Bill Text: MS SB2909 | 2024 | Regular Session | Introduced


Bill Title: Publication of public business notice; increase legal rate in newspaper and provide for correction notice on website.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-03-05 - Died In Committee [SB2909 Detail]

Download: Mississippi-2024-SB2909-Introduced.html

MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Accountability, Efficiency, Transparency

By: Senator(s) Simmons (12th)

Senate Bill 2909

AN ACT TO AMEND SECTION 25-7-65, MISSISSIPPI CODE OF 1972, TO INCREASE THE LEGAL RATE OF PUBLICATION OF PUBLIC BUSINESS AND TO PROVIDE FOR PUBLICATION OF CORRECTION OF LEGAL NOTICE ON THE WEBSITE OF THE NEWSPAPER OR THE WEBSITE OF THE COUNTY OR MUNICIPALITY; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 25-7-65, Mississippi Code of 1972, is amended as follows:

     25-7-65.  Printers and publishers shall be entitled to the following fees:

          (a)  For publishing in a newspaper any summons, order, citation, advertisement or notice required by law to be published in a newspaper, * * * Twelve Cents (12¢) Twenty Cents (20¢) for each word it contains for the first insertion, and * * * Ten Cents (10¢) Eighteen Cents (18¢) for each of the words for each subsequent insertion required by law; however, as an alternative, such printers and publishers may charge such fees per line which are acceptable to the party placing the publication not to exceed the * * * Twelve Cents (12¢) Twenty Cents (20¢) and * * * Ten Cents (10¢) Eighteen Cents (18¢) per word as set out in this subsection.  Such fee shall increase each year starting July 1, 2025, at a rate comparable to the Consumer Price Index (CPI).

     When four (4) or more numerals appear consecutively in any such legal publication, four (4) numerals shall be considered as one (1) word, and if there remains a fractional portion of such unit of four (4) numerals therein such fraction shall also be counted as one (1) word.  In the case of numbers containing less than four (4) numerals which are isolated from other numerals by words in such publication, the same shall be counted as one (1) word.  When tables or tabular matter are included, each line of the standard newspaper column shall be considered as containing at least six (6) words.

          (b)  The fees authorized in this paragraph (a) shall not be chargeable for any erroneous publication of a summons, order, citation, advertisement or notice required by law to be published in a newspaper, if such error is not attributable to the person or entity requesting the publication.

          (c)  In the event that an error is made in the text or publication date of a legal notice required to be published for a county or municipal government, a correction shall be made as follows:

              (i)  The correct notice shall be prominently displayed within two (2) business days of the original publication date on the website of the legal organ or newspaper of general circulation or the website of the county or municipality;

              (ii)  The legal organ or newspaper of general circulation shall have the correct notice posted on the Mississippi Press Association database within two (2) business days of the original publication date; and

              (iii)  The correct notice shall be published in the next edition of the legal organ or newspaper of general circulation after being displayed on the required website.

          (d)  Postings on the required website shall remain in place until the conclusion of the event or action being advertised; provided, however, that no website as defined in paragraph (c)(i) through (iii) of this section.

          (e)  A correction made as prescribed in this section shall be considered as having been correctly published on the original publication date and shall satisfy any and all legal requirements of adequate notice to the public.

          ( * * *bf)  For making proof of publication, making a copy thereof, and for deposing to the same, Three Dollars ($3.00); but this section shall not apply to the publication of ordinances of municipalities, proceedings of the board of supervisors and school boards or audit reports.

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


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