2005 Regular Session
To: Local and Private Legislation
By: Representative Rogers (14th)
AN ACT TO AUTHORIZE THE BOARD OF ALDERMEN OF NEW ALBANY, MISSISSIPPI, 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 QUESTIONS 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 Aldermen of New Albany, Mississippi ("board of aldermen"), in its discretion, by resolution duly adopted and entered on its minutes, may levy an assessment, in addition to any other assessments and courts costs, in the municipal court situated within the city as follows: Upon each person convicted under the Controlled Substances Law; upon each person convicted under the Mississippi Implied Consent Law; and upon those convicted of all other traffic violations, the amount of Five Dollars ($5.00).
(2) The resolution adopted by the board of aldermen shall include a statement of the board's intent to levy the additional assessments, the purpose therefor and the date on which the court 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 city school district or for other drug related law enforcement purposes, as specified in the resolution.
(4) Upon the adoption of the resolution stating its intent to levy the additional assessment and the approval of such additional assessments by a majority of the qualified electors of New Albany, Mississippi, as provided in Section 2 of this act, the board of aldermen shall provide for the creation of a special city 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 Educational Program or similar program or other drug-related law enforcement efforts.
(5) The clerk of the municipal court shall deposit and account for the additional assessment collected under subsection (1) of this section in the same manner as fines collected in that court.
SECTION 2. Before the assessments authorized by this act may be levied, the board of aldermen 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 New Albany, Mississippi. 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 giving notice, twenty percent (20%) or one thousand five hundred (1,500), whichever is less, of the qualified electors of New Albany, Mississippi, 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 New Albany, Mississippi, voting at an election to be called and held for that purpose.
SECTION 3. The Board of Aldermen of New Albany, 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.