MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Constitution

By: Representatives Guice, Brown, Cummings, Davis, Endt, Evans, Janus, King, McInnis, Miller, Simpson, Smith (39th), Weathersby, Miles

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 109, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE THAT A PUBLIC OFFICER OR MEMBER OF THE LEGISLATURE IS NOT IN VIOLATION OF THE PROHIBITION AGAINST HAVING AN INTEREST IN A CONTRACT AUTHORIZED BY THE BOARD OR BODY OF WHICH HE IS A MEMBER IF THE CONTRACT IS A CONTRACT OF EMPLOYMENT WITH THE SPOUSE OF THE OFFICER OR LEGISLATOR AND SUCH OFFICER OR LEGISLATOR DOES NOT USE HIS PUBLIC OFFICE TO INFLUENCE THE DECISION OF THE BOARD OR BODY OF WHICH HE IS A MEMBER TO EMPLOY THE SPOUSE OR TO OBTAIN ANY BENEFITS OR OTHER ADVANTAGES FOR HIMSELF OR HIS SPOUSE; 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 109, Mississippi Constitution of 1890, to read as follows:

"Section 109. (1) No public officer or member of the Legislature shall be interested, directly or indirectly, in any contract with the state, or any district, county, city, or town thereof, authorized by any law passed or order made by any board of which he may be or may have been a member, during the term for which he shall have been chosen, or within one (1) year after the expiration of such term.

(2) A public officer or member of the Legislature does not have a direct or indirect interest in any contract of employment of his spouse, and is not in violation of subsection (1) of this section, unless such officer or Legislator uses his public office to influence the decision of the board or body of which he is a member to employ the spouse or to obtain any benefits or other advantages for himself or his spouse."

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 1999, 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 provides that a public officer or member of the Legislature does not violate the prohibition against having an interest in a contract authorized by the board or body of which he is a member if the contract is a contract of employment with his spouse and he does not use his public office to influence the board or body to employ the spouse or to obtain any benefits for himself or his spouse."