AMERICAN SOCIETY FOR TESTING AND MATERIALS et al v. PUBLIC.RESOURCE.ORG, INC.

Filing 31

MOTION for Order of Protection by AMERICAN SOCIETY FOR TESTING AND MATERIALS, AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR-CONDITIONING ENGINEERS, INC., NATIONAL FIRE PROTECTION ASSOCIATION, INC. (Attachments: #1 Exhibit A - Proposed Order, #2 Exhibit B - Declaration of Jordana Rubel, #3 Exhibit B - Declaration Exh. 1, #4 Exhibit B - Declaration Exh. 2, #5 Exhibit B - Declaration Exh. 3, #6 Exhibit B - Declaration Exh. 4, #7 Exhibit B - Declaration Exh. 5, #8 Exhibit B - Declaration Exh. 6, #9 Exhibit B - Declaration Exh. 7, #10 Exhibit B - Declaration Exh. 8, #11 Exhibit B - Declaration Exh. 9, #12 Exhibit B - Declaration Exh. 10, #13 Exhibit B - Declaration Exh. 11, #14 Exhibit B - Declaration Exh. 12, #15 Exhibit B - Declaration Exh. 13, #16 Exhibit B - Declaration Exh. 14, #17 Exhibit B - Declaration Exh. 15, #18 Exhibit B - Declaration Exh. 16, #19 Exhibit B - Declaration Exh. 17, #20 Exhibit B - Declaration Exh. 18, #21 Exhibit B - Declaration Exh. 19, #22 Exhibit B - Declaration Exh. 20, #23 Exhibit B - Declaration Exh. 21, #24 Exhibit B - Declaration Exh. 22, #25 Exhibit B - Declaration Exh. 23, #26 Exhibit B - Declaration Exh. 24, #27 Exhibit C)(Fee, J.)

Exhibit 21

PUBLIC.RESOURCE.ORG ~ A Nonprofit Corporation
Open Source America’s Operating System
“It’s Not Just A Good Idea—It’s The Law!”

October 11, 2013

Larry A. Schemmel
Special Assistant Attorney General
Office of the Attorney General
State of Mississippi
Post Office Box 1850
Jackson, Mississippi 39215-1850
Dear Mr. Schemmel:
I am in receipt of your letter of October 7 regarding your request that we “immediately
remove the annotated version of the Mississippi Code of 1972 Annotated from any and
all … website(s) and from all sites and all types of written and electronic media.” We
respectfully decline to comply with this request for the reasons stated herein.
First, let me thank you for thoughtful letter. I especially appreciate your support for the
8 Principles of Open Government Data, which I helped draft with 30 of my colleagues
in 2007. If I may take the liberty of paraphrasing your letter, it seems like you are
making two main points:
•

You state that the State of Mississippi makes the unannotated version of the
Code available and that this is complete, current, and official. (Emphasis in the
original letter.)

•

You state that the annotated version of the Code is also an “official version of
the law of the State and includes the law itself and copyright-protected
material.” (Emphasis in the original letter.)

Let me begin by addressing the question of availability of the unannotated version of
the Code via your vendor’s web site. As you know, the 8 Principles of Government Data
require that access to government data—particularly public domain data such as we
both agree includes the unannotated Code—should be license-free and machine
processable.
As you will see in Exhibit A, access to the site is initially blocked by a popup which
requires the user to agree the Terms and Conditions. Those Terms and Conditions,
which are attached in Exhibit B, consists of an extensive license agreement spanning 5
pages of exceedingly technical language in fine print.
Some of the highlights of the agreement include fairly draconian prohibitions against
effective use, including a prohibitions against the ability to “copy, modify, reproduce,
republish, distribute, display, or transmit for commercial, non-profit or public
purposes all or any portion of this Web Site.”

[e-mail]

!

1005 GRAVENSTEIN HIGHWAY NORTH, SEBASTOPOL, CALIFORNIA 95472 • PH: [phone] • FX: [phone]

The Attorney General of Mississippi, Page 2
The terms of use, in turn, refer to the Copyright Statement from your vendor, which
states:
No part of the materials including graphics or logos, available in this Web site
may be copied, photocopied, reproduced, translated or reduced to any
electronic medium or machine-readable form, in whole or in part, without
specific permission (to request permission to use materials, continue to our
Permission Request Form).  Distribution for commercial purposes is prohibited.
Source: http://www.lexisnexis.com/terms/copyright.aspx
Last Retrieved: October 10, 2013
If the user has the courage to click through, they are presented with a navigational
interface based on frames and an extensive amount of clicking by the user before they
can reach the section they are looking for (See Exhibit C). Finally, the user is presented
with a section of the Code, for example Exhibit D, shows § 1-1-8.
The user interface your vendor presents is full of links to various proprietary products,
but there is a little print icon, which presents a semi-clean version of the text, as
shown in Exhibit E. However, there is a huge flaw in the user interface, in that the URL
that is presented does not allow a user to share what they are looking at with other
users. If you mail the URL to a friend, you don’t get the section of the Code, you get a
screen from your vendor hawking proprietary products as shown in Exhibit F.
The lack of permanent URLs and a modern user interface are just the beginning of
problems with this web site.
•

As you can see from Exhibit G, the site is replete with HTML errors, errors which
prevent the text from properly working on modern standards-based browsers (I
have included only the first 10 pages of the 39 page error report).

•

In addition, as shown in Exhibit H, the site is replete with CSS errors, as shown
in Exhibit H, making the site work improperly in browsers (again, I have included
only the first 10 pages of the 165 error report, which is a test of only one of
several of the CSS files used).

•

In addition, as shown in Exhibit I, the site does not meet the Section 508
accessibility requirements of the U.S. Rehabilitation Act, which makes
information available to people with disabilities.

•

Finally, as shown in Exhibit J, your vendor does not permit search engines to
crawl their site, making the most common discovery method for users
unavailable in the case of the Mississippi Code. People should be able to easily
discover what the law is.

Perhaps the biggest issue is that the public access that is provided does not allow bulk
access to the data. This means that other sites, which might provide better formatting
or accessibility, are prohibited from providing this service by the terms of use. There is
no requirement that the State or your vendor provide a good web site, but prohibiting
others from doing so is a significant barrier to the rule of law and our rights to read,
know, and speak the laws which we must all obey.
Let me turn briefly now to the issue of the Annotated Official Code. Exhibit K contains
the marketing literature provided by your vendor. As you can see, any citizen and

The Attorney General of Mississippi, Page 3
certainly any lawyer would feel totally remiss in not using the the official annotated
version of the Code. The marketing literature stresses that:
Be sure that the law you read is the law indeed
Official isn’t just a word. It’s a process. The Mississippi Joint Legislative
Committee on Compilation, Revision and Publication of Legislation maintains
careful editorial control over the publication of the official code, from the
moment LexisNexis receives the acts to the final galley proofs of the finished
product. Their strict supervision ensures that the published code and its
supplements contain no errors in content, conform carefully to the numbering
scheme, and publish in a timely manner.
Cite the code that’s guaranteed to be right
Because it’s official, you can rely on LexisNexis’ Mississippi Code of 1972
Annotated for the correct statement of the law …
As you can see, it is very clear that the Code is the official statement of the law as
promulgated by the State. This is not some independent commercial endeavor, this is
an official process under the direction of the State.
I have attached as Exhibit L the same section earlier attached from Exhibit D, this one
being the annotated version. As you can see by comparing the two, the Annotated
Code includes important cross references, research references, and Editor’s Notes. The
Editor’s notes are not simply creative work, they are important materials. For example,
the note to § 1-1-11 is a reference to a statement adopted by the Joint Legislative
Committee on Compilation, Revision and Publication of Legislation. Statements such as
these are part and parcel of the law, statements of the codifiers that add important
information to the original statutes.
I appreciate the efforts you have taken to reach out to me and the informative nature
of your letter. It is clear you have given the matter careful consideration. However, we
believe that the Official Code as promulgated by the Joint Legislative Committee and
bearing the official authorship of the Committee falls squarely in the category of the
law, which all citizens have the right to read, know and speak.
We therefore respectfully decline to remove the materials. However, I would be more
than happy to discuss the matter including traveling to Mississippi to discuss the
technical points which I have raised with you and others.
Sincerely yours,

Carl Malamud
enc:

Trodart 5208 Self-Inking Rubber Stamp, Red Ink
“IF A LAW ISN’T PUBLIC, IT ISN’T A LAW. JUSTICE STEPHEN BREYER”

EXHIBIT A

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10/10/13 10:50 AM

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EXHIBIT C

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Copyright © 2013 by The State of Mississippi;. All rights reserved.
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TITLE 1. LAWS AND STATUTES
CHAPTER 1. CODE OF 1972
IN GENERAL
§§ 1-1-1 through 1-1-6. Repealed
§ 1-1-7. Contents
§ 1-1-8. Official code; recognition as evidence of public statute laws; restrictions on use of certain words or ...
§ 1-1-9. Copyright; use of code material
§ 1-1-11. Distribution of the Code of 1972
§ 1-1-12. Binding and identification of state-owned copies of Code of 1972
§ 1-1-13. When Code of 1972 to take effect
§ 1-1-15. Repealed
§ 1-1-17. Appropriations
§ 1-1-19. Repeal of former statutes -- Effect of Code of 1972 upon laws enacted at same session or before Code ...
§ 1-1-21. Effect of repeals by Code of 1972 upon former rights
§ 1-1-22. Prior rights or actions involving taxes unaffected
§ 1-1-23. Effect of adoption of Code of 1972 upon offenses committed prior to effective date of Code
§ 1-1-24. Prior violations of law and civil causes of action unaffected
§ 1-1-25. No revival of repealed laws
§ 1-1-27. Vacation of offices by adoption of Code of 1972
§ 1-1-29. Effect of adoption of Code of 1972 upon private and local laws
§ 1-1-31. Severability provision of Code of 1972
§ 1-1-33. Code of 1972 supplied to officers
§ 1-1-35. Revised manuscript declared to be official Code of the state of Mississippi
§ 1-1-37. Enrollment of the Code of 1972
§ 1-1-39. Deposition and preservation of enrolled draft
SUPPLEMENTATION OF CODE OF 1972 AND UPDATE OF COMPUTER TAPES
JOINT LEGISLATIVE COMMITTEE ON COMPILATION, REVISION AND PUBLICATION OF LEGISLATION
CHAPTER 3. CONSTRUCTION OF STATUTES
CHAPTER 5. SESSION LAWS AND JOURNALS
TITLE 3. STATE SOVEREIGNTY, JURISDICTION AND HOLIDAYS
TITLE 5. LEGISLATIVE DEPARTMENT
TITLE 7. EXECUTIVE DEPARTMENT
TITLE 9. COURTS
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TITLE 11. CIVIL PRACTICE AND PROCEDURE
TITLE 13. EVIDENCE, PROCESS AND JURIES
TITLE 15. LIMITATIONS OF ACTIONS AND PREVENTION OF FRAUDS
TITLE 17. LOCAL GOVERNMENT; PROVISIONS COMMON TO COUNTIES AND MUNICIPALITIES
TITLE 19. COUNTIES AND COUNTY OFFICERS
TITLE 21. MUNICIPALITIES
TITLE 23. ELECTIONS
TITLE 25. PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS
TITLE 27. TAXATION AND FINANCE
TITLE 29. PUBLIC LANDS, BUILDINGS AND PROPERTY
TITLE 31. PUBLIC BUSINESS, BONDS AND OBLIGATIONS
TITLE 33. MILITARY AFFAIRS
TITLE 35. WAR VETERANS AND PENSIONS
TITLE 37. EDUCATION
TITLE 39. LIBRARIES, ARTS, ARCHIVES AND HISTORY
TITLE 41. PUBLIC HEALTH
TITLE 43. PUBLIC WELFARE
TITLE 45. PUBLIC SAFETY AND GOOD ORDER
TITLE 47. PRISONS AND PRISONERS; PROBATION AND PAROLE
TITLE 49. CONSERVATION AND ECOLOGY
TITLE 51. WATERS, WATER RESOURCES, WATER DISTRICTS, DRAINAGE, AND FLOOD CONTROL
TITLE 53. OIL, GAS, AND OTHER MINERALS
TITLE 55. PARKS AND RECREATION
TITLE 57. PLANNING, RESEARCH AND DEVELOPMENT
TITLE 59. PORTS, HARBORS, LANDINGS AND WATERCRAFT
TITLE 61. AVIATION
TITLE 63. MOTOR VEHICLES AND TRAFFIC REGULATIONS
TITLE 65. HIGHWAYS, BRIDGES AND FERRIES
TITLE 67. ALCOHOLIC BEVERAGES
TITLE 69. AGRICULTURE, HORTICULTURE, AND ANIMALS
TITLE 71. LABOR AND INDUSTRY
TITLE 73. PROFESSIONS AND VOCATIONS
TITLE 75. REGULATION OF TRADE, COMMERCE AND INVESTMENTS
TITLE 77. PUBLIC UTILITIES AND CARRIERS
TITLE 79. CORPORATIONS, ASSOCIATIONS, AND PARTNERSHIPS
TITLE 81. BANKS AND FINANCIAL INSTITUTIONS
TITLE 83. INSURANCE
TITLE 85. DEBTOR-CREDITOR RELATIONSHIP
TITLE 87. CONTRACTS AND CONTRACTUAL RELATIONS
TITLE 89. REAL AND PERSONAL PROPERTY
TITLE 91. TRUSTS AND ESTATES
THE CONSTITUTION OF THE STATE OF MISSISSIPPI
TITLE 93. DOMESTIC RELATIONS
TITLE 95. TORTS
TITLE 97. CRIMES
TITLE 99. CRIMINAL PROCEDURE
1 - 79 of 79

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EXHIBIT D

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Miss. Code Ann. § 1-1-8
MISSISSIPPI CODE of 1972
** Current through the 2013 Regular Session and 1st and 2nd Extraordinary Sessions ***
TITLE 1. LAWS AND STATUTES
CHAPTER 1. CODE OF 1972
IN GENERAL
Miss. Code Ann. § 1-1-8 (2013)
§ 1-1-8. Official code; recognition as evidence of public statute laws; restrictions on use of certain words
or names in title of codes other than official version
(1) The Mississippi Code of 1972 Annotated, as amended, modified and revised from time to time,
that is published by the company with which the Joint Legislative Committee on Compilation, Revision
and Publication of Legislation has contracted under Section 1-1-107(a):
(a) Is the official code of the public statute laws of the State of Mississippi that are enacted by the
Legislature; and
(b) Shall be used, received, recognized and referred to as the official code of the public statute laws of
the State of Mississippi, and shall be considered as evidence of the public statute laws of the State of
Mississippi, in all courts of the State and by all public officers, offices, departments and agencies of the
state and its political subdivisions, and in all other places or instances where the public statute laws of
the State may come into question. However, if there is any conflict between the language of any statute
as it appears in the Mississippi Code of 1972 Annotated and in the General Laws of Mississippi, the
language in the General Laws shall control; and if there is any conflict between the language of any
statute as it appears in the General Laws of Mississippi and in the original enrolled bills enacted by the
Legislature, the language in the enrolled bills shall control.
(2) No publisher of a code of the public statute laws of the State of Mississippi, other than the publishing
company with which the Joint Legislative Committee on Compilation, Revision and Publication of
Legislation has contracted under Section 1-1-107(a), shall be authorized to use as the name, title or
designation of the code that is published, the words "Mississippi Code of 1972," "Mississippi Code 1972,"
"Mississippi Code of 1972 Annotated," "Mississippi Code 1972 Annotated," "Annotated Mississippi Code
of 1972," "Annotated Mississippi Code 1972," or any other combination of words containing "Code of
1972," "Code 1972" or "1972 Code." The joint committee may seek injunctive relief, or authorize the
publisher of the official code to seek injunctive relief on behalf of the joint committee, against any
person or entity to enforce the provisions of this subsection.
HISTORY: SOURCES: Laws, 1999, ch. 310, § 2, eff from and after passage (approved Mar. 8, 1999)

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EXHIBIT E

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10/10/13 12:08 PM

Miss. Code Ann. § 1-1-8
MISSISSIPPI CODE of 1972
** Current through the 2013 Regular Session and 1st and 2nd Extraordinary Sessions ***
TITLE 1. LAWS AND STATUTES
CHAPTER 1. CODE OF 1972
IN GENERAL
Miss. Code Ann. § 1-1-8 (2013)
§ 1-1-8. Official code; recognition as evidence of public statute laws; restrictions on use of certain
words or names in title of codes other than official version
(1) The Mississippi Code of 1972 Annotated, as amended, modified and revised from time to time,
that is published by the company with which the Joint Legislative Committee on Compilation, Revision
and Publication of Legislation has contracted under Section 1-1-107(a):
(a) Is the official code of the public statute laws of the State of Mississippi that are enacted by the
Legislature; and
(b) Shall be used, received, recognized and referred to as the official code of the public statute laws
of the State of Mississippi, and shall be considered as evidence of the public statute laws of the State
of Mississippi, in all courts of the State and by all public officers, offices, departments and agencies of
the state and its political subdivisions, and in all other places or instances where the public statute laws
of the State may come into question. However, if there is any conflict between the language of any
statute as it appears in the Mississippi Code of 1972 Annotated and in the General Laws of Mississippi,
the language in the General Laws shall control; and if there is any conflict between the language of any
statute as it appears in the General Laws of Mississippi and in the original enrolled bills enacted by the
Legislature, the language in the enrolled bills shall control.
(2) No publisher of a code of the public statute laws of the State of Mississippi, other than the
publishing company with which the Joint Legislative Committee on Compilation, Revision and
Publication of Legislation has contracted under Section 1-1-107(a), shall be authorized to use as the
name, title or designation of the code that is published, the words "Mississippi Code of 1972,"
"Mississippi Code 1972," "Mississippi Code of 1972 Annotated," "Mississippi Code 1972 Annotated,"
"Annotated Mississippi Code of 1972," "Annotated Mississippi Code 1972," or any other combination of
words containing "Code of 1972," "Code 1972" or "1972 Code." The joint committee may seek
injunctive relief, or authorize the publisher of the official code to seek injunctive relief on behalf of the
joint committee, against any person or entity to enforce the provisions of this subsection.
HISTORY: SOURCES: Laws, 1999, ch. 310, § 2, eff from and after passage (approved Mar. 8, 1999)

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EXHIBIT F

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EXHIBIT G

[Invalid] Markup Validation of upload://Form Submission - W3C Markup Validator

10/10/13 10:58 AM

Markup Validation Service
Check the markup (HTML, XHTML, …) of Web documents

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Notes and Potential Issues

Validation Output

Errors found while checking this document as HTML 4.01 Transitional!
Result:

Source :

Encoding :
Doctype :
Root Element:

Options
http://validator.w3.org/check

83 Errors, 34 warning(s)
<html>
<head>
<meta name="viewport" content="width=device-width,
initial-scale=1.0, maximum-scale=1.0;" />
<link rel="stylesheet" type="text/css"
href="/ri/newUIGlobal_05-OCT-2013.css"></link>
<LINK REL="stylesheet" TYPE="text/css"
HREF="/ri/starpag_05-OCT-2013.css" >
<LINK REL="stylesheet" TYPE="text/css"
HREF="/ri/ldcPopUp_05-OCT-2013.css">
<LINK REL="stylesheet" TYPE="text/css"
HREF="/ri/treeView_05-OCT-2013.css">
utf-8
<title>Search - 1 Result -(detect automatically)
§&nbsp;1-1-8.&nbsp;Official
code; recognition as evidence of public statute laws;
restrictions on use
(detect words or
HTML 4.01 Transitional of certain automatically) names in title of
codes other than official version</title>
<META
html NAME="SEARCHHINT"
CONTENT="48de36576ebd7b703d2846f00e86a963db07853df53f71da8
42af15660cbf099162eafab08595a25994a52490d22705107fb5ee04f0
ac0ce1aadaa86a30a7dcd77b8b6290f1c9e2292ae245b761095149869b
Try now the W3C Validator Suite™ premium
a5a13990f6adf021154264c83b9c013f969c91fac13b74e53c76846c2b
service that checks your entire website and
83fcafc42bac6a4e192dd270c896ffd4311f9e13785e7d070ebe5dd9e1
1bc87d9a140a6b3eef23593ae4799680a387316e97cecc2b13e41b43e5
evaluates its conformance with W3C open
25ff0e830759a48eb4e0da8940ad86ff149ff27d25111403253b02b9bb
standards to quickly identify those portions of
b96c3527bd36611b3e71c3cc5aa9e6bd7bc5b6c4c90053d245790b9916
bea796c0ebacb5a4b76599150640219ad9c9ae657dd96a9ff5c510d03d
your website that need your attention.
1622c30dab8a4dff3a19056467e08a8d258bf70140a8b72ea87e031870
e77f8e4ec1d1b58c91a280a12ffbd19cba874cc9a702cd90e5e3dcfe1c
The W3C validators are developed
50d46426c9cf848f2667d9ff64e791928590cc5f200">
4430
<script src="/ri/lnjquery_05-OCT-2013.js"Mozilla
with assistance from the
language="JavaScript"></script><script
Foundation, and supported by
src="/ri/browser_05-OCT-2013.js" language="JavaScript">
community donations.
</script><script src="/ri/ldcDom_utils_05-OCT-2013.js"
language="JavaScript"></script><script
Donate and help us build better tools for a
src="/ri/ettoc_ns6_05-OCT-2013.js" language="JavaScript">
better web.
</script><script src="/ri/dom_et3_ui_05-OCT-2013.js"
language="JavaScript"></script><script
src="/ri/ns_me_ui_05-OCT-2013.js" language="JavaScript">
</script><script src="/ri/dom_me_ui_05-OCT-2013.js"
language="JavaScript"></script><script
src="/ri/commonscript_05-OCT-2013.js"
NOTE: The report is 39 pages long, but I have only included
the first 10 pages of error messages in this exhibit. CM.

Page 1 of 39

[Invalid] Markup Validation of upload://Form Submission - W3C Markup Validator

Show Source

Validate error pages

Show Outline

List Messages Sequentially
by Type

Verbose Output

10/10/13 10:58 AM

Group Error Messages

Clean up Markup with HTML-Tidy

Help on the options is available.

Revalidate

Notes and Potential Issues
The following notes and warnings highlight missing or conflicting information which caused
the validator to perform some guesswork prior to validation, or other things affecting the
output below. If the guess or fallback is incorrect, it could make validation results entirely
incoherent. It is highly recommended to check these potential issues, and, if necessary, fix
them and re-validate the document.
Unable to Determine Parse Mode!
The validator can process documents either as XML (for document types such as
XHTML, SVG, etc.) or SGML (for HTML 4.01 and prior versions). For this document,
the information available was not sufficient to determine the parsing mode
unambiguously, because:
in Direct Input mode, no MIME Media Type is served to the validator
No known Document Type could be detected
No XML declaration (e.g <?xml version="1.0"?>) could be found at the
beginning of the document.
No XML namespace (e.g <html xmlns="http://www.w3.org/1999/xhtml"
xml:lang="en">) could be found at the root of the document.
As a default, the validator is falling back to SGML mode.

No DOCTYPE found! Checking with default HTML 4.01 Transitional Document
Type.
No DOCTYPE Declaration could be found or recognized in this document. This
generally means that the document is not declaring its Document Type at the top. It can
also mean that the DOCTYPE declaration contains a spelling error, or that it is not
using the correct syntax.
http://validator.w3.org/check

Page 2 of 39

[Invalid] Markup Validation of upload://Form Submission - W3C Markup Validator

10/10/13 10:58 AM

The document was checked using a default "fallback" Document Type Definition that
closely resembles “HTML 4.01 Transitional”.
Learn how to add a doctype to your document from our FAQ.

No Character encoding declared at document level
No character encoding information was found within the document, either in an HTML
meta element or an XML declaration. It is often recommended to declare the character
encoding in the document itself, especially if there is a chance that the document will be
read from or saved to disk, CD, etc.
See this tutorial on character encoding for techniques and explanations.

Using Direct Input mode: UTF-8 character encoding assumed
Unlike the “by URI” and “by File Upload” modes, the “Direct Input” mode of the validator
provides validated content in the form of characters pasted or typed in the validator's
form field. This will automatically make the data UTF-8, and therefore the validator does
not need to determine the character encoding of your document, and will ignore any
charset information specified.
If you notice a discrepancy in detected character encoding between the “Direct Input”
mode and other validator modes, this is likely to be the reason. It is neither a bug in the
validator, nor in your document.

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Validation Output: 83 Errors
Line 2, Column 1: no document type declaration; implying "<!DOCTYPE HTML
SYSTEM>"
✉
< html>
The checked page did not contain a document type ("DOCTYPE") declaration. The Validator
has tried to validate with a fallback DTD, but this is quite likely to be incorrect and will generate
a large number of incorrect error messages. It is highly recommended that you insert the
http://validator.w3.org/check

Page 3 of 39

[Invalid] Markup Validation of upload://Form Submission - W3C Markup Validator

10/10/13 10:58 AM

proper DOCTYPE declaration in your document -- instructions for doing this are given above -and it is necessary to have this declaration before the page can be declared to be valid.

Line 4, Column 91: NET-enabling start-tag requires SHORTTAG YES

✉

…iewport" content="width=device-width, initial-scale=1.0, maximum-scale=1.0;" / >
For the current document, the validator interprets strings like <FOO /> according to legacy
rules that break the expectations of most authors and thus cause confusing warnings and
error messages from the validator. This interpretation is triggered by HTML 4 documents or
other SGML-based HTML documents. To avoid the messages, simply remove the "/"
character in such contexts. NB: If you expect <FOO /> to be interpreted as an XML-compatible
"self-closing" tag, then you need to use XHTML or HTML5.
This warning and related errors may also be caused by an unquoted attribute value containing
one or more "/". Example: <a href=http://w3c.org>W3C</a>. In such cases, the solution is to
put quotation marks around the value.

Line 4, Column 92: character data is not allowed here

✉

…iewport" content="width=device-width, initial-scale=1.0, maximum-scale=1.0;" / >
You have used character data somewhere it is not permitted to appear. Mistakes that can
cause this error include:
putting text directly in the body of the document without wrapping it in a container element (such as
a <p>aragraph</p>), or
forgetting to quote an attribute value (where characters such as "%" and "/" are common, but
cannot appear without surrounding quotes), or
using XHTML-style self-closing tags (such as <meta ... />) in HTML 4.01 or earlier. To fix, remove
the extra slash ('/') character. For more information about the reasons for this, see Empty elements
in SGML, HTML, XML, and XHTML.

Line 5, Column 86: end tag for element "LINK" which is not open

✉

…rel="stylesheet" type="text/css" href="/ri/newUIGlobal_05-OCT-2013.css"></link >
The Validator found an end tag for the above element, but that element is not currently open.
This is often caused by a leftover end tag from an element that was removed during editing, or
by an implicitly closed element (if you have an error related to an element being used where it
is not allowed, this is almost certainly the case). In the latter case this error will disappear as
soon as you fix the original problem.
If this error occurred in a script section of your document, you should probably read this FAQ
entry.
http://validator.w3.org/check

Page 4 of 39

[Invalid] Markup Validation of upload://Form Submission - W3C Markup Validator

Line 13, Column 64: required attribute "TYPE" not specified

10/10/13 10:58 AM

✉

…_05-OCT-2013.js" language="JavaScript" > </script><script src="/ri/browser_05-OC…
The attribute given above is required for an element that you've used, but you have omitted it.
For instance, in most HTML and XHTML document types the "type" attribute is required on the
"script" element and the "alt" attribute is required for the "img" element.
Typical values for type are type="text/css" for <style> and type="text/javascript" for
<script>.

Line 13, Column 136: required attribute "TYPE" not specified

✉

…_05-OCT-2013.js" language="JavaScript" > </script><script src="/ri/ldcDom_utils_…
The attribute given above is required for an element that you've used, but you have omitted it.
For instance, in most HTML and XHTML document types the "type" attribute is required on the
"script" element and the "alt" attribute is required for the "img" element.
Typical values for type are type="text/css" for <style> and type="text/javascript" for
<script>.

Line 13, Column 213: required attribute "TYPE" not specified

✉

…_05-OCT-2013.js" language="JavaScript" > </script><script src="/ri/ettoc_ns6_05-…
The attribute given above is required for an element that you've used, but you have omitted it.
For instance, in most HTML and XHTML document types the "type" attribute is required on the
"script" element and the "alt" attribute is required for the "img" element.
Typical values for type are type="text/css" for <style> and type="text/javascript" for
<script>.

Line 13, Column 287: required attribute "TYPE" not specified

✉

…_05-OCT-2013.js" language="JavaScript" > </script><script src="/ri/dom_et3_ui_05…
The attribute given above is required for an element that you've used, but you have omitted it.
For instance, in most HTML and XHTML document types the "type" attribute is required on the
"script" element and the "alt" attribute is required for the "img" element.
Typical values for type are type="text/css" for <style> and type="text/javascript" for
<script>.
http://validator.w3.org/check

Page 5 of 39

[Invalid] Markup Validation of upload://Form Submission - W3C Markup Validator

Line 13, Column 362: required attribute "TYPE" not specified

10/10/13 10:58 AM

✉

…_05-OCT-2013.js" language="JavaScript" > </script><script src="/ri/ns_me_ui_05-O…
The attribute given above is required for an element that you've used, but you have omitted it.
For instance, in most HTML and XHTML document types the "type" attribute is required on the
"script" element and the "alt" attribute is required for the "img" element.
Typical values for type are type="text/css" for <style> and type="text/javascript" for
<script>.

Line 13, Column 435: required attribute "TYPE" not specified

✉

…_05-OCT-2013.js" language="JavaScript" > </script><script src="/ri/dom_me_ui_05-…
The attribute given above is required for an element that you've used, but you have omitted it.
For instance, in most HTML and XHTML document types the "type" attribute is required on the
"script" element and the "alt" attribute is required for the "img" element.
Typical values for type are type="text/css" for <style> and type="text/javascript" for
<script>.

Line 13, Column 509: required attribute "TYPE" not specified

✉

…_05-OCT-2013.js" language="JavaScript" > </script><script src="/ri/commonscript_…
The attribute given above is required for an element that you've used, but you have omitted it.
For instance, in most HTML and XHTML document types the "type" attribute is required on the
"script" element and the "alt" attribute is required for the "img" element.
Typical values for type are type="text/css" for <style> and type="text/javascript" for
<script>.

Line 13, Column 586: required attribute "TYPE" not specified

✉

…_05-OCT-2013.js" language="JavaScript" > </script><script src="/ri/browser_05-OC…
The attribute given above is required for an element that you've used, but you have omitted it.
For instance, in most HTML and XHTML document types the "type" attribute is required on the
"script" element and the "alt" attribute is required for the "img" element.
Typical values for type are type="text/css" for <style> and type="text/javascript" for
<script>.

http://validator.w3.org/check

Page 6 of 39

[Invalid] Markup Validation of upload://Form Submission - W3C Markup Validator

Line 13, Column 658: required attribute "TYPE" not specified

10/10/13 10:58 AM

✉

…_05-OCT-2013.js" language="JavaScript" > </script><script src="/ri/ldc_navbar_05…
The attribute given above is required for an element that you've used, but you have omitted it.
For instance, in most HTML and XHTML document types the "type" attribute is required on the
"script" element and the "alt" attribute is required for the "img" element.
Typical values for type are type="text/css" for <style> and type="text/javascript" for
<script>.

Line 13, Column 733: required attribute "TYPE" not specified

✉

…_05-OCT-2013.js" language="JavaScript" > </script><script src="/ri/ldc_gnsm_ui_0…
The attribute given above is required for an element that you've used, but you have omitted it.
For instance, in most HTML and XHTML document types the "type" attribute is required on the
"script" element and the "alt" attribute is required for the "img" element.
Typical values for type are type="text/css" for <style> and type="text/javascript" for
<script>.

Line 13, Column 809: required attribute "TYPE" not specified

✉

…pt><script src="/ri/ldc_gnsm_ui_05-OCT-2013.js" language="JavaScript" > </script>
The attribute given above is required for an element that you've used, but you have omitted it.
For instance, in most HTML and XHTML document types the "type" attribute is required on the
"script" element and the "alt" attribute is required for the "img" element.
Typical values for type are type="text/css" for <style> and type="text/javascript" for
<script>.

Line 15, Column 33: required attribute "TYPE" not specified

✉

<SCRIPT language="JavaScript1.2" >
The attribute given above is required for an element that you've used, but you have omitted it.
For instance, in most HTML and XHTML document types the "type" attribute is required on the
"script" element and the "alt" attribute is required for the "img" element.
Typical values for type are type="text/css" for <style> and type="text/javascript" for
<script>.

http://validator.w3.org/check

Page 7 of 39

[Invalid] Markup Validation of upload://Form Submission - W3C Markup Validator

Line 127, Column 8: required attribute "TYPE" not specified

10/10/13 10:58 AM

✉

<script > </script>
The attribute given above is required for an element that you've used, but you have omitted it.
For instance, in most HTML and XHTML document types the "type" attribute is required on the
"script" element and the "alt" attribute is required for the "img" element.
Typical values for type are type="text/css" for <style> and type="text/javascript" for
<script>.

Line 132, Column 35: there is no attribute "TOPMARGIN"

✉

<body bgcolor="#FFFFFF" topmargin= 0 leftmargin=0 rightmargin=0 ID="body"
You have used the attribute named above in your document, but the document type you are
using does not support that attribute for this element. This error is often caused by incorrect
use of the "Strict" document type with a document that uses frames (e.g. you must use the
"Transitional" document type to get the "target" attribute), or by using vendor proprietary
extensions such as "marginheight" (this is usually fixed by using CSS to achieve the desired
effect instead).
This error may also result if the element itself is not supported in the document type you are
using, as an undefined element will have no supported attributes; in this case, see the
element-undefined error message for further information.
How to fix: check the spelling and case of the element and attribute, (Remember XHTML is all
lower-case) and/or check that they are both allowed in the chosen document type, and/or use
CSS instead of this attribute. If you received this error when using the <embed> element to
incorporate flash media in a Web page, see the FAQ item on valid flash.

Line 132, Column 48: there is no attribute "LEFTMARGIN"

✉

<body bgcolor="#FFFFFF" topmargin=0 leftmargin= 0 rightmargin=0 ID="body"
You have used the attribute named above in your document, but the document type you are
using does not support that attribute for this element. This error is often caused by incorrect
use of the "Strict" document type with a document that uses frames (e.g. you must use the
"Transitional" document type to get the "target" attribute), or by using vendor proprietary
extensions such as "marginheight" (this is usually fixed by using CSS to achieve the desired
effect instead).
This error may also result if the element itself is not supported in the document type you are
using, as an undefined element will have no supported attributes; in this case, see the
element-undefined error message for further information.
How to fix: check the spelling and case of the element and attribute, (Remember XHTML is all
http://validator.w3.org/check

Page 8 of 39

[Invalid] Markup Validation of upload://Form Submission - W3C Markup Validator

10/10/13 10:58 AM

lower-case) and/or check that they are both allowed in the chosen document type, and/or use
CSS instead of this attribute. If you received this error when using the <embed> element to
incorporate flash media in a Web page, see the FAQ item on valid flash.

Line 132, Column 62: there is no attribute "RIGHTMARGIN"

✉

<body bgcolor="#FFFFFF" topmargin=0 leftmargin=0 rightmargin= 0 ID="body"
You have used the attribute named above in your document, but the document type you are
using does not support that attribute for this element. This error is often caused by incorrect
use of the "Strict" document type with a document that uses frames (e.g. you must use the
"Transitional" document type to get the "target" attribute), or by using vendor proprietary
extensions such as "marginheight" (this is usually fixed by using CSS to achieve the desired
effect instead).
This error may also result if the element itself is not supported in the document type you are
using, as an undefined element will have no supported attributes; in this case, see the
element-undefined error message for further information.
How to fix: check the spelling and case of the element and attribute, (Remember XHTML is all
lower-case) and/or check that they are both allowed in the chosen document type, and/or use
CSS instead of this attribute. If you received this error when using the <embed> element to
incorporate flash media in a Web page, see the FAQ item on valid flash.

Line 133, Column 14: there is no attribute "MARGINHEIGHT"
marginheight= 0 marginwidth=0

✉

onResize="resizeHandler()" onLoad="changeFont();l…

You have used the attribute named above in your document, but the document type you are
using does not support that attribute for this element. This error is often caused by incorrect
use of the "Strict" document type with a document that uses frames (e.g. you must use the
"Transitional" document type to get the "target" attribute), or by using vendor proprietary
extensions such as "marginheight" (this is usually fixed by using CSS to achieve the desired
effect instead).
This error may also result if the element itself is not supported in the document type you are
using, as an undefined element will have no supported attributes; in this case, see the
element-undefined error message for further information.
How to fix: check the spelling and case of the element and attribute, (Remember XHTML is all
lower-case) and/or check that they are both allowed in the chosen document type, and/or use
CSS instead of this attribute. If you received this error when using the <embed> element to
incorporate flash media in a Web page, see the FAQ item on valid flash.

Line 133, Column 28: there is no attribute "MARGINWIDTH"
✉
http://validator.w3.org/check

Page 9 of 39

[Invalid] Markup Validation of upload://Form Submission - W3C Markup Validator

marginheight=0 marginwidth= 0

10/10/13 10:58 AM

onResize="resizeHandler()" onLoad="changeFont();l…

You have used the attribute named above in your document, but the document type you are
using does not support that attribute for this element. This error is often caused by incorrect
use of the "Strict" document type with a document that uses frames (e.g. you must use the
"Transitional" document type to get the "target" attribute), or by using vendor proprietary
extensions such as "marginheight" (this is usually fixed by using CSS to achieve the desired
effect instead).
This error may also result if the element itself is not supported in the document type you are
using, as an undefined element will have no supported attributes; in this case, see the
element-undefined error message for further information.
How to fix: check the spelling and case of the element and attribute, (Remember XHTML is all
lower-case) and/or check that they are both allowed in the chosen document type, and/or use
CSS instead of this attribute. If you received this error when using the <embed> element to
incorporate flash media in a Web page, see the FAQ item on valid flash.

Line 133, Column 40: there is no attribute "ONRESIZE"
…arginheight=0 marginwidth=0

✉

onResize= " resizeHandler()" onLoad="changeFont();l…

You have used the attribute named above in your document, but the document type you are
using does not support that attribute for this element. This error is often caused by incorrect
use of the "Strict" document type with a document that uses frames (e.g. you must use the
"Transitional" document type to get the "target" attribute), or by using vendor proprietary
extensions such as "marginheight" (this is usually fixed by using CSS to achieve the desired
effect instead).
This error may also result if the element itself is not supported in the document type you are
using, as an undefined element will have no supported attributes; in this case, see the
element-undefined error message for further information.
How to fix: check the spelling and case of the element and attribute, (Remember XHTML is all
lower-case) and/or check that they are both allowed in the chosen document type, and/or use
CSS instead of this attribute. If you received this error when using the <embed> element to
incorporate flash media in a Web page, see the FAQ item on valid flash.

Line 133, Column 95: document type does not allow element "BODY" here
…arginwidth=0

✉

onResize="resizeHandler()" onLoad="changeFont();loadHandler();" >

The element named above was found in a context where it is not allowed. This could mean
that you have incorrectly nested elements -- such as a "style" element in the "body" section
instead of inside "head" -- or two elements that overlap (which is not allowed).
One common cause for this error is the use of XHTML syntax in HTML documents. Due to
HTML's rules of implicitly closed elements, this error can create cascading effects. For
instance, using XHTML's "self-closing" tags for "meta" and "link" in the "head" section of a
http://validator.w3.org/check

Page 10 of 39

EXHIBIT H

W3C CSS Validator results for TextArea (CSS level 3)

10/10/13 11:02 AM

The W3C CSS Validation Service
W3C CSS Validator results for TextArea (CSS level 3)

Jump to:

Errors (156)

Warnings (47)

Validated CSS

W3C CSS Validator results for TextArea (CSS level 3)
Sorry! We found the following errors (156)
URI : TextArea

119 .term, .thTerm

Value Error : cursor hand is not a cursor value : hand

126 .pmterm

hand is not a cursor value : hand

140 .helpLHideN

Value Error : visibility hide is not a visibility value : hide

140 .helpLHideN

Property zindex doesn't exist : 1

141 .helpL0N

Value Error : visibility hide is not a visibility value : hide

141 .helpL0N

Property zindex doesn't exist : 1

142 .helpL1N

Value Error : visibility hide is not a visibility value : hide

142 .helpL1N

Property zindex doesn't exist : 2

143 .helpL2N

Value Error : visibility hide is not a visibility value : hide

143 .helpL2N

Property zindex doesn't exist : 3

144 .helpL3N

Value Error : visibility hide is not a visibility value : hide

144 .helpL3N

Property zindex doesn't exist : 4

145 .txtHide

Value Error : visibility hide is not a visibility value : hide

147 .txt#tagDel

Value Error : visibility hide is not a visibility value : hide

148 .txt#tagDelS

Value Error : visibility show is not a visibility value : show

149 .txt#tagSrc

Value Error : visibility hide is not a visibility value : hide

150 .txt#tagSrcS

Value Error : visibility show is not a visibility value : show

165 .tocexpandNS

Value Error : visibility hide is not a visibility value : hide

168 .tocexpandNS

Property layer-background-color doesn't exist : #FFFFCC

http://jigsaw.w3.org/css-validator/validator

Page 1 of 165

W3C CSS Validator results for TextArea (CSS level 3)

10/10/13 11:02 AM

174 .tocposNS

Value Error : visibility hide is not a visibility value : hide

175 .tocposShowNS

Value Error : visibility show is not a visibility value : show

182 .tocexpandIE

Property layer-background-color doesn't exist : #FFFFCC

191 .CALyr

Property layer-background-color doesn't exist : #FFFFCC

220 .tocScrollDiv

Value Error : height only 0 can be a length. You must put
a unit after your number : 100

221 .tocScrollDiv

Value Error : width only 0 can be a length. You must put
a unit after your number : 380

227 .tocScrollDivNS

Value Error : height only 0 can be a length. You must put
a unit after your number : 100

228 .tocScrollDivNS

Value Error : width only 0 can be a length. You must put
a unit after your number : 380

296 .hpOpt

Value Error : width "162px" is not a width value : "162px"

320 .fpMenuCell

Value Error : cursor normal is not a cursor value : normal

327 .fpMenuCellHover

Value Error : cursor hand is not a cursor value : hand

373 .tabActive, .tabInactive

hand is not a cursor value : hand

406 .menu a:visited

Value Error : color 0 is not a color value : 0

410 .menu a:hover

Value Error : color 0 is not a color value : 0

415 td.menu

Value Error : color 0 is not a color value : 0

445 td.disabled

Value Error : color 999966 is not a color value : 999966

450 td.disabled

Property font-color doesn't exist : 999966

469 .lnPopupStyle

Property layer-background-color doesn't exist :
#DFDFDF

482 .CRNTrailStyle

Property layer-background-color doesn't exist :
#DFDFDF

574 a.rtMenuItem:hover

Value Error : cursor hand is not a cursor value : hand

608 tr.trActive

Value Error : cursor hand is not a cursor value : hand

620 span.imgInactive

Property ackground-image doesn't exist :
url(/ri/arrow_black.gif)

631 img.meDocHand

Value Error : cursor hand is not a cursor value : hand

797 a.dftintralnk

Value Error : color Unknown dimension 3300cc

http://jigsaw.w3.org/css-validator/validator

Page 2 of 165

W3C CSS Validator results for TextArea (CSS level 3)

10/10/13 11:02 AM

797 a.dftintralnk

Value Error : color Unknown dimension 3300cc

888 .hpTopLk2

hand is not a cursor value : hand

932 .smallsans

Value Error : font-family Parse Error : , Arial, Helvetica,
sans-serif

935 .smallsansInact

Value Error : font-family Parse Error : , Arial, Helvetica,
sans-serif

943 .trGNSMActive

Value Error : font-family Parse Error : , Arial, Helvetica,
sans-serif

953 .trGNSMInactive

Value Error : font-family Parse Error : , Arial, Helvetica,
sans-serif

960 table.tableMenu

Value Error : cursor hand is not a cursor value : hand

963 span.disabledLink

Value Error : color 999999 is not a color value : 999999

1035 tr.SStrActiveClass

Value Error : cursor hand is not a cursor value : hand

1073 .ssrchDocSel

Value Error : width only 0 can be a length. You must put
a unit after your number : 285

1077 .ssrchDocSel

Value Error : border Unknown dimension 2pxinset

1104 .tsppopupclose

Value Error : cursor hand is not a cursor value : hand

1140 #tsppopup

Parse Error duration=1)

1176 .scBlackTerm

Value Error : color #black is not a valid color 3 or 6
hexadecimals numbers : #black

1183 .spellCheckFakeDivIE

none is not a overflow-x value : none

1298 .SS_popmenu

Parse Error -HEIGHT: 1.1em

1349 .SS_popmenubar A

hand is not a cursor value : hand

1438 tr.SS_headerblack td

Value Error : padding only 0 can be a length. You must
put a unit after your number : 3 3 3 3

1445 tr.SS_subheaderdkgray td

Value Error : padding only 0 can be a length. You must
put a unit after your number : 3 3 3 3

1451 tr.SS_noshadewhite td

Value Error : padding only 0 can be a length. You must
put a unit after your number : 3 3 3 3

1469 table.SS_tableborder

Value Error : width only 0 can be a length. You must put
a unit after your number : 750

1473 table.SS_tablenoborder

Value Error : width only 0 can be a length. You must put
a unit after your number : 750

http://jigsaw.w3.org/css-validator/validator

Page 3 of 165

W3C CSS Validator results for TextArea (CSS level 3)

1700 .pgheader

10/10/13 11:02 AM

Property font-color doesn't exist : #000000

input.editButton,
input.browseButton

Value Error : cursor hand is not a cursor value : hand

1916 input.selectSourcesButton

Value Error : cursor hand is not a cursor value : hand

1967 .rbcTitleBar

Value Error : font-family 11px is not a font-family value :
11px Verdana,Arial,Helvetica,sans-serif

1989 .rbcFormHeading

Value Error : font-size only 0 can be a length. You must
put a unit after your number : 11

1995 .rbcFormSelect

Value Error : font-size only 0 can be a length. You must
put a unit after your number : 11

1995 .rbcFormSelect

Value Error : width only 0 can be a length. You must put
a unit after your number : 200

2003 input.rbcFormSelect

Parse Error onfocus="newcodeopt.checked='checked';"

2007 .rbcGoImage

Value Error : vertical-align null is not a vertical-align value
: center

2011 #rbcInput1

Value Error : width only 0 can be a length. You must put
a unit after your number : 20

2038 .panebarselectedtab

Value Error : background #FFFFF is not a backgroundcolor value : #FFFFF url(/ri/TabMiddleWhite.gif) repeat-x

2149 input.invButtonWidget

Value Error : height only 0 can be a length. You must put
a unit after your number : 30

2150 input.invButtonWidget

Value Error : width only 0 can be a length. You must put
a unit after your number : 49

2153 input.invButtonWidget:hover

Value Error : height only 0 can be a length. You must put
a unit after your number : 30

2154 input.invButtonWidget:hover

Value Error : width only 0 can be a length. You must put
a unit after your number : 49

2240 input.bentArrowButton

Value Error : cursor hand is not a cursor value : hand

2261 input.tpCheckmarkRedButton

Value Error : cursor hand is not a cursor value : hand

2497 #sourceList input

Value Error : cursor ptr is not a cursor value : ptr

2502 #sourceList label

Value Error : cursor ptr is not a cursor value : ptr

2577 input.addButton

Value Error : cursor hand is not a cursor value : hand

1903

http://jigsaw.w3.org/css-validator/validator

Page 4 of 165

W3C CSS Validator results for TextArea (CSS level 3)

10/10/13 11:02 AM

2598 input.removeButton

Value Error : cursor hand is not a cursor value : hand

2619 input.moveUpButton

Value Error : cursor hand is not a cursor value : hand

2640 input.moveDownButton

Value Error : cursor hand is not a cursor value : hand

2781 *

Parse Error *html div#fas_content .header span.right {
margin: -3px 3px 0 0; }

3022 .l3Bold1

Value Error : padding-right only 0 can be a length. You
must put a unit after your number : 2

3058 *

Parse Error *html img.marketingBlurb { width:187px;
height:234px; border:0px; padding-left:5p; marginright:220px; }

3071 *

Parse Error *html img.quickSearchMarketingBlurb {
width:188px; height:167px; border:0px; padding-left:5p;
margin-right:220px; }

3080 *

Parse Error *html td.lastQSRow { padding-top:7;
padding-left:12px; padding-bottom:10px; }

3105 .qsTabActive, .qsTabInactive

Value Error : cursor hand is not a cursor value : hand

3146 *

Parse Error *html div#quickSearchByRcntSrc a.formfld
{position:relative; top:-3px;}

3220 div#deliveryLinks ul

Property bottom-padding doesn't exist : 2px

3312 ul#topnav li

Value Error : font-size normal is not a font-size value :
normal

3399

ul#topnav li .sub, #subnavdiv
.sub, #header .ddsub

Value Error : left only 0 can be a length. You must put a
unit after your number : -90

3627 li.LeftSelectedTab

Value Error : background-position only 0 can be a length.
You must put a unit after your number : 0 0,50% 23,right
0

3683 #subnavdiv a.disabled

Property visibilty doesn't exist : hidden

3804 .primary

Parse Error color=#000000)

3934 .buttonGetAndFind

Parse Error *margin-right:3px;

3935

Unknown pseudo-element or pseudo-class :bold

3937

Parse Error [ 85% Verdana; } html:not([dummy])
.buttonGetAndFind]

http://jigsaw.w3.org/css-validator/validator

Page 5 of 165

W3C CSS Validator results for TextArea (CSS level 3)

10/10/13 11:02 AM

3946 .buttonShepards

Parse Error *margin-right:3px;

3947

Unknown pseudo-element or pseudo-class :relative

3947 position

Parse Error relative;

3955

Parse Error [:6px; *position:none; *bottom:0px; paddingtop:6px !important; padding-bottom:6px !important;
padding-left:2px; } html:not([dummy]) .buttonShepards]

3970 .buttonLexis

Parse Error *position:none;

3971 *

Parse Error *bottom:0px;

3975

Parse Error [:6px !important; padding-bottom:6px
!important; } html:not([dummy]) .buttonLexis]

4024

html:not([dummy])
.scrollDivTable

Value Error : padding-left only 0 can be a length. You
must put a unit after your number : 10

4161 .alertsHeader

Value Error : border-color cccccc is not a border-color
value : cccccc

4176 div.alertsOuter

Value Error : border-left-color cccccc is not a border-leftcolor value : cccccc

4177 div.alertsOuter

Value Error : border-right-color cccccc is not a borderright-color value : cccccc

4182 div.alertsOuter

Value Error : clear all is not a clear value : all

4185 div.alertsOuter

Value Error : border-top-color b0012d is not a border-topcolor value : b0012d

4195 div.alertsBody

Value Error : border-color cccccc is not a border-color
value : cccccc

4199 div.alertsBody

Value Error : clear all is not a clear value : all

4209 div.alertsBodyGw

Value Error : border-color cccccc is not a border-color
value : cccccc

4250 .alertsLinkInactive

Value Error : color Too many values or values are not
recognized : dark blue

4324 .alertsLeftTabSpacer

Value Error : border-bottom-color cccccc is not a borderbottom-color value : cccccc

4335 .alertsTabSpacer

Value Error : border-bottom-color cccccc is not a borderbottom-color value : cccccc

http://jigsaw.w3.org/css-validator/validator

Page 6 of 165

W3C CSS Validator results for TextArea (CSS level 3)

10/10/13 11:02 AM

4349 .alertsRightTabSpacer

Value Error : border-bottom-color cccccc is not a borderbottom-color value : cccccc

4541 .selectedtabstyle

Property size doesn't exist : 10

5074 *

Parse Error *html input.invSrchFrmAjaxButton,
button.invSrchFrmAjaxButton { width:auto; _width:100px;
}

5088 #mainLayer li:hover

Value Error : text-decoration unerline is not a color value
: unerline

5161 *

Parse Error *html fieldset { padding:5px 0 10px 0; }

5164 *

Parse Error *html div.searchForm fieldset { width:650px; }

5170 *

Parse Error *html div.searchFormNoSpellCheck
fieldset#semantic_restrDate { width:580px; }

5190 *

Parse Error *html div.searchForm { margin-left:3px; }

5193 *

Parse Error *html div.searchFormNoSpellCheck {
margin-left:3px; }

5223 *

Parse Error *html form#boolForm
fieldset#bool_termsEntry, *html form#freeForm
fieldset#free_termsEntry { width:500px; _width:490px; }

5281 *

Parse Error *html form#boolForm
fieldset#boolFormOptions, *html form#freeForm
fieldset#freeFormOptions { left:4px; }

5300 *

Parse Error *html div.searchFormOption { overflow-y:
hidden; overflow-x: hidden; }

5325 *

Parse Error *html div.searchFormOptionActive {
overflow-y: hidden; overflow-x: hidden; position:relative;
left:5px; height:20px; margin-left: -5px; _width:145px; }

5345 *

Parse Error *html input.invSrchFrmButton,
button.invSrchFrmButton { font: 11px
Verdana,Arial,Helvetica,sans-serif; text-decoration:none;
color:#004b91; background:transparent; border:0;
padding:0 2px 0 0; margin:0; width:105px; height:auto;
text-align:left; }

5364 *

Parse Error *html form#sourceSearchForm
fieldset#formOptions{ padding-bottom:0px; }

5459 *

Parse Error *html div#semInputHelp { padding-left:135px;
width:579px; }

http://jigsaw.w3.org/css-validator/validator

Page 7 of 165

W3C CSS Validator results for TextArea (CSS level 3)

10/10/13 11:02 AM

5464

Parse Error [:]

5531 *

Parse Error *html fieldset#bool_tocSearchWithin input,
fieldset#free_tocSearchWithin input { margin: -3px 0px
0px; }

5543 *

Parse Error *html div#bool_tocSelectedNodes
input.khakiButton, *html div#free_tocSelectedNodes
input.khakiButton { float:right; margin-right:90px; }

5620 *

Parse Error *html div#featuredContent.fc_truncDisplay
input#fc_viewAll, *html
div#featuredContent.fc_selectDisplay input#fc_viewAll {
margin-left:5px; }

5750 div#freeHelpPod a

Value Error : font inherit is not a font value : inherit
Verdana,Arial,Helvetica,sans-serif

5755 div#easyHelpPod a

Value Error : font inherit is not a font value : inherit
Verdana,Arial,Helvetica,sans-serif

5759 div#semHelpPod a

Value Error : font inherit is not a font value : inherit
Verdana,Arial,Helvetica,sans-serif

5802 *

Parse Error *html div#formPageErr { width:550px; }

5820 .edit

Parse Error color=#000000)

6006 *

Parse Error *html iframe#disablePage {
position:absolute; filter:alpha(opacity=60); top:
expression((topval=document.body.scrollTop)+'px');
height:
expression((heightval=document.body.clientHeight)+'px');
width:
expression((widthval=document.body.clientWidth)+'px'); }

6011

html > body
iframe#disablePage

Parse Error opacity=60)

6050 *

Parse Error *html body div#bool_searchTerms_fake,
*html body div#free_searchTerms_fake { width:390px;
height:130px; }

6235 .dedupeBottom

Property maring-top doesn't exist : 5px

6302 #transDiv

Parse Error opacity=40)

6513 #transitionDiv

Parse Error = 0)

6572 .tabletBGheader

Value Error : background-image top is not a color value )

http://jigsaw.w3.org/css-validator/validator

Page 8 of 165

W3C CSS Validator results for TextArea (CSS level 3)

10/10/13 11:02 AM

6741 a.tabletOptionTabs

Value Error : background-image top is not a color value )

6766 .fifolabelsel

Property align doesn't exist : left
↑ TOP

The W3C validators rely on community support for
4430
hosting and development.
Donate and help us build better tools for a better web.

Warnings (47)
URI : TextArea

84

Family names containing whitespace should be
quoted. If quoting is omitted, any whitespace
characters before and after the name are ignored and
any sequence of whitespace characters inside the
name is converted to a single space.

88

Family names containing whitespace should be
quoted. If quoting is omitted, any whitespace
characters before and after the name are ignored and
any sequence of whitespace characters inside the
name is converted to a single space.

91

Family names containing whitespace should be
quoted. If quoting is omitted, any whitespace
characters before and after the name are ignored and
any sequence of whitespace characters inside the
name is converted to a single space.

96

Family names containing whitespace should be
quoted. If quoting is omitted, any whitespace
characters before and after the name are ignored and
any sequence of whitespace characters inside the
name is converted to a single space.

216 .tocScrollDiv

Same color for background-color and border-top-color

216 .tocScrollDiv

Same color for background-color and border-rightcolor

216 .tocScrollDiv

Same color for background-color and border-bottomcolor

216 .tocScrollDiv

Same color for background-color and border-left-color

http://jigsaw.w3.org/css-validator/validator

Page 9 of 165

W3C CSS Validator results for TextArea (CSS level 3)

10/10/13 11:02 AM

224 .tocScrollDivNS

Same color for background-color and border-top-color

224 .tocScrollDivNS

Same color for background-color and border-rightcolor

224 .tocScrollDivNS

Same color for background-color and border-bottomcolor

224 .tocScrollDivNS

Same color for background-color and border-left-color

1181 .spellCheckFakeDivIE

Same color for background-color and border-top-color

1181 .spellCheckFakeDivIE

Same color for background-color and border-rightcolor

1181 .spellCheckFakeDivIE

Same color for background-color and border-bottomcolor

1181 .spellCheckFakeDivIE

Same color for background-color and border-left-color

1291 .SS_popmenu

Same color for background-color and color

1719 input.saBtn

Same color for background-color and color

2652 hr.tabEditSectionDivider

Same color for background-color and color

3400 #header .ddsub

Same color for background-color and border-top-color

3400 #header .ddsub

Same color for background-color and border-top-color

3400 #header .ddsub

Same color for background-color and border-top-color

3801 .primary

Same color for background-color and border-top-color

3801 .primary

Same color for background-color and border-rightcolor

3801 .primary

Same color for background-color and border-bottomcolor

3801 .primary

Same color for background-color and border-left-color

5078

Property _width is an unknown vendor extension

5114 .priErr

Same color for background-color and border-top-color

5114 .priErr

Same color for background-color and border-rightcolor

5114 .priErr

Same color for background-color and border-bottomcolor

5114 .priErr

Same color for background-color and border-left-color

http://jigsaw.w3.org/css-validator/validator

NOTE: The report is 165 pages long, but I have only included
the first 10 pages of error messages in this exhibit. CM.

Page 10 of 165

EXHIBIT I

http://www.lexisnexis.com/hottopics/mscode/ - Section 508

10/10/13 11:03 AM

http://www.lexisnexis.com/hottopics/mscode/ - Section 508
Scan completed: 10/10/2013 2:03:22 PM
Group

All issues
7

Section 508
Section 508 guidelines for web applications as described at the US Access Board web
site.
1194.22(a)
A text equivalent for every non-text element shall be provided (e.g., via "alt",
"longdesc", or in element content).
a.1 All IMG elements are required to contain either...
The ALT or LONGDESC attribute is used by user agents to supply information
about an image when images cannot be shown.

Non-decorative IMG element contains empty ALT attribute.
http://www.lexisnexis.com/hottopics/mscode/bann...
Line 40, column 33, IMG element, SRC = "http://www.lexi...ottopics/mscode/images/20x20.gif"
Page does not have IMG elements.
http://www.lexisnexis.com/hottopics/mscode/
http://www.lexisnexis.com/hottopics/mscode/blan...
http://www.lexisnexis.com/hottopics/mscode/layo...
a.2 All APPLET elements are required to contain bot...
APPLET elements provide functionality that is not available to all users. Either
the element content or the ALT attribute are used to describe the purpose of
the applet, depending on the user agent.
No APPLET elements found.
http://www.lexisnexis.com/hottopics/mscode/
http://www.lexisnexis.com/hottopics/mscode/bann...
http://www.lexisnexis.com/hottopics/mscode/blan...
http://www.lexisnexis.com/hottopics/mscode/layo...
a.3 When EMBED elements are used, the NOEMBED eleme...
EMBED elements present functionality not available to all users. The
NOEMBED element can be used to provide a description.
Page does not have EMBED elements.
http://www.lexisnexis.com/hottopics/mscode/
http://www.lexisnexis.com/hottopics/mscode/bann...
http://www.lexisnexis.com/hottopics/mscode/blan...
http://www.lexisnexis.com/hottopics/mscode/layo...
a.4 All OBJECT elements are required to contain ele...
OBJECT elements typically use technologies that are not available to all
users. The element content is used to describe the purpose of the
object/applet.
Page does not have OBJECT elements.
http://www.lexisnexis.com/hottopics/mscode/
http://www.lexisnexis.com/hottopics/mscode/bann...
http://www.lexisnexis.com/hottopics/mscode/blan...
http://www.lexisnexis.com/hottopics/mscode/layo...
1194.22(d)
Documents shall be organized so they are readable without requiring an associated
style sheet.
d.2 Failure of Success Criterion 1.4.3, 1.4.6 and 1...
Users with vision loss or cognitive challenges often require specific
foreground (text) and background color combinations. For instance, many
people with low vision find it much easier to see a Web page that has white
text on a black background, so they may have set their user agent to create
this contrast. If the author specifies that the text must be black, then it may
override the settings of the user agent and render a page that has black text
(specified by the author) on black background (that was set in the user
agent). This principle also works in reverse. If the Webmaster forces the
background to be white, then the white background specified by the author

http://www.cynthiasays.com/report.aspx?id=3007

Page 1 of 7

http://www.lexisnexis.com/hottopics/mscode/ - Section 508

10/10/13 11:03 AM

would be the same color as the white text (which was set in the user agent)
rendering the page unusable to the user. Therefore, if the author specifies a
foreground (text) color then they should also specify a background color
which has sufficient contrast (link) with the foreground and vice versa.
Element specifies background color but not specify foreground (text) color
http://www.lexisnexis.com/hottopics/mscode/bann...
Line 40, column 9, TD element
Line 40, column 33, IMG element, SRC = "http://www.lexi...ottopics/mscode/images/20x20.gif"
http://www.lexisnexis.com/hottopics/mscode/layo...
Line 31, column 1, TABLE element
Line 32, column 3, TR element
Line 33, column 5, TD element
Line 35, column 3, TR element
Line 38, column 3, TR element
Line 39, column 4, TD element
Line 39, column 28, BR element
Line 40, column 303, A element, HREF = "http://www.lexi...com/hottopics/mscode/support.htm"
Line 40, column 359, BR element
Line 40, column 365, BR element
Line 41, column 5, STRONG element
Line 41, column 40, BR element
Line 42, column 44, A element, HREF = "http://www.lexisnexis.com/terms"
Line 42, column 167, A element, HREF = "http://www.lexisnexis.com/terms"
Line 44, column 3, TR element
Line 45, column 5, TD element
Line 48, column 3, TR element
Line 49, column 5, TD element
Line 52, column 1, DIV element
Page contain no elements that specific foreground color but no background color or vice versa
http://www.lexisnexis.com/hottopics/mscode/
http://www.lexisnexis.com/hottopics/mscode/blan...
d.1 Organize documents so they may be read without ...
Organize documents so they may be read without style sheets. For example,
when an HTML document is rendered without associated style sheets, it must
still be possible to read the page.
Page uses an external style sheet. Verify that the page can be read without it.
http://www.lexisnexis.com/hottopics/mscode/bann...
http://www.lexisnexis.com/hottopics/mscode/layo...
Page does not use style sheets.
http://www.lexisnexis.com/hottopics/mscode/
http://www.lexisnexis.com/hottopics/mscode/blan...
d.3 Making the DOM order match the visual order
Elements displayed with absolute positioning may be out of logical DOM order
http://www.lexisnexis.com/hottopics/mscode/layo...
Line 30, column 1, DIV element
Page does not use absolute positioning
http://www.lexisnexis.com/hottopics/mscode/
http://www.lexisnexis.com/hottopics/mscode/bann...
http://www.lexisnexis.com/hottopics/mscode/blan...
1194.22(i)
Frames shall be titled with text that facilitates frame identification and navigation
i.1 All IFRAME elements are required to contain ele...
IFRAME elements provide functionality that is not available to all users. The
element content should describe the purpose of the IFRAME.
IFRAME element does not have element content.
http://www.lexisnexis.com/hottopics/mscode/layo...
Line 24, column 9, IFRAME element, SRC = "http://www.lexi....com/hottopics/mscode/banner.htm"
Line 27, column 43, IFRAME element
Page does not have IFRAME elements.
http://www.lexisnexis.com/hottopics/mscode/
http://www.lexisnexis.com/hottopics/mscode/bann...
http://www.lexisnexis.com/hottopics/mscode/blan...
i.2 All FRAME elements are required to contain the ...
FRAME element does not contain a TITLE attribute.
http://www.lexisnexis.com/hottopics/mscode/
Line 17, column 3, FRAME element, SRC = "http://www.lexi....com/hottopics/mscode/layout.htm"
Line 18, column 3, FRAME element, SRC = "http://www.lexi...s.com/hottopics/mscode/blank.htm"
http://www.lexisnexis.com/hottopics/mscode/layo...
http://www.cynthiasays.com/report.aspx?id=3007

Page 2 of 7

http://www.lexisnexis.com/hottopics/mscode/ - Section 508

10/10/13 11:03 AM

Line 24, column 9, IFRAME element, SRC = "http://www.lexi....com/hottopics/mscode/banner.htm"
Line 27, column 43, IFRAME element
No FRAME elements found in document body.
http://www.lexisnexis.com/hottopics/mscode/bann...
http://www.lexisnexis.com/hottopics/mscode/blan...
i.3 All FRAMESET elements will be checked for the N...
Pages with frames are not available to all users. The NOFRAMES element
should used to provide an alternative.
Outer FRAMESET does not have NOFRAMES.
http://www.lexisnexis.com/hottopics/mscode/
Page does not have FRAMESET elements.
http://www.lexisnexis.com/hottopics/mscode/bann...
http://www.lexisnexis.com/hottopics/mscode/blan...
http://www.lexisnexis.com/hottopics/mscode/layo...
1194.22(c)
Web pages shall be designed so that all information conveyed with color is also
available without color, for example from context or markup.
c.1 Ensure that all information conveyed with color...
This check identifies pages that potentially require color for visual checking.
Page references an external style-sheet. Visual check required.
http://www.lexisnexis.com/hottopics/mscode/bann...
http://www.lexisnexis.com/hottopics/mscode/layo...
Page does not specify color information.
http://www.lexisnexis.com/hottopics/mscode/
http://www.lexisnexis.com/hottopics/mscode/blan...
1194.22(g)
Row and column headers shall be identified for data tables.
g.1 For data tables, identify row and column headers
This check identifies data tables that do not have any TH elements. Data
tables are recognised as having a border attribute greater than 0. Tables with
no border require a visual check, unless they contain input, image or child
table elements, or cells with long text, indicating they are most likely layout
tables.
Possible data table does not use TH element.
http://www.lexisnexis.com/hottopics/mscode/bann...
Line 41, column 34, TABLE element
http://www.lexisnexis.com/hottopics/mscode/layo...
Line 22, column 1, TABLE element
Page contains no tables.
http://www.lexisnexis.com/hottopics/mscode/
http://www.lexisnexis.com/hottopics/mscode/blan...
1194.22(j)
Pages shall be designed to avoid causing the screen to flicker with a frequency
greater than 2 Hz and lower than 55 Hz.
j.2 Until user agents allow users to control blinki...
Page may contain elements that cause blinking.
http://www.lexisnexis.com/hottopics/mscode/
http://www.lexisnexis.com/hottopics/mscode/bann...
http://www.lexisnexis.com/hottopics/mscode/layo...
Page does not contain elements that can cause blinking.
http://www.lexisnexis.com/hottopics/mscode/blan...
j.1 Pages are required not to contain the BLINK ele...
Page does not contain a BLINK element.
http://www.lexisnexis.com/hottopics/mscode/
http://www.lexisnexis.com/hottopics/mscode/bann...
http://www.lexisnexis.com/hottopics/mscode/blan...
http://www.lexisnexis.com/hottopics/mscode/layo...
1194.22(k)
A text-only page, with equivalent information or functionality, shall be provided to
make a web site comply with the provisions of this part, when compliance cannot
be accomplished in any other way. The content of the text-only page shall be
updated whenever the primary page changes.
k.1 Check for a 'Text Only Version' link that provi...

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http://www.lexisnexis.com/hottopics/mscode/ - Section 508

10/10/13 11:03 AM

If a Text Only Equivalent of a page is provided it must be updated every time
the primary content changes. This checkpoint typically gets marked N/A
because there are sufficient techniques for making complex web content
accessible. This checkpoint may need to be customized.
Verify if text only version is necessary for page
http://www.lexisnexis.com/hottopics/mscode/
http://www.lexisnexis.com/hottopics/mscode/bann...
http://www.lexisnexis.com/hottopics/mscode/blan...
http://www.lexisnexis.com/hottopics/mscode/layo...
1194.22(l)
When pages utilize scripting languages to display content, or to create interface
elements, the information provided by the script shall be identified with functional
text that can be read by assistive technology.
l.1 Verify information provided by scripts shall be...
Verify that script is invokable or have textual representation
http://www.lexisnexis.com/hottopics/mscode/
http://www.lexisnexis.com/hottopics/mscode/bann...
http://www.lexisnexis.com/hottopics/mscode/layo...
No scripts used on page
http://www.lexisnexis.com/hottopics/mscode/blan...
1194.22(p)
When a timed response is required, the user shall be alerted and given sufficient
time to indicate more time is required
p.2 Allow users to complete an activity without any...
The objective of this technique is to provide users with all the time they need
to complete an activity. This technique involves providing a specified activity
which does not require timed interaction. Users are allowed as much time as
they need to interact with the activity.
Verify purpose of timeout. Usability test to ensure that user can complete activity without time
limit
http://www.lexisnexis.com/hottopics/mscode/
Line 7, column 1, SCRIPT element, SRC = "http://www.lexi...jslib/jquery/jquery1.2.6.min.js"
http://www.lexisnexis.com/hottopics/mscode/bann...
Line 7, column 1, SCRIPT element, SRC = "http://www.lexisnexis.com/clients/jslib/utils.js"
http://www.lexisnexis.com/hottopics/mscode/layo...
Line 9, column 1, SCRIPT element, SRC = "http://www.lexisnexis.com/clients/jslib/utils.js"
Page does not contain timeouts
http://www.lexisnexis.com/hottopics/mscode/blan...
p.1 Pages are required not to use the META element ...
Until user agents provide the ability to stop the refresh, do not create
periodically auto-refreshing pages.
Page does not contain the META element.
http://www.lexisnexis.com/hottopics/mscode/
http://www.lexisnexis.com/hottopics/mscode/bann...
http://www.lexisnexis.com/hottopics/mscode/blan...
http://www.lexisnexis.com/hottopics/mscode/layo...
1194.22(e)
Redundant text links shall be provided for each active region of a server-side
image map.
e.2 No INPUT element should contain the USEMAP attr...
No INPUT element contains an USEMAP attribute.
http://www.lexisnexis.com/hottopics/mscode/layo...
Page does not contain INPUT elements.
http://www.lexisnexis.com/hottopics/mscode/
http://www.lexisnexis.com/hottopics/mscode/bann...
http://www.lexisnexis.com/hottopics/mscode/blan...
e.1 Locate any IMG element that contains the ISMAP ...
If you must use a server-side image map, provide redundant text links for
each active region. You should use client-side image maps where possible.
Page does not use server-side maps.
http://www.lexisnexis.com/hottopics/mscode/
http://www.lexisnexis.com/hottopics/mscode/bann...
http://www.lexisnexis.com/hottopics/mscode/blan...

http://www.cynthiasays.com/report.aspx?id=3007

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http://www.lexisnexis.com/hottopics/mscode/ - Section 508

10/10/13 11:03 AM

http://www.lexisnexis.com/hottopics/mscode/layo...
1194.22(f)
Client-side image maps shall be provided instead of server-side image maps except
where the regions cannot be defined with an available geometric shape.
f.2 No IMG element should contain the ISMAP attribute
No IMG element contains an ISMAP attribute.
http://www.lexisnexis.com/hottopics/mscode/bann...
Page does not contain IMG elements.
http://www.lexisnexis.com/hottopics/mscode/
http://www.lexisnexis.com/hottopics/mscode/blan...
http://www.lexisnexis.com/hottopics/mscode/layo...
f.3 No INPUT element should contain the ISMAP attri...
No INPUT element contains an ISMAP attribute.
http://www.lexisnexis.com/hottopics/mscode/layo...
Page does not contain INPUT elements.
http://www.lexisnexis.com/hottopics/mscode/
http://www.lexisnexis.com/hottopics/mscode/bann...
http://www.lexisnexis.com/hottopics/mscode/blan...
f.1 All AREA elements are required to have the ALT ...
Client-side image maps present functionality that is not available to all users.
The ALT attribute can be used for AREA elements to provide a text
equivalent.
Page has no AREA elements.
http://www.lexisnexis.com/hottopics/mscode/
http://www.lexisnexis.com/hottopics/mscode/bann...
http://www.lexisnexis.com/hottopics/mscode/blan...
http://www.lexisnexis.com/hottopics/mscode/layo...
1194.22(n)
When electronic forms are designed to be completed on-line, the form shall allow
people using assistive technology to access the information, field elements, and
functionality required for completion and submission of the form, including all
directions and cues.
n.5 Ensure that all LABEL 'FOR' attributes match an...
LABEL element 'FOR' attribute has unique ID's and matches all controls.
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have two or more logical levels of row or column headers.
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on the client system to interpret page content, the page must provide a link to a
plug-in or applet that complies with §1194.21(a) through (l).
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This checkpoint may require customization.
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1194.22(o)
A method shall be provided that permits users to skip repetitive navigation links.
o.1 Pages should contain a bookmark link to skip na...
This checkpoint may require customization.
Page has no links.
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EXHIBIT J

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EXHIBIT K

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Mississippi Code of 1972 Annotated
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ISBN: 9780327096283
1999

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EXHIBIT L

Code of 1972

§

1-1-8

RESEARCH REFERENCES
CJS.
§

C.J.S. Statutes §§ 270-272.

Official code; recognition as evidence of public statute
laws; restrictions on use of certain words or names in title of
codes other than official version.

1-1-8.

The Mississippi Code

amended, modified and
published by the company with which the
Joint Legislative Committee on Compilation, Revision and Publication of
Legislation has contracted under Section l-l-107(a):
(a) Is the official code of the public statute laws of the State of
Mississippi that are enacted by the Legislature; and
(b) Shall be used, received, recognized and referred to as the official
code of the public statute laws of the State of Mississippi, and shall be
considered as evidence of the public statute laws of the State of Mississippi,
in all courts of the State and by all public officers, offices, departments and
agencies of the state and its political subdivisions, and in all other places or
instances where the public statute laws of the State may come into question.
However, if there is any conflict between the language of any statute as it
appears in the Mississippi Code of 1972 Annotated and in the General Laws
of Mississippi, the language in the General Laws shall control; and if there
is any conflict between the language of any statute as it appears in the
General Laws of Mississippi and in the original enrolled bills enacted by the
Legislature, the language in the enrolled bills shall control.
(2) No publisher of a code of the public statute laws of the State of
Mississippi, other than the publishing company with which the Joint Legislative Committee on Compilation, Revision and Publication of Legislation has
contracted under Section l-l-107(a), shall be authorized to use as the name,
title or designation of the code that is published, the words "Mississippi Code
of 1972," "Mississippi Code 1972," "Mississippi Code of 1972 Annotated,"
"Mississippi Code 1972 Annotated," "Annotated Mississippi Code of 1972,"
"Annotated Mississippi Code 1972," or any other combination of words containing "Code of 1972," "Code 1972" or "1972 Code." The joint committee may
seek injunctive relief, or authorize the publisher of the official code to seek
injunctive relief on behalf of the joint committee, against any person or entity
to enforce the provisions of this subsection.
(1)

of 1972 Annotated, as

revised from time to time, that

SOURCES: Laws,
8,

1999, ch. 310,

is

§ 2, eff

from and after passage (approved Mar.

1999)

Cross References

—

Revised manuscript for Mississippi Code of 1972 declared to be
code of the State of Mississippi, see § 1-1-35.
Approval and acceptance of manuscript, see § 1-1-53.
Advance sheets; contract for publication; distribution; provision of information to

official

publisher, see § 1-1-58.
General power and duties of Joint Legislative
and Publication of Legislation, see § 1-1-107.

Committee on Compilation, Revision

1303

Laws and Statutes

§ 1-1-9

Authority of Joint Legislative Committee on Compilation, Revision, and Publication
of Legislation relating to preparation of legislative acts for publication, see § 1-1-109.
Approval by Joint Legislative Committee on Compilation, Revision and Publication of
Legislation of manuscripts of supplements and replacement volumes prepared by
publishing company, see § 1-1-111.

RESEARCH REFERENCES
Law

Reviews. Pre- 1900 Mississippi

Legal Authority, 73 Miss. L.J. 195, Fall,
2003.

§

Copyright; use of code material.

1-1-9.

Copyrights of the Mississippi Code of 1972 and the notes, annotations,
thereof, shall be taken by and in the name of the publishers of the
compilation who shall thereafter promptly assign the same to the State of
Mississippi and be owned by it.
(2) All parts of any act passed by the Mississippi Legislature, or of any
code published or authorized to be published by the Joint Committee on
Compilation, Revision and Publication of Legislation, including, without
limitation, catchlines or frontal analyses; numbers assigned to sections,
articles, chapters and titles; historical citations or source lines; editor's notes;
(1)

and indexes

amendment
decisions

notes; cross references; annotations;

and Attorney General's opinions,

and summaries of judicial
become and remain the

shall

exclusive property of the State of Mississippi, to be used only as the joint

committee

may

direct.

any person or entity uses any part of any act passed by the
Mississippi Legislature, or any part of any code published or authorized to be
published by the joint committee, in any manner other than as authorized by
(3)(a) If

the committee, the person or entity shall be subject to a civil penalty of not
less than One Thousand Dollars ($1,000.00) for each violation, and each day
upon which a violation occurs shall be deemed a separate and additional
violation.
(b) If the joint

committee suspects that any person or entity

is

violating

or has violated this section, the Attorney General shall investigate the

matter upon the request of the joint committee. If the Attorney General
determines, after investigation, that the person or entity is violating or has
violated this section, the Attorney General shall institute an action to impose
a civil penalty against the person or entity, or seek injunctive relief against
the person or entity to prevent further violations of this section, or both, as
requested by the joint committee.
(c) Civil penalties may be recovered in a civil action brought by the
Attorney General in the Chancery Court of the First Judicial District of
Hinds County, Mississippi, or in the chancery court of the county of residence
of the person or entity against whom the penalty is sought. If the person or
entity is a nonresident of the State of Mississippi, the action shall be brought
in the Chancery Court of the First Judicial District of Hinds County,
Mississippi.

1304

Code of 1972
(d) All

civil

§ 1-1-11

penalties recovered shall be deposited into the State

General Fund.

SOURCES: Codes,
1998, ch. 546,

1942,

Laws, 1942, ch. 318; Laws,
from and after July 1, 1998.

§ 8;

§ 2, eff

1996, ch. 502,

§ 8;

Laws,

—

At its meeting on May 20, 1998, the Joint Legislative Committee on
Editor's Note
Compilation, Revision and Publication of Legislation adopted the following statement:
"It is not the intent of Section 1-1-9(2) to prohibit any person from citing or referring
to Code section numbers, articles, chapters or titles, or to require any person to obtain
permission of the joint committee before citing or referring to Code section numbers,
articles, chapters or titles. If there is any concern that Section 1-1-9(2) does require such
advance permission of the committee, the committee hereby authorizes any person to
cite or refer to any Code section number, article, chapter or title at any time after June
30, 1998, without specific permission of the committee being required for such usage."

RESEARCH REFERENCES
CJS. C.J.S. Copyrights and Intellectual
Property §§ 20, 27, 93.
§

1-1-11.
(1)

Distribution of the

Code

Except as provided in subsection

tee on Compilation, Revision

(2)

of 1972.
of this section, the Joint

and Publication of Legislation

Commit-

shall distribute or

provide for the distribution of the sets of the compilation of the Mississippi
Code of 1972 purchased by the state as follows:
Fifty-seven (57) sets to the Mississippi House of Representatives and forty
(40) sets to the Mississippi Senate for the use of the Legislative Reference
Bureau, Legislative Services Offices, staffs and committees thereof.
Ten (10) sets to the Governor's Office; nine (9) sets to the Secretary of
State; and twenty (20) sets to the Auditor's Office.
One (1) set to each of the following: the Lieutenant Governor; each
member of the Legislature; the Treasurer; each district attorney; each county
attorney; each judge of the Court of Appeals and each judge of the Supreme,
circuit, chancery, county, family, justice and municipal courts; each Mississippi
Senator and Mississippi Representative in Congress; State Superintendent of
Education; Director of the Department of Finance and Administration; six (6)
sets to the Performance Evaluation and Expenditure Review (PEER) Committee, three (3) sets to the Director of the Legislative Budget Office; the
Commissioner of Agriculture and Commerce; each Mississippi Transportation
Commissioner; six (6) sets to the Department of Corrections; the Insurance
Commissioner; the Clerk of the Supreme Court; the State Board of Health;
each circuit clerk; each chancery clerk in the State for the use of the chancery
clerk and the board of supervisors; each sheriff in the State for the use of his
office and the county officers; and each county for the county library (and an
additional set shall be given to each circuit clerk, chancery clerk, sheriff and
county library in counties having two (2) judicial districts).
Two (2) sets to the Department of Archives and History; two (2) sets to the
State Soil and Water Conservation Commission; sixty-eight (68) sets to the

1305

Laws and Statutes

§ 1-1-11

Attorney General's

Office; six (6) sets to the Public Service

Commission; four

(4) sets to the Public Utilities Staff; thirty-six (36) sets to the State

Tax

Commission; two (2) sets to the State Personnel Board; six (6) sets to the State
Law Library; one (1) set to the Library of Congress; ten (10) sets to the
University of Mississippi Law School; one (1) set each to the Mississippi School
for the Deaf and the Mississippi School for the Blind; one (1) set each to the
University of Mississippi, Mississippi State University, Mississippi University
Women, University of Southern Mississippi, Delta State University, Alcorn
State University, Jackson State University, Mississippi Valley State Univer-

for

and the Board of Trustees of State Institutions of Higher Learning; and
the Supreme Court judges' conference room. In furtherance of the
State Library's reciprocal program of code exchange with libraries of the
several states, the joint committee shall, at the direction and only upon the
sity,

one

(1) set to

written request of the State Librarian, distribute or provide for the distribution of sets of the code to such libraries.

One

(1) set to

each state junior or community college; three

(3) sets to

the

Department of Wildlife, Fisheries and Parks; two (2) sets to the Department of
Environmental Quality; two (2) sets to the Department of Marine Resources;
two (2) sets to the Mississippi Ethics Commission; six (6) sets to the Mississippi
Workers' Compensation Commission; four (4) sets to the State Department of
Rehabilitation Services; and seven (7) sets to the Department of Human
Services. One (1) set to each of the following: State Textbook Procurement
Commission; University Medical Center; State Library Commission; Department of Agriculture and Commerce; Forestry Commission; and seventeen (17)
sets to the Department of Public Safety. Also, one (1) set to each of the
following: Adjutant General, Department of Economic and Community Development, Department of Banking and Consumer Finance, Bureau of Building,
Grounds and Real Property Management, the State Educational Finance
Commission, the Mississippi Board of Vocational and Technical Education,
Division of Medicaid, State Board of Mental Health, and Department of Youth
Services.

The joint committee is authorized to distribute or provide for the distribution of additional sets of the Mississippi Code, not to exceed three (3) sets, to
the office of each district attorney for the use of his assistants.
The joint committee shall provide to the Mississippi House of Representatives and the Mississippi Senate the annual supplements to the Mississippi
Code of 1972 for each set of the code maintained by the House and Senate.
The set of the Mississippi Code of 1972 to be provided to each member of
the Legislature shall be provided unless specifically waived by such legislator
in writing.

An
a

elected or appointed officeholder in the State of Mississippi, except for

member

of the Legislature, shall deliver to his successor in

committee

office,

or to the

no successor, the set of the Mississippi Code of 1972
provided the officeholder under this section.
Before the joint committee delivers or provides for delivery of a copy of the
Mississippi Code of 1972 to an individual officeholder, the joint committee shall

joint

1306

if

there

is

Code of 1972

§ 1-1-11

prepare and submit a written agreement to the officeholder. The agreement
shall, among other provisions, state that the code is the property of the State
of Mississippi, that it shall be transferred to the officeholder's successor in
office, that the officeholder has an obligation to make such transfer and that
the officeholder shall be responsible for the failure to deliver the code and for
any damage or destruction to the code, normal wear and tear excepted. The
joint committee shall execute the agreement and forward it to the officeholder
for execution. The joint committee shall not deliver or provide for delivery of
the code to the officeholder until the executed agreement is received by the
committee. The joint committee may include in the agreement such other
provisions as it may deem reasonable and necessary. In addition to damages or
any other remedy for not transferring a set of the code to his successor, an
officeholder who does not transfer his set of the code shall be guilty of a
misdemeanor and shall, upon conviction, pay a fine of One Thousand Dollars
($1,000.00). Upon request of the joint committee, the Attorney General shall
assist the joint committee in taking such actions as necessary to require an
officeholder to transfer the set of code provided under this section to his
successor, or to the joint committee if there is no successor, and to recover
reimbursement or damages from any officeholder for the loss of or damage or
destruction to any volumes of the set of the code provided under this section,
other than normal wear and tear.

Replacement of missing, damaged or destroyed sets or volumes of the code
provided by this chapter may be obtained from the code publisher through the
joint committee at the established state cost, the cost to be borne by the
recipient.

No more than one (1) set of the Mississippi Code of 1972 shall be furnished
any one (1) individual, regardless of the office or offices he may hold.
(2) The joint committee, in its discretion, may determine whether electronic access to the Mississippi Code of 1972 is available and a sufficient
substitute for actual bound volumes of the code and, if so, may omit furnishing
any one or more sets otherwise required by this section.
to

SOURCES:

Codes, 1942, § 7; Laws, 1942, ch. 318; Laws, 1944, ch. 314; Laws,
1966, ch. 395, § 1; Laws, 1973, ch. 425, § 1; Laws, 1974, ch. 377; Laws, 1978,
ch. 458, § 4; Laws, 1981, ch. 536, § 1; Laws, 1988, ch. 486, § 1; Laws, 1988, ch.
518, § 14; Laws, 1990, ch. 402, § 1; Laws, 1991, ch. 530, § 6; Laws, 1992, ch.
543, § 11; Laws, 1993, ch. 430, § 8; Laws, 1993, ch. 518, § 8; Laws, 1997, ch.
385, § 1; Laws, 1998, ch. 325, § 1; Laws, 1998, ch. 546, § 3; Laws, 1999, ch.
310, § 1; Laws, 2000, ch. 511, § 1; Laws, 2003, ch. 551, § 1, eff from and after
July 1, 2003.

—

Editor's Note
Section 7-7-2 provides that the words "State Auditor of Public
Accounts," "State Auditor," and "Auditor" appearing in the laws of this state in
connection with the performance of Auditor's functions shall mean the State Fiscal
Officer.

Section 27-104-6 provides that whenever the term "State Fiscal Officer" appears in
it shall mean "Executive Director of the Department of Finance and Adminis-

any law

tration".

1307

§

Laws and Statutes

1-1-12

Section 37-43-2 provides that the State Board of Education shall assume all power,
and functions of the State Textbook Procurement Commission.
Section 37-45-3 provides that the State Educational Finance Commission shall be
abolished and functions and duties transferred to the State Board of Education. Section
37-45-3 further provides that all references in laws of the state to "State Educational
Finance Commission" or "commission", when referring to the Educational Finance
Commission, shall be construed to mean the State Department of Education.
authority, duties

Laws, 1993, ch. 518, § 45, provides as follows:
"Section 32 of this act shall take effect and be in force from and after its passage and
the remainder of this act shall take effect and be in force from and after July 2, 1993,
or the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended
and extended, whichever is later."
The United States Attorney General, by letter dated July 13, 1993, interposed no
objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this
section by Laws, 1993, ch. 518, § 8.
The United States Attorney General, by letter dated August 17, 1995, interposed no
objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this
section by Laws, 1995, ch. 486, § 1.
Section 1 of ch. 325 Laws, 1998, effective from and after July 1, 1998 (approved March
12, 1998), amended this section. Section 3 of ch. 546, Laws, 1998, effective July 1, 1998
(approved April 1, 1998), also amended this section. As set out above, this section
language of Section 3 of ch. 546, Laws, 1998, pursuant to Section 1-3-79
which provides that whenever the same section of law is amended by different bills
during the same legislative session, and the effective dates of the amendments are the
same, the amendment with the latest approval date shall supersede all other amendments to the same section approved on an earlier date.
Amendment Notes The 2003 amendment substituted "three (3) sets" for "two (2)
sets" preceding "to the Director of the Legislative Budget Office" in the fourth paragraph
reflects the

—

of(l).

—

Cross References
Purchase and distribution of pocket part supplements and
replacement bound volumes by Secretary of State, see § 1-1-57.
Imposition of standard state assessment in addition to all court imposed fines or
other penalties for any misdemeanor violation, see § 99-19-73.

§

1-1-12.

Binding and identification of state-owned copies of

Code of
The

1972.

sets of the Mississippi

Code of 1972 purchased by the State

to

be

distributed by the joint committee according to the designation in Section
1-1-11 shall be

bound

in a different color binding

from that used in binding sets

offered for sale to private purchasers. In addition to the distinctive color, the

binding of each volume shall have stamped thereon in a contrasting color the
words "Property of the State of Mississippi." Each of such sets of the Code as
distributed shall be for use of the official in his official business and shall be
returned to the state when the official vacates the office or when the office is
abolished, as provided in Section 1-1-11. However, none of the provisions of this
section shall apply to those sets to be distributed to members of the Legislature.

SOURCES: Codes,

1942, § 7.5; Laws, 1972, ch. 412, § 1; Laws, 1973, ch. 425, § 2;
§ 19, eff from and after July 1, 1998.

Laws, 1998, ch. 546,

1308

Code of 1972

When Code

§ 1-1-13.

The Mississippi Code

§

1-1-17

of 1972 to take effect.

of 1972, except as expressly provided, shall take

on the first day of November, one thousand nine hundred and seventythree, and from that day it shall be received in use, and shall supersede all
prior statutes and clauses therein revised, and hereby repealed.
effect

SOURCES: Codes,
§ 2;

1857, ch.

Laws, 1930,

1,

art. 2; 1871, § 8; 1880, § 2; 1892, § 2;
§ 13.

Laws, 1906,

Laws, 1942,

§ 2;

JUDICIAL DECISIONS
1.

In general.
Former statute making

it

an offense

to

keep, have in possession, sell or give away
intoxicating liquor, and providing for gradation of punishment for repeating offenders, notwithstanding repeal under this
section, must be considered by way of aid
to a proper construction or interpretation
of the revised abridgment which took its
place. Millwood v. State, 190 Miss. 750, 1
So. 2d 582 (1941), aff'd, 6 So. 2d 619 (Miss.
1942).

Words omitted in the publication of the
and which are contained in the copy

code,

on file in the

office of the secretary of state,
control in the construction of the
statute. Nugent v. Mayor of Jackson, 72
Miss. 1040, 18 So. 493 (1895).

must

A purely local act, devised to meet the
needs of a single community, was not
repealed by a similar provision (Code of
1892). Jones v. Melchoir, 71 Miss. 115, 13
So. 857 (1893); Adams v. Dendy, 82 Miss.
135, 33 So. 843 (1903).

RESEARCH REFERENCES

Am
§§

Jur.

CJS.
§

73

Am.

Jur.

Statutes

2d,

252etseq.
C.J.S. Statutes §§ 388, 390.

1-1-15.

Repealed.

Repealed by Laws, 1999,
[Codes, 1857, ch.
§ 9;

Laws

1930, § 9;

Laws

ch. 310, § 3, eff

13; 1871, §

1, art.

1942, §§

from and after March

12; 1880, § 9; 1892, § 9;

9, 20;

Laws, 1942,

8,

Laws

1999.

1906,

ch. 318]

—

Editor's Note
Former § 1-1-15 provided that the Mississippi Code of 1972, when
published pursuant to the contract authorized by § 1-1-1, was evidence of the statute
laws of this State. For present provisions, see § 1-1-8.
§

1-1-17.

Appropriations.

The cost of the recodification of the laws of Mississippi will be provided by
appropriations to implement the purposes of Sections 1-1-1, 1-1-3 and 1-1-5.

SOURCES: Codes,

1942, § 21-04; Laws, 1970, ch. 465,
6, 1970).

§ 4,

eff

from and after

passage (approved April

— Section 1-1-1 referred to in this section was repealed by Laws, 1996,
from and after passage (approved April
1996).
Cross References — For another section derived from same 1942 code section, see

Editor's Note

ch. 502, § 21, eff
§

11,

1-1-7.

1309

§

Laws and Statutes

1-1-19

—

Effect of Code of 1972
Repeal of former statutes
upon laws enacted at same session or before Code takes

1-1-19.

§

effect.

From and after the effective date of the Mississippi Code of 1972, subject
any express provisions relating thereto which may be found in the Mississippi Code of 1972, all acts or parts of acts, all sections or parts of sections of
the Mississippi Code of 1930, and all sections or parts of sections of the
Mississippi Code of 1942, Recompiled, the subjects whereof are revised,
consolidated and re-enacted in the Mississippi Code of 1972, or repugnant to
the provisions contained therein, shall be, and the same are hereby, repealed,
but with respect to statutes brought forward in the Mississippi Code of 1972,
that code shall be deemed to be a continuation and not a new enactment. It is
especially provided, however, that no curative or validation statute, of any
nature or kind whatsoever, shall be affected by the adoption of the Mississippi
Code of 1972, in so far as the curative or validation provisions or portions of
any such statute are concerned.
Notwithstanding the provisions of the first paragraph of this section, no
section or provision of the Mississippi Code of 1972 shall supersede or repeal
by implication any law passed at the same session of the legislature at which
the Mississippi Code of 1972 is adopted, or passed after the adoption of the
Mississippi Code of 1972 but before it shall have taken effect; and an
amendatory law passed at such session or at any subsequent session before the
Mississippi Code of 1972 takes effect shall not be deemed repealed, unless the
to

contrary intent clearly appears.

Any amendment to any section or sections of the Mississippi Code of 1942,
Recompiled, or to any part or parts of acts, the subjects of which are revised,
consolidated and enacted in the Mississippi Code of 1972, passed at the same
session at which the Mississippi Code of 1972 is adopted, or passed after the
adoption of the Mississippi Code of 1972 but before it shall take effect, shall be
deemed to amend the corresponding section or sections of the Mississippi Code
of 1972.

SOURCES: Codes,
§ 3;

1857, ch.

Laws, 1930,

§ 3;

1,

art. 3; 1871, § 9; 1880, § 3; 1892, § 3;
§ 14.

Laws, 1906,

Laws, 1942,

JUDICIAL DECISIONS
1.

In general.

Where

statute, authorizing circuit judge

from
county court, was omitted, because considered unconstitutional, from Code taking effect subsequent to statute, though
statute and Act adopting Code were approved by Governor on same day, statute
held not in force after effective date of
Code. Rackley v. State, 166 Miss. 287, 146

to determine, in vacation, appeals

So.

459 (1933).

1310

Laws

in force at the time of the adoption

Code of 1892, having been revised,
consolidated and re-enacted in that code,
of the

are repealed. State v. Jenkins, 73 Miss,
523, 19 So. 206 (1895); Nugent v. Mayor of
Jackson, 72 Miss. 1040, 18 So. 493 (1895).
Under § 3 Code of 1892, which repeals
the acts and parts of acts, "subjects"
whereof are revised, consolidated and reenacted in said code, the subject matter is
to be determined with reference to the