MISSISSIPPI LEGISLATURE

1997 Regular Session

To: County Affairs

By: Representative Simmons (100th)

AN ACT TO AMEND SECTION 19-3-35, MISSISSIPPI CODE OF 1972, TO REQUIRE THE BOARD OF SUPERVISORS OF EVERY COUNTY TO PUBLISH A SYNOPSIS OF EACH MATTER OF BUSINESS UPON WHICH THE BOARD TAKES A VOTE AT A REGULAR OR SPECIALLY CALLED MEETING OF THE BOARD; TO DELETE THE MAXIMUM AMOUNT THAT COUNTIES MAY EXPEND FOR PUBLISHING RECAPITULATIONS OF EXPENDITURES APPROVED AT BOARD MEETINGS; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 19-3-35, Mississippi Code of 1972, is amended as follows:

19-3-35. The board of supervisors after each regular or specially called meeting shall have an itemized statement made of allowances, to whom, for what, and the amounts; a list of all contracts providing for the expenditure of money and the terms of payment thereof; a list of all actions taken on bids and, if a bid was accepted that was not the lowest bid, the reason why such bid was accepted; a statement of all loans from sixteenth section funds, lieu land funds, and sinking, and other trust funds, setting forth to whom made, the amount, and the kind of security approved; and a statement or list of all sales of timber, of all leases upon, including all leases for oil, gas and minerals upon, sixteenth section or lieu lands situated in the county or belonging to the county, showing to whom sold or made, description of land involved, the length of the term of any such lease, and the consideration therefor. The board also shall prepare a synopsis of every other matter of business upon which the board took a vote, along with the names of each board member and a record of the individual votes on each matter. The board shall publish the synopsis along with a recapitulation of all expenditures according to districts and also the county as a whole, and in the recapitulation the total expenses for each item shall be listed for each district, and in the total county recapitulation the total expended from each item shall be listed. Publication shall be made within fifteen (15) days after adjournment in some newspaper of general circulation published in the county, and if no such newspaper is published in the county, then in a newspaper published elsewhere in the state and having a general circulation in such county. The cost of publishing the same shall be paid for out of the general fund of the county.  * * * If there be more than one newspaper published in the county, the board of supervisors shall advertise, as provided by law, for contracts for publishing such proceedings, and shall award the contract to the lowest bidder for a period of two (2) years.  * * * If there be no newspaper published in such county, then such proceedings shall be posted at the front courthouse door.

If any member of a board of supervisors or the chancery clerk shall fail, refuse or neglect to comply with the provisions of this section, he shall, upon conviction, be guilty of a misdemeanor and shall be fined not more than Five Hundred Dollars ($500.00) for such failure, refusal or neglect for each offense and, in addition thereto, shall be liable to a penalty of Five Hundred Dollars ($500.00), recoverable on his official bond by suit filed by any county or district attorney or any interested citizen, upon his official bond.

This shall not be construed to repeal Section 19-3-33, and where the verbatim proceedings are published as therein provided, this section shall not apply, it being intended hereby to provide a method of publishing the proceedings of the board of supervisors in addition to that now provided for by Section 19-3-33. Where publication is made under Section 19-3-33, this section shall not be construed so as to require any other and additional publication, or notice.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.