MISSISSIPPI LEGISLATURE

2003 Regular Session

To: Rules

By: Representative Nicholson, Chism

House Resolution 7

A RESOLUTION TO AMEND RULE 1 AND RULE 10A OF THE HOUSE RULES TO ESTABLISH TERM LIMITATIONS FOR THE OFFICES OF SPEAKER AND SPEAKER PRO TEMPORE OF THE HOUSE.

     BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, That Rule 1 of the 2000-2004 Rules of the House is amended as follows:

     1.  (1)  The Speaker, when elected, shall hold office for a term of four (4) years, or until the next regular session of the Legislature following an election for Governor and members of the Legislature, and shall take the chair on every legislative day precisely at the hour to which the House shall have adjourned at the last sitting, immediately call the members to order, cause the roll to be called finally (late members may file explanations as late but present) and, on the appearance of a quorum, cause the journal of the proceedings of the last day's sitting to be read, having previously examined and approved the same.

     (2)  No person shall be elected to the Office of Speaker of the House to serve for more than two (2) terms, and no person (a) who has held the Office of Speaker or has acted as Speaker for more than six (6) months of a term to which another person was elected, or (b) who has been elected to the Office of Speaker for the remainder of a term for which another person was first elected, shall be elected to the Office of Speaker to serve for more than one (1) additional full term.  The provisions of this subsection shall not apply to any person elected to serve as Speaker before December 31, 2002.

     BE IT FURTHER RESOLVED, That Rule 10A of the 2000-2004 Rules of the House is amended as follows:

     10A.  (1)  There is hereby created in the House of Representatives the Office of Speaker Pro Tempore of the Mississippi House of Representatives (hereinafter Speaker Pro Tempore).

     (2)  The Speaker Pro Tempore shall be elected on the same day and in the same manner and method as may be designated for the election of the Speaker of the House of Representatives.

     (3)  (a)  The Speaker Pro Tempore shall serve a term of four (4) years, which term as Speaker Pro Tempore shall expire concurrently with the term being served by the Speaker Pro Tempore as a member of the House of Representatives.

          (b)  No person shall be elected to the Office of Speaker Pro Tempore to serve for more than two (2) terms, and no person (a) who has held the Office of Speaker Pro Tempore or has acted as Speaker Pro Tempore for more than six (6) months of a term to which another person was elected, or (b) has been elected to the Office of Speaker Pro Tempore for the remainder of a term for which another person was first elected, shall be elected to the Office of Speaker Pro Tempore to serve for more than one (1) additional full term.  The provisions of this subsection shall not apply to any person elected to serve as Speaker Pro Tempore before December 31, 2002.

     (4)  Any vacancy in the Office of Speaker Pro Tempore occurring during a regular or special legislative session shall be filled by election of the House of Representatives within five (5) calendar days after the vacancy occurs.  Any vacancy occurring during an interim between legislative sessions shall be filled within the first five (5) calendar days of the next succeeding regular or special session.  The person so elected shall serve only the remainder of the unexpired term.

     (5)  The Speaker Pro Tempore shall have the following powers, duties and responsibilities:

          (a)  To serve as Speaker of the House of Representatives during the absence, illness or disability of the Speaker, thereby assuming all powers, duties, responsibilities and privileges conferred upon the Speaker by the Constitution, statute, law or rule;

          (b)  To become Speaker of the House of Representatives in the event of the death of the Speaker, thereby assuming all powers, duties, responsibilities and privileges conferred upon the Speaker by the Constitution, statute, law or rule.  However, if the Speaker Pro Tempore becomes the Speaker of the House, a new Speaker Pro Tempore shall be elected;

          (c)  To preside over the House of Representatives when the Speaker is not presiding and to preside over the House when sitting as the Committee of the Whole unless the Speaker Pro Tempore moved that the House go into the Committee of the Whole;

          (d)  To serve as the Chairman of the House Management Committee, having full powers of discussion, participation and voting;

          (e)  To serve as an ex officio member of the Rules Committee, having full powers of discussion, participation and voting;

          (f)  To consult with the Speaker in resolving points of order or other parliamentary matters; and

          (g)  Such other powers, duties and responsibilities as may be conferred upon the Speaker Pro Tempore by law or legislative rule.