Article IV, Mississippi Constitution

Mississippi Constitution
Preamble
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Article 4 of the Mississippi Constitution is entitled Legislative Department and consists of 83 sections

In General

Section 33

	Text of Section 33: Composition of Legislature The legislative power of this state shall be vested in a legislature which shall consist of a senate and a house of representatives.

Section 34

	Text of Section 34: Composition of House of Representatives The house of representatives shall consist of members chosen every four years by the qualified electors of the several counties and representative districts.

NOTE: Laws of 1962, ch. 18, 1st Extraordinary Session, which proposed to amend this section of the Constitution, was not approved by the electorate.

Section 35

	Text of Section 35: Composition of Senate The senate shall consist of members chosen every four years by the qualified electors of the several districts.

Section 36

Text of Section 36: Sessions The Legislature shall meet at the seat of government in regular session on the Tuesday after the first Monday of January of the year A.D., 1970, and annually thereafter, unless sooner convened by the Governor; provided, however, that such sessions shall be limited to a period of one hundred twenty-five (125) calendar days for regular 1972 session and every fourth year thereafter, but ninety (90) calendar days for every other regular session thereafter. Provided further that the House of Representatives, by resolution with the Senate concurring therein, and by a two-thirds (2/3) vote of those present and voting in each house, may extend such limited session for a period of thirty (30) days with no limit on the number of extensions to each session.

Amendments

• The 1968 amendment to Section 36 was proposed by House Consurrent Resolution No. 36, ch. 634, of the 1968 regular session of the Legislature, and upon ratification by the electorate on June 4, 1968, was inserted by proclamation of the Secretary of State on June 13, 1968.

Section 37

	Text of Section 37: Elections for Members Elections for members of the legislature shall be held in the several counties and districts as provided by law.

Section 38

	Text of Section 38: Election of Officers by Each House Each house shall elect its own officers, and shall judge of the qualifications, return and election of its own members.

Section 39

	Text of Section 39: President Pro Tempore of Senate The senate shall choose a president pro tempore to act in the absence or disability of its presiding officer.

Qualifications & Privileges of Legislators

Section 40

Text of Section 40: Oath of Office Members of the legislature, before entering upon the discharge of their duties, shall take the following oath: "I, ----, do solemnly swear (or affirm) that I will faithfully support the Constitution of the United States and of the state of Mississippi; that I am not disqualified from holding office by the Constitution of this state; that I will faithfully discharge my duties as a legislator; that I will, as soon as practicable hereafter, carefully read (or have read to me) the Constitution of this state, and will endeavor to note, and as a legislator to execute, all the requirements thereof imposed on the legislature; and I will not vote for any measure or person because of a promise of any other member of this legislature to vote for any measure or person, or as a means of influencing him or them so to do. So help me God."

Section 41

Text of Section 41: Qualifications of House of Representatives Members No person shall be a member of the House of Representatives who shall not have attained the age of twenty-one (21) years, and who shall not be a qualified elector of the state, and who shall not have been a resident citizen of the state for four (4) years, and within the district such person seeks to serve for two (2) years, immediately preceding his election. The seat of a member of the House of Representatives shall be vacated on his removal from the district from which he was elected.

Amendments

• The 1987 amendment to Section 41 was proposed by Laws 1987, ch. 674, House Concurrent Resolution No. 41, of the 1987 regular session of the Legislature, and upon ratification by the electorate on November 3, 1987, was inserted by proclamation of the Secretary of State on December 4, 1987.

Section 42

Text of Section 42: Qualifications of Senators No person shall be a senator who shall not have attained the age of twenty-five years, who shall not have been a qualified elector of the state four years, and who shall not be an actual resident of the district or territory he may be chosen to represent for two years before his election. The seat of a senator shall be vacated upon his removal from the district from which he was elected.

Section 43

	Text of Section 43: Person Liable for Public Monies Ineligible for Office No person liable as principal for public moneys unaccounted for shall be eligible to a seat in either house of the legislature, or to any office of profit or trust, until he shall have accounted for and paid over all sums for which he may have been liable.

Section 44

Text of Section 44: Ineligibility for Office of Person Convicted of Certain Crimes (1) No person shall be eligible to a seat in either house of the Legislature, or to any office of profit or trust, who shall have been convicted of bribery, perjury, or other infamous crime; and any person who shall have been convicted of giving or offering, directly, or indirectly, any bribe to procure his election or appointment, and any person who shall give or offer any bribe to procure the election or appointment of any person to office, shall, on conviction thereof, be disqualified from holding any office of profit or trust under the laws of this state. (2) No person who is convicted after ratification of this amendment in another state of any offense which is a felony under the laws of this state, and no person who is convicted after ratification of this amendment of any felony in a federal court, shall be eligible to hold any office of profit or trust in this state. (3) This section shall not disqualify a person from holding office if he has been pardoned for the offense or if the offense of which the person was convicted was manslaughter, any violation of the United States Internal Revenue Code or any violation of the tax laws of this state unless such offense also involved misuse or abuse of his office or money coming into his hands by virtue of his office.

Amendments

• The 1992 amendment to Section 44 was proposed by Laws 1992, ch. 591, House Concurrent Resolution No. 46, of the 1992 regular session of the Legislature, and upon ratification by the electorate on November 3, 1992, was inserted by proclamation of the Secretary of State on December 8, 1992.

Section 45

Text of Section 45: Member Eligibility for Offices Created During Term of Office No senator or representative, during the term for which he was elected, shall be eligible to any office of profit which shall have been created, or the emoluments of which have been increased, during the time such senator or representative was in office, except to such offices as may be filled by an election of the people.

Section 46

	Text of Section 46: Salaries of Members The members of the legislature shall severally receive from the state treasury compensation for their services, to be prescribed by law, which may be increased or diminished; but no alteration of such compensation of members shall take effect during the session at which it is made.

Section 47

	Text of Section 47: Fees or Rewards Prohibited No member of the legislature shall take any fee or reward, or be counsel in any measure pending before either house of the legislature, under penalty of forfeiting his seat, upon proof thereof to the satisfaction of the house of which he is a member.

Section 48

	Text of Section 48: Immunity of Members from Arrest for Certain Crimes Senators and representatives shall, in all cases, except treason, felony, theft, or breach of the peace, be privileged from arrest during the session of the legislature, and for fifteen days before the commencement and after the termination of each session.

Section 49

	Text of Section 49: Power of Impeachment The house of representatives shall have the sole power of impeachment; but two-thirds of all the members present must concur therein. All impeachments shall be tried by the senate, and, when sitting for that purpose, the senators shall be sworn to do justice according to law and the evidence.

Section 50

	Text of Section 50: Impeachment Grounds The governor and all other civil officers of this state, shall be liable to impeachment for treason, bribery, or any high crime or misdemeanor in office.

Section 51

	Text of Section 51: Removal from Office Judgment in such cases shall not extend further than removal from office and disqualification to hold any office of honor, trust, or profit in this state; but the party convicted shall, nevertheless, be subject to indictment, trial, judgment, and punishment according to law.

Section 52

	Text of Section 52: Persons to Preside in Impeachment Proceedings When the governor shall be tried, the chief justice of the Supreme Court shall preside; and when the chief justice is disabled, disqualified, or refuses to act, the judge of the Supreme Court next oldest in commission shall preside; and no person shall be convicted without concurrence of two-thirds of all the senators present.

Section 53

Text of Section 53: Removal of Judges for Reasonable Cause For reasonable cause, which shall not be sufficient ground of impeachment, the governor shall, on the joint address of two-thirds of each branch of the legislature, remove from office the judges of the Supreme and inferior courts; but the cause or causes of removal shall be spread on the journal, and the party charged be notified of the same, and have an opportunity to be heard by himself or counsel, or both, before the vote is finally taken and decided.

Rules of Procedure

Section 54

	Text of Section 54: Quorum A majority of each house shall constitute a quorum to do business; but a less number may adjourn from day to day, and compel the attendance of absent members in such manner and under such penalties as each shall provide.

Section 55

Text of Section 55: Determination of Rules by Each House Each house may determine rules of its own proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds of the members present, expel a member; but no member, unless expelled for theft, bribery, or corruption, shall be expelled the second time for the same offense. Both houses shall, from time to time, publish journals of their proceedings, except such parts as may, in their opinion, require secrecy; and the yeas and nays, on any question, shall be entered on the journal, at the request of one-tenth of the members present; and the yeas and nays shall be entered on the journals on the final passage of every bill.

Section 56

	Text of Section 56: Style of Laws The style of the laws of the state shall be: "Be it enacted by the legislature of the state of Mississippi."

Section 57

	Text of Section 57: Adjournments; Meeting Place Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.

Section 58

Text of Section 58: Open Door Policy; Disorderly Behavior The doors of each house, when in session, or in committee of the whole, shall be kept open, except in cases which may require secrecy; and each house may punish, by fine and imprisonment, any person not a member who shall be guilty of disrespect to the house by any disorderly or contemptuous behavior in its presence, or who shall in any way disturb its deliberations during the session; but such imprisonment shall not extend beyond the final adjournment of that session.

Section 59

Text of Section 59: Introduction and Passage of Bills Bills may originate in either house, and be amended or rejected in the other, and every bill shall be read by its title on three (3) different days in each house, unless two-thirds (2/3) of the house where the same is pending shall dispense with the rules; and every bill shall be read in full immediately before the vote on its final passage upon the demand of any member; and every bill, having passed both houses, shall be signed by the President of the Senate and the Speaker of the House of Representatives during the legislative session.

Amendments

• The 1990 amendment to Section 59 was proposed by Laws 1990, ch. 668, Senate Concurrent Resolution No. 506, and upon ratification by the electorate on November 6, 1990, was inserted by proclamation of the Secretary of State on December 19, 1990.

Section 60

Text of Section 60: Amendment of Bill; Orders, Votes and Resolutions No bill shall be so amended in its passage through either house as to change its original purpose, and no law shall be passed except by bill; but orders, votes, and resolutions of both houses, affecting the prerogatives and duties thereof, or relating to adjournment, to amendments to the Constitution, to the investigation of public officers, and the like, shall not require the signature of the governor; and such resolutions, orders, and votes, may empower legislative committees to administer oaths, to send for persons and papers, and generally make legislative investigations effective.

Section 61

	Text of Section 61: Amendment or Revival by Reference to Title Prohibited No law shall be revived or amended by reference to its title only, but the section or sections, as amended or revived, shall be inserted at length.

Section 62

	Text of Section 62: Voting on Amendments; Adoption of Committee Reports No amendment to bills by one house shall be concurred in by the other except by a vote of the majority thereof, taken by yeas and nays and the names of those voting for and against recorded upon the journals; and reports of committees of conference shall in like manner be adopted in each house.

Section 63

	Text of Section 63: Maximum Sum Fixed in Appropriation Bill No appropriation bill shall be passed by the legislature which does not fix definitely the maximum sum thereby authorized to be drawn from the treasury.

Section 64

Text of Section 64: Time Limit and Voting Requirements for Appropriations No bill passed after the adoption of this Constitution to make appropriations of money out of the state treasury shall continue in force more than two months after the expiration of the fiscal year ending after the meeting of the legislature at its next regular session; nor shall such bill be passed except by the votes of a majority of all members elected to each house of the legislature.

Section 65

	Text of Section 65: Reconsideration of Votes All votes on the final passage of any measure shall be subject to reconsideration for at least one whole legislative day, and no motion to reconsider such vote shall be disposed of adversely on the day on which the original vote was taken, except on the last day of the session.

Section 66

	Text of Section 66: Law Granting Donation or Gratuity No law granting a donation or gratuity in favor of any person or object shall be enacted except by the concurrence of two-thirds of the members elect of each branch of the legislature, nor by any vote for a sectarian purpose or use.

Section 67

	Text of Section 67: Time Limit for Introducing New Bill No new bill shall be introduced into either house of the legislature during the last three days of the session.

Section 68

	Text of Section 68: Precedence and Time Limits for Appropriation and Revenue Bills Appropriation and revenue bills shall, at regular sessions of the legislature, have precedence in both houses over all other business, and no such bills shall be passed during the last five days of the session.

Section 69

Text of Section 69: Contents of Appropriation Bills General appropriation bills shall contain only the appropriations to defray the ordinary expenses of the executive, legislative, and judicial departments of the government; to pay interest on state bonds, and to support the common schools. All other appropriations shall be made by separate bills, each embracing but one subject. Legislation shall not be engrafted on the appropriation bills, but the same may prescribe the conditions on which the money may be drawn, and for what purposes paid.

Section 70

	Text of Section 70: Votes Required for Passage of Revenue or Property Assessment Bills No revenue bill, or any bill providing for assessments of property for taxation, shall become a law except by a vote of at least three-fifths of the members of each house present and voting.

Section 71

Text of Section 71: Title of Bill; Committee Recommendations Every bill introduced into the legislature shall have a title, and the title ought to indicate clearly the subject-matter or matters of the proposed legislation. Each committee to which a bill may be referred shall express, in writing, its judgment of the sufficiency of the title of the bill, and this, too, whether the recommendation be that the bill do pass or do not pass.

Section 72

Text of Section 72: Approval or Disapproval of Bill by Governor; Veto Override Process Every Bill which shall pass both Houses shall be presented to the Governor of the state. If he approve, he shall sign it; but if he does not approve, he shall return it, with his objections, to the House in which it originated, which shall enter the objections at large upon its Journal, and proceed to reconsider it. If after such reconsideration two-thirds (2 /3 ) of that House shall agree to pass the Bill, it shall be sent, with the objections, to the other House, by which, likewise, it shall be reconsidered; and if approved by two-thirds ( 2 /3 ) of that House, it shall become a law; but in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the Governor within five (5) days (Sundays excepted) after it has been presented to him, it shall become a law in like manner as if he had signed it, unless the Legislature, by adjournment, prevented its return, in which case such Bill shall be a law unless the Governor shall veto it within fifteen (15) days (Sundays excepted) after it is presented to him, and such Bill shall be returned to the Legislature, with his objections, within three (3) days after the beginning of the next session of the Legislature.

Amendments

• The 1970 amendment to Section 72 was proposed by House Concurrent Resolution No. 14, ch. 562, of the 1970 regular session of the Legislature, and upon ratification by the electorate on June 3, 1970, was inserted by proclamation of the Secretary of State on June 19, 1970.

Section 73

	Text of Section 73: Veto of Parts of Appropriations Bill The governor may veto parts of any appropriation bill, and approve parts of the same, and the portions approved shall be law.

Section 74

	Text of Section 74: Referral of Bill to Committee No bill shall become a law until it shall have been referred to a committee of each house and returned therefrom with a recommendation in writing.

Section 75

	Text of Section 75: Enforcement of Laws of General Nature No law of a general nature, unless therein otherwise provided, shall be enforced until sixty days after its passage.

Section 76

	Text of Section 76: Viva Voce Vote In all elections by the legislature the members shall vote viva voce, and the vote shall be entered on the journals.

Section 77

	Text of Section 77: Writs of Election to Fill Legislative Vacancies The governor shall issue writs of election to fill such vacancies as may occur in either house of the legislature, and the persons thereupon chosen shall hold their seats for the unexpired term.

Injunctions

Section 78

	Text of Section 78: Salary Deductions for Neglect of Official Duty It shall be the duty of the legislature to regulate by law the cases in which deductions shall be made from salaries of public officers for neglect of official duty, and the amount of said deduction.

Section 79

Text of Section 79: Sale of Delinquent Tax Lands; Right of Redemption The legislature shall provide by law for the sale of all delinquent tax lands. The courts shall apply the same liberal principles in favor of such titles as in sale by execution. The right of redemption from all sales of real estate, for the nonpayment of taxes or special assessments, of any and every character whatsoever, shall exist, on conditions to be prescribed by law, in favor of owners and persons interested in such real estate, for a period of not less than two years.

Section 80

	Text of Section 80: Abuse of Certain Local Government Unit Powers Provision shall be made by general laws to prevent the abuse by cities, towns, and other municipal corporations of their powers of assessment, taxation, borrowing money, and contracting debts.

Section 81

Text of Section 81: Obstruction of Navigable Waters; Certain Construction Projects Authorized The Legislature shall never authorize the permanent obstruction of any of the navigable waters of the State, but may provide for the removal of such obstructions as now exist, whenever the public welfare demands. This section shall not prevent the construction, under proper authority, of drawbridges for railroads, or other roads, nor the construction of booms and chutes for logs, nor the construction, operation and maintenance of facilities incident to the exploration, production or transportation of oil, gas or other minerals, nor the construction, operation and maintenance of bridges and causeways in such manner as not to prevent the safe passage of vessels or logs under regulations to be provided by law.

Amendments

• The 1968 amendment to Section 81 was proposed by House Concurrent Resolution No. 71, ch. 660 of the 1968 regular session of the Legislature, and upon ratification by the electorate on June 4, 1968, was inserted by proclamation of the Secretary of State on June 13, 1968.

Section 82

	Text of Section 82: Official Bonds; Fixing Penalties The legislature shall fix the amount of the penalty of all official bonds, and may, as far as practicable, provide that the whole or a part of the security required for the faithful discharge of official duty shall be made by some guarantee company or companies.

Section 83

	Text of Section 83: Fire Safety in Certain Public Places The legislature shall enact laws to secure the safety of persons from fires in hotels, theaters, and other public places of resort.

Section 84

	Text of Section 84: Acquisition of Land by Nonresident Aliens and Corporations The legislature shall enact laws to limit, restrict, or prevent the acquiring and holding of land in this state by nonresident aliens, and may limit or restrict the acquiring or holding of lands by corporations.

Section 85

	Text of Section 85: Working of Public Roads by Contract or by County Prisoners The legislature shall provide by general law for the working of public roads by contract or by county prisoners, or both. Such law may be put in operation only by a vote of the board of supervisors in those counties where it may be desirable.

Section 86

	Text of Section 86: Care of Insane and Indigent Sick It shall be the duty of the legislature to provide by law for the treatment and care of the insane; and the legislature may provide for the care of the indigent sick in the hospitals in the state.

Local Legislation

Section 87

Text of Section 87: Special or Local Laws No special or local law shall be enacted for the benefit of individuals or corporations, in cases which are or can be provided for by general law, or where the relief sought can be given by any court of this state; nor shall the operation of any general law be suspended by the legislature for the benefit of any individual or private corporation or association, and in all cases where a general law can be made applicable, and would be advantageous, no special law shall be enacted.

Section 88

	Text of Section 88: Content of General Laws The legislature shall pass general laws, under which local and private interest shall be provided for and protected, and under which cities and towns may be chartered and their charters amended, and under which corporations may be created, organized, and their acts of incorporation altered; and all such laws shall be subject to repeal or amendment.

Section 89

Text of Section 89: Standing Committee for Local and Private Legislation in Each House 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 therefore, 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. 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.

Section 90

Text of Section 90: Matters Provided for by General Laws Only The legislature shall not pass local, private, or special laws in any of the following enumerated cases, but such matters shall be provided for only by general laws, viz.: (a) Granting divorces; (b) Changing the names of persons, places, or corporations; (c) Providing for changes of venue in civil and criminal cases; (d) Regulating the rate of interest on money; (e) Concerning the settlement or administration of any estate, or the sale or mortgage of any property, of any infant, or of a person of unsound mind, or of any deceased person; (f) The removal of the disability of infancy; (g) Granting to any person, corporation, or association the right to have any ferry, bridge, road, or fish-trap; (h) Exemption of property from taxation or from levy or sale; (i) Providing for the adoption or legitimation of children; (j) Changing the law of descent and distribution; (k) Exempting any person from jury, road, or other civil duty (and no person shall be exempted therefrom by force of any local or private law); (l) Laying out, opening, altering, and working roads and highways; (m) Vacating any road or highway, town plat, street, alley, or public grounds; (n) Selecting, drawing, summoning, or empaneling grand or petit juries; (o) Creating, increasing, or decreasing the fees, salary, or emoluments of any public officer; (p) Providing for the management or support of any private or common school, incorporating the same, or granting such school any privileges; (q) Relating to stock laws, water-courses, and fences; (r) Conferring the power to exercise the right of eminent domain, or granting to any person, corporation, or association the right to lay down railroad tracks or street-car tracks in any other manner than that prescribed by general law; (s) Regulating the practice in courts of justice; (t) Providing for the creation of districts for the election of justices of the peace and constables; and (u) Granting any lands under control of the state to any person or corporation.

Prohibitions

Section 91

	Text of Section 91: Uniform Application of Charges and Fees The legislature shall not enact any law for one or more counties, not applicable to all the counties in the state, increasing the uniform charge for the registration of deeds, or regulating costs and charges and fees of officers.

Section 92

	Text of Section 92: Salary of Deceased Officer The legislature shall not authorize payment to any person of the salary of a deceased officer beyond the date of his death.

Section 93

	Text of Section 93: Retirement of Officer on Pay The legislature shall not retire any officer on pay, or part pay, or make any grant to such retiring officer.

Section 94

Text of Section 94: Disability on Account of Coverture Abolished The legislature shall never create by law any distinction between the rights of men and women to acquire, own, enjoy, and dispose of property of all kinds, or their power to contract in reference thereto. Married women are hereby fully emancipated from all disability on account of coverture. But this shall not prevent the legislature from regulating contracts between husband and wife; nor shall the legislature be prevented from regulating the sale of homesteads.

Section 95

Text of Section 95: Donation or Sale of State Lands; Railroad Easements Lands belonging to, or under the control of the state, shall never be donated directly or indirectly, to private corporations or individuals, or to railroad companies. Nor shall such land be sold to corporations or associations for a less price than that for which it is subject to sale to individuals. This, however, shall not prevent the legislature from granting a right of way, not exceeding one hundred feet in width, as a mere easement, to railroads across state land, and the legislature shall never dispose of the land covered by said right of way so long as such easement exists.

Section 96

Text of Section 96: Extra Compensation and Unauthorized Payments Prohibited The legislature shall never grant extra compensation, fee, or allowance, to any public officer, agent, servant, or contractor, after service rendered or contract made, nor authorize payment, or part payment, of any claim under any contract not authorized by law; but appropriations may be made for expenditures in repelling invasion, preventing or suppressing insurrections.

Section 97

	Text of Section 97: Revival of Action Barred by Limitations Prohibited The legislature shall have no power to revive any remedy which may have become barred by lapse of time, or by any statute of limitation of this state.

Section 98

	Text of Section 98: Repealed.

NOTE: Former Section 98 read as follows:

Original Text of Section 98: “No lottery shall ever be allowed, or be advertised by newspapers, or otherwise, or its tickets be sold in this state; and the legislature shall provide by law for the enforcement of this provision; nor shall any lottery heretofore authorized by permitted to be drawn or its tickets sold.” The repeal of Section 98 was proposed by Laws 1992, ch. 713, Senate Concurrent Resolution No. 512, and upon ratification by the electorate on November 3, 1992, was deleted by proclamation of the Secretary of State on December 8, 1992.

Section 99

	Text of Section 99: Election of officers by legislature The Legislature shall not elect any other than its own officers and State Librarian.

Amendments

• The 1990 amendment to Section 99 was proposed by Laws 1990, ch. 693, Senate Concurrent Resolution No. 528, and upon ratification by the electorate on November 6, 1990, and inserted by proclamation of the Secretary of State on December 19, 1990.

The United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws 1990, ch. 693, on September 11, 1990.

Section 100

Text of Section 100: Release of obligation or liability owed to State or political subdivision No obligation or liability of any person, association, or corporation held or owned by this state, or levee board, or any county, city, or town thereof, shall ever be remitted, released or postponed, or in any way diminished by the legislature, nor shall such liability or obligation be extinguished except by payment thereof into the proper treasury; nor shall such liability or obligation be exchanged or transferred except upon payment of its face value; but this shall not be construed to prevent the legislature from providing by general law for the compromise of doubtful claims.

Section 101

	Text of Section 101: Seat of State Government The seat of government of the state shall be at the city of Jackson, and shall not be removed or relocated without the assent of a majority of the electors of the state.

Miscellaneous

Section 102

Text of Section 102: Elections for State and County Officers All general elections for state and county officers shall commence and be holden every four years, on the first Tuesday after the first Monday in November, until altered by the law; and the electors, in all cases except in cases of treason, felony, and breach of peace, shall be privileged from arrest during their attendance at elections and in going to and returning therefrom.

Section 103

Text of Section 103: Filling Public Officer Vacancies; Compensation and Powers of Officers In all cases, not otherwise provided for in this constitution, the legislature may determine the mode of filling all vacancies, in all offices, and in cases of emergency provisional appointments may be made by the governor, to continue until the vacancy is regularly filled; and the legislature shall provide suitable compensation for all officers, and shall define their respective powers.

Section 104

	Text of Section 104: Statutes of Limitation Not to Run Against State and Political Subdivisions Statutes of limitation in civil causes shall not run against the state, or any subdivision or municipal corporation thereof.

Section 105

	Text of Section 105: Repealed.

NOTE: Former Section 105 provided for the decennial enumeration of inhabitants and qualified electors in the state.

Amendments

• An amendment eliminating the foregoing section was submitted to the people by the Legislature at the session of 1894, Laws 1894, ch. 43; an election was held in November, 1894, and seems to have resulted in favor of the elimination of the section, but no action was taken by the Legislature after the election.

• The repeal of Section 105 was proposed by Laws 1977, ch. 586, Senate Concurrent Resolution No. 555, and upon ratification by the electorate on November 7, 1978, was deleted by proclamation of the Secretary of State on December 22, 1978.

Section 106

	Text of Section 106: State Librarian There shall be a state librarian, to be chosen by the legislature, on joint vote of the two (2) houses, to serve four (4) years, whose duties and compensation shall be prescribed by law.

Amendments

• The 1977 amendment to Section 106 was proposed by Laws 1977, ch. 591, Senate Concurrent Resolution No. 587 of the 1977 regular session of the Legislature, and upon ratification by the electorate on November 7, 1978, was inserted by proclamation of the Secretary of State on December 22, 1978.

Section 107

Text of Section 107: Bidding and Other Requirements for Certain Contracts All stationery, printing, paper, and fuel, used by the legislature, and other departments of the government, shall be furnished, and the printing and binding of the laws, journals, department reports, and other printing and binding, and the repairing and furnishing the halls and rooms used for the meeting of the legislature and its committees, shall be performed under contract, to be given to the lowest responsible bidder, below such maximum and under such regulations as may be prescribed by law. No member of the legislature or officer of any department shall be in any way interested in such contract, and all such contracts shall be subject to the approval of the governor and state treasurer.

Note: Senate Concurrent Resolution No. 514, enacted as ch. 655, Laws 1984, adopted by the Senate on April 26, 1984, and the House of Representatives on April 25, 1984, proposed to repeal Section 107. The proposed repeal was submitted to the electorate on November 6, 1984, but was rejected.

Section 108

	Text of Section 108: Termination of Duties Pertaining to Office Whenever the legislature shall take away the duties pertaining to any office, then the salary of the officer shall cease.

Section 109

Text of Section 109: Interest of Public Officer in Contracts No public officer or member of the legislature shall be interested, directly or indirectly, in any contract with the state, or any district, county, city, or town thereof, authorized by any law passed or order made by any board of which he may be or may have been a member, during the term for which he shall have been chosen, or within one year after the expiration of such term.

NOTE: Senate Concurrent Resolution No. 548, ch. 655, Laws 1984, adopted by the Senate on April 26, 1984, and by the House of Representatives on April 25, 1984, proposed to amend Section 109. The proposed amendment was submitted to the electorate on November 6, 1984, but was rejected.

House Concurrent Resolution No. 63, ch. 526, Laws 1986, proposed to amend Section 109. The electorate, however, rejected the proposed amendment on June 3, 1986.

Section 110

	Text of Section 110: Rights of Way for Private Roads The legislature may provide, by general law, for condemning rights of way for private roads, where necessary for ingress and egress by the party applying, on due compensation being first made to the owner of the property; but such rights of way shall not be provided for in incorporated cities and towns.

Section 111

Text of Section 111: Sale of Land by Decree or Execution All lands comprising a single tract sold in pursuance of decree of court, or execution, shall be first offered in subdivisions not exceeding one hundred and sixty acres, or one-quarter section, and then offered as an entirety, and the price bid for the latter shall control only when it shall exceed the aggregate of the bids for the same in subdivisions as aforesaid; but the chancery court, in cases before it, may decree otherwise if deemed advisable to do so.

Section 112

Text of Section 112: Equal Taxation; Property Tax Assessments Taxation shall be uniform and equal throughout the state. All property not exempt from ad valorem taxation shall be taxed at its assessed value. Property shall be assessed for taxes under general laws, and by uniform rules, and in proportion to its true value according to the classes defined herein. The Legislature may, by general laws, exempt particular species of property from taxation, in whole or in part. The Legislature shall provide, by general laws, the method by which the true value of taxable property shall be ascertained; provided, however, in arriving at the true value of Class I and Class II property, the appraisal shall be made according to current use, regardless of location. The Legislature may provide for a special mode of valuation and assessment for railroads, and railroad and other corporate property, or for particular species of property belonging to persons, corporations or associations not situated wholly in one (1) county. All such property shall be assessed in proportion to its value according to its class, and no county, or other taxing authority, shall be denied the right to levy county and/or special taxes upon such assessment as in other cases of property situated and assessed in the county, except that the Legislature, by general law, may deny or limit a county or other taxing authority the right to levy county and/or special taxes on nuclear-powered electrical generating plants. In addition to or in lieu of any such county and/or special taxes on nuclear-powered electrical generating plants, the Legislature, by general law enacted by a majority vote of the members of each house present and voting, may provide for a special mode of valuation, assessment and levy upon nuclear-powered electrical generating plants and provide for the distribution of the revenue derived therefrom. The Legislature may provide a special mode of assessment, fixing the taxable year, date of the tax lien, and method and date of assessing and collecting taxes on all motor vehicles. The assessed value of property shall be a percentage of its true value, which shall be known as its assessment ratio. The assessment ratio on each class of property as defined herein shall be uniform throughout the state upon the same class of property, provided that the assessment ratio of any one (1) class of property shall not be more than three (3) times the assessment ratio on any other class of property. For purposes of assessment for ad valorem taxes, taxable property shall be divided into five (5) classes and shall be assessed at a percentage of its true value as follows: Class I. Single-family, owner-occupied, residential real property, at ten percent (10%) of true value. Class II. All other real property, except for real property included in Class I or IV, at fifteen percent (15%) of true value. Class III. Personal property, except for motor vehicles and for personal property included in Class IV, at fifteen percent (15%) of true value. Class IV. Public utility property, which is property owned or used by public service corporations required by general laws to be appraised and assessed by the state or the county, excluding railroad and airline property and motor vehicles, at thirty percent (30%) of true value. Class V. Motor vehicles, at thirty percent (30%) of true value. The Legislature may, by general law, establish acreage limitations on Class I property.

Amendments

• The 1960 amendment to Section 112 proposed by Laws 1960, ch. 513,was ratified by the electorate on November 8, 1960, and was inserted by proclamation of the Secretary of State on November 23, 1960.

• The 1986 amendment to Section 112 was proposed by House Consurrent Resolution No. 41, ch. 522, Laws 1986, and was submitted to the electorate on June 3, 1986 and ratified.

• On June 16, 1986, the United States District Court for the Southern District of Mississippi enjoined the State of Mississippi from approving, implementing or administering the constitutional amendment until such time that the conduct of the election had been approved by the Attorney General of the United States.

• By proclamation of the Secretary of State on June 19, 1986, the amendment to Section 112 was inserted in the Constitution.

• On July 7, 1986, the Attorney General of the United States approved the conduct of the election for ratification of House Concurrent Resolution No. 41, ch. 522, Laws 1986, amending Section 112 of the Constitution.

• On July 10, 1986, the United States District Court for the Southern District of Mississippi, Jackson, Mississippi (Eddie Burrell, et al. v William A. Allain, Governor of Mississippi, et al, Civil Action No. J86-0373 (L)) lifted and dissolved the injunction issued on June 16, 1986 without prejudice to any right to relief the plaintiffs might establish upon further proceedings.

Section 113

	Text of Section 113: Auditor’s Statement of Money Expended at Session The auditor shall, within sixty days after the adjournment of the legislature, prepare and publish a full statement of all money expended at such session, specifying the items and amount of each item, and to whom, and for what paid; and he shall also publish the amounts of all appropriations.

NOTE: MS Code §7-7-2, as added by Laws 1984, ch. 488, §90, and amended by Laws 1985, ch. 455, §1, Laws 1986, ch. 499, §1, provided, at subsection (2) therein, that the words “state auditor of public accounts,” “state auditor,” and “auditor” appearing in the laws of the state in connection with the performance of auditor’s functions transferred to the state fiscal management board, shall mean the state fiscal management board, and, more particularly, such words or terms shall mean the state fiscal management board whenever they appear.

Thereafter, Laws 1989, ch. 532, §2, amended §7-7-2 to provide that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of auditor’s functions shall mean State Fiscal Officer, and more particularly, such words or terms shall mean the State Fiscal Officer whenever they appear.

Subsequently, Laws 1989, ch. 544, §17, effective July 1, 1989, and codified as §27-104-6, provides that wherever the term “State Fiscal Officer” appears in any law it sahll mean “Executive Director of the epartment of Finance and Administration.”

Section 114

	Text of Section 114: Election Returns Returns of all elections by the people shall be made to the secretary of state in such manner as shall be provided by law.

Section 115

Text of Section 115: Fiscal Year; Report of Transactions; Bonded Indebtedness Limitation The fiscal year of the State of Mississippi shall commence on the first day of July and end on the thirtieth day of June of each year; and the Auditor of Public Accounts and the Treasurer of the State shall compile, and have published, a full and complete report, showing the transactions of their respective offices on or before the thirty-first day of December of each year for the preceding fiscal year. Neither the State nor any of its direct agencies, excluding the political subdivisions and other local districts, shall incur a bonded indebtedness in excess of one and one half (1 1/2) times the sum of all the revenue collected by it for all purposes during any one of the preceeding four fiscal years, whichever year might be higher.

Amendments

• The 1960 amendment to Section 115 was proposed by Laws 1960, ch. 522 and upon ratification by the electorate on November 8, 1960, was inserted by proclamation of the Secretary of State on November 23, 1960.
• This section, prior to its amendment in 1935, provided for a fiscal year commencing on the first day of October, and ending on the thirtieth day of September.

See also

• State constitution
• Constitutional article
• Constitutional amendment
• Constitutional revision
• Constitutional convention
• Amendments
  • Initiated constitutional amendment
  • Legislatively-referred constitutional amendment
  • Publication requirements for proposed state constitutional amendments
  • Rules about constitutional conventions in state constitutions
  • State constitutional articles governing state legislatures

External links

Suggest a link

• Mississippi SOS, "Mississippi Constitution" (HTML)
• Mississippi SOS, "Mississippi Constitution" (PDF)
• Mississippi Department of Archives and History, "Mississippi History Timeline"
• Mississippi History Now, "Constitutions of Mississippi"
• Mississippi History Now, "Mississippi Constitution of 1890"
• Mississippi History Now, "Mississippi Constitution of 1868"
• Mississippi History Now, "Mississippi Constitution of 1832"
• Mississippi History Now, "Mississippi Constitution of 1817"

Additional reading

• Winkle, John W. (2014). The Mississippi State Constitution, New York, New York: Oxford University Press
• L.A. Times, "148 years later, Mississippi ratifies amendment banning slavery"