MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Constitution

By: Representative Walker

House Concurrent Resolution 54

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 109, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE THAT IF A PERSON IS EMPLOYED AS A TEACHER BY A UNIVERSITY, COLLEGE OR SCHOOL DISTRICT BEFORE HIS ELECTION TO THE LEGISLATURE, THEN HE MAY CONTINUE SUCH EMPLOYMENT AND SHALL NOT HAVE A CONFLICT OF INTEREST IF HE DOES NOT USE HIS OFFICIAL POSITION TO ENHANCE THE ECONOMIC BENEFITS OF THE CONTRACT OF EMPLOYMENT; 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 109, Mississippi Constitution of 1890, to read as follows:

"Section 109. No public officer or member of the Legislature shall be interested, directly or indirectly, in any contract with the state, or any district, county, city or town thereof, authorized by any law passed or order made by any board of which he may be or may have been a member, during the term for which he shall have been chosen, or within one (1) year after the expiration of such term; however, if before his election to the Legislature, a person is employed as a teacher by a university, college or any school district, then that person may continue such employment and is not in violation of this section if he does not use his official position to increase or enhance his economic benefits from such contract of employment."

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 1999, 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 provides an exception to the conflict of interest prohibition by allowing a person employed as a teacher before his election to the Legislature to continue such employment if that person does not use his official position to increase the economic benefits of such contract of employment."