2005 Regular Session
To: Constitution; Appropriations
By: Representative Guice
A CONCURRENT RESOLUTION PROPOSING TO AMEND THE MISSISSIPPI CONSTITUTION OF 1890 BY CREATING A NEW SECTION 101A TO PROHIBIT THE LEGISLATURE FROM ENACTING ANY LAW THAT PROVIDES FOR THE TRANSFER OF MONIES FROM RESERVED SPECIAL FUNDS TO THE STATE GENERAL FUND OR TO ANY OTHER FUND IN THE TREASURY FROM WHICH THE LEGISLATURE MAKES APPROPRIATIONS TO FUND THE GENERAL OPERATIONS AND PURPOSES OF STATE GOVERNMENT; TO DEFINE "RESERVED SPECIAL FUND" AS A SPECIAL FUND COMPOSED OF MONIES DERIVED FROM PAYMENTS MADE BY MEMBERS OF PROFESSIONS, OCCUPATIONS, BUSINESSES, INDUSTRIES, ORGANIZATIONS, ASSOCIATIONS, GOVERNMENTAL UNITS OR OTHER ENTITIES, WHICH MONIES ARE TO BE USED TO FUND REGULATORY ACTIVITIES REGARDING THOSE MEMBERS OR ENTITIES, OR TO PROVIDE SERVICES OR BENEFITS TO THOSE MEMBERS OR ENTITIES; 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 101A to read as follows:
"Section 101A. (1) For the purposes of this section, the term "reserved special fund" means a special fund or account in the State Treasury that is composed of monies derived from fees, taxes, assessments, fines or other funds paid by members of a profession, occupation, business, industry, organization, association, governmental unit or other entity, which monies are reserved by law to be used to fund regulatory activities regarding those members or entities, or to provide services or benefits to those members or entities.
(2) The Legislature shall not enact any law that provides for the transfer of monies from any reserved special fund to the State General Fund or to any other fund or account in the State Treasury from which the Legislature makes appropriations to fund the general operations and purposes of state government.
(3) This section does not prohibit the enactment or existence of laws that authorize temporary transfers or loans of monies in reserved special funds to the State General Fund for the purpose of offsetting temporary cash flow deficiencies in the General Fund or maintaining a sufficient working balance in the General Fund, if the law provides that (a) the transfers or loans may be made only from those reserved special funds that have cash balances in excess of their immediate needs, and (b) the monies transferred or loaned from the reserved special funds must be repaid in full before the end of the fiscal year in which the transfer or loan is made."
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 2006, 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 prohibits the Legislature from enacting laws that provide for monies to be transferred from reserved special funds to the State General Fund to fund the general operations of state government; and defines "reserved special fund" as a fund composed of monies from members of professions, businesses, organizations or other entities, which monies are to be used to fund regulatory activities regarding, or provide services or benefits to, those members or entities."