MISSISSIPPI LEGISLATURE

1997 Regular Session

To: County Affairs; Municipalities

By: Representatives Smith (39th), Brown

AN ACT TO AMEND SECTIONS 19-9-11 AND 21-33-307, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON WHO HAS SIGNED A WRITTEN PROTEST AGAINST THE ISSUANCE OF COUNTY OR MUNICIPAL GENERAL OBLIGATION BONDS AND WHO ALLEGES THAT HIS OR HER SIGNATURE WAS OBTAINED AS THE RESULT OF FRAUD OR COERCION, OR THAT THE PERSON WAS INTENTIONALLY MISLED AS TO THE SUBSTANCE OR EFFECT OF THE PROTEST, MAY HAVE HIS OR HER NAME REMOVED FROM THE PROTEST BY FILING AN AFFIDAVIT WITH THE CLERK OF THE BOARD OF SUPERVISORS OR THE CLERK OF THE MUNICIPALITY; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 19-9-11, Mississippi Code of 1972, is amended as follows:

19-9-11. Before issuing any bonds for any of the purposes enumerated in Sections 19-9-1, 19-9-3, the board of supervisors shall adopt a resolution declaring its intention so to do, stating the amount of bonds proposed to be issued and the purpose for which the bonds are to be issued, and the date upon which the board proposes to direct the issuance of such bonds. Such resolution shall be published once a week for at least three (3) consecutive weeks in at least one newspaper published in such county. The first publication of such resolution shall be made not less than twenty-one (21) days prior to the date fixed in such resolution for the issuance of the bonds, and the last publication shall be made not more than seven (7) days prior to such date. If no newspaper be published in such county, then such notice shall be given by publishing the resolution for the required time in some newspaper having a general circulation in such county and, in addition, by posting a copy of such resolution for at least twenty-one (21) days next preceding the date fixed therein at three (3) public places in such county. If twenty percent (20%), or fifteen hundred (1500), whichever is less, of the qualified electors of the county, supervisors district, or road district, as the case may be, shall file a written protest against the issuance of such bonds on or before the date specified in such resolution, then an election on the question of the issuance of such bonds shall be called and held as is provided in Sections 19-9-13, 19-9-15. If no such protest be filed, then such bonds may be issued without an election on the question of the issuance thereof, at any time within a period of two (2) years after the date specified in the above-mentioned resolution. However, the board of supervisors, in its discretion, may nevertheless call an election on such question, in which event it shall not be necessary to publish the resolution declaring its intention to issue such bonds as herein provided. Any person who alleges that his or her signature on a written protest against the issuance of the bonds enumerated in Section 19-9-1 or Section 19-9-3 was obtained as the result of fraud or coercion, or that the person was intentionally misled as to the substance or effect of the protest, may have his or her name removed from the protest by filing an affidavit to such effect with the clerk of the board of supervisors not later than twenty-one (21) days after the last publication of the resolution declaring the intent of the board of supervisors to issue the bonds.

SECTION 2. Section 21-33-307, Mississippi Code of 1972, is amended as follows:

21-33-307. Before issuing any bonds for any of the purposes enumerated in Section 21-33-301, the governing authority of the issuing municipality shall adopt a resolution declaring its intention so to do, stating the amount of bonds proposed to be issued and the purpose for which the bonds are to be issued, and the date upon which the aforesaid authority proposes to direct the issuance of such bonds. Such resolution shall be published once a week for at least three (3) consecutive weeks in at least one (1) newspaper published in such municipality. The first publication of such resolution shall be made not less than twenty-one (21) days prior to the date fixed in such resolution for the issuance of the bonds, and the last publication shall be made not more than seven (7) days prior to such date. If no newspaper be published in such municipality, then such notice shall be given by publishing the resolution for the required time in some newspaper having a general circulation in such municipality and, in addition, by posting a copy of such resolution for at least twenty-one (21) days next preceding the date fixed therein at three (3) public places in such municipality. The publication of the resolution may be made as provided in Section 21-17-19. If ten percent (10%) of the qualified electors of the municipality, or fifteen hundred (1500), whichever is the lesser, shall file a written protest against the issuance of such bonds on or before the date specified in such resolution, then an election on the question of the bonds shall be called and held as is provided in Section 21-33-309. Notice of such election shall be signed by the clerk of the municipality and shall be published once a week for at least three (3) consecutive weeks in at least one (1) newspaper published in such municipality. The first publication of such notice shall be made not less than twenty-one (21) days prior to the date fixed for such election, and the last publication shall be made not more than seven (7) days prior to such date. If no newspaper is published in such municipality, then such notice shall be given by publishing the same for the required time in some newspaper having a general circulation in such municipality and published in the same or an adjoining county and, in addition, by posting a copy of such notice for at least twenty-one (21) days next preceding such election at three (3) public places in such municipality. If no protest be filed, then such bonds may be issued without an election on the question of the issuance thereof, at any time within a period of two (2) years after the date specified in the above-mentioned resolution. However, the governing authority of any municipality in its discretion may nevertheless call an election on such question, in which event it shall not be necessary to publish the resolution declaring its intention to issue such bonds as herein provided.

Under no circumstances shall any municipality exceed the bond limit as set by statute for municipalities. Any person who alleges that his or her signature on a written protest against the issuance of the bonds enumerated in Section 21-33-301 was obtained as the result of fraud or coercion, or that the person was intentionally misled as to the substance or effect of the protest, may have his or her name removed from the protest by filing an affidavit to such effect with the clerk of the municipality not later than twenty-one (21) days after the last publication of the resolution declaring the intent of the governing authorities to issue the bonds.

Under no circumstances shall any municipality exceed the bond limit as set by the statute for municipalities.

SECTION 3. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 4. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.