Bill Text: MS HC55 | 2012 | Regular Session | Introduced
Bill Title: Constitution; require local and private bill proposing tax to provide for direct referendum on question of imposing the tax.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Failed) 2012-03-06 - Died In Committee [HC55 Detail]
Download: Mississippi-2012-HC55-Introduced.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Constitution
By: Representatives Arnold, Aldridge, Brown (20th), Turner
House Concurrent Resolution 55
A CONCURRENT RESOLUTION PROPOSING TO AMEND SECTION 89, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE THAT IF A LOCAL AND PRIVATE BILL PROPOSES TO IMPOSE, INCREASE OR EXTEND A TAX OF ANY KIND WITHIN A SPECIFIC GOVERNMENTAL ENTITY, LOCALITY OR AREA, THEN THE BILL SHALL PROVIDE FOR A DIRECT REFERENDUM TO BE HELD ON THE QUESTION OF IMPOSING, INCREASING OR EXTENDING THE TAX; TO PROVIDE THAT THE REFERENDUM SHALL BE HELD AT THE SAME TIME AS THE NEXT REGULARLY SCHEDULED ELECTION IN THE AREA; 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 Section 89, Mississippi Constitution of 1890, to read as follows:
"Section 89. (1) There shall be appointed in each house of the Legislature a standing committee on local and private legislation; the house committee to consist of seven representatives, and the senate committee of five senators. No local or private bill shall be passed by either house until it shall have been referred to said committee thereof, and shall have been reported back with a recommendation in writing that it do pass, stating affirmatively the reasons therefor, and why the end to be accomplished should not be reached by a general law, or by a proceeding in court; or if the recommendation of the committee be that the bill do not pass, then it shall not pass the house to which it is so reported unless it be voted for by a majority of all members elected thereto.
(2) If a local and private bill proposes to impose, increase or extend a tax of any kind within a specific governmental entity or entities, locality or area, then the bill shall provide for a direct referendum to be held in the affected governmental entity or locality on the question of imposing, increasing or extending the tax. Such a referendum shall be held at the same time as the next regularly scheduled election in the governmental entity or entities, locality or area.
(3) If a bill is passed in conformity to the requirements hereof, other than such as are prohibited in the next section, the courts shall not, because of its local, special, or private nature, refuse to enforce it."
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 constitutional amendment provides that if a local and private bill proposes to impose, increase or extend a tax of any kind within a specific governmental entity or locality, then the bill shall provide for a direct referendum to be held in the affected area on the question of imposing, increasing or extending the tax."
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.
