MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Constitution

By: Representative Snowden

House Concurrent Resolution 9

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 201 OF THE MISSISSIPPI CONSTITUTION OF 1890, OFFERED BY THE MISSISSIPPI LEGISLATURE AS AN ALTERNATIVE TO INITIATIVE MEASURE NO. 42, TO REQUIRE THE LEGISLATURE TO PROVIDE, BY GENERAL LAW, FOR THE ESTABLISHMENT, MAINTENANCE AND SUPPORT OF AN EFFECTIVE SYSTEM OF FREE PUBLIC SCHOOLS; AND FOR RELATED PURPOSES.

     WHEREAS, under Section 273 of the Mississippi Constitution of 1890, the people have the power to propose and enact constitutional amendments by initiative, and the procedure for doing so is set forth in Chapter 17, Title 23, Mississippi Code of 1972.

     WHEREAS, following those provisions, the people have proposed Initiative Measure No. 42, which has a subject matter stated to be "public schools funding," and this initiative measure will be presented to the qualified electors at the November 2015 election.

     WHEREAS, when an initiative measure is proposed under this procedure, the Legislature may submit an alternative measure for the original initiative measure, which must be presented to the qualified electors at the same election at which the original measure is proposed, and under Section 23-17-29, Mississippi Code of 1972, such a constitutional initiative may be adopted or amended by a majority vote of each house of the Legislature.

     NOW, THEREFORE, 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 at the November 2015 election, as an alternative to the amendment proposed by Initiative Measure No. 42:

     Amend Section 201, Mississippi Constitution of 1890, to read as follows:

     "Section 201.  The Legislature shall, by general law, provide for the establishment, maintenance and support of an effective system of free public schools * * * upon such conditions and limitations as the Legislature may prescribe."

     BE IT FURTHER RESOLVED, That the amendment proposed in this resolution as a legislative alternative to Initiative Measure No. 42 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 2015, in the manner prescribed by Section 273 of the Constitution and by Chapter 17, Title 23, Mississippi Code of 1972.

     BE IT FURTHER RESOLVED, That the ballot title for this amendment is proposed to read as follows:  "Shall the Legislature be required to provide for the establishment and support of an effective system of free public schools?"

     BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows:  "This constitutional amendment is proposed as a legislative alternative measure to Initiative Measure No. 42 and would require the Legislature to provide, by general law, for the establishment, maintenance and support of an effective system of free public schools."