1997 Regular Session
To: Conservation and Water Resources
By: Representative Ellington
House Bill 1237
(As Passed the House)
AN ACT TO AMEND SECTION 51-3-18, MISSISSIPPI CODE OF 1972, TO DELETE THE LIST OF SPECIFICALLY NAMED RIVER BASIN, FLOOD CONTROL AND WATER DISTRICTS THAT MAY RECEIVE STATE ASSISTANCE AND TO PROVIDE THAT THE DEPARTMENT OF ENVIRONMENTAL QUALITY MAY PROVIDE WATER RESOURCES-RELATED ASSISTANCE TO ANY AUTHORITY OR DISTRICT CREATED UNDER STATE LAWS REGULATING WATER RESOURCES; TO REPEAL SECTIONS 51-17-1 THROUGH 1-17-35, MISSISSIPPI CODE OF 1972, WHICH CREATE AND SET FORTH POWERS AND DUTIES OF THE BIG BLACK RIVER BASIN DISTRICT; TO REPEAL SECTIONS 51-19-1 THROUGH 51-19-15, MISSISSIPPI CODE OF 1972, WHICH CREATE AND SET FORTH POWERS AND DUTIES OF THE WEST CENTRAL MISSISSIPPI WATERWAY COMMISSION; TO REPEAL SECTIONS 51-21-1 THROUGH 51-21-31, MISSISSIPPI CODE OF 1972, WHICH CREATE AND SET FORTH POWERS AND DUTIES OF THE LOWER MISSISSIPPI RIVER BASIN DEVELOPMENT DISTRICT; TO REPEAL SECTIONS 51-35-101 THROUGH 51-35-213, MISSISSIPPI CODE OF 1972, WHICH CREATE AND SET FORTH THE POWERS AND DUTIES OF FLOOD CONTROL DISTRICTS UNDER THE 1936 FLOOD CONTROL LAW OF MISSISSIPPI; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 51-3-18, Mississippi Code of 1972, is amended as follows:
51-3-18. The Department of Environmental Quality through the Office of Land and Water Resources or a successor office, may provide water resources-related assistance to any authority or district created or established under this title.
SECTION 2. Sections 51-17-1, 51-17-3, 51-17-5, 51-17-7, 51-17-9, 51-17-11, 51-17-13, 51-17-15, 51-17-17, 51-17-19, 51-17-21, 51-17-23, 51-17-25, 51-17-27, 51-17-29, 51-17-31, 51-17-33 and 51-17-35, Mississippi Code of 1972, which establish legislative intent and policy for the Big Black River Basin District; authorize the organization of the district; specify which counties may become part of the district; provide for a board of directors, creation of the district, payments to the district, expenses of the district and powers and duties of the district; place certain requirements on the issuance of construction contracts; authorize the district to provide park and recreation facilities; authorize the board of directors to adopt rules and regulations and to designate depositories for district funds; provide for certain agreements, cooperation with other government agencies and severability; exempt the district and its bonds from taxation; and provide the intent of the Legislature regarding overflow of school lands, are repealed.
SECTION 3. Sections 51-19-1, 51-19-3, 51-19-5, 51-19-7, 51-19-9, 51-19-11, 51-19-13 and 51-19-15, Mississippi Code of 1972, which establish the purpose of the West Central Mississippi Waterway Commission; provide for the commission membership, appointment of delegates and their compensation and term of office and organization and powers and duties of the commission; authorize cooperation by other governmental bodies, and provide that this chapter is supplemental to other laws, are repealed.
SECTION 4. Sections 51-21-1, 51-21-3, 51-21-5, 51-21-7, 51-21-9, 51-21-11, 51-21-13, 51-21-14, 51-21-15, 51-21-17, 51-21-19, 51-21-21, 51-21-23, 51-21-25, 51-21-27, 51-21-29 and 51-21-31, Mississippi Code of 1972, which establish legislative intent and policy for the Lower Mississippi River Basin Development District; authorize the organization of the district and specify which counties may become part of the district; provide for a board of directors, creation of the district, powers and duties of the district and issuance of bonds and levy of special tax by the district; place certain requirements on the issuance of construction contracts; authorize the district to provide park and recreation facilities; authorize the board of directors to adopt rules and regulations and to designate depositories for district funds; provide for certain agreements, cooperation with other government agencies and severability; exempt the district and its bonds from taxation and provide the intent of the Legislature regarding overflow of school lands, are repealed.
SECTION 5. Sections 51-35-101, 51-35-103, 51-35-105, 51-35-107, 51-35-109, 51-35-111, 51-35-113, 51-35-115, 51-35-117, 51-35-119, 51-35-121, 51-35-123, 51-35-125, 51-35-127, 51-35-129, 51-35-131, 51-35-133, 51-35-135, 51-35-137, 51-35-139, 51-35-141, 51-35-143, 51-35-145, 51-35-147, 51-35-149, 51-35-151, 51-35-153, 51-35-155, 51-35-157, 51-35-159, 51-35-161, 51-35-163, 51-35-165, 51-35-167, 51-35-169, 51-35-171, 51-35-173, 51-35-175, 51-35-177, 51-35-179, 51-35-181, 51-35-183, 51-35-185, 51-35-187, 51-35-189, 51-35-191, 51-35-193, 51-35-195, 51-35-197, 51-35-199, 51-35-201, 51-35-203, 51-35-205, 51-35-207, 51-35-209, 51-35-211 and 51-35-213, Mississippi Code of 1972, which create the 1936 Flood Control Law of Mississippi, define certain terms; authorize the creation of flood control districts and establish the jurisdiction of the chancery court to create a district; authorize the board of supervisors of a county to petition for inclusion in a district; provide for the bond and powers and duties of the engineer appointed by the chancellor; provide for notice of hearing on a petition, conduct of the hearing and appeals of the order of the chancellor; provide for the powers and duties of the district, name of the district and designation of a place for a district office; create the board of commissioners and provide for terms of office, oath and compensation of board members and for organization, quorum, employees, minutes and officers of the board; authorize the board of commissioners to designate depositories for funds of the district, authorize the use of bonds and warrants; create an executive committee of the board, define the liability of a commissioner; require the adoption and allow the alternation of a flood control plan; authorize the board to charge preliminary expenses against property, to enter onto property, to acquire lands, to cooperate in the construction and maintenance of and to construct certain structures, to exercise eminent domain rights, to enlarge or combine districts, to borrow money for certain purposes and to fix, levy and provide for the collection of ad valorem taxes for certain purposes; allow the sale of property for delinquent taxes, provide for an appeal from certain actions; authorize hearings before a special commissioner appointed by the chancellor, reimbursement of expenses of a chancellor and acceptance of reimbursements for amounts advanced for expenditure under an official plan; require the district to continue after completion of the plan; authorize the board of commissioners to exercise certain police powers and to compel the performance of a duty by mandamus; provide penalties for certain acts, identify the relationship between flood control districts and drainage districts; establish a procedure to perfect a defective notice; authorize the board of commissioners to pay taxes on certain exempt lands and provide certain assurances to the United States Secretary of War, and limit the ad valorem tax assessed under these sections, are repealed.
SECTION 6. This act shall take effect and be in force from and after July 1, 1997.