Senate Bill 2298

(As Passed the Senate)

AN ACT TO AMEND SECTION 31-13-11, MISSISSIPPI CODE OF 1972, TO RAISE THE MAXIMUM FEE PAID TO THE STATE'S BOND ATTORNEY FROM $500.00 TO $750.00 FOR THE VALIDATION AND ISSUANCE OF BONDS ISSUED OR PROPOSED TO BE ISSUED BY A COUNTY, MUNICIPALITY, OR OTHER DISTRICT OR SUBDIVISION OF THE STATE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 31-13-11, Mississippi Code of 1972, is amended as follows:

31-13-11. The court costs in all such cases shall be paid by the county, municipality, or district proposing to issue said bonds or other written obligations, and in addition to such costs it shall also pay to the bond attorney a fee of not more than one-tenth of one percent (1/10 of 1%), provided said fee shall not be less than One Hundred Dollars ($100.00) nor more than * * * ~~Five Hundred Dollars ($500.00)~~ Seven Hundred Fifty Dollars ($750.00), of the amount of the bonds or other obligations issued or proposed to be issued. The payment of this fee shall be full compensation for all legal services rendered in connection with the issuance of said bonds, except that when the state's bond attorney attends a hearing of objection to the validation of said bonds, his actual and necessary expenses and a reasonable rate of compensation for attending the said hearing as required by this chapter shall be taxed as a part of the costs of the validation proceedings, upon approval by the clerk or chancellor of an itemized account of such expenses and time expended. If objection is filed to the validation of said bonds, then in that event the taxation of court costs, including expenses and a reasonable rate of compensation for the bond attorney, shall be discretionary with the chancellor, as in other cases in the chancery court, against the issuing board or district, or the objector or objectors, or apportioned as the chancellor may deem proper.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.