§§ 3-1-1 through 3-1-35. Repealed.

Repealed by Laws, 1977, ch. 320, § 1, eff from and after passage (approved March 4, 1977).

§§3-1-1 through §3-1-35. [Codes, 1942, §§ 9028-31 through 9028-47; Laws, 1956, ch. 365, §§ 1-17]

§ 3-3-1. Limits and boundaries of the territorial waters of the State of Mississippi.

The limits and boundaries of the territorial waters of the State of Mississippi shall consist of all territory included within the boundaries described in the act of Congress of March 1, 1817, together with all territory ceded to the State of Mississippi by later acts of Congress or by compacts or agreements with other states, as such territory and boundaries may have been or may be modified by the United States Supreme Court which extends three (3) miles of Cat Island, Ship Island, Horn Island and Petit Bois Island off shore to three (3) Marine Leagues.

HISTORY: Codes, 1857, ch. 2, art. 1; 1871, § 18; 1880, § 21; 1892, § 345; 1906, § 403; Hemingway’s 1917, § 3817; 1930, § 3885; 1942, § 3020; Laws, 2013, ch. 398, § 1, eff from and after July 1, 2013.

§ 3-3-3. How state divided into counties.

The State of Mississippi is divided into the following counties, to wit: Adams, Alcorn, Amite, Attala, Benton, Bolivar, Calhoun, Carroll, Chickasaw, Choctaw, Claiborne, Clarke, Clay, Coahoma, Copiah, Covington, De Soto, Forrest, Franklin, George, Greene, Grenada, Hancock, Harrison, Hinds, Holmes, Humphreys, Issaquena, Itawamba, Jackson, Jasper, Jefferson, Jefferson Davis, Jones, Kemper, Lafayette, Lamar, Lauderdale, Lawrence, Leake, Lee, Leflore, Lincoln, Lowndes, Madison, Marion, Marshall, Monroe, Montgomery, Neshoba, Newton, Noxubee, Oktibbeha, Panola, Pearl River, Perry, Pike, Pontotoc, Prentiss, Quitman, Rankin, Scott, Sharkey, Simpson, Smith, Stone, Sunflower, Tallahatchie, Tate, Tippah, Tishomingo, Tunica, Union, Walthall, Warren, Washington, Wayne, Webster, Wilkinson, Winston, Yalobusha, and Yazoo, which are bounded as described in Chapter 1 of Title 19 of this Code.

HISTORY: Codes, 1857, ch. 2, art. 3; 1871, § 19; 1880, § 22; 1892, § 346; 1906, § 404; Hemingway’s 1917, § 3818; 1930, § 3886; 1942, § 3021.

§ 3-3-5. How far counties on Mississippi River and Gulf of Mexico extend.

The counties lying immediately on the Mississippi River shall, respectively, have and possess jurisdiction and extend to the western boundary of the state, within the space embraced, by extending their boundary lines which strike the river, on a continuous direct course to the extreme boundary of the state, including all islands that may be within the limits just defined; and the counties bordering on the Gulf of Mexico, to wit: Jackson, Harrison and Hancock, shall, respectively, have and possess jurisdiction and extend to the southern boundary of the state within the space embraced by extending their boundary lines which strike the Gulf of Mexico, or the inlets thereto, on a continuous direct course to the southern boundary of the state, including all islands that may lie within the limits thus defined.

HISTORY: Codes, 1857, ch. 2, art. 2; 1880, § 23; 1892, § 347; 1906, § 405; Hemingway’s 1917, § 3819; 1930, § 3887; 1942, § 3022.

§ 3-3-7. Legal holidays.

1. Except as otherwise provided in subsection (2) of this section, the following are declared to be legal holidays, viz: the first day of January (New Year’s Day); the third Monday of January (Robert E. Lee’s birthday and Dr. Martin Luther King, Jr.’s birthday); the third Monday of February (Washington’s birthday); the last Monday of April (Confederate Memorial Day); the last Monday of May (National Memorial Day and Jefferson Davis’ birthday); the fourth day of July (Independence Day); the first Monday of September (Labor Day); the eleventh day of November (Armistice or Veterans’ Day); the day fixed by proclamation by the Governor of Mississippi as a day of Thanksgiving, which shall be fixed to correspond to the date proclaimed by the President of the United States (Thanksgiving Day); and the twenty-fifth day of December (Christmas Day). In the event any holiday hereinbefore declared legal shall fall on Sunday, then the next following day shall be a legal holiday.
2. In lieu of any one (1) legal holiday provided for in subsection (1) of this section, with the exception of the third Monday in January (Robert E. Lee’s and Martin Luther King, Jr.’s birthday) and the eleventh day of November (Armistice or Veterans Day), the governing authorities of any municipality or county may declare, by order spread upon its minutes, Mardi Gras Day or any one (1) other day during the year, to be a legal holiday.
3. August 16 is declared to be Elvis Aaron Presley Day in recognition and appreciation of Elvis Aaron Presley’s many contributions, international recognition and the rich legacy left to us by Elvis Aaron Presley. This day shall be a day of recognition and observation and shall not be recognized as a legal holiday.
4. May 8 is declared to be Hernando de Soto Day in recognition, observation and commemoration of Hernando de Soto, who led the first and most imposing expedition ever made by Europeans into the wilds of North America and the State of Mississippi, and in further recognition of the Spanish explorer’s 187-day journey from the Tombigbee River basin on our state’s eastern boundary, westward to the place of discovery of the Mississippi River on May 8, 1541. This day shall be a day of commemoration, recognition and observation of Hernando de Soto and European exploration and shall not be recognized as a legal holiday.
5. Armistice Day (Veterans Day) shall be observed by appropriate exercises in all the public schools in the State of Mississippi. The superintendent of schools of each public school district is authorized to provide for the appearance of uniformed military personnel, uniformed veterans or the families of fallen military personnel/veterans at such public school exercises in honor of Armistice (Veterans) Day. The superintendent of schools is also authorized to permit the school band and its director(s) at any public school in the district to perform at Armistice (Veterans) Day exercises in the school district upon the request of public officials or veterans associations without loss of any program credit by participating students and without loss of leave by participating school personnel.

HISTORY: Codes, 1880, § 1132; 1892, § 3514; 1906, § 4011; Hemingway’s 1917, § 2045; 1930, § 5024; 1942, § 5946; Laws, 1924, ch. 343; Laws, 1940, ch. 138; Laws, 1948, ch. 365; Laws, 1966, ch. 563, § 1; Laws, 1970, ch. 460, § 1; Laws, 1987, ch. 301; Laws, 1987, ch. 398; Laws, 1988, ch. 566; Laws, 1993, ch. 301, § 1; Laws, 1997, ch. 339, § 1; Laws, 2011, ch. 491, § 1, eff from and after July 1, 2011.

§ 3-3-8. Designation of first week in May as Hernando de Soto Week.

The first week in May of each year is declared to be Hernando de Soto Week in Mississippi in recognition, observation and commemoration of Hernando de Soto who led the first and most imposing expedition ever made by Europeans into the wilds of North America and the State of Mississippi, and in further recognition of the Spanish explorer’s 187-day journey from the Tombigbee River basin on our state’s eastern boundary, westward to the place of discovery of the Mississippi River on May 8, 1541.

This week shall be a week of recognition, observation and commemoration of Hernando de Soto and European exploration and no day of this week shall be recognized as a legal holiday.

HISTORY: Laws, 1988, ch. 567, eff from and after passage (approved May 21, 1988).

§ 3-3-9. State tree.

The magnolia or evergreen magnolia (Magnolia grandiflora L.) is herewith designated as the state tree of Mississippi.

HISTORY: Codes, 1942, § 6192; Laws, 1938, ch. 366.

§ 3-3-11. State bird.

The bird commonly called the mocking bird is hereby designated the state bird of the State of Mississippi.

HISTORY: Codes, 1942, § 6192-01; Laws, 1944, ch. 326, § 1.

§ 3-3-13. State flower.

The flower or bloom of the magnolia or evergreen magnolia (Magnolia grandiflora L.) is hereby designated as the state flower of Mississippi.

HISTORY: Codes, 1942, § 6192-02; Laws, 1952, ch. 340.

§ 3-3-14. State wildflower.

The Coreopsis sp. is hereby designated as the state wildflower of Mississippi.

HISTORY: Laws, 1991, ch. 339, § 1, eff from and after July 1, 1991.

§ 3-3-15. Display of state flag.

The state flag may be displayed from all public buildings from sunrise to sunset; however, the state flag may be displayed from all public buildings twenty-four (24) hours a day if properly illuminated. The state flag should not be displayed when the weather is inclement, except when an all-weather flag is displayed. The state flag shall receive all of the respect and ceremonious etiquette given the American flag. Provided, however, nothing in this section shall be construed so as to affect the precedence given to the flag of the United States of America.

HISTORY: Codes, 1942, § 6216-08.5; Laws, 1962, ch. 492, §§ 1-3; Laws, 1984, ch. 357, eff from and after passage (approved April 16, 1984).

§ 3-3-15.1. Display of POW/MIA flag.

1. The Legislature enacts this section as the symbol of the nation’s and the state’s commitment to achieving the fullest possible accounting for Mississippians who have been or in the future may become prisoners of war, missing in action or otherwise unaccounted for as a result of hostile action.
2. As used in this section, the term “POW/MIA Flag” means the National League of Families POW/MIA Flag recognized officially and designated by Section 2 of Public Law 101-355 (36 USCS Section 189).
3. The Bureau of Capitol Facilities shall display the POW/MIA Flag in a prominent place at the New Capitol Building on the following days:
   1. Armed Forces Day, the third Saturday in May;
   2. Memorial Day, the last Monday in May;
   3. Flag Day, June 14;
   4. Independence Day, July 4;
   5. National POW/MIA Recognition Day; and
   6. Veterans Day, November 11.
4. Such display shall serve as the symbol of the nation’s and the state’s concern and commitment to achieving the fullest possible accounting of Americans and Mississippians who, having been prisoners of war or missing in action, still remain unaccounted for.
5. This section shall not be construed or applied so as to either require or prohibit the display of the POW/MIA Flag by any county, municipality or public school district in Mississippi.

HISTORY: Laws, 2006, ch. 519, § 1, eff from and after passage (approved Apr. 3, 2006.).

§ 3-3-16. Design of state flag.

The official flag of the State of Mississippi shall have the following design: with width two-thirds (2/3) of its length; with the union (canton) to be square, in width two-thirds (2/3) of the width of the flag; the ground of the union to be red and a broad blue saltire thereon, bordered with white and emblazoned with thirteen (13) mullets or five-pointed stars, corresponding with the number of the original States of the Union; the field to be divided into three (3) bars of equal width, the upper one blue, the center one white, and the lower one, extending the whole length of the flag, red (the national colors); this being the flag adopted by the Mississippi Legislature in the 1894 Special Session.

HISTORY: Laws, 2001, ch. 301, § 2, eff from and after February 7, 2001 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the addition of this section.).

§ 3-3-17. State land mammals.

The white-tailed deer (Odocoileus virginianus) and the red fox (Vulpes vulpes) are designated the state land mammals of Mississippi.

HISTORY: Laws, 1974, ch. 551, § 1; Laws, 1997, ch. 411, § 1, eff from and after July 1, 1997.

§ 3-3-19. State water mammal.

The bottlenosed dolphin (Tursiops truncatus), commonly called the porpoise, is hereby designated the state water mammal of Mississippi.

HISTORY: Laws, 1974, ch. 551, § 2, eff from and after passage (approved April 12, 1974).

§ 3-3-20. State reptile.

The American Alligator (Alligator Mississippiensis) is hereby designated the State Reptile of Mississippi.

HISTORY: Laws, 2005, ch. 302, § 1, eff from and after July 1, 2005.

§ 3-3-21. State fish.

The largemouth bass (Micropterus salmoides) is hereby designated the state fish of Mississippi.

HISTORY: Laws, 1974, ch. 551, § 3, eff from and after passage (approved April 12, 1974).

§ 3-3-23. State shell.

The oyster shell is hereby designated the state shell of Mississippi.

HISTORY: Laws, 1974, ch. 551, § 4, eff from and after passage (approved April 12, 1974).

§ 3-3-25. State waterfowl.

The wood duck (Aix sponsa) is hereby designated the state waterfowl of Mississippi.

HISTORY: Laws, 1974, ch. 551, § 5, eff from and after passage (approved April 12, 1974).

§ 3-3-27. State insect.

The honeybee (Apis mellifera) is hereby designated the State Insect of Mississippi.

HISTORY: Laws, 1980, ch. 317, eff from and after July 1, 1980.

§ 3-3-29. State beverage.

Milk is hereby designated the state beverage of Mississippi.

HISTORY: Laws, 1984, ch. 394, eff from and after July 1, 1984.

§ 3-3-31. State language.

The English language is the official language of the State of Mississippi.

HISTORY: Laws, 1987, ch. 439, eff from and after July 1, 1987.

§ 3-3-33. State butterfly.

The spicebush swallowtail (Pterourus troilus) is hereby designated the state butterfly of Mississippi.

HISTORY: Laws, 1991, ch. 315, § 1, eff from and after July 1, 1991.

§ 3-3-35. “Retired Teachers Day” designated.

The Sunday preceding Thanksgiving Day of each year is declared to be “Retired Teachers Day” in recognition and commemoration of the work of all retired educators who have devoted their careers to the mental and physical development of the youth of this state.

HISTORY: Laws, 1991, ch. 346 § 1, eff from and after passage (approved March 15, 1991).

§ 3-3-37. State Grand Opera House.

The Grand Opera House of Meridian is designated the official State Grand Opera House of Mississippi.

HISTORY: Laws, 1993, ch. 313, § 1, eff from and after passage (approved March 11, 1993).

§ 3-3-39. State dance.

The dance known as the square dance is hereby designated and adopted as the American folk dance of the State of Mississippi.

HISTORY: Laws, 1995, ch. 303, § 1, eff from and after July 1, 1995.

§ 3-3-41. Mississippi Coat of Arms.

1. The Mississippi Coat-of-Arms shall have the following design: a shield, blue in color, with an eagle upon it with extended pinions, holding in the right talon a palm branch and bundle of arrows in the left, with the word “Mississippi” above the eagle; the lettering on the shield and the eagle to be in gold; below the shield two (2) branches of the cotton stalk, saltier wise, and a scroll below extending upward and on each side three-fourths (3/4) of the length of the shield; upon the scroll, which is to be red, the motto to be printed in gold letters upon white spaces, the motto to be “Virtute et Armis”; this being the same Coat-of-Arms adopted by the Legislature in Chapter 37, Laws of the Extraordinary Session of 1894.
2. The Governor of the State is authorized and empowered to procure a steel plate and one (1) metal electrotype plate for printing and engraving the Coat-of-Arms, which plates shall be preserved in the Office of the Secretary of State.

HISTORY: Laws, 2001, ch. 303, § 1, eff from and after passage (approved Feb. 7, 2001.).

§ 3-3-42. The Great Seal of the State of Mississippi.

It shall be the duty of the Secretary of State to procure the official seal of this state as described in this section.

The center of the seal shall have an eagle displayed proper, holding an olive branch in his dexter talon and a bundle of three (3) arrows in his sinister talon. The shield on the breast of the eagle shall have eleven (11) vertical stripes of alternating white and red, supporting a chief of blue with eleven (11) white five-pointed stars in two (2) rows with five (5) stars in each row and one (1) star centered over the third column.

The margins dexter and sinister of the center point of the shield shall each have one (1) white five-pointed star. The margin over the eagle shall have the inscription “THE GREAT SEAL OF THE STATE OF MISSISSIPPI.” The margin under the eagle shall have the inscription “IN GOD WE TRUST.”

The official seal need not be printed or otherwise displayed in color.

HISTORY: Laws, 2014, ch. 474, § 2, eff from and after July 1, 2014.

§ 3-3-42.1. Replacement of older version of state seal.

All state agencies shall continue to use stationery and other supplies having the great seal thereon as it existed before July 1, 2014, until such stationery and other supplies are depleted. The great seal as it existed before July 1, 2014, affixed on any public buildings, property or any other item shall remain thereon until the replacement of the seal due to normal wear or until replacement with any nonpublic funds.

HISTORY: Laws, 2014, ch. 474, § 3, eff from and after July 1, 2014.

§ 3-3-43. State toy.

The Teddy Bear is designated the state toy of Mississippi, in recognition of the Mississippi connection to the origin of the Teddy Bear. The connection is that on November 14, 1902, during a hunting expedition led by distinguished Mississippian Holt Collier in Smedes, Mississippi, President Theodore Roosevelt refused to shoot a small, exhausted black bear. The shot not fired at a baby bear in the Mississippi Delta became a great credit to the heroic and sportsmanlike conduct of President Roosevelt, and because of the President’s journey to Mississippi, the stuffed bear toy was appropriately named the “Teddy Bear,” a positive symbol of love, comfort and joy for children of all ages.

HISTORY: Laws, 2002, ch. 466, § 1; Laws, 2003, ch. 361, § 1, eff from and after passage (approved Mar. 13, 2003.).

§ 3-3-45. State soil.

Natchez silt loam (coarse-silty, mixed, superactive, thermic, Typic Eutrudepts) is hereby designated as the official state soil of Mississippi.

HISTORY: Laws, 2003, ch. 360, § 1, eff from and after passage (approved Mar. 13, 2003.).

§ 3-3-47. State Automobile Museum.

The Tupelo Auto Museum, Inc., is designated as the state automobile museum.

HISTORY: Laws, 2003, ch. 362, § 1, eff from and after July 1, 2003.

§ 3-3-48. State wildlife heritage museum.

The Mississippi Wildlife Heritage Museum in Leland, Mississippi, is designated as the official state wildlife heritage museum.

HISTORY: Laws, 2016, ch. 303, § 1, eff from and after passage (approved Mar. 28, 2016).

§ 3-3-49. State Historical Industrial Museum.

The Mississippi Industrial Heritage Museum, Incorporated, is designated as the state historical industrial museum.

HISTORY: Laws, 2004, ch. 451, § 1, eff from and after July 1, 2004.

§ 3-3-51. “Nurses Month” designated.

The month of May of each year is designated as “Nurses Month” to promote and honor the hard work and dedication of nurses in the State of Mississippi.

HISTORY: Laws, 2006, ch. 301, § 1, eff from and after passage (approved Feb. 7, 2006.).

§ 3-3-53. “Mississippi Health Awareness Day” designated.

The third Thursday of January of each year is designated as Mississippi Health Awareness Day to promote health and disease prevention efforts throughout the State of Mississippi.

HISTORY: Laws, 2006, ch. 304, § 1, eff from and after passage (approved Feb. 14, 2006.).

§ 3-3-55. “Katrina Day of Remembrance” designated.

August 29 of each year is designated as “Katrina Day of Remembrance” in Mississippi in honor of the victims of this most destructive storm, to bring awareness of the destruction caused by hurricanes, and to call upon the citizens of Mississippi to join each other and the entire community that is linked by the Gulf of Mexico in a unified expression of faith and hope.

HISTORY: Laws, 2007, ch. 301, § 1, eff from and after July 1, 2007.

§ 3-3-57. State military history museum.

The Mississippi Military Department’s Armed Forces Museum is hereby designated as Mississippi’s official state military history museum.

The museum will henceforth be named “Mississippi Armed Forces Museum.”

HISTORY: Laws, 2010, ch. 472, § 9, eff from and after July 1, 2010.

§ 3-3-59. “Mississippi Musicians Day” designated.

The third Tuesday of every March shall be declared and celebrated as “Mississippi Musicians Day.”

HISTORY: Laws, 2015, ch. 468, § 2, eff from and after July 1, 2015.

§ 3-3-61. “Vietnam Veterans Day” designated.

In recognition of the service, courage and sacrifice of those valiant men and women of the United States Armed Forces who served during the Vietnam Conflict, March 29th of each year is designated as Vietnam Veterans Day in Mississippi.

HISTORY: Laws, 2017, ch. 302, § 1, eff from and after passage (approved Mar. 1, 2017).

§ 3-5-1. Consent given for acquisition of land by the United States for certain purposes.

The consent of the State of Mississippi is given, in accordance with the 17th Clause, 8th Section, and of the 1st article of the Constitution of the United States, to the acquisition by the United States, by purchase, condemnation or otherwise, of any land in this state which has heretofore been or may hereafter be acquired for custom houses, post offices, or other public buildings.

HISTORY: Codes, 1930, § 6055; 1942, § 4153; 1928, chs. 4, 85; brought forward without change, Laws, 2018, ch. 347, § 2, eff from and after July 1, 2018.

§ 3-5-3. Governor may cede jurisdiction to the United States for certain purposes.

The governor, upon application made to him in writing, on behalf of the United States, for the purpose of acquiring and holding lands or using any part of a public road of any county within the limits of this state, for the purpose of making, building, or constructing levees, canals, or any other works in connection with the improvement of rivers and harbors, or as a site for a fort, magazine, arsenal, dockyard, courthouse, custom house, lighthouse, post office, or other needful buildings, or for the purpose of locating and maintaining national military parks, or for any other public works or purposes accompanied by proper evidence of the purchase of such lands, or the consent of the board of supervisors of the proper county for such public roads to be used for said purpose, is authorized for the state to cede jurisdiction thereof to the United States for the purpose of the cession and none other.

HISTORY: Codes, 1892, § 2178; 1906 § 2395; Hemingway’s 1917, § 4788; 1930, § 6059; 1942, § 4157; Laws, 1900, ch. 67.

§ 3-5-5. Jurisdiction; relinquishment of jurisdiction to state as to land under control of federal Administrator of Veterans Affairs.

1. The exclusive jurisdiction in and over any land which has heretofore been, or may hereafter be, so acquired by the United States is hereby ceded to the United States for all purposes, except that the state retains the right to serve thereon all civil and criminal processes as provided in Section 3-5-9. The jurisdiction ceded hereby shall not vest until the United States shall have acquired title to the lands by purchase, condemnation, or otherwise, and shall continue no longer than the United States shall own such lands for the purposes for which acquired.
2. Full or partial jurisdiction may be relinquished to the state as to land or interests therein under the supervision and control of the Administrator of Veterans Affairs of the United States or the Secretary of the United States Army as follows:
   1. Notice in writing by the Administrator of Veterans Affairs or the Secretary of the United States Army shall be given to the Governor stating the intent to relinquish jurisdiction and stating specifically the extent of such relinquishment.
   2. The Governor may reject such relinquishment of jurisdiction by Executive Order filed with the Secretary of State prior to the effective date of such relinquishment. Upon request of any party or court, the Secretary of State shall certify by letter which shall be sufficient proof the existence or nonexistence of such executive order.
   3. Such relinquishment shall be effective as of 12 midnight of the last day of the month next succeeding the month in which such notice is received by the Governor.

HISTORY: Codes, 1930, § 6057; 1942, §§ 4154, 4155; Laws, 1928, chs. 4, 85; Laws, 1977, ch. 331; Laws, 1994, ch. 638, § 1, eff from and after passage (approved April 8, 1994).

§ 3-5-7. Tax exemption.

So long as the lands acquired by the United States pursuant to Sections 3-5-1 and 3-5-3 shall remain the property of the United States, and no longer, the same shall be exempt from all state, county and municipal taxation, assessment, or other charges which may be levied or imposed under authority of the state.

HISTORY: Codes, 1930, § 6057; 1942, § 4155; Laws, 1928, chs. 4, 85.

§ 3-5-9. Restrictions on cession.

The concession of jurisdiction to the United States over any part of the territory of the state, heretofore or hereafter made, shall not prevent the execution on such land of any process, civil or criminal, under the authority of this state, nor prevent the laws of this state from operating over such land; saving to the United States security to its property within the limits of the jurisdiction ceded.

HISTORY: Codes, 1892, § 2179; 1906, § 2396; Hemingway’s 1917, § 4789; 1930, § 6060; 1942, § 4158.

§ 3-5-11. State forfeited tax lands may be sold to the United States for certain purposes.

The land commissioner, with the approval of the governor, is hereby authorized to sell to the United States any state forfeited tax lands held by the state which lie within the boundaries of the DeSoto National Forest, or which lie within the boundaries of any national park or game preserve; provided, however, that in the event such lands are sold to the United States under the provisions of this section, all oil, gas and other mineral rights shall be reserved to the State of Mississippi, and such reservation shall be expressly incorporated in the patent. The limitation imposed by law upon the quantity of state forfeited tax lands which may be sold to a single individual shall not apply to sales of lands to the United States government under the provisions of this section; nor shall the amount of such lands embraced in a patent to the United States be limited to one-quarter of a section.

In cases where, in the opinion of the attorneys for the United States, the title to any such land is defective, and it is desirable to take the same by condemnation in the federal court, the attorney general of the State of Mississippi is hereby authorized to accept service of summons, or other legal process, or to enter an appearance on behalf of the State of Mississippi.

HISTORY: Codes, 1942, § 4091; Laws, 1936, ch. 174.

§ 3-5-13. National forest lands; acreage limitations; exemptions.

1. The consent of the State of Mississippi is hereby given to the acquisition by the United States, by purchase or gift, of land within or adjacent to existing national forests in Mississippi, subject to prior approval of: (1) the board of supervisors of the county wherein such land is located, by order spread upon its minutes; and (2) the Mississippi Forestry Commission; provided, however, that not more than twenty-five thousand (25,000) acres may be acquired in the entire state under the provisions of this section and Section 3-5-15.

   Provided further, that not more than five hundred (500) acres may be purchased or donated in any one (1) county outside the existing boundaries of any one (1) existing national forest.

   The provisions of this section and Section 3-5-15 shall not apply to, or be construed to prohibit, any landowner owning lands in the State of Mississippi who may desire to exchange any part or all of such lands with the United States Government, or any agency thereof, within the external boundaries of an existing national forest for an equal amount of land or lands of equal value owned by the United States Government, or any agency thereof.

2. There is hereby exempted from the provisions of this section and Section 3-5-15 any county in which State Highway No. 18 intersects State Highway No. 35 and any county in which State Highway No. 18 intersects State Highway No. 15.
3. There is hereby exempted from the provisions of this section any lands sold and conveyed by the State of Mississippi pursuant to Laws, 1998, ch. 304, § 1.

HISTORY: Codes, 1942, §§ 4156-01, 4156-02; Laws, 1966, ch. 675, §§ 1, 2; Laws, 1998, ch. 304, § 2, eff from and after passage (approved February 25, 1998).

§ 3-5-15. National forest lands; concurrent jurisdiction; grant of power to Congress.

The State of Mississippi shall retain concurrent jurisdiction with the United States in and over such lands which have heretofore been acquired by the United States, or that may be acquired under the provisions of Sections 3-5-13 and 3-5-15, and there is reserved to the state in such lands full civil and criminal jurisdiction concurrently with the federal government in all violations of the state and federal laws, and civil process in all cases, and such criminal process as may issue under the authority of the State of Mississippi against any person charged with the commission of any crime without or within the jurisdiction heretofore acquired by the United States over such lands, may be executed thereon in like manner as before the acquisition of the land by the United States. Power is hereby conferred upon the congress of the United States to pass such laws and to make or provide for the making of such rules of both civil and criminal nature and provide punishment for violation thereof as, in its judgment, may be necessary for the management, control and protection of such lands as have heretofore been acquired by the United States or that may be acquired under the provisions of Sections 3-5-13 and 3-5-15.

HISTORY: Codes, 1942, § 4156-03; Laws, 1966, ch. 675, § 3, eff from and after passage (approved May 20, 1966).

§ 3-5-17. Municipality may lease to United States.

Any municipality owning lands that the government of the United States or any department or agency thereof, desires to use for national defense purposes may, in the discretion of the governing authorities of such municipality, lease such lands to the government of the United States of America or any department or agency thereof, for national defense purposes on such terms and conditions as the governing authorities of such municipality may agree upon, and in the event any lands are leased under the provisions of this section to the United States government, any department or agency thereof, such land shall be exempt from all taxation the same as if title thereto was vested in the United States of America.

HISTORY: Codes, 1942, § 4128; Laws, 1942, ch. 171.

§ 3-7-1. Compact for a balanced budget; compact provisions.

The State of Mississippi enacts, adopts and agrees to be bound by the following compact:

ARTICLE I DECLARATION OF POLICY, PURPOSE AND INTENT

WHEREAS, every State enacting, adopting and agreeing to be bound by this Compact intends to ensure that their respective Legislature’s use of the power to originate a Balanced Budget Amendment under Article V of the Constitution of the United States will be exercised conveniently and with reasonable certainty as to the consequences thereof.

NOW, THEREFORE, in consideration of their expressed mutual promises and obligations, be it enacted by every State enacting, adopting and agreeing to be bound by this Compact, and resolved by each of their respective Legislatures, as the case may be, to exercise herewith all of their respective powers as set forth herein notwithstanding any law to the contrary.

ARTICLE II DEFINITIONS

Section 1. “Compact” means this “Compact for a Balanced Budget.”

Section 2. “Convention” means the convention for proposing amendments organized by this Compact under Article V of the Constitution of the United States and, where contextually appropriate to ensure the terms of this Compact are not evaded, any other similar gathering or body, which might be organized as a consequence of Congress receiving the application set out in this Compact and claim authority to propose or effectuate any amendment, alteration or revision to the Constitution of the United States. This term does not encompass a convention for proposing amendments under Article V of the Constitution of the United States that is organized independently of this Compact based on the separate and distinct application of any State.

Section 3. “State” means one of the several States of the United States. Where contextually appropriate, the term “State” shall be construed to include all of its branches, departments, agencies, political subdivisions, and officers and representatives acting in their official capacity.

Section 4. “Member State” means a State that has enacted, adopted and agreed to be bound to this Compact. For any State to qualify as a Member State with respect to any other State under this Compact,each such State must have enacted, adopted and agreed to be bound by substantively identical compact legislation.

Section 5. “Compact Notice Recipients” means the Archivist of the United States, the President of the United States, the Presidentof the United States Senate, the Office of the Secretary of the UnitedStates Senate, theSpeaker of the United States House of Representatives, the Office of the Clerk of the United States House of Representatives,the chief executive officer of each State, and the presiding officer(s) of each house of the Legislatures of the several States.

Section 6. Notice. All notices required by this Compact shall be by U.S. CertifiedMail, return receipt requested, or an equivalent or superior form of notice, such as personal delivery documented by evidence of actual receipt.

Section 7. “Balanced Budget Amendment” means the following:

“Article_______________

Section 1. Total outlaysof the government of the United States shall not exceed total receiptsof the government of the United States at any point in timeunlessthe excess of outlays over receipts is financed exclusively by debtissued in strict conformity with this article.

Section 2.Outstandingdebt shall not exceed authorized debt, which initially shall be anamount equal to one hundred five percent (105%) of the outstandingdebt on the effective date of this article. Authorizeddebt shallnot be increased above its aforesaid initial amount unless such increaseis first approved by the legislatures of the several states as providedin Section 3.

Section 3. Fromtime totime, Congress may increase authorized debt to an amount in excessof its initial amount set by Section 2 only if it first publicly refersto the legislatures of the several statesan unconditional, singlesubject measure proposing the amount of suchincrease, in such formas provided by law, and the measure is thereafterpublicly and unconditionallyapproved by a simple majority of the legislatures of the several states,in such form as provided respectively by state law; provided thatno inducement requiring an expenditure or taxlevy shall be demanded,offered or accepted as a quid pro quo for such approval. If such approvalis not obtained within sixty (60) calendar days after referral thenthe measure shall be deemeddisapproved and the authorized debt shallthereby remain unchanged.

Section 4. Whenever theoutstanding debt exceeds ninety-eight percent (98%)of the debt limitset by Section 2, the President shall enforce saidlimit by publiclydesignating specific expenditures for impoundment in an amount sufficientto ensure outstanding debt shall not exceed the authorized debt. Saidimpoundment shall become effective thirty (30) days thereafter, unlessCongress first designates an alternate impoundment of the same orgreater amount by concurrent resolution, which shall become immediatelyeffective. The failure of the President to designate or enforce therequired impoundment is an impeachable misdemeanor. Any purportedissuance or incurrence of any debt in excess of the debt limit setby Section 2 is void.

Section 5. No bill thatprovides for a new or increased general revenue tax shall becomelaw unless approved by a two-thirds (2/3) roll call vote of thewhole number of each House of Congress. However, thisrequirement shall not apply to any bill that provides for a new end user sales tax which would completely replace every existing income tax leviedby the government of the United States; or for the reduction or eliminationof an exemption, deduction, or credit allowed under an existing general revenue tax.

Section 6. Forpurposesof this article, “debt” means any obligation backedby the full faith and credit of the government of the United States;“outstanding debt” means all debtheld inanyaccountand by any entity at a given point in time; “authorizeddebt”means the maximum total amount of debt that may belawfully issuedand outstanding at any single point in time underthis article; “totaloutlays of the government of the UnitedStates” means allexpenditures of the government of the UnitedStates from any source; “totalreceipts of the governmentof the United States” means alltax receipts and other income of the government of the United States,excluding proceeds from its issuance or incurrence of debt or anytype of liability; “impoundment” means a proposal notto spend all or part of a sum of money appropriated by Congress; and“general revenue tax” means any income tax, sales tax,or value-added tax levied by the government of the United States excludingimposts and duties.

Section 7. This articleis immediately operative upon ratification, self-enforcing, and Congressmay enact conforming legislation to facilitate enforcement.”

ARTICLE III COMPACT MEMBERSHIP AND WITHDRAWAL

Section 1.This Compact governs each Member State to the fullest extent permittedby their respective constitutions, superseding and repealing any conflictingor contrary law.

Section 2. By becoming a Member State, each such State offers, promises andagrees to perform and comply strictly in accordance with the terms and conditions of this Compact, and has made such offer, promise and agreement in anticipation and consideration of, and in substantial reliance upon, such mutual and reciprocal performance and complianceby each other current and future Member State, if any. Accordingly,in additionto having the force of law in each Member State upon its respective effective date, this Compact and each of its Articles shall also be construed as contractually binding each Member State when: (a) atleast one other State has likewise become a Member State by enacting substantively identical legislation adopting and agreeing to be bound by this Compact; and (b) notice of such State’s Member State status is or has been seasonably received by the Compact Administrator, if any, or otherwise by the chief executive officer of each other Member State.

Section 3. For purposes of determining Member State status underthis Compact, as long as all other provisions of the Compact remain identical andoperative on the same terms, legislation enacting, adopting and agreeing to be bound by this Compact shall be deemed and regardedas “substantively identical” with respect to such other legislation enacted by another State notwithstanding: (a) any difference in Section 2 of Article IV with specific regard to the respectively enacting State’s own method of appointing its member to the Commission; (b) any difference in Section 5 of Article IV with specific regard to the respectively enacting State’s own obligation to fund the Commission; (c) any difference in Sections 1 and 2 of Article VI with specific regard to the number and identity of each delegate respectively appointed on behalf of the enacting State, provided that no more than three (3) delegates may attend and participate in the Convention on behalf of any State; or (d) any difference in Section 7 of Article X withspecific regard to the respectively enacting State as to whetherSection 1 of Article V of this Compact shall survive termination of the Compact, and thereafter become a continuing resolution of the Legislature of such State applying to Congress for the calling of a convention of the states under Article V of the Constitution of the United States, under such terms and limitations as may be specified by such State.

Section 4. Whenfewer than three-fourths (3/4) of the States are Member States,any Member State may withdraw from this Compact by enacting appropriate legislation, as determined by state law, and giving notice of such withdrawal to the Compact Administrator, if any, or otherwise to the chief executive officer of each other Member State. A withdrawal shall not affect the validity or applicability of the compact with respect to remaining Member States, provided that there remain atleast two(2) such States. However, once at least three-fourths (3/4)ofthe States are Member States, then no Member State may withdraw from the Compact prior to its termination absent unanimous consentof allMember States.

ARTICLE IV COMPACT COMMISSION AND COMPACT ADMINISTRATOR

Section 1. Nature of the Compact Commission. The Compact Commission (Commission) is hereby established. It has the power and duty: (a) to appoint and oversee a Compact Administrator; (b) to encourage States to join the Compact and Congress to call the Convention in accordance with this Compact; (c) to coordinate the performance of obligations under the Compact; (d) to oversee the Convention’s logistical operations as appropriate to ensure this Compact governs its proceedings; (e) to oversee the defense and enforcement of the Compact in appropriate legal venues; (f) to request funds and to disburse those funds to support the operations of the Commission, Compact Administrator, and Convention; and (g) to cooperate with any entity that shares a common interest with the Commission and engages in policy research, public interest litigation or lobbying in support of the purposes of the Compact. The Commission shall only have such implied powers as are essential to carrying out these express powers and duties. It shall take no action that contravenes or is inconsistent with this Compact or any law of any State that is not superseded by this Compact. It may adopt and publish corresponding bylaws and policies.

Section 2. Commission Membership. The Commission initially consists of three (3) unpaid members. Each Member State may appoint one (1) member to the Commission through an appointment process to be determined by their respective chief executive officer until all positions on the Commission are filled. Positions shall be assigned to appointees in the order in which their respective appointing States became Member States. The bylaws of the Commission may expand its membership to include representatives of additional Member States and to allow for modest salaries and reimbursement of expenses if adequate funding exists.

Section 3. Commission Action. Each Commission member is entitled to one (1) vote. The Commission shall not act unless a majority of its appointed membership is present, and no action shall be binding unless approved by a majority of the Commission’s appointed membership. The Commission shall meet at least once a year, and may meet more frequently.

Section 4. First Order of Business. The Commission shall at the earliest possible time elect from among its membership a Chairperson, determine a primary place of doing business, and appoint a Compact Administrator.

Section 5. Funding. The Commission and the Compact Administrator’s activities shall be funded exclusively by each Member State, as determined by their respective state law, or by voluntary donations.

Section 6. Compact Administrator. The Compact Administrator has the power and duty: (a) to timely notify the States of the date, time and location of the Convention; (b) to organize and direct the logistical operations of the Convention; (c) to maintain an accurate list of all Member States, their appointed delegates, including contact information; and (d) to formulate, transmit, and maintain all official notices, records, and communications relating to this Compact. The Compact Administrator shall only have such implied powers as are essential to carrying out these express powers and duties; and shall take no action that contravenes or is inconsistent with this Compact or any law of any State that is not superseded by this Compact. The Compact Administrator serves at the pleasure of the Commission and must keep the Commission seasonably apprised of the performance or nonperformance of the terms and conditions of this Compact. Any notice sent by a Member State to the Compact Administrator concerning this Compact shall be adequate notice to each other Member State provided that a copy of said notice is seasonably delivered by the Compact Administrator to each other Member State’s respective chief executive officer.

Section 7. Notice of Key Events. Upon the occurrence of each of the following described events, or otherwise as soon as possible, the Compact Administrator shall immediately send the following notices to all Compact Notice Recipients, together with certified conforming copies of the chaptered version of this Compact as maintained in the statutes of each Member State: (a) whenever any State becomes a Member State, notice of that fact shall be given; (b) once at least three-fourths (3/4) of the States are Member States, notice of that fact shall be given together with a statement declaring that the Legislatures of at least two-thirds (2/3) of the several States have applied for a convention for proposing amendments under Article V of the Constitution of the United States, petitioning Congress to call the Convention contemplated by this Compact, and further requesting cooperation in organizing the same in accordance with this Compact; (c) once Congress has called the Convention contemplated by this Compact, and whenever the date, time and location of the Convention has been determined, notice of that fact shall be given together with the date, time and location of the Convention and other essential logistical matters; (d) upon approval of the Balanced Budget Amendment by the Convention, notice of that fact shall be given together with the transmission of certified copies of such approved proposed amendment and a statement requesting Congress to refer the same for ratification by three-fourths (3/4) of the Legislatures of the several States under Article V of the Constitution of the United States (however, in no event shall any proposed amendment other than the Balanced Budget Amendment be transmitted); and (e) when any Article of this Compact prospectively ratifying the Balanced Budget Amendment is effective in any Member State, notice of the same shall be given together with a statement declaring such ratification and further requesting cooperation in ensuring that the official record confirms and reflects the effective corresponding amendment to the Constitution of the United States. However, whenever any Member State enacts appropriate legislation, as determined by the laws of the respective state, withdrawing from this Compact, the Compact Administrator shall immediately send certified conforming copies of the chaptered version of such withdrawal legislation as maintained in the statutes of each such withdrawing Member State, solely to each chief executive officer of each remaining Member State, giving notice of such withdrawal.

Section 8. Cooperation. The Commission, Member States and Compact Administrator shall cooperate with each other and give each other mutual assistance in enforcing this Compact and shall give the chief law enforcement officer of each other Member State any information or documents that are reasonably necessary to facilitate the enforcement of this Compact.

Section 9. This Article does not take effect until there are at least two (2) Member States.

ARTICLE V RESOLUTION APPLYING FOR CONVENTION

Section 1. Be it resolved, as provided for in Article V of the Constitution of the United States, the Legislature of each Member State herewith applies to Congress for the calling of a convention for proposing amendments limited to the subject matter of proposing for ratification the Balanced Budget Amendment.

Section 2. Congress is further petitioned to refer the Balanced Budget Amendment to the States for ratification by three-fourths (3/4) of their respective Legislatures.

Section 3. This Article does not take effect until at least three-fourths (3/4) of the several States are Member States.

ARTICLE VI DELEGATE APPOINTMENT, LIMITATIONS AND INSTRUCTIONS

Section 1. Number of Delegates. Each Member State shall be entitled to one (1) delegate as its sole and exclusive representative at the Convention as set forth in this Article.

Section 2. Identity of Delegates. Each Member State’s chief executive officer, who is serving on the enactment date of this Compact, is appointed in an individual capacity to represent his or her respective State at the Convention as its sole and exclusive delegate.

Section 3. Replacement or Recall of Delegates. A delegate appointed hereunder may be replaced or recalled by the Legislature of his or her respective State at any time for good cause, such as criminal misconduct or the violation of this Compact. If replaced or recalled, any delegate previously appointed hereunder must immediately vacate the Convention and return to their respective State’s capitol.

Section 4. Oath. The power and authority of a delegate under this Article may only be exercised after the Convention is first called by Congress in accordance with this Compact and such appointment is duly accepted by such appointee publicly taking the following oath or affirmation: ‘‘I do solemnly swear (or affirm) that I accept this appointment and will act strictly in accordance with the terms and conditions of the Compact for a Balanced Budget, the Constitution of the State I represent, and the Constitution of the United States. I understand that violating this oath (or affirmation) forfeits my appointment and may subject me to other penalties as provided by law.’’

Section 5. Term. The term of a delegate hereunder commences upon acceptance of appointment and terminates upon the permanent adjournment of the Convention, unless shortened by recall, replacement or forfeiture under this Article. Upon expiration of such term, any person formerly serving as a delegate must immediately withdraw from and cease participation at the Convention, if any is proceeding.

Section 6. Delegate Authority. The power and authority of any delegate appointed hereunder is strictly limited: (a) to introducing, debating, voting upon, proposing and enforcing the Convention Rules specified in this Compact, as needed to ensure those rules govern the Convention; and (b) to introducing, debating, voting upon, and rejecting or proposing for ratification the Balanced Budget Amendment. All actions taken by any delegate in violation of this section are void ab initio.

Section 7. Delegate Authority. No delegate of any Member State may introduce, debate, vote upon, reject or propose for ratification any constitutional amendment at the Convention unless: (a) the Convention Rules specified in this Compact govern the Convention and their actions; and (b) the constitutional amendment is the Balanced Budget Amendment.

Section 8. Delegate Authority. The power and authority of any delegate at the Convention does not include any power or authority associated with any other public office held by the delegate. Any person appointed to serve as a delegate shall take a temporary leave of absence, or otherwise shall be deemed temporarily disabled, from any other public office held by the delegate while attending the Convention, and may not exercise any power or authority associated with any other public office held by the delegate, while attending the Convention. All actions taken by any delegate in violation of this section are void ab initio.

Section 9. Order of Business. Before introducing, debating, voting upon, rejecting or proposing for ratification any constitutional amendment at the Convention, each delegate of every Member State must first ensure the Convention Rules in this Compact govern the Convention and their actions. Every delegate and each Member State must immediately vacate the Convention and notify the Compact Administrator by the most effective and expeditious means if the Convention Rules in this Compact are not adopted to govern the Convention and their actions.

Section 10. Forfeiture of Appointment. If any Member State or delegate violates any provision of this Compact, then every delegate of that Member State immediately forfeits his or her appointment, and shall immediately cease participation at the Convention, vacate the Convention, and return to his or her respective State’s capitol.

Section 11. Expenses. A delegate appointed hereunder is entitled to reimbursement of reasonable expenses for attending the Convention from his or her respective Member State. No delegate may accept any other form of remuneration or compensation for service under this Compact.

ARTICLE VII CONVENTION RULES

Section 1. Nature of the Convention. The Convention shall be organized, construed and conducted as a body exclusively representing and constituted by the several States.

Section 2. Agenda of the Convention. The agenda of the Convention shall be entirely focused upon and exclusively limited to introducing, debating, voting upon, and rejecting or proposing for ratification the Balanced Budget Amendment under the Convention Rules specified in this Article and in accordance with the Compact. It shall not be in order for the Convention to consider any matter that is outside the scope of this agenda.

Section 3. Delegate Identity and Procedure. States shall be represented at the Convention through duly appointed delegates. The number, identity and authority of delegates assigned to each State shall be determined by this Compact in the case of Member States or, in the case of States that are not Member States, by their respective state laws. However, to prevent disruption of proceedings, no more than three (3) delegates may attend and participate in the Convention on behalf of any State. A certified chaptered conforming copy of this Compact, together with government-issued photographic proof of identification, shall suffice as credentials for delegates of Member States. Any commission for delegates of States that are not Member States shall be based on their respective state laws, but it shall furnish credentials that are at least as reliable as those required of Member States.

Section 4. Voting. Each State represented at the Convention shall have one (1) vote, exercised by the vote of that State’s delegate in the case of States represented by one delegate, or, in the case of any State that is represented by more than one delegate, by the majority vote of that State’s respective delegates.

Section 5. Quorum. A majority of the several States of the United States, each present through its respective delegate in the case of any State that is represented by one (1) delegate, or through a majority of its respective delegates, in the case of any State that is represented by more than one (1) delegate, shall constitute a quorum for the transaction of any business on behalf of the Convention.

Section 6. Action by the Convention. The Convention shall only act as a committee of the whole, chaired by the delegate representing the first State to have become a Member State, if that State is represented by one (1) delegate, or otherwise by the delegate chosen by the majority vote of that State’s respective delegates. The transaction of any business on behalf of the Convention, including the designation of a Secretary, the adoption of parliamentary procedures and the rejection or proposal of any constitutional amendment, requires a quorum to be present and a majority affirmative vote of those States constituting the quorum.

Section 7. Emergency Suspension and Relocation of the Convention. In the event that the Chair of the Convention declares an emergency due to disorder or an imminent threat to public health and safety prior to the completion of the business on the Agenda, and a majority of the States present at the Convention do not object to such declaration, further Convention proceedings shall be temporarily suspended, and the Commission shall subsequently relocate or reschedule the Convention to resume proceedings in an orderly fashion in accordance with the terms and conditions of this Compact with prior notice given to the Compact Notice Recipients.

Section 8. Parliamentary Procedure. In adopting, applying and formulating parliamentary procedure, the Convention shall exclusively adopt, apply or appropriately adapt provisions of the most recent editions of Robert’s Rules of Order and the American Institute of Parliamentarians Standard Code of Parliamentary Procedure. In adopting, applying or adapting parliamentary procedure, the Convention shall exclusively consider analogous precedent arising within the jurisdiction of the United States. Parliamentary procedures adopted, applied or adapted pursuant to this section shall not obstruct, override or otherwise conflict with this Compact.

Section 9. Transmittal. Upon approval of the Balanced Budget Amendment by the Convention to propose for ratification, the Chair of the Convention shall immediately transmit certified copies of such approved proposed amendment to the Compact Administrator and all Compact Notice Recipients, notifying them respectively of such approval and requesting Congress to refer the same for ratification by the States under Article V of the Constitution of the United States. However, in no event shall any proposed amendment other than the Balanced Budget Amendment be transmitted as aforesaid.

Section 10. Transparency. Records of the Convention, including the identities of all attendees and detailed minutes of all proceedings, shall be kept by the Chair of the Convention or Secretary designated by the Convention. All proceedings and records of the Convention shall be open to the public upon request subject to reasonable regulations adopted by the Convention that are closely tailored to preventing disruption of proceedings under this Article.

Section 11. Adjournment of the Convention. The Convention shall permanently adjourn upon the earlier of twenty-four (24) hours after commencing proceedings under this Article or the completion of the business on its Agenda.

ARTICLE VIII PROHIBITION ON ULTRA VIRES CONVENTION

Section 1. Member States shall not participate in the Convention unless: (a) Congress first calls the Convention in accordance with this Compact; and (b) the Convention Rules of this Compact are adopted by the Convention as its first order of business.

Section 2. Any proposal or action of the Convention is void ab initio and issued by a body that is conducting itself in an unlawful and ultra vires fashion if that proposal or action: (a) violates or was approved in violation of the Convention Rules or the delegate instructions and limitations on delegate authority specified in this Compact; (b) purports to propose or effectuate a mode of ratification that is not specified in Article V of the Constitution of the United States; or (c) purports to propose or effectuate the formation of a new government. All Member States are prohibited from advancing or assisting in the advancement of any such proposal or action.

Section 3. Member States shall not ratify or otherwise approve any proposed amendment, alteration or revision to the Constitution of the United States, which originates from the Convention, other than the Balanced Budget Amendment.

ARTICLE IX RESOLUTION PROSPECTIVELY RATIFYING THE BALANCED BUDGET AMENDMENT

Section 1. Each Member State, by and through its respective Legislature, hereby adopts and ratifies the Balanced Budget Amendment.

Section 2. This Article does not take effect until Congress effectively refers the Balanced Budget Amendment to the States for ratification by three-fourths (3/4) of the Legislatures of the several States under Article V of the Constitution of the United States.

ARTICLE X CONSTRUCTION, ENFORCEMENT, VENUE, AND SEVERABILITY

Section 1. To the extent that the effectiveness of this Compact or any of its Articles or provisions requires the alteration of local legislative rules, drafting policies, or procedure to be effective, the enactment of legislation enacting, adopting and agreeing to be bound by this Compact shall be deemed to waive, repeal, supersede, or otherwise amend and conform all such rules, policies or procedures to allow for the effectiveness of this Compact to the fullest extent permitted by the constitution of any affected Member State.

Section 2. Date and Location of the Convention. Unless otherwise specified by Congress in its call, the Convention shall be held in Dallas, Texas and commence proceedings at 9:00 a.m. Central Standard Time on the sixth Wednesday after the latter of the effective date of Article V of this Compact or the enactment date of the Congressional resolution calling the Convention.

Section 3. In addition to all other powers and duties conferred by state law which are consistent with the terms and conditions of this Compact, the chief law enforcement officer of each Member State is empowered to defend the Compact from any legal challenge, as well as to seek civil mandatory and prohibitory injunctive relief to enforce this Compact; and shall take such action whenever the Compact is challenged or violated.

Section 4. The exclusive venue for all actions in any way arising under this Compact shall be in the United States District Court for the Northern District of Texas or the courts of the State of Texas within the jurisdictional boundaries of the foregoing district court. Each Member State shall submit to the jurisdiction of said courts with respect to such actions. However, upon written request by the chief law enforcement officer of any Member State, the Commission may elect to waive this provision for the purpose of ensuring an action proceeds in the venue that allows for the most convenient and effective enforcement or defense of this Compact. Any such waiver shall be limited to the particular action to which it is applied and not construed or relied upon as a general waiver of this provision. The waiver decisions of the Commission under this provision shall be final and binding on each Member State.

Section 5. The effective date of this Compact and any of its Articles is the latter of: (a) the date of any event rendering the same effective according to its respective terms and conditions; or (b) the earliest date otherwise permitted by law.

Section 6. Article VIII of this Compact is hereby deemed non- severable prior to termination of the Compact. However, if any other phrase, clause, sentence or provision of this Compact, or the applicability of any other phrase, clause, sentence or provision of this Compact to any government, agency, person or circumstance, is declared in a final judgment to be contrary to the Constitution of the United States, contrary to the state constitution of any Member State, or is otherwise held invalid by a court of competent jurisdiction, such phrase, clause, sentence or provision shall be severed and held for naught, and the validity of the remainder of this Compact and the applicability of the remainder of this Compact to any government, agency, person or circumstance shall not be affected. Furthermore, if this Compact is declared in a final judgment by a court of competent jurisdiction to be entirely contrary to the state constitution of any Member State or otherwise entirely invalid as to any Member State, such Member State shall be deemed to have withdrawn from the Compact, and the Compact shall remain in full force and effect as to any remaining Member State. Finally, if this Compact is declared in a final judgment by a court of competent jurisdiction to be wholly or substantially in violation of Article I, Section 10, of the Constitution of the United States, then it shall be construed and enforced solely as reciprocal legislation enacted by the affected Member State(s).

Section 7. Termination. This Compact shall terminate and be held for naught when the Compact is fully performed and the Constitution of the United States is amended by the Balanced Budget Amendment. However, notwithstanding anything to the contrary set forth in this Compact, in the event such amendment does not occur within seven (7) years after the first State passes legislation enacting, adopting and agreeing to be bound to this Compact, the Compact shall terminate as follows: (a) the Commission shall dissolve and wind up its operations within ninety (90) days thereafter, with the Compact Administrator giving notice of such dissolution and the operative effect of this section to the Compact Notice Recipients; and (b) upon the completed dissolution of the Commission, this Compact shall be deemed terminated, repealed, void ab initio, and held for naught.

HISTORY: Laws, 2015, ch. 331, § 1, eff from and after passage (approved Mar. 13, 2015).