MISSISSIPPI LEGISLATURE

2002 Regular Session

To: County Affairs

By: Representative Martinson, Mitchell

House Bill 1557

AN ACT TO AMEND SECTION 19-3-27, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IT SHALL BE UNLAWFUL AND SHALL CONSTITUTE A FELONY FOR ANY PUBLIC OFFICIAL, PUBLIC EMPLOYEE OR ANY OTHER PERSON,  DELIBERATELY, WITHOUT AUTHORITY OF LAW AND WITH INTENT TO DEFRAUD,  TO ALTER OR ATTEMPT TO ALTER THE OFFICIAL MINUTES OF THE BOARD OF SUPERVISORS; TO PRESCRIBE A PENALTY FOR SUCH OFFENSE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 19-3-27, Mississippi Code of 1972, is amended as follows:

     19-3-27.  (1)  It shall be the duty of the clerk of the board of supervisors to keep and preserve a complete and correct record of all the proceedings and orders of the board.  He shall enter on the minutes the names of the members who attend at each meeting, and the names of those who fail to attend.  He shall safely keep and preserve all records, books, and papers pertaining to his office, and deliver them to his successor when required.  The minutes of each day's proceedings shall either (a) be read and signed by the president or the vice president, if the president is absent or disabled so as to prevent his signing of the minutes, on or before the first Monday of the month following the day of adjournment of any term of the board of supervisors; or (b) be adopted and approved by the board of supervisors as the first order of business on the first day of the next monthly meeting of the board.

     (2)  Any public official, public employee or any other person who deliberately, without authority of law and with intent to defraud, alters or attempts to alter the official minutes of the board of supervisors shall be guilty of a felony and, upon conviction, shall be punished by a fine of not more than One Thousand Dollars ($1.000), be sentenced to the custody of the department for one (1) year, or by both such fine and imprisonment.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2002.