2005 Regular Session
To: Banking and Financial Services; Municipalities
By: Representative Guice
AN ACT TO CREATE NEW SECTION 81-1-120, MISSISSIPPI CODE OF 1972, TO DIRECT THE COMMISSIONER OF BANKING AND CONSUMER FINANCE TO ENSURE THAT ALL BUSINESSES AND ENTITIES UNDER THE SUPERVISION OF THE DEPARTMENT OF BANKING AND CONSUMER FINANCE ARE TREATED IN THE SAME MANNER FOR ZONING PURPOSES; TO PROHIBIT ANY ZONING ORDINANCE OR REGULATION THAT REQUIRES ANY BUSINESS OR ENTITY UNDER THE SUPERVISION OF THE DEPARTMENT TO BE LOCATED ONLY WITHIN AN AREA HAVING A CERTAIN ZONING CLASSIFICATION UNLESS IT REQUIRES ALL OTHER BUSINESSES AND ENTITIES UNDER THE SUPERVISION OF THE DEPARTMENT TO BE LOCATED WITHIN THAT SAME AREA; TO AUTHORIZE THE COMMISSIONER TO TAKE APPROPRIATE LEGAL ACTION TO ENFORCE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 81-1-120, Mississippi Code of 1972:
81-1-120. The Commissioner of Banking and Consumer Finance shall ensure that all businesses and entities under the supervision of the Department of Banking and Consumer Finance are treated in the same manner for zoning purposes. No zoning ordinance or regulation shall require that any business or entity under the supervision of the department be located only within an area or areas having a certain zoning classification unless it requires all other businesses and entities under the supervision of the department to be located within that same area or areas. The commissioner may take appropriate action in any court of competent jurisdiction to enforce compliance with the provisions of this section.
SECTION 2. This act shall take effect and be in force from and after July 1, 2005.