Bill Text: MS SC523 | 2023 | Regular Session | Introduced
Bill Title: Constitution; amend to define appropriation bill subject to Governor's partial veto power.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2023-01-31 - Died In Committee [SC523 Detail]
Download: Mississippi-2023-SC523-Introduced.html
MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Constitution
By: Senator(s) Wiggins
Senate Concurrent Resolution 523
A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 73 OF THE MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE THAT THE GOVERNOR SHALL NOT VETO A CONDITION SET FORTH IN AN APPROPRIATION BILL AND TO PROVIDE THAT THE GOVERNOR'S PARTIAL VETO POWER IS ONLY APPLICABLE TO APPROPRIATION BILLS THAT FIX A DEFINITE MAXIMUM SUM TO BE PAID FROM THE STATE TREASURY AND CONTINUE TO BE IN FORCE WITHDRAWING MONEY FROM THE STATE TREASURY FOR UP TO TWO MONTHS AFTER THE EXPIRATION OF THE FISCAL YEAR ENDING AFTER THE MEETING OF THE LEGISLATURE AT ITS NEXT REGULAR SESSION.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, TWO-THIRDS OF THE SENATE AND HOUSE OF REPRESENTATIVES CONCURRING THEREIN, WHICH TWO-THIRDS CONSISTS OF NOT LESS THAN A MAJORITY OF THE MEMBERS ELECTED TO EACH HOUSE, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:
Amend Section 73, Mississippi Constitution of 1890, to read as follows:
Section 73. The Governor may veto parts of any appropriation bill, and approve parts of the same, and the portions approved shall be law. The Governor may not veto a part of an appropriation bill setting forth the conditions on which the money may be drawn, and for what purposes paid. Under this section, "appropriation bill" means a bill that fixes a definite maximum amount as required by Article 4, Section 63, Mississippi Constitution of 1890, and which allows for the withdrawal of money from the State Treasury up to two (2) months after the expiration of the fiscal year ending after the meeting of the Legislature as set forth by Article 4, Section 64, Mississippi Constitution of 1890.
BE IT FURTHER RESOLVED, That the amendment in this resolution 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 2023, as provided by Section 273 of the Constitution and by general law.
BE IT FURTHER RESOLVED, That the explanation of the amendment for the ballot shall read as follows: "The Legislature is given the authority to appropriate public funds by the Mississippi Constitution of 1890. This proposed constitutional amendment prohibits the Governor from vetoing a condition set forth by the Legislature in an appropriation bill. This provision also clarifies the type of appropriation bills subject to the Governor's partial veto power, by defining such appropriation bills as those which actually appropriate money from the State Treasury and continue in force no more than two months after the succeeding fiscal year. This provision would overrule the effect of the Mississippi Supreme Court's decision in Reeves v. Gunn, 307 So. 3d 436 (Miss. 2020)."
