House Bill 1266

AN ACT TO AMEND SECTION 19-3-19, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FOR A SPECIAL OR EMERGENCY MEETING, THE COUNTY BOARD OF SUPERVISORS MAY PROVIDE SUCH NOTICE WITHIN TWO HOURS OF THE MEETING VIA THE COUNTY'S WEBSITE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 19-3-19, Mississippi Code of 1972, is amended as follows:

19-3-19. (1) The board of supervisors may, at a regular meeting, by an order on its minutes, adjourn to meet at any time it may determine upon.

(2) Except as otherwise provided in subsection (4) of this section, the president, or the vice president in the absence or disability of the president, or any three (3) members of the board, may call special meetings when deemed necessary. Notice shall be given of all special meetings, for at least five (5) days, by advertisement posted at the courthouse door, or published in a newspaper of the county, and the notice thereof, whether posted or published in a newspaper, shall be entered in full on the minutes of * * *~~said~~ the meeting. The notice of a special meeting * * *, shall specify each matter of business to be transacted thereat, and at such special meetings business shall not be transacted which is not specified in the order or notice for such meeting.

(3) Except as otherwise provided in subsection (5) of this section, the president, or the vice president in the absence or disability of the president, or any two (2) members of the board, may by written notice, call an emergency meeting of the board of supervisors in cases of an emergency arising as a result of serious damage to county property, or to roads or bridges, or emergencies arising as a result of epidemic conditions or weather conditions. The notice shall state the time of the meeting and distinctly specify the subject matters of business to be acted upon and be signed before a notary by the officer or officers calling the meeting. At least three (3) hours before the time fixed for the meeting, notice shall be personally delivered to the members of the board who have not signed it and who can be found. The notice shall also be posted at the courthouse door at least three (3) hours before the time fixed for the meeting. If a member of the board cannot be found to complete the personal delivery of the notice, the president, vice president or any one of the two (2) members of the board calling an emergency meeting shall make every attempt, within the applicable notice period, to contact the board member that was not personally found by other available means, including, but not limited to, telephone or e-mail. The method of notice used to call the meeting shall be entered on the minutes of the emergency meeting, and business not specified in the notice shall not be transacted at the meeting.

(4) In lieu of the procedure set out under subsection (2) of this section, the president, or the vice president in the absence of the president, or any three (3) members of the board, may call special meetings within two (2) hours of such meeting. The notice of a special meeting ,shall specify each matter of business to be transacted thereat, and at such special meeting, business shall not be transacted which is not specified in the order or notice for such meeting. The notice of the special meeting shall be posted as follows:

(a) Within two (2) hours after such special meeting is called in a prominent place available for examination and inspection by the general public in the building in which the board of supervisors normally meets. A copy of the notice shall be made a part of the minutes or other permanent official records of the public body; and

(b) To the county's website, if the county has a website and has the capability to update the website, not less than two (2) hours before the meeting. The notice shall specify the place, date, hour and subject of the special meeting. A copy of this notice shall be transmitted via email or facsimile not less than two (2) hours before the meeting to any citizen and any publication, broadcast and digital media with a general circulation or coverage within the county's jurisdiction, that has submitted in writing its interest to receive these notices. Any county board of supervisors may, at its discretion, purge any list of publications, broadcasts or digital media that have requested to receive the notices once every twenty-four (24) months. After the purge, any publication, broadcast or digital media may resubmit in writing its interest to receive the notices. Nothing in this subsection shall add additional notice requirements for meetings of county boards of supervisors held in cases of emergencies. The provision of this subsection requiring notice to be posted on the county's website shall not apply to any county with less than fifty thousand (50,000) according to the latest federal decennial census.

(5) In lieu of the procedure set out under subsection (3) of this section, the president, or the vice president in the absence or disability of the president, or any two (2) members of the board, may call an emergency meeting within two (2) hours of the meeting. The notice shall specify the place, date, hour and subject of the emergency meeting. The notice of an emergency meeting shall specify each matter of business to be transacted thereat, and at such emergency meeting, business shall not be transacted which is not specified in the order or notice for such meeting. An emergency meeting of the board of supervisors may be called in cases of an emergency arising as a result of serious damage to county property, or to roads or bridges, or emergencies arising as a result of epidemic conditions or weather conditions. Notice of an emergency meeting shall be posted to the county's website, if the county has a website and has the capability to update the website, not less than two (2) hours before the meeting. A copy of this notice shall be transmitted via email or facsimile not less than two (2) hours before the meeting to any citizen and any publication, broadcast and digital media with a general circulation or coverage within the county's jurisdiction, that has submitted in writing its interest to receive these notices. Any county board of supervisors may, at its discretion, purge any list of publications, broadcasts or digital media that have requested to receive the notices once every twenty-four (24) months. After the purge, any publication, broadcast or digital media may resubmit in writing its interest to receive the notices. Nothing in this subsection (5) shall add additional notice requirements, unless otherwise provided by a law, for meetings of county boards of supervisors held in cases of emergencies. The provision of this subsection (5) requiring notice to be posted on the county's website shall not apply to any county with less than fifty thousand (50,000) according to the latest federal decennial census.

SECTION 2. This act shall take effect and be in force from and after July 1, 2025.