MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Rules

By: Senator(s) Hewes, Burton, Fillingane

Senate Concurrent Resolution 563

(As Adopted by Senate)

A CONCURRENT RESOLUTION TO ADOPT JOINT RULE NO. 41 TO ESTABLISH PROCEDURES FOR THE CONSIDERATION OF CONSTITUTIONAL INITIATIVES IN THE LEGISLATURE PURSUANT TO THE REQUIREMENTS OF SECTION 273 OF THE MISSISSIPPI CONSTITUTION OF 1890; AND FOR RELATED PURPOSES.

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF MISSISSIPPI, THE HOUSE OF REPRESENTATIVES CONCURRING THEREIN, That the Joint Rules of the Mississippi Senate and House of Representatives are amended by inserting the following Joint Rule No. 41 to read as follows:

     41.  Constitutional Initiatives under Section 273 of the Mississippi Constitution of 1890.

     (1)  Constitutional amendment initiatives under Section 273 of the Mississippi Constitution of 1890 filed with the Secretary of State not less than ten (10) days before any regular session of the Legislature may be adopted, amended or rejected by a majority vote of each house of the Legislature during that regular session pursuant to the provisions of this rule.

     (2)  Upon certification from the Secretary of State that an initiative has received sufficient valid signatures, the Secretary of State shall submit certified copies of the said initiative to the Secretary of the Senate and to the Clerk of the House of Representatives.  Each initiative shall be designated as Initiative Measure No._______and not more than three (3) days after receipt of said initiative, each house of the Legislature through its presiding officers shall refer the certified copies of the initiative to a proper committee.

     (3)  Alternative initiative measures may be introduced by any Senator or member, to be designated as Alternative Measure No.________, and shall be referred by the appropriate presiding officer to a proper committee.

     (4)  A committee may report an initiative measure or alternative initiative measure to the full Senate or House with the following report:

          (a)  Do be adopted;

          (b)  Do be rejected; or

          (c)  Do be adopted as amended (which shall include the alternative version recommended).

     (5)  Upon receipt of a committee report on an initiative measure, each house shall treat the measure in the same manner as bills and resolutions and such reports shall take precedence over all other measures and shall not be subject to legislative timetables under Joint Rule No. 40.  A majority vote of each house is required on an initiative or an alternative initiative measure.  After the action of each body has been recorded on the final adoption or any other action which may refer the initiative or an alternative initiative to the people has been recorded, the President and Secretary of the Senate and the Speaker and Clerk of the House of Representatives will certify, each for its own body, to the Secretary of State the action taken, and the Secretary of State will prepare the ballot according to the provisions of Section 273(8) of the Mississippi Constitution of 1890.  If no action is taken by the date of sine die adjournment of the Legislature of the regular session that the initiative is filed with the Legislature, the Secretary of State shall place the initiative on the ballot for the next statewide general election according to the provisions of Section 273(6) of the Mississippi Constitution.

     (6)  The Legislative Budget Office shall prepare a fiscal analysis of each initiative and each legislative alternative initiative which is reported out of committee.  A summary of each fiscal analysis of any initiative or alternative which is adopted by the Legislature shall appear on the ballot.