House Concurrent Resolution 78

A CONCURRENT RESOLUTION PROPOSING TO AMEND THE MISSISSIPPI CONSTITUTION OF 1890 BY ADDING A NEW SECTION THAT PROVIDES FOR THE NECESSARY MAINTENANCE AND CAPITAL IMPROVEMENT OF STATE-OWNED PROPERTIES; TO CREATE A SPECIAL FUND IN THE STATE TREASURY, INTO WHICH SHALL BE DEPOSITED ONE PERCENT OF THE UNENCUMBERED CASH BALANCE IN THE GENERAL FUND AT THE CLOSE OF EACH FISCAL YEAR, BEGINNING ON JULY 1, 2015; TO PROVIDE THAT MONIES IN THE SPECIAL FUND CAN ONLY BE USED FOR CAPITAL IMPROVEMENTS AND REPAIR AND RENOVATION OF STATE-OWNED PROPERTIES; 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 69A to read as follows:

"Section 69A. (1) In order to provide funds for the necessary maintenance and capital improvement of state-owned properties, a special fund is created in the State Treasury, to be used exclusively for the repair and renovation of, and for making capital improvements to, state-owned properties.

(2) One percent (1%) of the unencumbered cash balance in the General Fund in the State Treasury at the close of fiscal year 2016, and at the close of each fiscal year thereafter, shall be deposited by the State Treasurer into the special fund. During each such fiscal year, the Legislature shall designate in an appropriation act passed by the Legislature those specific repair and renovation projects and capital improvement projects for which the monies in the special fund may be used. No other expenditure, appropriation or transfer of funds in the special fund shall be made.

(3) (a) For purposes of this section, the term "unencumbered cash balance in the General Fund" means the amount in the State General Fund after deducting all appropriations and other expenditures, including additional or deficit appropriations or transfers from the State General Fund for that fiscal year. (b) Interest earned on this special fund shall be deposited by the State Treasurer into the special fund, and unexpended funds in the special fund at the end of a fiscal year shall not lapse into the State General Fund but shall remain in the special fund.

(4) The Legislature may provide by general law for additional requirements or administrative procedures applicable to the special fund that do not conflict with the provisions of this section."

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 2012, 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 amendment creates a new section to provide for necessary maintenance and capital improvement of state-owned properties. A new special fund is created in the State Treasury, into which shall be deposited one percent (1%) of the unencumbered cash balance in the General Fund at the close of each fiscal year, beginning on July 1, 2015. Monies in the special fund can only be used for capital improvements and repair and renovation of state-owned properties."

BE IT FURTHER RESOLVED, That the Attorney General of the State of Mississippi shall submit this resolution, immediately upon adoption by the Legislature of the State of Mississippi, 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.