MISSISSIPPI LEGISLATURE

2003 Regular Session

To: Constitution

By: Representative Chism

House Concurrent Resolution 66

A CONCURRENT RESOLUTION PROPOSING TO AMEND THE MISSISSIPPI CONSTITUTION OF 1890 BY CREATING A NEW SECTION TO PROVIDE THAT THE LEGISLATURE, BY GENERAL LAW, MAY ENACT LEGISLATION ESTABLISHING LIMITS AND RESTRICTIONS ON THE AMOUNT AND TYPES OF DAMAGES THAT MAY BE AWARDED AND MAINTAINED IN CIVIL ACTIONS, THE PLACE WHERE SUCH ACTIONS MAY BE BROUGHT, THE PERSONS WHO MAY BRING AND AGAINST WHOM SUCH ACTIONS MAY BE BROUGHT, AND THE MANNER AND TIME BY WHICH SUCH ACTIONS MAY BE BROUGHT; 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 the Mississippi Constitution of 1890 by creating a new section to read as follows:

     "Section 25A.  The Legislature, by general law, may enact legislation establishing limits and restrictions on the amount and types of damages that may be awarded and maintained in civil actions, the place where such actions may be brought, the persons who may bring and against whom such actions may be brought, and the manner and time by which such actions may be brought.  Such legislation, if enacted, shall not be construed as a violation of or in conflict with any provision of this constitution."

     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 2003, 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 authorizes the Legislature, by general law, to enact legislation establishing limits and restrictions on the amount and types of damages that may be awarded and maintained in civil actions, the place where such actions may be brought, the persons who may bring and against whom such actions may be brought, and the manner and time by which such actions may be brought."