MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Constitution

By: Representatives Martinson, Boyd

House Concurrent Resolution 15

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 202, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE FOR THE GUBERNATORIAL APPOINTMENT OF THE STATE SUPERINTENDENT OF PUBLIC EDUCATION BEGINNING WITH THE ELECTION OF THE GOVERNOR AT THE GENERAL ELECTION IN 2015.

     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 202, Mississippi Constitution of 1890, to read as follows:

     "Section 202. * * * (1)  Until July 1, 1984, there shall be a Superintendent of Public Education elected at the same time and in the same manner as the Governor, who shall have the qualifications required by the Secretary of State, and hold his office for four (4) years, and until his successor shall be elected and qualified, who shall have the general supervision of the common schools and and of the educational interests of the state, and who shall perform such other duties and receive compensation as shall be prescribed by law.  However, an election for the Superintendent of Public Education shall not be held at the general election in 1983, and the term of the Superintendent of Public Education who was elected at the general election in 1979 shall be extended to July 1, 1984, on which date it shall expire.

     ( * * *21) * * *From and after July 1, 1984, Until the beginning of the term of Office of the Governor elected at the general election in 2015, there shall be a State Superintendent of Public Education who shall be appointed by the State Board of Education, with the advice and consent of the Senate, and serve at the board's will and pleasure. 

(2)  Beginning at the general election in 2015, there shall be a State Superintendent of Public Education appointed by the Governor or Governor-elect, who shall serve at the Governor's will and pleasure, or until a successor State Superintendent is qualified and appointed by any succeeding Governor.  The first term of office of the appointed State Superintendent of Public Education shall begin in January 2016, concurrent with the appointing Governor's term.

(3) * * * He The State Superintendent of Public Education shall possess such qualifications as may be prescribed by law.  * * * He The State Superintendent shall be the chief administrative officer for the State Department of Education and shall administer the department in accordance with the policies established by the * * * State Board of EducationOffice of the Governor.  He shall perform such other duties and receive such compensation as shall be prescribed by law."

     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 2013, 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 changes the manner in which the State Superintendent of Public Education is selected.  The proposed amendment provides that the State Superintendent of Public Education shall be appointed by the Governor or Governor-elect, beginning in 2015 after the general election, rather than appointed by the State Board of Education."

     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.