MISSISSIPPI CONSTITUTION
ARTICLE IV
LEGISLATIVE DEPARTMENT
§33 | COMPOSITION OF LEGISLATURE
§34 | COMPOSITION OF HOUSE OF REPRESENTATIVES
§35 | COMPOSITION OF SENATE
§36 | SESSIONS
Footnotes
§37 | ELECTIONS FOR MEMBERS
§38 | ELECTION OF OFFICERS BY EACH HOUSE
§39 | PRESIDENT PRO TEMPORE OF SENATE
QUALIFICATIONS AND PRIVILEGES OF LEGISLATORS
§40 | OATH OF OFFICE
“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.”
§41 | QUALIFICATIONS OF HOUSE OF REPRESENTATIVES MEMBERS
§42 | QUALIFICATIONS OF SENATORS
§43 | PERSON LIABLE FOR PUBLIC MONIES INELIGIBLE FOR OFFICE
§44 | INELIGIBILITY FOR OFFICE OF PERSON CONVICTED OF CERTAIN CRIMES
(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.
Footnotes
§45 | MEMBER ELIGIBILITY FOR OFFICES CREATED DURING TERM OF OFFICE
§46 | SALARIES OF MEMBERS
§47 | FEES OR REWARDS PROHIBITED
§48 | IMMUNITY OF MEMBERS FROM ARREST FOR CERTAIN CRIMES
§49 | POWER OF IMPEACHMENT
§50 | IMPEACHMENT GROUNDS
§51 | REMOVAL FROM OFFICE
§52 | PERSONS TO PRESIDE IN IMPEACHMENT PROCEEDINGS
§53 | REMOVAL OF JUDGES FOR REASONABLE CAUSE
RULES OF PROCEDURE
§54 | QUORUM
§55 | DETERMINATION OF RULES BY EACH HOUSE
§56 | STYLE OF LAWS
§57 | ADJOURNMENTS; MEETING PLACE
§58 | OPEN DOOR POLICY; DISORDERLY BEHAVIOR
§59 | INTRODUCTION AND PASSAGE OF BILLS
Footnotes
§60 | AMENDMENT OF BILL; ORDERS, VOTES AND RESOLUTIONS
§61 | AMENDMENT OR REVIVAL BY REFERENCE TO TITLE PROHIBITED
§62 | VOTING ON AMENDMENTS; ADOPTION OF COMMITTEE REPORTS
§63 | MAXIMUM SUM FIXED IN APPROPRIATION BILL
§64 | TIME LIMIT AND VOTING REQUIREMENTS FOR APPROPRIATIONS
§65 | RECONSIDERATION OF VOTES
§66 | LAW GRANTING DONATION OR GRATUITY
§67 | TIME LIMIT FOR INTRODUCING NEW BILL
§68 | PRECEDENCE AND TIME LIMITS FOR APPROPRIATION AND REVENUE BILLS
§69 | CONTENTS OF APPROPRIATION BILLS
§70 | VOTES REQUIRED FOR PASSAGE OF REVENUE OR PROPERTY ASSESSMENT BILLS
§71 | TITLE OF BILL; COMMITTEE RECOMMENDATIONS
§72 | APPROVAL OR DISAPPROVAL OF BILL BY GOVERNOR; VETO OVERRIDE PROCESS
Footnotes
§73 | VETO OF PARTS OF APPROPRIATIONS BILL
§74 | REFERRAL OF BILL TO COMMITTEE
§75 | ENFORCEMENT OF LAWS OF GENERAL NATURE
§76 | VIVA VOCE VOTE
§77 | WRITS OF ELECTION TO FILL LEGISLATIVE VACANCIES24
INJUNCTIONS
§78 | SALARY DEDUCTIONS FOR NEGLECT OF OFFICIAL DUTY
§79 | SALE OF DELINQUENT TAX LANDS; RIGHT OF REDEMPTION
§80 | ABUSE OF CERTAIN LOCAL GOVERNMENT UNIT POWERS
§81 | OBSTRUCTION OF NAVIGABLE WATERS; CERTAIN CONSTRUCTION PROJECTS AUTHORIZED
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.
Footnotes
§82 | OFFICIAL BONDS; FIXING PENALTIES
§83 | FIRE SAFETY IN CERTAIN PUBLIC PLACES
§84 | ACQUISITION OF LAND BY NONRESIDENT ALIENS AND CORPORATIONS
§85 | WORKING OF PUBLIC ROADS BY CONTRACT OR BY COUNTY PRISONERS
§86 | CARE OF INSANE AND INDIGENT SICK
LOCAL LEGISLATION
§87 | SPECIAL OR LOCAL LAWS
§88 | CONTENT OF GENERAL LAWS
§89 | STANDING COMMITTEE FOR LOCAL AND PRIVATE LEGISLATION IN EACH HOUSE
§90 | MATTERS PROVIDED FOR BY GENERAL LAWS ONLY
(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
§91 | UNIFORM APPLICATION OF CHARGES AND FEES
§92 | SALARY OF DECEASED OFFICER
§93 | RETIREMENT OF OFFICER ON PAY
§94 | DISABILITY ON ACCOUNT OF COVERTURE ABOLISHED
§95 | DONATION OR SALE OF STATE LANDS; RAILROAD EASEMENTS
§96 | EXTRA COMPENSATION AND UNAUTHORIZED PAYMENTS PROHIBITED
§97 | REVIVAL OF ACTION BARRED BY LIMITATIONS PROHIBITED
§98 | REPEALED
Footnotes
“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 be permitted to be drawn or its tickets sold.”The repeal of Section 98 of Article 4 of the Mississippi Constitution of 1890 was proposed by Laws, 1992, ch. 713 (Senate Concurrent Resolution No. 512), and upon ratification by the electorate on November 3, 1992, was deleted from the Constitution by proclamation by the Secretary of State on December 8, 1992.
§99 | ELECTION OF OFFICERS BY LEGISLATURE
§100 | RELEASE OF OBLIGATION OR LIABILITY OWED TO STATE OR POLITICAL SUBDIVISION
§101 | SEAT OF STATE GOVERNMENT
MISCELLANEOUS
§102 | ELECTIONS FOR STATE AND COUNTY OFFICERS
§103 | FILLING PUBLIC OFFICER VACANCIES; COMPENSATION AND POWERS OF OFFICERS
§104 | STATUTES OF LIMITATION NOT TO RUN AGAINST STATE AND POLITICAL SUBDIVISIONS
§105 | REPEALED
Footnotes
An amendment eliminating the foregoing section was submitted to the people by the legislature at the session of 1894, see 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 of Article 4 of the Constitution of 1890 was proposed by Laws, 1977, ch. 586 (Senate Concurrent Resolution No. 555) and upon ratification by the electorate on November 7, 1978, was deleted from the Constitution by proclamation of the Secretary of State on December 22, 1978.
§106 | STATE LIBRARIAN
Footnotes
§107 | BIDDING AND OTHER REQUIREMENTS FOR CERTAIN CONTRACTS
§108 | TERMINATION OF DUTIES PERTAINING TO OFFICE
§109 | INTEREST OF PUBLIC OFFICER IN CONTRACTS
Notes
Laws, 1986, ch. 526 (HCR No. 63), proposed to amend Section 109, Mississippi Constitution of 1890. The electorate, however, rejected the proposed amendment on June 3, 1986.
§110 | RIGHTS OF WAY FOR PRIVATE ROADS
§111 | SALE OF LAND BY DECREE OR EXECUTION
§112 | EQUAL TAXATION; PROPERTY TAX ASSESSMENTS
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 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.
Footnotes
The 1986 amendment to Section 112 of the Constitution was proposed by House Concurrent Resolution No. 41 (Laws, 1986, ch. 522) 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 of the Constitution of 1890, 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 (Laws, 1986, ch. 522) amending Section 112 of the Mississippi 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.
The source line for this section has been set out above to correct an error appearing in the main volume.
§113 | AUDITOR’S STATEMENT OF MONEY EXPENDED AT SESSION
§114 | ELECTION RETURNS
§115 | FISCAL YEAR; REPORT OF TRANSACTIONS; BONDED INDEBTEDNESS LIMITATION
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 preceding four fiscal years, whichever year might be higher.
Footnotes
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.
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