House Concurrent Resolution 53

A CONCURRENT RESOLUTION PROPOSING TO AMEND THE MISSISSIPPI CONSTITUTION OF 1890 BY CREATING A NEW SECTION AND AMENDING SECTIONS 135 AND 170 TO REQUIRE THE LEGISLATURE TO ENACT LEGISLATION PROVIDING FOR THE MERGER OR CONSOLIDATION OF COUNTIES WITH INCORPORATED MUNICIPALITIES LOCATED THEREIN; AND FOR RELATED PURPOSES.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following proposed amendments to the Mississippi Constitution of 1890 are proposed to the qualified electors of the state:

Amend the Mississippi Constitution of 1890 by creating a new section to read as follows:

"Section ___. The Legislature shall enact such legislation as may be necessary to provide for the merger or consolidation, in whole or in part, of any county in this state with incorporated municipalities located within the county. The legislation shall prescribe the powers and duties, including powers and duties relating to taxation and finance, that may be exercised under the consolidated government, and the number, qualifications and manner of selecting the governing authorities and other public officials of the consolidated government. The legislation also shall prescribe the manner and procedure by which the qualified electors of the county and the qualified electors of the municipality or municipalities in the county for which merger or consolidation with the countyis proposed, separately may elect to approve or disapprove the merger or consolidation. The legislation shall require that in order for any merger or consolidationto be authorized, two (2) separate elections must be held in which a majority of those voting in each election approves the proposed merger or consolidation, with one (1) of the elections to be held for participation in by the electors residing within the territory of the county located outside the corporate limits of the municipality or municipalities for which consolidation with the county is proposed, and with the other election to be held for participation in by the electors residing within the corporate limits of the municipality or municipalities for which consolidation with the county is proposed."

II.

Amend Section 135, Mississippi Constitution of 1890, to read as follows:

"Section 135. Effective January 1, 1964, there shall be a sheriff, coroner, assessor, tax collector and surveyor for each county to be selected as elsewhere provided herein, who shall hold their office for four (4) years and who shall be eligible to immediately succeed themselves in office, provided, however, if the offices of sheriff and tax collector are combined the holder thereof shall not be eligible to immediately succeed himself in office. The Legislature may combine any one or more of said offices in any county or counties and shall fix their compensation. The duties heretofore imposed on the county treasurer shall be discharged by some person or persons selected as required by law.

Any county that has consolidated its government with the municipalities of the county in accordance with legislation enacted pursuant to the authority granted by this Constitution shall not be required to maintain the various offices for the county as provided in this section but shall establish such offices for the consolidated government and require the officeholders thereof to meet such qualifications, exercise such powers and duties and receive such compensation as provided for in the legislation authorizing the consolidated government."

III.

Amend Section 170, Mississippi Constitution of 1890, to read as follows:

"Section 170. Each county shall be divided into five (5) districts, a resident freeholder of each district shall be selected, in the manner prescribed by law, and the five (5) so chosen shall constitute the board of supervisors of the county, a majority of whom may transact business. The board of supervisors shall have full jurisdiction over roads, ferries, and bridges, to be exercised in accordance with such regulations as the Legislature may prescribe, and perform such other duties as may be required by law; provided, however, that the Legislature may have the power to designate certain highways as "state highways," and place such highways under the control and supervision of the State Highway Commission, for construction and maintenance. The clerk of the chancery court shall be the clerk of the board of supervisors.

Any county which has consolidated its government with the municipalities of the county in accordance with legislation enacted pursuant to the authority granted by this Constitution shall not be required to be divided into districts for the election of supervisors as provided in this section but shall establish such offices for the consolidated government and require the officeholders thereof to meet such qualifications and exercise such powers and duties as provided for in the legislation authorizing the consolidated government."

BE IT FURTHER RESOLVED, That these proposed amendments 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 2002, as provided by Section 273 of the Constitution and by general law, with the amendments in this resolution being voted on as one (1) amendments since the proposed amendments pertain to one (1) subject.

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment requires the Legislature to enact laws that will authorize the merger or consolidation of counties with incorporated municipalities in the county. The Legislature is also required to prescribe the manner in which voters in the county may elect to approve or disapprove any such consolidation, what offices shall be created for a consolidated government and the powers and duties of the consolidated government."

BE IT FURTHER RESOLVED, That the Attorney General of the State of Mississippi shall submit this resolution, immediately upon adoption by the Legislature, to the Attorney General of the United States or to the United States District Court for the District of Columbia, in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.