House Concurrent Resolution 44

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 121, MISSISSIPPI CONSTITUTION OF 1890, TO RESTRICT THE POWER OF THE GOVERNOR IN CALLING AN EXTRAORDINARY SESSION TO AN EXISTING OR IMPENDING EMERGENCY OR CONDITION THAT, IN HIS OPINION, HAS CAUSED OR POSES AN IMMEDIATE AND SUBSTANTIAL THREAT OF HARM OR INJURY TO THE PUBLIC HEALTH, SAFETY OR WELFARE;TO REQUIRE THE GOVERNOR TO ISSUE HIS PROCLAMATION CALLING FOR AN EXTRAORDINARY SESSION AT LEAST TEN DAYS BEFORE THE DATE SCHEDULED FOR CONVENING THE EXTRAORDINARY SESSION; TO AUTHORIZE THE LEGISLATURE WHEN SO CONVENED, UPON ADOPTION OF A RESOLUTION BY TWO-THIRDS OF THE MEMBERSHIP OF EACH HOUSE, TO CONSIDER OTHER MATTERS OF AN EMERGENCY NATURE NOT INCLUDED WITHIN THE GOVERNOR'S CALL; 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 121, Mississippi Constitution of 1890, to read as follows:

"Section 121. The Governor shall have power to convene the Legislature in extraordinary session whenever, in his judgment, there is an existing or impending emergency endangering lives or property in this state including, but not limited to, conditions resulting from a man-made, natural or technological disaster, financial crisis or other condition that has caused or poses an immediate and substantial threat of harm or injury to the public health, safety or welfare. Should the Governor deem it necessary to convene the Legislature he shall do so by public proclamation issued not less than ten (10) days before the date set for convening, in which he shall state the subjects and matters to be considered by the Legislature when so convened and an explanation of the specific emergency that justifies the calling of the extraordinary session and why the subjects and matters proposed for consideration cannot await consideration at the next regular session of the Legislature. The Legislature, when so convened as aforesaid, shall have * * * power to consider and act only upon subjects or matters * * * designated in the proclamation of the Governor by which the session is called, * * * impeachments and examination into the accounts of state officers and such other matters that the Legislature, by resolution adopted by not less than two-thirds (2/3) of the membership of each house, find to be necessary or advisable to address an existing or impending emergency endangering lives or property in this state including, but not limited to, conditions resulting from a man-made, natural or technological disaster, financial crisis or other condition that has caused or poses an immediate and substantial threat of harm or injury to the public health, safety or welfare. * * * The Governor may convene the Legislature at the seat of government, or at a different place if that shall become dangerous from an enemy or from disease; and in case of a disagreement between the two (2) houses with respect to time of adjournment, adjourn them to such time as he shall think proper, not beyond the day of the next stated meeting of the Legislature."

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 restricts the power of the Governor to call an extraordinary session to an existing or impending emergency and requires the Governor to issue his proclamation calling for an extraordinary session at least ten (10) days before the date scheduled for its convening. The amendment also authorizes the Legislature when so convened, upon adoption of a resolution, to consider other matters of an emergency nature not included within the Governor's call."