Mississippi House Bill HB490

Mississippi 2025 Regular Session

• Introduced: 1/10/25
• Refer: 1/10/25
• Failed: 2/4/25

Caption

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

Impact

The implementation of HB490 is expected to positively impact public trust in state governance by ensuring that elected officials who engage in criminal conduct related to public funds will not benefit from their misdeeds. It compels accountability by demanding that these officials repay their theft through withholdings from their retirement benefits. Furthermore, the regulation clarifies the process for these withholdings and makes provisions for how these withheld funds are to be managed and returned to the appropriate governmental body. This legislative action could serve as a deterrent against future financial misconduct among public officials.

Summary

House Bill 490 aims to amend the Mississippi Code to establish specific provisions regarding the retirement benefits of elected officials who are convicted of felonies related to the misuse of public funds. This bill introduces new sections 25-11-147 and 25-11-321, which stipulate that if an elected official is convicted of a felony involving public funds—specifically those funds that were unlawfully taken, obtained, or misappropriated in the abuse of their office—the court will hold a separate civil hearing to determine if the conditions for withholding retirement benefits have been met. If the court finds that the conditions are satisfied, an order will be issued to withhold the member's retirement benefits until the full amount taken has been repaid.

Contention

While the bill has garnered support for its intention to promote integrity in public service, some stakeholders may raise concerns about due process. The stipulation that benefits cannot be withheld until all appeals of a conviction are resolved may be seen as a safeguard against hasty financial repercussions. Conversely, opponents may argue about the effectiveness of recovery of misappropriated funds, questioning the implications this may have on the financial wellbeing of individuals who might face wrongful or prolonged convictions. The balance between ensuring accountability and protecting individual rights will likely be a key point in discussions surrounding this bill.