Lost

AMENDMENT NO 6 PROPOSED TO

Cmte Sub for House Bill No. 1634

BY: Representative Peranich

     AMEND by inserting the following new section after Line 147 and renumbering the succeeding sections.

     "SECTION 3.  Upon application of any person for the issuance of any permit regarding offshore drilling in the Mississippi Sound within the territorial waters of Hancock, Harrison or Jackson Counties, notice of such application shall be published by the permitting agency for at least three (3) consecutive weeks in at least one (1) newspaper published in the county where such drilling is proposed.  If within thirty (30) days following the last publication of such notice twenty percent (20%) or one thousand five hundred (1,500), whichever is less, of the qualified electors of the county file a written protest against the issuance of such permit with the board of supervisors of the county, then an election shall be conducted in the county by the election commissioners of the county on the question of whether or not to permit offshore drilling in the territorial waters of the county.       Notice of the election shall be published for at least three (3) consecutive weeks in at least one (1) newspaper published in the county.  The first publication of the notice shall be made not less than twenty-one (21) days before the date fixed for the election, and the last publication shall be made not more than seven (7) days before that date.  The advertisement shall be no less than one-fourth (¹/₄) page in size and the type shall be no smaller than eighteen (18) point and surrounded by a one-fourth inch (1/4") solid black border. 

     The election shall be held, as far as is practicable, in the same manner as other elections are held in counties.  At the election, all qualified electors of the county may vote, and the ballots used at the election shall have printed thereon "FOR THE ISSUANCE OF A PERMIT TO AUTHORIZE OFFSHORE DRILLING" and "AGAINST THE ISSUANCE OF A PERMIT TO AUTHORIZE OFFSHORE DRILLING," and the voter shall vote by placing a cross (x) or check mark (a) opposite his choice on the proposition.

     When the results of the election on the question of the issuance of a permit to allow offshore drilling in the territorial waters of the county have been canvassed by the election commissioners of the county and certified by them to the boards of supervisors, it shall be the duty of the boards to determine and adjudicate whether or not at least sixty percent (60%) of the qualified electors who voted thereon in the election voted in favor of the issuance of a permit to allow offshore drilling, and unless at least sixty percent (60%) of the qualified electors in the county who voted thereon in the election shall have voted in favor of the issuance of a permit to allow offshore drilling, then the permit may be issued.  If at least sixty percent (60%) of the qualified electors who vote thereon in the election vote in favor of the issuance of a permit to allow offshore drilling, then issuance of the permit shall not be prohibited."

     AMEND FURTHER by deleting lines 334 and 335 in their entirety and inserting the following in lieu thereof:

     "SECTION 6.  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 7.  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, or from and after July 1, 2004, whichever date is later."

     AMEND FURTHER the title to conform.