1998 Regular Session
To: Local and Private Legislation
By: Representative Mitchell
House Bill 1674
(As Sent to Governor)
AN ACT TO AUTHORIZE THE BOARD OF SUPERVISORS OF UNION COUNTY TO LEVY AN ASSESSMENT, IN ADDITION TO ANY OTHER ASSESSMENTS AND COURT COSTS, IN CERTAIN CASES FOR THE PURPOSE OF FUNDING A DRUG ABUSE RESISTANCE EDUCATION PROGRAM OR SIMILAR PROGRAM IN THE LOCAL SCHOOL DISTRICTS, OR FOR OTHER DRUG-RELATED LAW ENFORCEMENT PURPOSES; TO PROVIDE FOR A REVERSE REFERENDUM ON THE QUESTION OF IMPOSING SUCH ADDITIONAL ASSESSMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Board of Supervisors of Union County, Mississippi ("board of supervisors"), in its discretion, by resolution duly adopted and entered on its minutes, may levy an assessment, in addition to any other assessments and court costs, in the justice, county and circuit courts situated within the county as follows:
(a) Upon each person convicted under the Controlled Substances Law, the amount of Fifty Dollars ($50.00).
(b) Upon each person convicted under the Mississippi Implied Consent Law, the amount of Twelve Dollars and Fifty Cents ($12.50).
(c) Upon all other traffic violations, the amount of Two Dollars and Fifty Cents ($2.50).
(2) The resolution adopted by the board of supervisors shall include a statement of the board's intent to levy the additional assessments, the purpose therefor and the date on which the courts will begin to levy the additional court costs.
(3) The avails of any additional assessments levied under subsection (1) of this section shall be used to fund the implementation of a Drug Abuse Resistance Education Program or similar program designed to deter the abuse of drugs in the county school district and/or any separate school district that encompasses territory within Union County and any adjoining county or counties, or for other drug-related law enforcement purposes, as specified in the resolution. The board of supervisors shall determine, in its discretion, if it will contribute funds and the amount thereof, if any, for such a program in a separate school district that encompasses territory within an adjoining county or counties.
(4) Upon the adoption of the resolution stating its intent to levy the additional assessments and the approval of such additional assessments by a majority of the qualified electors of Union County as provided in Section 2 of this act, the board of supervisors shall provide for the creation of a special county fund in which all assessments collected under subsection (1) of this section shall be deposited. Monies in the special fund shall be used for the sole purpose of defraying the cost of the Drug Abuse Resistance Education Program or similar program or other drug-related law enforcement efforts.
(5) The clerks of the respective courts shall deposit and account for the additional assessments collected under subsection (1) of this section in the same manner as fines collected in those courts.
SECTION 2. Before the assessments authorized by this act may be levied, the board of supervisors shall adopt a resolution declaring its intention to levy the assessment, setting forth the amount of such assessment and establishing the date on which the assessments initially shall be levied. Notice of the proposed assessments shall be published once each week for at least three (3) consecutive weeks in a newspaper having a general circulation in Union County. The first publication of the notice shall be made not less than twenty-one (21) days before the date fixed in the resolution on which the assessments initially are to be levied, and the last publication of the notice shall be made not more than seven (7) days before such date. If, within the time of giving notice, twenty percent (20%) or fifteen hundred (1500), whichever is less, of the qualified electors of Union County, file a written petition against the levy of such assessments, then the assessments shall not be levied unless authorized by a majority of the qualified electors of Union County, voting at an election to be called and held for that purpose.
SECTION 3. The Board of Supervisors of Union County, Mississippi, shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.
SECTION 4. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.