Mississippi Today
Mike Chaney is not the first state politico to call for his elected post to be eliminated
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Insurance Commissioner Mike Chaney is not Mississippi’s first statewide official to advocate for his job to be changed from an elected post to an appointed one.
Earlier this month, Chaney called on the Legislature to eliminate the elected insurance commissioner position and instead have the state’s insurance industry regulated presumably by an appointee of the governor who is confirmed by the Senate. Chaney said he is willing to serve for a short period of time in an appointed position.
William Winter successfully proposed to the Legislature in the 1960s that his post as tax collector be eliminated and the duties incorporated into other positions. Winter’s actions did not end his political career. He went on to serve in multiple other statewide elected post, including as governor from 1980 until 1984 and is viewed as one of Mississippi’s most significant political figures.
In the 1970s, John Ed Ainsworth ran for and was elected to the post of land commissioner with the promise he would work to eliminate the position. One of his primary goals while eliminating the position was to ensure 16th Section land was properly managed to the benefit of public schools. He succeeded and for his troubles was defeated when he later tried to run for lieutenant governor, though he is viewed favorably by many for his work in various areas of state government, including in developing the state’s casino industry. The duties that the land commissioner had are now handled primarily by the secretary of state.
At least four previous statewide elected posts in Mississippi are either now appointed or have been eliminated. Besides the posts of land commissioner and tax collector being eliminated, the post of Supreme Court clerk was changed in 1976 so that the nine members of the Supreme Court appoint the clerk instead of the clerk being elected by Mississippians. And in the 1980s, the elected state superintendent of education was made appointed. The superintendent is now nominated by the Mississippi Board of Education and confirmed by the Senate.
While the state superintendent of education and Supreme Court clerk are in the constitution and required an amendment approved by the voters to be changed, the land commissioner and tax collector needed only action by the Legislature to be eliminated.
Currently, the statewide posts of governor, lieutenant governor, auditor, attorney general, secretary of state and treasurer are all in the constitution, so it would take a vote of the people to change how they are selected or to eliminate any of them. The positions of insurance commissioner and commissioner of agriculture and commerce would require only action of the Legislature and the governor’s signature to make a change.
When Chaney first ran for and was elected as insurance commissioner in 2007, he said the post should be appointed. Since then, Chaney has been reelected four times. He does not plan to run in 2027 and is saying now is the time to change how the insurance commissioner is selected.
Chaney said recently he believes an appointee “can do a better job regulating the industry and protecting the consumers” than someone elected to the post.
“I have grave concerns about someone running for this as a stepping stone to another position,” said Chaney, age 80. “It is too important to do that.”
He said it “is borderline unethical” to take campaign funds from the industry being regulated.
Chaney said in 39 states the person regulating the insurance industry is appointed instead of elected.
Mississippi has eight statewide posts — more than most states, but there are states with more. For instance, neighboring Alabama has 10, but that includes three public service commissioners, all of whom are elected statewide. Mississippi also has three public service commissioners, but they are elected regionally.
Another neighbor — Tennessee — only elects its governor statewide. The lieutenant governor is elected by the members of the Senate.
Mississippi Lt. Gov. Delbert Hosemann, who is elected statewide, recently said on Mississippi’s Today “The Other Side” podcast that the Senate would look at state government structure in the coming session, including whether Mississippi should elect so many positions.
While some posts have been changed from elected to appointed, Mississippi legislators often have been reluctant to take the vote away from the people.
In the early 2000s, the House led by then-Ways and Means Chair Billy McCoy passed legislation to make the Transportation Commission appointed instead of elected. The proposal did not survive the process.
But in more recent times, legislators did vote to make all local school superintendents appointees of the local boards of education.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1956
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Feb. 24, 1956
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U.S. Sen. Harry F. Byrd Sr. coined the term “Massive Resistance” to unite white leaders in Virginia in their campaign to preserve segregation. The policy appealed to white Virginians’ racial views, their fears and their disdain for federal “intrusion” into the “Southern way of life.”
Virginia passed laws to deny state funds to any integrated school and created tuition grants for students who refused to attend these schools. Other states copied its approach.
When courts ordered desegregation in several schools in Charlottesville and Norfolk, Virginia Gov. James Lindsay Almond Jr. ordered those schools closed. When Almond continued that defiance, 29 of the state’s leading businessmen told him in December 1958 that the crisis was adversely affecting Virginia’s economy. Two months later, the governor proposed a measure to repeal the closure laws and permit desegregation.
On Feb. 2, 1959, 17 Black students in Norfolk and four in Arlington County peacefully enrolled in what had been all-white schools.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
If Tate Reeves calls a tax cut special session, Senate has the option to do nothing
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An illness is spreading through the Mississippi Capitol: special session fever.
Speculation is rampant that Gov. Tate Reeves will call a special session if the Senate does not acquiesce to his and the House leadership’s wishes to eliminate the state personal income tax.
Reeves and House leaders are fond of claiming that the about 30% of general fund revenue lost by eliminating the income tax can be offset by growth in other state tax revenue.
House leaders can produce fancy charts showing that the average annual 3% growth rate in state revenue collections can more than offset the revenue lost from a phase out of the income tax.
What is lost in the fancy charts is that the historical 3% growth rate in state revenue includes growth in the personal income tax, which is the second largest source of state revenue. Any growth rate will entail much less revenue if it does not include a 3% growth in the income tax, which would be eliminated if the governor and House leaders have their way. This is important because historically speaking, as state revenue grows so does the cost of providing services, from pay to state employees, to health care costs, to transportation costs, to utility costs and so on.
This does not even include the fact that historically speaking, many state entities providing services have been underfunded by the Legislature, ranging from education to health care, to law enforcement, to transportation. Again, the list goes on and on.
And don’t forget a looming $25 billion shortfall in the state’s Public Employee Retirement System that could create chaos at some point.
But should the Senate not agree to the elimination of the income tax and Reeves calls a special session, there will be tremendous pressure on the Senate leadership, particularly Lt. Gov. Delbert Hosemann, the chamber’s presiding officer.
Generally speaking, a special session will provide more advantages for the eliminate-the-income-tax crowd.
First off, it will be two against one. When the governor and one chamber of the Legislature are on the same page, it is often more difficult for the other chamber to prevail.
The Mississippi Constitution gives the governor sole authority to call a special session and set an agenda. But the Legislature does have discretion in how that agenda is carried out.
And the Legislature always has the option to do nothing during the special session. Simply adjourn and go home is an option.
But the state constitution also says if one chamber is in session, the other house cannot remain out of session for more than three days.
In other words, theoretically, the House and governor working together could keep the Senate in session all year.
In theory, senators could say they are not going to yield to the governor’s wishes and adjourn the special session. But if the House remained in session, the Senate would have to come back in three days. The Senate could then adjourn again, but be forced to come back if the House stubbornly remained in session.
The process could continue all year.
But in the real world, there does not appear to be a mechanism — constitutionally speaking — to force the Senate to come back. The Mississippi Constitution does say members can be “compelled” to attend a session in order to have a quorum, but many experts say that language would not be relevant to make an entire chamber return to session after members had voted to adjourn.
In the past, one chamber has failed to return to the Capitol and suffered no consequences after the other remained in session for more than three days.
As a side note, the Mississippi Constitution does give the governor the authority to end a special session should the two chambers not agree on adjournment. In the early 2000s, then-Gov. Ronnie Musgrove ended a special session when the House and Senate could not agree on a plan to redraw the state’s U.S. House districts to adhere to population shifts found by the U.S. Census.
But would Reeves want to end the special session without approval of his cherished income tax elimination plan?
Probably not.
In 2002 there famously was an 82-day special session to consider proposals to provide businesses more protection from lawsuits. No effort was made to adjourn that session. It just dragged on until the House finally agreed to a significant portion of the Senate plan to provide more lawsuit protection.
In 1969, a special session lasted most of the summer when the Legislature finally agreed to a proposal of then-Gov. John Bell Williams to opt into the federal Medicaid program.
In both those instances, those wanting something passed — Medicaid in the 1960s and lawsuit protections in the 2000s — finally prevailed.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1898
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Feb. 22, 1898
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Frazier Baker, the first Black postmaster of the small town of Lake City, South Carolina, and his baby daughter, Julia, were killed, and his wife and three other daughters were injured when a lynch mob attacked.
When President William McKinley appointed Baker the previous year, local whites began to attack Baker’s abilities. Postal inspectors determined the accusations were unfounded, but that didn’t halt those determined to destroy him.
Hundreds of whites set fire to the post office, where the Bakers lived, and reportedly fired up to 100 bullets into their home. Outraged citizens in town wrote a resolution describing the attack and 25 years of “lawlessness” and “bloody butchery” in the area.
Crusading journalist Ida B. Wells wrote the White House about the attack, noting that the family was now in the Black hospital in Charleston “and when they recover sufficiently to be discharged, they) have no dollar with which to buy food, shelter or raiment.
McKinley ordered an investigation that led to charges against 13 men, but no one was ever convicted. The family left South Carolina for Boston, and later that year, the first nationwide civil rights organization in the U.S., the National Afro-American Council, was formed.
In 2019, the Lake City post office was renamed to honor Frazier Baker.
“We, as a family, are glad that the recognition of this painful event finally happened,” his great-niece, Dr. Fostenia Baker said. “It’s long overdue.”
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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