MISSISSIPPI LEGISLATURE

2006 Regular Session

To: County Affairs

By: Representative Cockerham

House Bill 1437

AN ACT TO AMEND SECTION 19-5-18, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE REASONABLE COSTS PAID TO AN ELECTED COUNTY OFFICIAL FOR THE COLLECTION OF FEES OR CHARGES IMPOSED FOR GARBAGE COLLECTION SHALL INCLUDE COMPENSATION TO SUCH ELECTED COUNTY OFFICIAL FOR COLLECTING THE FEES OR CHARGES; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 19-5-18, Mississippi Code of 1972, is amended as follows:

     19-5-18.  (1)  To defray the cost of establishing, operating and maintaining the system provided for in Section 19-5-17, the board of supervisors may develop a system for the billing and/or the collection of any fees or charges imposed on each person furnished garbage and/or rubbish collection and/or disposal service by the county or at the expense of the county.  The board of supervisors may designate, by resolution, a county official to collect the fees or charges.  If the board of supervisors designates an elected county official to collect the fees or charges, the board of supervisors shall pay the reasonable costs incurred in collecting the fees or charges and compensation to such elected county official for collecting the fees or charges.  The county official so designated shall notify the board of supervisors monthly of any unpaid fees or charges assessed under Section 19-5-21.  The sheriff of the county, in accordance with the performance of his regular duties, shall assist in the collection of any delinquent fees or charges.

     (2)  The board of supervisors may enter into a contract upon mutual agreement with a public or private corporation, nonprofit corporation, planning and development district or a public agency, association, utility or utility district within the county and/or the area receiving garbage and/or rubbish collection and/or disposal services from the county for the purpose of developing, maintaining, operating and administering a system for the billing and/or collection of fees or charges imposed by the county for garbage and/or rubbish collection and/or disposal services.  The entity with whom the board of supervisors contracts shall notify the board of supervisors monthly of any unpaid fees or charges assessed under Section 19-5-21.  Any entity that contracts to provide a service to customers, within the area being served by the county's garbage and/or rubbish collection and/or disposal system, may provide a list of its customers to the board of supervisors upon the request of the board.

     SECTION 2.  The Attorney General of the State of 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 3.  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.