House Bill 1143

AN ACT TO AMEND SECTIONS 5-1-1, 5-1-3, 7-3-3, 7-9-1, 7-7-202, 7-5-1, 69-1-3 AND 83-1-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON WHO HAS SERVED TWO CONSECUTIVE FOUR-YEAR TERMS IN THE MISSISSIPPI HOUSE OF REPRESENTATIVES, MISSISSIPPI SENATE, OFFICE OF THE SECRETARY OF STATE, STATE TREASURER, STATE AUDITOR, ATTORNEY GENERAL, COMMISSIONER OF AGRICULTURE AND COMMERCE AND COMMISSIONER OF INSURANCE IS NOT ELIGIBLE TO SERVE AGAIN IN THAT OFFICE UNTIL ONE FULL TERM HAS INTERVENED DURING WHICH THE PERSON DID NOT SERVE IN THAT OFFICE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 5-1-1, Mississippi Code of 1972, is amended as follows:

5-1-1. The number of Representatives shall be one hundred twenty-two (122) and shall be elected from districts adopted as provided in Section 254 of the Mississippi Constitution of 1890. A person elected as a member of the House of Representatives is eligible to succeed himself or herself in office; however, after serving two (2) full and consecutive four-year terms in the House of Representatives, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full four-year term shall not be included in the two-term limitation set forth in this section.

SECTION 2. Section 5-1-3, Mississippi Code of 1972, is amended as follows:

5-1-3. The number of Senators shall be fifty-two (52) and shall be elected from fifty-two (52) districts adopted as provided in Section 254 of the Mississippi Constitution of 1890. A person elected as a member of the Senate is eligible to succeed himself or herself in office; however, after serving two (2) full and consecutive four-year terms in the Senate, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full four-year term shall not be included in the two-term limitation set forth in this section.

SECTION 3. Section 7-3-3, Mississippi Code of 1972, is amended as follows:

7-3-3. The Secretary of State shall keep his or her office at the seat of the government, shall keep the same open Monday through Friday of each week for eight (8) hours each day, and shall carefully preserve the official books, library, papers, records, and furniture belonging to his or her office. A person elected as Secretary of State is eligible to succeed himself or herself in office; however, after serving two (2) full and consecutive four-year terms as Secretary of State, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full four-year term shall not be included in the two-term limitation set forth in this section.

SECTION 4. Section 7-9-1, Mississippi Code of 1972, is amended as follows:

7-9-1. The State Treasurer shall keep his or her office at the seat of the government, and shall keep the same open Monday through Friday of each week for eight (8) hours each day. A person elected as State Treasurer is eligible to succeed himself or herself in office; however, after serving two (2) full and consecutive four-year terms as State Treasurer, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full four-year term shall not be included in the two-term limitation set forth in this section.

SECTION 5. Section 7-7-202, Mississippi Code of 1972, is amended as follows:

7-7-202. The State Auditor shall keep the office of the department at the seat of the government and shall keep it open Monday through Friday of each week for at least eight (8) hours each day. A person elected as State Auditor is eligible to succeed himself or herself in office; however, after serving two (2) full and consecutive four-year terms as State Auditor, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full four-year term shall not be included in the two-term limitation set forth in this section. The State Auditor may establish satellite offices at other locations in the state. The State Auditor is authorized to prepare and use an official seal.

SECTION 6. Section 7-5-1, Mississippi Code of 1972, is amended as follows:

7-5-1. The Attorney General provided for by Section 173 of the Mississippi Constitution shall be elected at the same time and in the same manner as the Governor is elected. * * *~~His~~ The term of office for the Attorney General shall be four (4) years and * * *~~his~~ the compensation for that office shall be fixed by the Legislature. A person elected as Attorney General is eligible to succeed himself or herself in office; however, after serving two (2) full and consecutive four-year terms as Attorney General, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full four-year term shall not be included in the two-term limitation set forth in this section. * * *He The Attorney General shall be the chief legal officer and advisor for the state, both civil and criminal, and is charged with managing all litigation on behalf of the state, except as otherwise specifically provided by law. No arm or agency of the state government shall bring or defend a suit against another arm or agency without prior written approval of the Attorney General. He or she shall have the powers of the Attorney General at common law and, except as otherwise provided by law, is given the sole power to bring or defend a lawsuit on behalf of a state agency, the subject matter of which is of statewide interest. * * *He The Attorney General shall intervene and argue the constitutionality of any statute when notified of a challenge thereto, pursuant to the Mississippi Rules of Civil Procedure. His or her qualifications for office shall be as provided for chancery and circuit judges in Section 154 of the Mississippi Constitution.

SECTION 7. Section 69-1-3, Mississippi Code of 1972, is amended as follows:

69-1-3. The term of office of the Commissioner of Agriculture and Commerce shall be four (4) years, and any vacancy occurring shall be filled by appointment by the Governor as provided by law. A person elected as Commissioner of Agriculture and Commerce is eligible to succeed himself or herself in office; however, after serving two (2) full and consecutive four-year terms as Commissioner of Agriculture and Commerce, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full four-year term shall not be included in the two-term limitation set forth in this section.

SECTION 8. Section 83-1-3, Mississippi Code of 1972, is amended as follows:

83-1-3. The chief officer of the department shall be denominated the Commissioner of Insurance, who shall be elected at the general election as other state officers, and who shall possess the same qualifications as required for the Secretary of State. His or her term of office shall be four (4) years, as that of other state officials. A person elected as Commissioner of Insurance is eligible to succeed himself or herself in office; however, after serving two (2) full and consecutive four-year terms as Commissioner of Insurance, he or she is not eligible to serve again in that office until at least one (1) full term has intervened during which the person did not serve in that office. Any years served by a member elected to fill a vacancy in office for less than a full four-year term shall not be included in the two-term limitation set forth in this section. No person shall be Commissioner of Insurance who is in any way connected with the management or control of any company, corporation, association, or order affected by this title, and his or her term of office shall immediately cease if at any time he or she shall become so interested. Before entering on the discharge of * * *~~his~~ the duties of Commissioner of Insurance, the commissioner shall take the oath of office required of state officers and give a corporate bond in favor of the state in the penal sum of Twenty-five Thousand Dollars ($25,000.00) in some company or companies duly authorized to transact business in this state, to be approved by the Governor and conditioned for the faithful performance of the duties of * * *~~said~~ the office during his or her term, which bond and oath of office shall be filed with the Secretary of State.

SECTION 9. This act shall take effect and be in force from and after July 1 in the year following the year in which the Secretary of State certifies the passage of the constitutional amendment proposed in HCR____, 2017 Regular Session.