MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Education; Ways and Means

By: Representatives Evans, Thornton, Wallace, Watson

House Bill 730

AN ACT TO AMEND SECTION 37-59-17, MISSISSIPPI CODE OF 1972, TO AUTHORIZE SCHOOL DISTRICTS HAVING NO BONDED INDEBTEDNESS TO ISSUE SCHOOL BONDS UPON THE APPROVAL OF A MAJORITY OF THE QUALIFIED ELECTORS VOTING ON THE QUESTION OF THE ISSUANCE OF SCHOOL BONDS; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 37-59-17, Mississippi Code of 1972, is amended as follows:

37-59-17. When the results of the election on the question of the issuance of such bonds shall have been canvassed by the election commissioners of such county or municipality, and certified by them to the school board of the school district, it shall be the duty of such school board to determine and adjudicate whether or not three-fifths (3/5) of the qualified electors who voted in such election voted in favor of the issuance of such bonds. However, if the school district has no outstanding bonded indebtedness, the school bond shall determine and adjudicate whether or not a majority of the qualified electors who voted in an election on the question of the issuance of bonds voted in favor of the issuance of the bonds. Unless three-fifths (3/5) of the qualified electors, or a majority of the qualified electors in the case of a school district with no bonded indebtedness, who voted in such election shall have voted in favor of the issuance of such bonds, then such bonds shall not be issued. Should three-fifths (3/5) of the qualified electors or a majority of the qualified electors, as the case may be, who vote in such election vote in favor of the issuance of such bonds, then the school board of such school district shall issue such bonds, either in whole or in part, within two (2) years from the date of such election, or within two (2) years after the final favorable termination of any litigation affecting the issuance of such bonds, as such school board shall deem best.

SECTION 2. 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 3. 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.