House Bill 1369

AN ACT TO AMEND SECTION 21-17-19, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY NOTICE THAT IS REQUIRED BY LAW TO PUBLISH OR ADVERTISE MAY BE PUBLISHED ELECTRONICALLY, AS LONG AS THE GOVERNING AUTHORITY PASSES AN ORDINANCE PROVIDING FOR THE ELECTRONIC PUBLICATION; TO PROVIDE THAT SUCH PUBLICATION MAY BE PERFORMED IN LIEU OF OR IN ADDITION TO THE REQUIRED PUBLICATION IN A NEWSPAPER; TO PROVIDE THAT ALL NOTICES THAT ARE PUBLISHED ELECTRONICALLY MUST COMPLY WITH CERTAIN GUIDELINES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 21-17-19, Mississippi Code of 1972, is amended as follows:

21-17-19. (1) Whenever a municipality is required by law to publish in a newspaper any public measure or amendment thereto, the substance of the public measure or amendment thereto may be printed in lieu of the full text of the public measure or amendment thereto, as provided in this section. Such a public measure shall include, but shall not be limited to, an ordinance, resolution, amendment to a municipal charter or annual audit. The provisions of this section shall not apply to publication of the annual budget or amendments thereto; such publication shall be made as provided in Chapter 35, Title 21, Mississippi Code of 1972.

(2) The substance of the public measure or amendment thereto shall be an explanatory statement summarizing the full text of the public measure or amendment thereto, in which the chief purpose of the measure is explained in clear and unambiguous language. Such statement shall be prepared by the governing authorities of the municipality, and shall not exceed three hundred (300) words in length to the extent practicable.

(3) During the entire time of the publication of the explanatory statement in a newspaper, a copy of the full text of the public measure or amendment thereto shall be posted by the clerk of the municipality (a) at the city hall, (b) at the main public library in the municipality, or at the courthouse in the judicial district or county in which the municipality is located; and in addition, the clerk shall post such copy at least at one (1) other public place in the municipality. The clerk shall furnish any resident of the municipality a copy of the full text of the public measure or amendment thereto upon request, and this shall be stated in the publication of the explanatory statement.

(4) (a) The governing authority of a municipality may adopt an ordinance providing that any notice it is required by law to publish or advertise, whether under this Section 21-17-19 or under any other general law, or under any local act, may be published electronically as provided by this section in lieu of or in addition to the required publication or advertisement. The ordinance may cover all notices required to be published or advertised or a clearly identified category of notices.

(b) Upon adoption of an ordinance under subsection (a) of this section. The governing authority shall publish specific instructions as to how to access all notices published electronically under the ordinance adopted pursuant to this section at least once a month for six (6) months in a newspaper having a general circulation for that jurisdiction.

(c) Any notice published under an ordinance adopted pursuant to paragraph (a) of this section shall comply with all of the following:

(i) The notice is published on the website of the governing authority no later than the time that publication is required under the applicable statute or local act.

(ii) The website contains, on its main page, links to all notices or a link to another page with links to all notices.

(iii) Notices and links to all notices on the website shall be maintained on that website for at least one (1) year after publication and shall be searchable.

(iv) A copy of the notice shall be filed in a notice book maintained separate and apart from the ordinance book or minutes of the governing authority. The notice book shall be appropriately indexed and maintained for public inspection in the office of the municipal clerk or in the office of another individual who is an employee of the governing authority, as designated in the ordinance adopted pursuant to this Section.

(v) A copy of the notice shall be mailed or emailed to any person who has filed a written request for notice with the clerk or secretary of the governing authority or with some other person designated by the governing authority. The governing authority may require each person submitting such a written request for notice to renew that request monthly.

(d) Ordinances adopted pursuant to this section may not supersede any general law or local act that requires notice by mail to certain persons or classes of persons of the posting of signs on certain property.

(e) The ordinance adopted by the governing authority may control notice given by any board or commission appointed by the governing authority, including a planning commission and zoning board of adjustment and appeals.

(f) For purposes of this section, "governing authority" means the body elected or appointed as the legislative body of the municipality.

SECTION 2. This act shall take effect and be in force from and after July 1, 2020.