MISSISSIPPI LEGISLATURE

1999 Regular Session

To: County Affairs

By: Representatives Hamilton, Green (34th), Shows, Martinson, Formby, Bailey

AN ACT TO CREATE A NEW CODE SECTION TO BE CODIFIED AS SECTION 19-2-12, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE AUDITOR SHALL GIVE WRITTEN NOTICE TO ANY INDIVIDUAL MEMBER OF A COUNTY BOARD OF SUPERVISORS THAT HE DETERMINES TO BE IN NONCOMPLIANCE WITH THE PROVISIONS OF LAW THAT REQUIRE THE COUNTY TO OPERATE ON A COUNTYWIDE SYSTEM OF ROAD ADMINISTRATION; TO AUTHORIZE THE STATE AUDITOR TO INSTITUTE CIVIL PROCEEDINGS AGAINST SUCH SUPERVISOR IF THE SUPERVISOR REMAINS IN NONCOMPLIANCE; TO PROVIDE THAT THE COURT SHALL ORDER THE SUPERVISOR IMMEDIATELY TO COMPLY IF IT DETERMINES THAT SUCH SUPERVISOR IS NOT IN SUBSTANTIAL COMPLIANCE; TO PROVIDE THAT VIOLATIONS OF ANY ORDER OF THE COURT SHALL BE PUNISHABLE AS FOR CONTEMPT AND TO AUTHORIZE THE COURT TO IMPOSE A CIVIL PENALTY UPON THE SUPERVISOR FOR ANY SUCH NONCOMPLIANCE THAT THE COURT DETERMINES AS INTENTIONAL OR WILLFUL; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 19-2-12, Mississippi Code of 1972:

19-2-12. (1) If upon audit, examination or investigation, the State Auditor determines that an individual member of a county board of supervisors is not in substantial compliance with the provisions of law that require the county to operate on a countywide system of road administration, as described in Section 19-2-3, then the State Auditor shall give, by United States Certified Mail, return receipt requested, written notification to the supervisor of such noncompliance. If within thirty (30) days after receipt of the notice, such supervisor, in the opinion of the State Auditor, remains in noncompliance, the Auditor may institute civil proceedings in the chancery court of the county in which the supervisor serves. The court, upon hearing, shall decide the issue and, if it determines that such supervisor is not in substantial compliance, shall order the supervisor to immediately and thereafter comply. Violations of any order of the court shall be punishable as for contempt. In addition, the court, in its discretion, may impose a civil penalty in an amount not to exceed Five Thousand Dollars ($5,000.00) upon the supervisor, for which he shall be liable in his individual capacity, for any such noncompliance that the court determines as intentional or willful.

(2) The provisions of this section shall not be construed to prevent the State Auditor, the Attorney General or any other public official, as otherwise authorized by law, from initiating or commencing civil actions or criminal proceedings by or on behalf of the state or any county or political subdivision for the misappropriation or the unlawful use, taking or conversion of public funds or public property.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.