2002 Regular Session
To: County Affairs; Ways and Means
By: Representative Reynolds, Mitchell
AN ACT TO AMEND SECTION 41-13-25, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD OF SUPERVISORS OF ANY COUNTY TO PLEDGE A PORTION OF THE PROCEEDS FROM COUNTY AD VALOREM TAXES TO RETIRE ANY BONDS, NOTES, DEBTS OR OBLIGATIONS THAT THE COUNTY MAY INCUR IN THE CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, MAINTENANCE OR OPERATION OF A COUNTY HOSPITAL; TO LIMIT THE AMOUNT OF AD VALOREM TAX PROCEEDS THAT MAY BE LEVIED FOR SUCH PURPOSES; TO PROVIDE THAT A PLEDGE OF THE PROCEEDS OF ANY AD VALOREM TAX LEVIED UNDER THIS SECTION SHALL BE BINDING UPON ANY SUBSEQUENT BOARD OF SUPERVISORS OF THE COUNTY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-13-25, Mississippi Code of 1972, is amended as follows:
41-13-25. (1) The board of supervisors acting for a county, supervisors district or districts or an election district of such county, and the board of aldermen, city council or other like governing body acting for a city or town, are hereby authorized and empowered to levy ad valorem taxes on all the taxable property of such counties, cities, towns, supervisors district or election district for the purposes of raising funds for the maintenance and operation of hospitals, nurses' homes, health centers, health departments, diagnostic or treatment centers, rehabilitation facilities, nursing homes and related facilities established under the provisions of Sections 41-13-15 through 41-13-51, and for making additions and improvements thereto and to pledge such ad valorem taxes, whether or not actually levied, for the retirement of debt incurred either by or on behalf of such facilities and/or pursuant to agreements executed under the authority of the Mississippi Hospital Equipment and Facilities Authority Act; however, any debt incurred by the pledge of taxes to retire debt incurred either by or on behalf of such facilities and/or pursuant to such agreements shall not be included in debt limits prescribed by Section 19-9-5 or Section 21-33-303, as the case may be unless and until such pledged taxes are actually levied. The amount levied for such purpose shall not exceed five (5) mills on the dollar in any one (1) year. Expenditures of said taxes for such additions and improvements shall not exceed in any fiscal year the total amount budgeted therefor by the board of trustees for the respective institutions affected. The tax levy authorized in this section shall be in addition to all other taxes now or hereafter authorized to be levied by such counties, cities, towns, supervisors districts or election district.
It is further provided that any such supervisors district in a county with a land area of five hundred ninety-two (592) square miles, wherein Mississippi Highways 8 and 9 intersect, participating with a municipality under provisions of law by contracting to assist the cost of operation and maintenance of an erected hospital, may levy such ad valorem tax as is needed to operate and maintain such hospital as is provided herein.
(2) Notwithstanding any other provisions of this section, the board of supervisors of any county may pledge a portion of the proceeds from ad valorem taxes of the county to retire any bonds, notes, debts or obligations that the county has incurred or may incur in the construction, reconstruction, improvement, maintenance or operation of a county hospital. The maximum amount that the board of supervisors may pledge under this subsection shall not exceed the amount that five (5) mills ad valorem tax on all of the taxable property of the county will generate, or an amount not to exceed one percent (1%) of the total assessed value of all of the taxable property of the county, whichever amount is less. A pledge of the proceeds of any ad valorem tax levied under this section shall be binding upon any subsequent board of supervisors of the county and may not be revoked, rescinded or voidable as long as any such bonds, notes, debts or other obligations are outstanding.
SECTION 2. This act shall take effect and be in force from and after its passage.