Bill Text: MS SB2574 | 2013 | Regular Session | Introduced
Bill Title: Municipalities and counties; provide for approval of minutes when no action is taken by governing body.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-02-05 - Died In Committee [SB2574 Detail]
Download: Mississippi-2013-SB2574-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Municipalities; County Affairs
By: Senator(s) Simmons (13th)
Senate Bill 2574
AN ACT TO AMEND SECTIONS 19-3-27 AND 21-15-33, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MINUTES OF MUNICIPAL AND COUNTY PROCEEDINGS SHALL AUTOMATICALLY HAVE THE LEGAL EFFECT OF BEING VALID FROM AND AFTER THE THIRTY-FIRST DAY OF THE MEETING, IF NO ACTION IS TAKEN TO APPROVE THE MINUTES AS REQUIRED BY LAW; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 19-3-27, Mississippi Code of 1972, is amended as follows:
19-3-27. It shall be the duty of the clerk of the board of supervisors to keep and preserve a complete and correct record of all the proceedings and orders of the board. He shall enter on the minutes the names of the members who attend at each meeting, and the names of those who fail to attend. He shall safely keep and preserve all records, books, and papers pertaining to his office, and deliver them to his successor when required. The minutes of each day's proceedings shall either (a) be read and signed by the president or the vice president, if the president is absent or disabled so as to prevent his signing of the minutes, on or before the first Monday of the month following the day of adjournment of any term of the board of supervisors; or (b) be adopted and approved by the board of supervisors as the first order of business on the first day of the next monthly meeting of the board; however, if the board fails to take any action to approve the minutes on the first day of its next monthly meeting, the minutes shall be deemed to have been approved by the board after thirty (30) days of the original meeting and shall automatically have the legal effect of being valid from and after the thirty-first day.
SECTION 2. Section 21-15-33, Mississippi Code of 1972, is amended as follows:
21-15-33. The minutes of
every municipality must be adopted and approved by a majority of all the
members of the governing body of the municipality at the next regular meeting
or within thirty (30) days of the meeting thereof, whichever occurs first. Upon
such approval, * * *
the minutes shall have the legal effect of being valid from and after
the date of the meeting. However, if the governing body fails to take any
action to approve the minutes as required in this section, the minutes shall be
deemed to have been approved by the governing body after thirty (30) days of
the original meeting and shall automatically have the legal effect of being
valid from and after the thirty-first day. The governing body may by
ordinance designate that the minutes be approved by the mayor.
It shall not be necessary for each ordinance to be signed so long as it appears on the minutes of the municipality, which minutes shall have been signed by the mayor or a majority of the governing body of the municipality and certified by the municipal clerk.
SECTION 3. This act shall take effect and be in force from and after July 1, 2013.
