Bill Text: MS HC44 | 2011 | Regular Session | Introduced
Bill Title: Constitution; legislative alternative to Initiative No. 26 for necessary correction in section number designation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2011-02-10 - Died On Calendar [HC44 Detail]
Download: Mississippi-2011-HC44-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Constitution
By: Representative Snowden (By Request)
House Concurrent Resolution 44
A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO THE MISSISSIPPI CONSTITUTION OF 1890, OFFERED BY THE MISSISSIPPI LEGISLATURE AS AN ALTERNATIVE TO INITIATIVE MEASURE NO. 26, WHICH RELATES TO THE SUBJECT OF THE DEFINITION OF "PERSON," FOR THE SOLE PURPOSE OF MAKING NECESSARY NONSUBSTANTIVE CLERICAL AND TECHNICAL CORRECTIONS, INCLUDING CHANGING THE SECTION NUMBER DESIGNATION FROM SECTION 33 TO SECTION 32A; AND FOR RELATED PURPOSES.
WHEREAS, under Section 273 of the Mississippi Constitution of 1890, the people have the power to propose and enact constitutional amendments by initiative, and the procedure for doing so is set forth in Chapter 17, Title 23, Mississippi Code of 1972.
WHEREAS, following those provisions, the people have proposed Initiative Measure No. 26 relating to the subject of the definition of "person," and this initiative measure will be presented to the qualified electors at the November 2011 election.
WHEREAS, Initiative Measure No. 26 provides for the creation of a new section of the Mississippi Constitution of 1890, relating to the subject of the definition of "person," and it reads as follows:
"SECTION 1. Article III of the Constitution for the State of Mississippi is hereby amended by the addition of a new section to read:
Section 33. Person defined. As used in this Article III of the state Constitution, "The term 'person' or 'persons' shall include every human being from the moment of fertilization, cloning, or the functional equivalent thereof."
WHEREAS, while the Legislature approves the substantive content of this initiative measure, there are nonsubstantive clerical and technical corrections that are necessary. For example, the proposed amendment is designated to be numbered as "Section 33" of Article III of the Constitution; however, the designation should be "Section 32A," because "Section 33" is an existing section of the Constitution found in Article IV of the Constitution.
WHEREAS, when an initiative measure is proposed under this procedure, the Legislature may submit an alternative measure for the original initiative measure, which shall be presented to the qualified electors at the same election at which the original measure is proposed, and under Section 23-17-29, Mississippi Code of 1972, such a constitutional initiative may be adopted or amended by a majority vote of each house of the Legislature.
WHEREAS, the Legislature does not desire to amend or change the substantive content of Initiative Measure No. 26; however, it wishes to propose an alternative measure for the sole purpose of making necessary nonsubstantive clerical and technical correction to the original initiative measure.
NOW, THEREFORE, 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 at the November 2011 election, as an alternative to the amendment proposed by Initiative Measure No. 26, for the sole purpose of making necessary nonsubstantive clerical and technical corrections to the original initiative measure:
Amend the Mississippi Constitution of 1890, by creating a new Section 32A, to read as follows:
"Section 32A. As used in this Article III of the state Constitution, the term 'person' or 'persons' shall include every human being from the moment of fertilization, cloning, or the functional equivalent thereof."
BE IT FURTHER RESOLVED, That the amendment proposed in this resolution as a legislative alternative to Initiative Measure No. 26 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 2011, in the manner prescribed by Section 273 of the Constitution and by Chapter 17, Title 23, Mississippi Code of 1972.
BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This constitutional amendment is proposed as a legislative alternative measure to Initiative Measure No. 26, which relates to the subject of the definition of person, for the sole purpose of making nonsubstantive clerical and technical corrections, including changing the section number designation from Section 33 to Section 32A."
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.
