MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Constitution

By: Representative Perkins

House Concurrent Resolution 1

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 121, MISSISSIPPI CONSTITUTION OF 1890, TO REQUIRE A PROCLAMATION WHICH CALLS THE LEGISLATURE INTO EXTRAORDINARY SESSION TO BE ISSUED AT LEAST FIVE CALENDAR DAYS BEFORE THE CONVENING OF THE LEGISLATURE IN EXTRAORDINARY SESSION; AND FOR RELATED PURPOSES.

     BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:

     Amend Section 121, Mississippi Constitution of 1890, to read as follows:

     "Section 121.  The Governor shall have power to convene the Legislature in extraordinary session whenever, in his judgment, the public interest requires it.  Should the Governor deem it necessary to convene the Legislature he shall do so by public proclamation issued at least five (5) calendar days before convening the Legislature in extraordinary session, in which he shall state the subjects and matters to be considered by the Legislature, when so convened; and the Legislature, when so convened as aforesaid, shall have no power to consider or act upon subjects or matters other than those designated in the proclamation of the Governor by which the session is called, except impeachments and examination into the accounts of state officers.  The Legislature, when so convened, may also act on and consider such other matters as the Governor may in writing submit to them while in session.  The Governor may convene the Legislature at the seat of government, or at a different place if that shall become dangerous from an enemy or from disease; and in case of a disagreement between the two houses with respect to time of adjournment, adjourn them to such time as he shall think proper, not beyond the day of the next stated meeting of the Legislature."

     BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2010, as provided by Section 273 of the Constitution and by general law.

     BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows:  "This proposed constitutional amendment requires that a proclamation issued by the Governor which calls the Legislature into extraordinary session must be issued at least five calendar days before the convening of the session."

     BE IT FURTHER RESOLVED, That the Attorney General of the State of Mississippi shall submit this resolution, immediately upon adoption by the Legislature, to the Attorney General of the United States or to the United States District Court for the District of Columbia, in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.