1997 Regular Session
By: Senator(s) Smith
Senate Concurrent Resolution 525
A RESOLUTION PROPOSING AN AMENDMENT TO THE MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE FOR A CABINET FORM OF GOVERNMENT IN THE EXECUTIVE BRANCH; TO LIMIT THE NUMBER OF DEPARTMENTS; TO PROVIDE THAT THE STATE ATTORNEY GENERAL, TREASURER, AUDITOR AND SECRETARY OF STATE SHALL HEAD A MAJOR DEPARTMENT OF GOVERNMENT; TO PROVIDE THAT OFFICERS NOW HOLDING OFFICE SHALL CONTINUE TO DO SO UNTIL THEIR TERM EXPIRES; TO PROVIDE FOR THE REPEAL OF SECTION 173, MISSISSIPPI CONSTITUTION OF 1890, WHICH CREATES THE OFFICE OF ATTORNEY GENERAL; TO REPEAL SECTION 134 WHICH CREATES THE OFFICES OF TREASURER AND STATE AUDITOR OF PUBLIC ACCOUNTS, AND TO REPEAL SECTION 133 WHICH CREATES THE OFFICE OF THE SECRETARY OF STATE.
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:
The following new section to the Mississippi Constitution of 1890 is proposed as follows:
SECTION __. (1) All executive offices, agencies, boards, commissions and other instrumentalities of the state government and their respective functions, powers and duties shall be allocated among and within not more than fifteen (15) principal departments so as to group them, as far as practicable, according to major functions of the state government.
(2) The heads of the principal departments shall be appointed by the Governor with the advice and consent of the Senate and shall serve at the will and pleasure of the Governor.
(3) The Legislature shall by law prescribe the functions, powers and duties of the principal departments and may, from time to time, allocate offices, agencies, boards, commissions and other instrumentalities among the principal departments; may increase, modify, diminish or change their functions, powers and duties, and may assign new functions, powers and duties.
(4) The Attorney General, Auditor of Public Accounts, Secretary of State and the Treasurer shall each head a principal department as provided by law.
(5) The officers now in the offices of the Attorney General, Auditor of Public Accounts, Secretary of State and Treasurer shall be entitled to hold their respective offices until the expiration of the term for which they were respectively elected or appointed.
To repeal Section 133, Mississippi Constitution of 1890, which reads as follows:
Section 133. There shall be a Secretary of State, who shall be elected as herein provided. He shall be at least twenty-five (25) years of age, a citizen of the state five (5) years next preceding the day of his election, and he shall continue in office during the term of four (4) years, and shall be keeper of the Capitol; he shall keep a correct register of all official acts and proceedings of the Governor; and shall, when required, lay the same, and all papers, minutes and vouchers relative thereto, before the Legislature, and he shall perform such other duties as may be required of him by law. He shall receive such compensation as shall be prescribed.
To repeal Section 134, Mississippi Constitution of 1890, which reads as follows:
Section 134. A State Treasurer and an Auditor of Public Accounts shall be elected as herein provided, who shall hold their office for the term of four (4) years, and shall possess the same qualifications as required for the Secretary of State. They shall receive such compensation as may be provided by law.
To repeal Section 173, Mississippi Constitution of 1890, which reads as follows:
Section 173. There shall be an Attorney General elected at the same time and in the same manner as the Governor is elected, whose term of office shall be four (4) years and whose compensation shall be fixed by law. The qualifications for the Attorney General shall be the same as herein prescribed for judges of the circuit and chancery courts.
BE IT FURTHER RESOLVED, That the amendments in this resolution shall be submitted to the qualified electors as one (1) amendment since the proposed amendments pertain to one (1) subject, at an election to be held on the first Tuesday after the first Monday of November 1998, as provided by Section 273 of the Constitution and by law.
BE IT FURTHER RESOLVED, That the explanation of the amendment for the ballot shall read as follows: "This amendment provides for a cabinet form of government in the executive branch not to exceed 15 major departments. The Governor appoints the heads of the departments subject to Senate confirmation. The Attorney General, Auditor of Public Accounts, Secretary of State and Treasurer shall each head a major department. The Constitution sections creating the offices of Attorney General, Auditor of Public Accounts, Secretary of State and Treasurer are repealed but the present office holders hold office until their term expires."
BE IT FURTHER RESOLVED, That the Attorney General of the State of Mississippi is hereby directed to submit this resolution, immediately upon adoption by the Legislature of the State of Mississippi, 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.