “financial straits and did not possess substantial funds in which to resolve Ms. Wade's claims against it.” The lawsuit complaint asked for a jury trial and damages to be determined by a jury. 

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Banks's statement did not address the attorney's claim about the city's finances.  

Wade agreed during mediation to settle with ambulance provider American Medical Response and to allow the city to join that settlement and end litigation, according to Sweet's letter. 

“Had AMR not agreed to a substantial settlement amount, Ms. Wade would not have settled with the City of Jackson,” he wrote in the letter.

The company settled for a different amount that was not disclosed, according to Sweet's letter.

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As of Monday, electronic court filings for the lawsuit do not show that the judge has signed off on a settlement.  

In January 2019, 62-year-old Robinson was pulled from a car and beaten by officers, leaving him with severe injuries. At the time, he was recovering from a stroke. Robinson died days later.

In 2022, former detective Anthony Fox was convicted culpable-negligence manslaughter for Robinson's death, while charges against officers Desmond Barney and Lincoln Lampley were dismissed a year earlier. 

Fox was until January when the overturned his conviction and issued an acquittal, freeing him. Fox has returned to work for the Canton Police Department. 

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This isn't Wade's only loss and fraught experience with the city, Sweet said. 

Last year, her son Dexter died after being hit by a car driven by an off-duty Jackson police officer. He was buried unidentified in the pauper's field, despite identification on him. His family did not know he was there until months later. 

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

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Mississippi Today

Back-and-forth: House, Senate swap Medicaid expansion proposals, counter offers

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mississippitoday.org – Sophia Paffenroth – 2024-04-29 14:44:59

After lawmakers in the House and Senate compromised on several points of the expansion bill, there remains one major hurdle to be cleared: the necessity of a work requirement.

Any bill that makes expansion contingent on the approval of a work requirement will likely be null and void, due to federal regulations that have banned work requirements.

The House and Senate last week compromised on one major point of contention between the two chambers, income eligibility: the Senate conceded to people making up to 138% of the federal poverty level, about $20,000 for an individual, and the House agreed to having those who make more than 99% of the federal poverty level enrolled in subsidized private insurance – rather than straight Medicaid – which would be made affordable by state-federal Medicaid funds. 

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They are still far apart on the details of a work requirement. Monday afternoon, the House proposed a counter offer to the Senate's stringent work requirement, one in which Medicaid would be expanded either way, but Mississippi would be mandated to reapply for the work requirement every year, and would be required to immediately adopt a work requirement if the federal ever changed its policy.

READ MORE: House, Senate leaders swap Medicaid expansion proposals as Monday night deadline nears

Here's a breakdown of the various expansion plans proposed this to insurance for low-income, mostly working, people in the poorest and unhealthiest state in the country. 

Original House bill, Feb. 28

House Bill 1725, authored by Speaker Jason White and Medicaid Chairwoman Missy McGee, R-Hattiesburg, was originally written as a mostly-traditional expansion bill, similar to programs most other states have adopted. It would:

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  • cover income-eligible adults making up to 138% of the federal poverty level, about $20,000 for an individual.
  • include a work requirement that would be if the federal government did not approve it.
  • draw down $1 billion federal dollars by increasing the federal match rate.
  • qualify Mississippi for a two-year bonus of $650 million offered to newly-expanded states – which would make the program free to the state for a total of four years.

It overwhelmingly passed the House 98-20 at the end of February. 

Original Senate proposal, March 28

In late March, the Senate Medicaid committee passed House Bill 1725 with a strike-all, and replaced the original bill's language with its own language, which Medicaid Chairman Kevin Blackwell, R-Southaven, referred to as “expansion lite.” 

The plan proposed:

  • covering working making up to 99% of the federal poverty level, about $15,060 annually for an individual. 
  • leaving out those making between 100% and 138% of the federal poverty, and as a result, would turn down the $1 billion in federal dollars 
  • calling for quarterly proof of employment, leaving experts worried that the plan would be administratively burdensome and costly – as well as confusing for enrollees. That's if the federal government approved the waiver necessary for the work requirement – an unlikely scenario under the Biden administration, which has rescinded such waivers previously granted under the Trump administration and has not approved new ones. 

This austere version of expansion passed the full Senate at the end of March with a veto-proof majority – an important detail since Gov. Tate Reeves has indicated he will veto any expansion bill that to his door. 

House's response to the Senate's strike-all, April 3

The House invited the Senate to conference in early April to hash out the details of House Bill 1725. 

House leadership countered the Senate's austere version of expansion with a compromise: a “hybrid model” which would cover those making up to 138% of the federal poverty level, but would put those making between 100% and 138% on private health insurance policies through the federal exchange. 

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The cost of these policies would be subsidized through federal-state Medicaid funds. 

Senate's response to the House's compromise, April 26

Senate conferees sent the House a plan with a “hybrid model,” similar to what the House pitched, but maintained a firm stance on a work requirement — although they dropped the quarterly employment verification to annually.

The following Sunday, Senate conferees retracted the requirement in their initial proposal that Mississippi sue the federal government if the Centers for Medicaid and Medicare Services doesn't approve the work requirement waiver. 

Democrats in the House reportedly said they would not vote for any measure with the latter provision. 

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If initially turned down on the work waiver by the federal government, the new Senate proposal would require the state to appeal again to the agency if any other state gets a similar program approved later.

The latest offer from the House, April 29

House conferees countered the Senate's strict work requirement plan on Monday with a plan that would expand Medicaid with or without the work requirement, but would require the state to apply for the waiver initially and continue to do so once a year. It would also include a “trigger ,” similar to North Carolina's, mandating that if the federal government ever changed its policy on allowing states to implement a work requirement, Mississippi would move to implement one immediately.

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

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