Mississippi 2019 Regular Session Status: Enacted 9 R cosponsors

SB 2901 — Landowners Protection Act; create.

Last action — Approved by Governor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 21, 2019. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 23 sponsors

    1 primary, 22 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (9 R).

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

24 added · 47 removed

Plain-language change summary

The changes to Bill SB 2901 involve the removal of a prior version labeled as the "committee substitute" and the addition of wording that reflects the final version the Senate approved. This update is important because it clarifies which specific proposal is moving forward, ensuring everyone is aware of what the Senate has agreed upon. The shift from a committee version to the passed version indicates that the bill has undergone review and received the necessary approval to advance further in the legislative process.

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SB2901 (As Sent to Governor) - 2019 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:
SB2901 (As Passed the Senate) - 2019 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:
Senator(s) Harkins, Blackwell, Gollott, Caughman, Michel, Clarke, Jackson (15th), Branning, Parks, Kirby, Carmichael, Seymour, Carter, Doty, Parker, Watson, Whaley, Wilemon, Moran, Hill, Browning, Massey, Hudson Senate Bill 2901 (As Sent to Governor) AN ACT TO CREATE THE LANDOWNERS PROTECTION ACT;
Senator(s) Harkins, Blackwell, Gollott, Caughman, Michel, Clarke, Jackson (15th), Branning, Parks, Kirby, Carmichael, Seymour, Carter, Doty, Parker, Watson, Whaley, Wilemon, Moran, Hill, Browning, Massey, Hudson Senate Bill 2901 (As Passed the Senate) AN ACT TO CREATE THE LANDOWNERS PROTECTION ACT;
     SECTION 1.  (1)  This section shall be known and may be cited as the "Landowners Protection Act."      (2)  For any premises-liability actions brought under the laws of the State of Mississippi, no person who owns, leases, operates, maintains, or manages commercial or other real property in the State of Mississippi and no director, officer, employee, agent or independent contractor acting on behalf of any such person shall be civilly liable to any invitee who is injured on said property as the result of the willful, wanton or intentional tortious conduct of any third party who is not a director, officer, employee or agent of the person who owns, leases, operates, maintains or manages such commercial or other real property unless the injured party can prove by a preponderance of the evidence that:
     SECTION 1.  (1)  This section shall be known and may be cited as the "Landowners Protection Act."      (2)  No person who owns, leases, operates, maintains, or manages commercial or other real property in the State of Mississippi and no director, officer, employee, agent or independent contractor acting on behalf of any such person shall be civilly liable to any invitee who is injured on said property as the result of the acts of negligence or gross negligence or the willful, wanton or intentional conduct of any third party who is not a director, officer, employee or agent of the person who owns, leases, operates, maintains or manages such commercial or other real property unless the injured party can prove by a preponderance of the evidence that:
     (3)  For any civil actions brought under the laws of the State of Mississippi for the purpose of alleging liability for the injury of an invitee as described in subsection (2) of this section, an atmosphere of violence shall only be established by similar violent conduct:
     (3)  An atmosphere of violence shall only be established by similar, violent conduct:
          (a)  Which occurred three (3) or more times within three (3) years before the third party act at issue;
          (a)  Which occurred within three (3) years before the third party act at issue and resulted in a felony conviction;
          (b)  Which took place only on the commercial or other real property where the acts of the third party occurred;
and           (b)  Took place only on the commercial or other real property where the acts of the third party occurred.
and           (c)  Which are based upon three (3) or more separate events or incidents that resulted in three (3) or more arraignments of an individual for a felony involving an act of violence.
     (4)  Civil liability may not be based on the prior violent nature of the third party whose acts or omissions proximately caused the claimed injury or damage.
     (4)  For any civil actions brought under the laws of the State of Mississippi for the purpose of alleging liability for the injury of an invitee as described in subsection (2) of this section, civil liability may not be based on the prior violent nature of the third party whose acts or omissions proximately caused the claimed injury or damage unless the person who owns, leases, operates, maintains or manages the property has actual, not constructive, knowledge of the prior violent nature of said third party.
     (7)  For purposes of this section, "premises-liability action" means a civil action based upon the duty owed to someone injured on a landowner's premises as a result of conditions or activities on the land.
     85-5-7.  (1)  As used in this section, "fault" means an act or omission of a person which is a proximate cause of injury or death to another person or persons, damages to property, tangible or intangible, or economic injury, including, but not limited to, negligence, malpractice, strict liability, absolute liability or failure to warn.  Except as otherwise provided in this subsection (1), "fault" shall not include any tort which results from an act or omission committed with a specific wrongful intent.  For any premises-liability action, as defined under Section 1(7) of this act, alleging injury as a result of the willful, wanton or intentional tortious conduct of a third party on commercial or other real property in the State of Mississippi, "fault" shall include any tort which results from an act or omission committed with a specific wrongful intent.
     85-5-7.  (1)  As used in this section, "fault" means an act or omission of a person which is a proximate cause of injury or death to another person or persons, damages to property, tangible or intangible, or economic injury, including, but not limited to, negligence, malpractice, strict liability, absolute liability or failure to warn.  "Fault" shall * * * not include any tort which results from an act or omission committed with a specific wrongful intent.
     SECTION 3.  This act shall take effect and be in force from and after July 1, 2019.
     SECTION 3.
This act shall take effect and be in force from and after July 1, 2019.
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Amendments

3 amendments

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Approved by Governor

  2. Enrolled Bill Signed

  3. Enrolled Bill Signed

  4. Concurred in Amend From House

  5. Returned For Concurrence

  6. Motion to Reconsider Tabled

  7. Motion to Reconsider Entered (Banks, Baker, Tullos)

  8. Passed As Amended

  9. Amended

  10. Reconsidered

  11. Motion to Reconsider Entered (Baker, Tullos)

  12. Passed As Amended

  13. Amended

  14. Read the Third Time

  15. Title Suff Do Pass As Amended

  16. Referred To Judiciary A

  17. Transmitted To House

  18. Motion to Reconsider Tabled

  19. Motion to Reconsider Entered

  20. Passed

  21. Committee Substitute Adopted

  22. Title Suff Do Pass Comm Sub

  23. Referred To Business and Financial Institutions

Sponsors

Sponsorship breakdown

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1 sponsors · 22 co-sponsors · 152 not signed on · 25 voted No

Sponsors (1)

Co-sponsors (22)

Not signed on (152)

152 members have not signed on to this bill.

Show all 152 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence in Amendment From House

Passed 31 Yea · 20 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 1500
Unaffiliated 181201
Republican 12300
Total 312001
% of votes cast 60%38%0%2%
How each member voted (52)
Member Party Vote
Branning — Yea
Browning — Yea
Carmichael — Yea
Caughman — Yea
Dawkins — Nay
Doty — Yea
Gollott — Yea
Horhn — Nay
Jolly — Nay
Jordan — Nay
Massey — Yea
McDaniel — Yea
Moran — Yea
Polk — Yea
Tollison — Yea
Turner-Ford — Nay
Wilemon — Yea
Witherspoon — Nay
Yeas--Blackwell — Yea
Clarke — Yea
Dearing — Yea
Hudson — Yea
Jackson G. (15th) — Yea
Parker — Yea
Nays--Barnett — Nay
Blackmon — Nay
Jackson R. (11th) — Nay
Jackson S. (32nd) — Nay
Simmons D. T. (12th) — Nay
Simmons W. (13th) — Nay
Absent and those Burton — Not Voting
Albert Butler Democrat Nay
David Blount Democrat Nay
Hillman Terome Frazier Democrat Nay
Hob Bryan Democrat Nay
Percy W. Watson Democrat Yea
Sollie B. Norwood Democrat Nay
Angela Burks Hill Republican Yea
Brice Wiggins Republican Nay
Briggs Hopson Republican Nay
Chad McMahan Republican Yea
Chuck Younger Republican Yea
Dean Kirby Republican Yea
Dennis DeBar, Jr. Republican Nay
J. Walter Michel Republican Yea
Joel R. Carter, Jr. Republican Yea
Joey Fillingane Republican Yea
Joseph M. Seymour Republican Yea
Josh Harkins Republican Yea
Lydia Graves Chassaniol Republican Yea
Neil S. Whaley Republican Yea
Rita Potts Parks Republican Yea

Official roll call →

Passage as Amended

Passed 78 Yea · 36 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 43100
Democrat 41400
Unaffiliated 312004
Independent 0100
Total 783604
% of votes cast 66%31%0%3%
How each member voted (118)
Member Party Vote
Bain — Yea
Baria — Nay
Beckett — Yea
Bomgar — Yea
Busby — Yea
Calhoun — Nay
Corley — Yea
Criswell — Yea
Denny — Yea
Dortch — Nay
Henley — Yea
Holland — Not Voting
Hopkins — Yea
Hughes — Yea
McLeod — Yea
McNeal — Yea
Mettetal — Yea
Miles — Yea
Myers — Not Voting
Paden — Nay
Patterson — Yea
Reynolds — Yea
Shirley — Yea
Snowden — Yea
Staples — Yea
Straughter — Nay
Sullivan — Yea
Sykes — Nay
Walker — Nay
Weathersby — Yea
Williams-Barnes — Nay
Willis — Yea
Young — Nay
Yeas--Aguirre — Yea
Baker — Yea
Barnett — Yea
Bell (21st) — Yea
Huddleston — Yea
Johnson (87th) — Yea
Rogers (14th) — Yea
Rogers (61st) — Yea
Mr. Speaker — Yea
Nays--Anderson — Nay
Bell (65th) — Nay
Blackmon — Nay
Clarke — Nay
Gibbs (72nd) — Nay
Gibbs (36th) — Nay
Holloway — Nay
Hudson — Nay
Jackson — Nay
Johnson (94th) — Nay
Taylor — Nay
Absent or those Dixon — Not Voting
Present--Crawford — Not Voting
Bo Brown Democrat Yea
Bob Evans Democrat Yea
Bob Evans Democrat Nay
Bryant W. Clark Democrat Nay
Carl Mickens Democrat Nay
Cedric Burnett Democrat Yea
Earle S. Banks Democrat Nay
Jeffery Harness Democrat Nay
John G. Faulkner Democrat Nay
John W. Hines, Sr. Democrat Nay
Kabir Karriem Democrat Nay
Omeria Scott Democrat Nay
Oscar Denton Democrat Nay
Otis Anthony Democrat Nay
Percy W. Watson Democrat Nay
Stephanie Foster Democrat Yea
Tracey T. Rosebud Democrat Nay
Willie Bailey Democrat Nay
Angela Cockerham Independent Nay
Becky Currie Republican Yea
Bill Kinkade Republican Yea
Bill Pigott Republican Yea
Brent Powell Republican Yea
C. Scott Bounds Republican Yea
Casey Eure Republican Yea
Dan Eubanks Republican Yea
Donnie Scoggin Republican Yea
Fred Shanks Republican Yea
Greg Haney Republican Yea
Henry Zuber III Republican Yea
Jason White Republican Yea
Jeff Hale Republican Yea
Jeffrey S. Guice Republican Yea
Jerry R. Turner Republican Yea
Jody Steverson Republican Yea
Joey Hood Republican Yea
John Read Republican Yea
John Thomas "Trey" Lamar, III Republican Yea
Karl Oliver Republican Yea
Kathy L. Chism Republican Yea
Ken Morgan Republican Yea
Kevin Ford Republican Yea
Kevin Horan Republican Nay
Larry Byrd Republican Yea
Lester Carpenter Republican Yea
Manly Barton Republican Yea
Mark Tullos Republican Yea
Missy McGee Republican Yea
Noah Sanford Republican Yea
Price Wallace Republican Yea
Randy P. Boyd Republican Yea
Randy Rushing Republican Yea
Richard Bennett Republican Yea
Rob Roberson Republican Yea
Sam C. Mims, V Republican Yea
Scott DeLano Republican Yea
Stacey Hobgood-Wilkes Republican Yea
Stephen A. Horne Republican Yea
Steve Massengill Republican Yea
Timmy Ladner Republican Yea
Troy Smith Republican Yea
Vince Mangold Republican Yea
William Tracy Arnold Republican Yea

Official roll call →

Passage as Amended

Passed 76 Yea · 38 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 42102
Democrat 41400
Unaffiliated 302202
Independent 0100
Total 763804
% of votes cast 64%32%0%3%
How each member voted (118)
Member Party Vote
Bain — Yea
Baria — Nay
Beckett — Yea
Bomgar — Yea
Busby — Yea
Calhoun — Nay
Corley — Yea
Criswell — Yea
Denny — Yea
Dixon — Nay
Dortch — Nay
Henley — Yea
Holland — Yea
Hopkins — Yea
Hughes — Not Voting
McLeod — Yea
McNeal — Yea
Mettetal — Yea
Miles — Yea
Myers — Not Voting
Paden — Nay
Patterson — Yea
Reynolds — Yea
Shirley — Yea
Snowden — Yea
Staples — Yea
Straughter — Nay
Sullivan — Nay
Sykes — Nay
Walker — Nay
Weathersby — Yea
Williams-Barnes — Nay
Willis — Yea
Young — Nay
Yeas--Aguirre — Yea
Baker — Yea
Barnett — Yea
Bell (21st) — Yea
Huddleston — Yea
Johnson (87th) — Yea
Rogers (14th) — Yea
Rogers (61st) — Yea
Mr. Speaker — Yea
Nays--Anderson — Nay
Bell (65th) — Nay
Blackmon — Nay
Clarke — Nay
Gibbs (72nd) — Nay
Gibbs (36th) — Nay
Holloway — Nay
Hudson — Nay
Jackson — Nay
Johnson (94th) — Nay
Taylor — Nay
Bo Brown Democrat Yea
Bob Evans Democrat Yea
Bob Evans Democrat Nay
Bryant W. Clark Democrat Nay
Carl Mickens Democrat Nay
Cedric Burnett Democrat Yea
Earle S. Banks Democrat Nay
Jeffery Harness Democrat Nay
John G. Faulkner Democrat Nay
John W. Hines, Sr. Democrat Nay
Kabir Karriem Democrat Nay
Omeria Scott Democrat Nay
Oscar Denton Democrat Nay
Otis Anthony Democrat Nay
Percy W. Watson Democrat Nay
Stephanie Foster Democrat Yea
Tracey T. Rosebud Democrat Nay
Willie Bailey Democrat Nay
Angela Cockerham Independent Nay
Becky Currie Republican Yea
Bill Kinkade Republican Yea
Bill Pigott Republican Yea
Brent Powell Republican Yea
C. Scott Bounds Republican Yea
Carolyn Crawford Republican Yea
Casey Eure Republican Yea
Dan Eubanks Republican Yea
Donnie Scoggin Republican Yea
Fred Shanks Republican Yea
Greg Haney Republican Yea
Henry Zuber III Republican Yea
Jason White Republican Yea
Jeff Hale Republican Yea
Jeffrey S. Guice Republican Yea
Jerry R. Turner Republican Yea
Jody Steverson Republican Yea
Joey Hood Republican Yea
John Read Republican Yea
John Thomas "Trey" Lamar, III Republican Not Voting
Karl Oliver Republican Yea
Kathy L. Chism Republican Yea
Ken Morgan Republican Yea
Kevin Ford Republican Yea
Kevin Horan Republican Not Voting
Larry Byrd Republican Yea
Lester Carpenter Republican Yea
Manly Barton Republican Yea
Mark Tullos Republican Yea
Missy McGee Republican Yea
Noah Sanford Republican Yea
Price Wallace Republican Yea
Randy P. Boyd Republican Yea
Randy Rushing Republican Yea
Richard Bennett Republican Yea
Rob Roberson Republican Yea
Sam C. Mims, V Republican Yea
Scott DeLano Republican Yea
Stacey Hobgood-Wilkes Republican Yea
Stephen A. Horne Republican Nay
Steve Massengill Republican Yea
Timmy Ladner Republican Yea
Troy Smith Republican Yea
Vince Mangold Republican Yea
William Tracy Arnold Republican Yea

Official roll call →

Table Motion to Reconsider

Passed 30 Yea · 18 Nay · 4 Other
Party YeaNayPresentNot Voting
Democrat 0501
Unaffiliated 161203
Republican 14100
Total 301804
% of votes cast 58%35%0%8%
How each member voted (52)
Member Party Vote
Browning — Not Voting
Burton — Not Voting
Carmichael — Yea
Caughman — Yea
Dawkins — Nay
Doty — Yea
Gollott — Yea
Horhn — Nay
Jordan — Nay
Jolly — Nay
Massey — Yea
McDaniel — Yea
Moran — Yea
Polk — Yea
Tollison — Yea
Turner-Ford — Nay
Wilemon — Yea
Witherspoon — Nay
Yeas--Blackwell — Yea
Clarke — Yea
Dearing — Yea
Hudson — Yea
Jackson G. (15th) — Yea
Parker — Yea
Nays--Barnett — Nay
Blackmon — Nay
Jackson R. (11th) — Nay
Jackson S. (32nd) — Nay
Simmons D. T. (12th) — Nay
Simmons W. (13th) — Nay
Absent and those Branning — Not Voting
Albert Butler Democrat Nay
David Blount Democrat Nay
Hillman Terome Frazier Democrat Nay
Hob Bryan Democrat Nay
Percy W. Watson Democrat Not Voting
Sollie B. Norwood Democrat Nay
Angela Burks Hill Republican Yea
Brice Wiggins Republican Nay
Briggs Hopson Republican Yea
Chad McMahan Republican Yea
Chuck Younger Republican Yea
Dean Kirby Republican Yea
Dennis DeBar, Jr. Republican Yea
J. Walter Michel Republican Yea
Joel R. Carter, Jr. Republican Yea
Joey Fillingane Republican Yea
Joseph M. Seymour Republican Yea
Josh Harkins Republican Yea
Lydia Graves Chassaniol Republican Yea
Neil S. Whaley Republican Yea
Rita Potts Parks Republican Yea

Official roll call →

Passage

Passed 32 Yea · 17 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 1500
Unaffiliated 171101
Republican 14100
Total 321701
% of votes cast 64%34%0%2%
How each member voted (50)
Member Party Vote
Branning — Yea
Browning — Yea
Carmichael — Yea
Caughman — Yea
Dawkins — Nay
Doty — Yea
Gollott — Yea
Horhn — Nay
Jordan — Nay
Massey — Yea
McDaniel — Yea
Moran — Yea
Polk — Yea
Tollison — Yea
Wilemon — Yea
Witherspoon — Nay
Jackson R. (11th) — Nay
Jackson S. (32nd) — Nay
Simmons D. T. (12th) — Nay
Simmons W. (13th) — Nay
Absent and those Burton — Not Voting
Yeas--Blackwell — Yea
Clarke — Yea
Hudson — Yea
Jackson G. (15th) — Yea
Parker — Yea
Nays--Barnett — Nay
Blackmon — Nay
Dearing — Nay
Albert Butler Democrat Nay
David Blount Democrat Nay
Hillman Terome Frazier Democrat Nay
Hob Bryan Democrat Nay
Percy W. Watson Democrat Yea
Sollie B. Norwood Democrat Nay
Angela Burks Hill Republican Yea
Brice Wiggins Republican Nay
Briggs Hopson Republican Yea
Chad McMahan Republican Yea
Chuck Younger Republican Yea
Dean Kirby Republican Yea
Dennis DeBar, Jr. Republican Yea
J. Walter Michel Republican Yea
Joel R. Carter, Jr. Republican Yea
Joey Fillingane Republican Yea
Joseph M. Seymour Republican Yea
Josh Harkins Republican Yea
Lydia Graves Chassaniol Republican Yea
Neil S. Whaley Republican Yea
Rita Potts Parks Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors SB 2901?
SB 2901 is sponsored by Clarke, Jackson_(15th), Parker, Watson, Hudson, Kevin Blackwell (Republican), Branning, Browning, Carmichael, Caughman, Doty, Gollott, Josh Harkins (Republican), Angela Burks Hill (Republican), Dean Kirby (Republican), Massey, Moran, J. Walter Michel (Republican), Rita Potts Parks (Republican), Joseph M. Seymour (Republican), Neil S. Whaley (Republican), Wilemon, and Joel R. Carter, Jr. (Republican).
What is the current status of SB 2901?
This bill has been enacted into law. Introduced January 21, 2019. Enacted.
Where can I track SB 2901?
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