House Concurrent Resolution 35

A CONCURRENT RESOLUTION PROPOSING TO AMEND THE MISSISSIPPI CONSTITUTION OF 1890 BY CREATING A NEW SECTION 64A TO PROVIDE THAT THE LEGISLATURE SHALL NOT APPROPRIATE FROM THE STATE GENERAL FUND FOR ANY FISCAL YEAR MORE THAN NINETY-EIGHT PERCENT OF THE GENERAL FUND REVENUE ESTIMATE FOR THAT YEAR, PLUS ANY UNENCUMBERED GENERAL FUND BALANCES THAT WILL BE AVAILABLE AT THE CLOSE OF THE THEN CURRENT FISCAL YEAR; TO DIRECT THE LEGISLATURE TO SPECIFY BY GENERAL LAW THE OFFICER, AGENCY OR ENTITY THAT WILL DETERMINE THE GENERAL FUND REVENUE ESTIMATE; 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 64A to read as follows:

"Section 64A. The total sum appropriated by the Legislature from the State General Fund for any fiscal year shall not exceed ninety-eight percent (98%) of the general fund revenue estimate for that fiscal year, plus any unencumbered balances in general funds that will be available and on hand at the close of the then current fiscal year. The Legislature by general law shall specify the officer, agency or entity that will determine the general fund revenue estimate."

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 provides that the Legislature shall not appropriate from the State General Fund for any fiscal year more than ninety-eight percent of the general fund revenue estimate for that year, plus any unencumbered general fund balances that will be available at the close of the then current fiscal year, and directs the Legislature to specify by general law the officer, agency or entity that will determine the general fund revenue estimate."