MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Constitution

By: Representative Fleming

House Concurrent Resolution 6

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 213-A, MISSISSIPPI CONSTITUTION OF 1890, TO ABOLISH THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING; TO PROVIDE THAT THE LEGISLATURE, BY GENERAL LAW, SHALL ESTABLISH A SEPARATE BOARD OF TRUSTEES FOR EACH STATE INSTITUTION OF HIGHER LEARNING AND SHALL PRESCRIBE THE MANNER OF CHOOSING THE MEMBERS THEREOF, THE QUALIFICATIONS AND TERMS OF OFFICE OF MEMBERS, AND THE POWERS AND DUTIES OF SUCH BOARDS OF TRUSTEES; TO PROVIDE THAT THE AMENDMENT PROPOSED TO SECTION 213-A, MISSISSIPPI CONSTITUTION OF 1890, BY HOUSE CONCURRENT RESOLUTION NO. ____, 2004 REGULAR SESSION, SHALL SUPERCEDE AND SHALL BE IN SUBSTITUTION FOR AND IN LIEU OF THE AMENDMENT PROPOSED TO SECTION 213-A BY SENATE CONCURRENT RESOLUTION NO. 522, 2002 REGULAR 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 213-A, Mississippi Constitution of 1890, to read as follows:

     "Section 213-A.  The state institutions of higher learning * * * in Mississippi, to wit:  University of Mississippi, Mississippi State University of Agriculture and Applied Science, Mississippi University for Women, University of Southern Mississippi, Delta State University, Alcorn State University, Jackson State University, Mississippi Valley State University, and any others * * * which may be * * * organized or established by the State of Mississippi, shall be under the management and control of a separate board of trustees for each of such institutions, the members thereof to be chosen in such manner, meet such qualifications, serve for such terms and exercise such powers and duties as the Legislature, by general law, prescribes.  However, the Board of Trustees of State Institutions of Higher Learning and the members of the board of trustees as constituted at the time this amendment is inserted in the Constitution as a part thereof shall continue to exist and the members shall continue to hold office until separate boards of trustees for each of the institutions of higher learning are established by general law. 

     The Legislature shall provide by law for the appointment of a trustee for the La Bauve Fund at the University of Mississippi and for the perpetuation of such fund.

 * * * 

     Nothing herein contained shall in any way limit or take away the power the Legislature had and possessed, if any, at the time of the adoption of this amendment, to consolidate, abolish or change the status of any of the above named institutions."

     BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows:  "This proposed constitutional amendment abolishes the Board of Trustees of State Institutions of Higher Learning and provides that the Legislature, by general law, shall establish a separate board of trustees for each state institution of higher learning."

     BE IT FURTHER RESOLVED, That House Concurrent Resolution No. ____, 2004 Regular Session, supersedes Senate Concurrent Resolution No. 522, 2002 Regular Session (Chapter 703, Laws of 2002).

     BE IT FURTHER RESOLVED, That the Secretary of State shall give public notice of an election to be conducted and held on the first Tuesday after the first Monday of November 2004, in the manner provided by law for statewide general elections, for the purpose of submitting the amendment to Section 213-A, Mississippi Constitution of 1890, as proposed by House Concurrent Resolution No. ____, 2004 Regular Session, in substitution for and in lieu of the amendment to Section 213-A, Mississippi Constitution of 1890, as proposed by Senate Concurrent Resolution No. 522, 2002 Regular Session, and for the purpose of submitting any other proposed amendments to the Constitution to the qualified electors of this state for ratification or rejection.