MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Ways and Means

By: Representative Smith (39th), Chism, Ellis, Harrison

House Bill 817

(As Passed the House)

AN ACT TO AMEND SECTION 57-31-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MATURITY DATE FOR BONDS ISSUED BY CERTAIN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITIES MAY NOT EXCEED THIRTY YEARS FROM THE DATE OF THE BONDS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 57-31-9, Mississippi Code of 1972, is amended as follows:

     57-31-9.  The authority shall have power and is hereby authorized with the approval and consent of the board of supervisors of such county, at one time or from time to time, to provide by resolution for the issuance of negotiable promissory notes or revenue bonds of the authority to provide funds for the purpose of paying all or any part of the cost of any project authorized by this chapter, but in no event shall the amount of such bonds issued for any project exceed the estimated cost of any such project nor shall the amount of such bonds exceed the amount which can be repaid, together with interest accruing thereon, from funds pledged to said authority under Section 27-39-329.  The principal of and the interest on such revenue bonds shall be payable solely from a special fund to be provided for that purpose in the manner hereinafter set forth.  Such bonds shall bear date or dates, be in such denomination or denominations, bear interest at such rate or rates, be payable at such place or places within or without the State of Mississippi, shall mature absolutely at such time or times, be redeemable prior to maturity at such time or times and upon such terms, with or without premium, shall bear such registration privileges, and shall be substantially in such form, all as shall be determined by resolution of the authority; provided, however, that such bonds shall mature in annual installments extending not more than thirty (30) years from date thereof.  Such bonds shall be signed by the president of the authority, or by his facsimile signature, and the official seal of the authority shall be affixed thereto, attested by the secretary of the authority.  The interest coupons, if any, to be attached to such bonds may be executed by the facsimile signatures of said officers.  Whenever any such bonds shall have been signed by the officials herein designated to sign the bonds who were in * * * office at the time of such signing but who may have ceased to be such officers prior to the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the signatures of such officers upon such bonds and coupons shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially signing such bonds had remained in office until the delivery of the same to purchaser or had been in office on the date such bonds may bear.  Prior to approval being granted by the board for bonds to be issued by the authority, the board shall comply with the provisions of Section 19-9-11.  The bonds of any issue shall not bear a greater overall maximum interest rate to maturity than that allowed in Section 75-17-103.  No bond shall bear more than one (1) rate of interest; each bond shall bear interest from its date to its stated maturity date at the interest rate specified in the bid; all bonds of the same maturity shall bear the same rate of interest from date to maturity; all interest accruing on such bonds so issued shall be payable semiannually or annually, except that the first interest coupon attached to any such bond may be for any period not exceeding one (1) year.

     No interest payment shall be evidenced by more than one (1) coupon and neither cancelled nor supplemental coupons shall be permitted; the lowest interest rate specified for any bonds issued shall not be less than seventy percent (70%) of the highest interest rate specified for the same bond issue.

     Each interest rate specified in any bid must be in multiples of one-eighth of one percent (1/8 of 1%) or in multiples of one-tenth of one percent (1/10 of 1%).  The denomination, form, and place, or places, of payment of such bonds shall be fixed in the resolution or order of the authority issuing such bonds.

     SECTION 2.  This act shall take effect and be in force from and after its passage.