2005 Regular Session
To: Ways and Means
By: Representative Eaton
AN ACT TO AMEND SECTIONS 27-53-17, 27-53-21 AND 27-41-101, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MANNER AND METHOD FOR COLLECTING AND ENFORCING THE PAYMENT OF DELINQUENT AD VALOREM TAXES ON MANUFACTURED HOMES AND MOBILE HOMES CLASSIFIED AS PERSONAL PROPERTY SHALL BE THE SAME, AS NEARLY AS PRACTICABLE, AS IS PRESCRIBED BY LAW FOR THE COLLECTION AND ENFORCEMENT OF DELINQUENT AD VALOREM TAXES ON REAL PROPERTY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 27-53-17, Mississippi Code of 1972, is amended as follows:
27-53-17. * * * Except as otherwise provided in Section 27-41-2, it shall be the duty of the tax collector of the county in which the manufactured home or mobile home is registered and assessed to collect the ad valorem taxes thereon. * * * The penalty for nonpayment or delinquency of taxes on manufactured homes and mobile homes and the manner and method for collecting and enforcing the payment of such taxes shall be the same, as nearly as practicable, as is prescribed by law in regard to the collection and enforcement of delinquent ad valorem taxes on real estate. * * *
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SECTION 2. Section 27-53-21, Mississippi Code of 1972, is amended as follows:
27-53-21. * * * The tax on manufactured homes or mobile homes, whether classified as real or personal property, shall be collected by the county and city tax collectors as on all other realty.
SECTION 3. Section 27-41-101, Mississippi Code of 1972, is amended as follows:
27-41-101. (1) In the event the tax collector elects to use the provisions of Sections 27-41-101 through 27-41-109 to collect delinquent tax payments on personal property and, upon default of the payment of ad valorem taxes upon personal property upon the due dates prescribed in this chapter * * *, the tax collector shall give written notice to the taxpayer and to any secured lender demanding the payment of the ad valorem taxes on personal property then remaining in default within twenty (20) days from the date of the delivery of the notice. The notice shall be sent by certified or registered mail to the taxpayer at the address given by the taxpayer to the tax assessor or collector upon registration, or delivered by an employee of the tax collector either to the taxpayer or someone of suitable age and discretion at the taxpayer's place of business or residence. The notice shall be sent by certified or registered mail to the secured lender at the address listed on the State Tax Commission's statewide network at the time the taxes become delinquent if a certificate of title has been issued or the address given on the instruments filed with the chancery clerk granting the lender a security interest * * *.
(2) If the taxpayer, any person liable for the payment of ad valorem taxes on personal property or the secured lender, if any, fails or refuses to pay the taxes after receiving the notice and demand as provided in subsection (1) of this section, the tax collector may file a notice of a tax lien for such ad valorem taxes with the circuit clerk of the county in which the taxpayer resides or owns property which shall be enrolled as a judgment on the judgment roll.
(3) Immediately upon receipt of the notice of the tax lien for ad valorem taxes on personal property, the circuit clerk shall enter the notice of a tax lien as a judgment upon the judgment roll and show in the appropriate columns the name of the taxpayer as judgment debtor, the name of the tax collector as judgment creditor, the amount of the taxes, interest, fees and costs and the date and time of enrollment. The judgment shall be valid as against mortgagees, pledgees, entrusters, purchasers, judgment creditors, and other persons from the time of filing with the clerk; provided, however, that the preference of a judgment in regard to any personal property upon which the taxes are assessed, excepting motor vehicles as defined by the Motor Vehicle Ad Valorem Tax Law of 1958, * * * shall be entitled to preference over all judgments, executions, encumbrances or liens whensoever created upon such personal property. * * * The amount of the judgment shall be a debt due the county and remain a lien upon all property and rights to property belonging to the taxpayer, both real and personal, including choses in action, with the same force and like effect as any enrolled judgment of a court of record, and shall continue until satisfied. The judgment shall be the equivalent of any enrolled judgment of a court of record and shall serve as authority for the issuance of writs of execution, writs of attachment, writs of garnishment or other remedial writs. The tax collector may issue warrants for collection of ad valorem taxes from such judgments, in lieu of the issuance of any remedial writ by the circuit clerk, as provided in Sections 27-41-103 and 27-41-105; provided, however, that the judgment shall not be a lien upon the property of the taxpayer for a longer period than seven (7) years from the date of the filing of the notice of tax lien for ad valorem taxes, damages and interest unless action be brought thereon before the expiration of such time or unless the tax collector refiles such notice of tax lien before the expiration of such time. The judgment shall be a lien upon the property of the taxpayer for a period of seven (7) years from the date of refiling such notice of tax lien unless action be brought thereon before the expiration of such time or unless the tax collector refiles such notice of tax lien before the expiration of such time. There shall be no limit upon the number of times that the tax collector may refile notices of tax liens.
(4) The provisions of this section shall not be applicable to the collection of delinquent ad valorem taxes on manufactured homes or mobile homes classified as personal property.
SECTION 4. This act shall take effect and be in force from and after January 1, 2005.