House Concurrent Resolution 42

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO THE MISSISSIPPI CONSTITUTION OF 1890, TO REQUIRE THE LEGISLATURE TO ENACT GENERAL LAW AND TO PERMIT THE LEGISLATURE TO ENACT LOCAL AND PRIVATE LAW PRESCRIBING THE MANNER AND PROCEDURE BY WHICH COUNTIES AND CITIES MAY MERGE AND CONSOLIDATE TO FORM A METROPOLITAN GOVERNMENT; 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 by creating a new section to read as follows:

"Section ___. The Legislature, by general law applicable to all counties and municipalities, shall enact legislation, and, by local and private law, may enact legislation from time to time, authorizing and prescribing the manner and procedure by which an incorporated municipality may merge and consolidate with one or more other incorporated municipalities located within the same county, or may merge and consolidate with the county, or may merge and consolidate both with the county and with one or more other incorporated municipalities located within the same county to form a metropolitan government. Such legislation shall prescribe the powers and duties that may be exercised by a metropolitan government and its governing authorities, including, but not limited to, powers and duties relating to taxation and finance, and shall prescribe the number, qualifications and manner of selecting the governing authorities and other public officials of the metropolitan government. Any legislation authorizing the establishment of a metropolitan government may require that the various county offices and county officials as elsewhere provided for in this Constitution be maintained and continue to exist or may provide for the abolishment of such offices and officials and the establishment of different offices and officials for the metropolitan government."

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 requires the Legislature to enact general law and permits the Legislature to enact local and private law prescribing the manner and procedure by which counties and cities may merge and consolidate to form a metropolitan 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.