House Concurrent Resolution 21

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 109, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE THAT A PUBLIC OFFICER OR MEMBER OF THE LEGISLATURE SHALL NOT BE CONSTRUED AS HAVING AN INTEREST IN A CONTRACT IN VIOLATION OF THIS SECTION OF THE CONSTITUTION IF NO PART OF THE FUNDS FOR THE CONTRACT WERE APPROPRIATED OR AUTHORIZED BY THE BOARD OR BODY OF WHICH THE OFFICER OR LEGISLATOR IS OR WAS A MEMBER; 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 shall not be construed as having an interest in a contract in violation of this section if no part of the funds for the contract were appropriated or authorized by the board or body of which the officer or legislator is or was a member."

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 2003, 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 shall not be construed as having an interest in a contract in violation of the conflicts of interest section of the Constitution if no part of the funds for the contract were appropriated or authorized by the board or body of which the officer or legislator is or was a member."