2004 Regular Session
To: Judiciary, Division A; Constitution
By: Senator(s) Hewes, Brown, King, Kirby, Moffatt, Nunnelee, Michel, Gollott
A CONCURRENT RESOLUTION PROPOSING TO AMEND THE MISSISSIPPI CONSTITUTION OF 1890 BY CREATING A NEW SECTION TO AUTHORIZE THE LEGISLATURE TO DETERMINE LIMITATIONS ON ALL DAMAGES OTHER THAN ECONOMIC DAMAGES IN CIVIL LAWSUITS; 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 to create a new Section ____ to read as follows:
Section . Notwithstanding any other provision of this Constitution, the Legislature by statute may determine the limit of liability for all damages and losses, however characterized, other than economic damages, in any civil claim or cause of action. This section applies without regard to whether the claim or cause of action arises under or is derived from common law, a statute, or other law, including any claim or cause of action based or sounding in tort, contract, or any other theory or any combination of theories of liability. This section applies to laws enacted during the 2002 Third Extraordinary Session and during any subsequent regular or special sessions of the Legislature.
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 2004, 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 to determine the limit of liability for all damages other than economic damages in civil lawsuits."