Adopted
COMMITTEE AMENDMENT NO 1 PROPOSED TO
Senate Bill No. 2298
BY: Committee
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
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 * * * Two Thousand Five
Hundred Dollars ($2,500.00) nor more than * * * Ten Thousand
Dollars ($10,000.00), 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.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO AMEND SECTION 31-13-11, MISSISSIPPI CODE OF 1972, TO REVISE THE MINIMUM AND MAXIMUM FEE PAID TO THE STATE'S BOND ATTORNEY 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.