Mississippi House Bill 1382 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Partisan Bill (Democrat 2-0)
Status: Failed on February 5 2019 - 100% progression
Action: 2019-02-05 - Died In Committee
Text: Latest bill text (Introduced) [HTML]

An Act To Create New Sections 25-11-147 And 25-11-321, Mississippi Code Of 1972, To Provide That If A Member Of The Public Employees' Retirement System Who Is An Elected Official Or A Member Of The Supplemental Legislative Retirement Plan Is Convicted Of Or Enters A Plea Of Guilty Or Nolo Contendere In Any Court To A Felony In Which Public Funds Were Unlawfully Taken, Obtained Or Misappropriated In The Abuse Or Misuse Of The Person's Office That Is Committed On Or After July 1, 2019, The Court Shall Conduct A Hearing In A Separate Civil Proceeding To Determine If All Of The Conditions Have Been Met; To Provide That If All Of The Conditions Have Been Met, The Court Shall Issue An Order For Withholding From The Member's Retirement Benefits From The System Or Plan; To Provide That The Order For Withholding Shall Direct The System To Withhold A Specified Amount From The Member's Retirement Benefits Each Month So That The Full Amount Of The Public Funds That Were Unlawfully Taken, Obtained Or Misappropriated In The Abuse Or Misuse Of The Member's Office Will Be Repaid Within Not More Than Three Years From The Date Of The First Withholding; To Provide That The System Shall Pay The Amounts Withheld To The Attorney General Each Month, And The Attorney General Shall Distribute The Amounts Received From The System To The Government Body From Which The Public Funds That Were Unlawfully Taken, Obtained Or Misappropriated In The Abuse Or Misuse Of The Member's Office; To Provide That A Member Who Is Convicted Of Such A Felony Shall Not Have Any Of His Or Her Retirement Benefits From The System Or Plan Withheld Until All Appeals Of The Conviction Have Been Finally Concluded Or The Time For An Appeal From The Conviction Has Expired; To Provide That After Receiving The Order For Withholding From The Court, The System Shall Request The Attorney General For A Determination Of Whether All Appeals Of The Conviction Have Been Finally Concluded Or The Time For An Appeal From The Conviction Has Expired; To Provide That After The Attorney General Notifies The System That All Appeals Of The Conviction Have Been Finally Concluded Or The Time For An Appeal From The Conviction Has Expired, The Member's Retirement Benefits From The System Or Plan Shall Be Withheld Until The Full Amount Of The Public Funds That Were Unlawfully Taken, Obtained Or Misappropriated In The Abuse Or Misuse Of The Member's Office Has Been Withheld From The Member's Retirement Benefits, As Determined By The Attorney General; To Provide That If A Member Of The System Or Plan Is Also A Member Of Another Retirement System Administered By The Board Of Trustees Of The System, And The Felony For Which The Member Was Convicted Or Entered A Plea Of Guilty Or Nolo Contendere Was In Connection With The Member's Service As An Elected Official That Is Covered By Only One Of The Retirement Systems, The Member's Retirement Benefits Will Be Withheld Only From The Retirement System In Which His Or Her Service As An Elected Official Was Covered At The Time That He Or She Committed The Felony; To Provide That The System May Conclusively Rely On An Order For Withholding From The Court And The Notice From The Attorney General That The Requirements Of This Act Have Been Met In Withholding A Member's Retirement Benefits From The System Or Plan; To Provide That The System Is Not Liable For Any Mistake In The Payment Of Retirement Benefits To A Member In Good Faith Reliance On An Order For Withholding From The Court And The Notice From The Attorney General; To Provide That Any Ambiguity Or Uncertainty About Whether A Member's Retirement Benefits From The System Or Plan Should Be Withheld Shall Be Resolved In Favor Of The Member; To Amend Sections 25-11-120, 25-11-129 And 25-11-319, Mississippi Code Of 1972, To Conform To The Preceding Provisions; And For Related Purposes.

Retirement; elected officials convicted of certain felonies shall have benefits withheld until full restitution has been paid.

Rep. Oscar Denton [D]

Rep. Cheikh Taylor [D]

Date	Chamber	Action
2019-02-05	House	Died In Committee
2019-01-21	House	Referred To Appropriations

Type	Source
Summary	https://billstatus.ls.state.ms.us/2019/pdf/history/HB/HB1382.xml
Text	https://billstatus.ls.state.ms.us/documents/2019/html/HB/1300-1399/HB1382IN.htm