MISSISSIPPI LEGISLATURE

2007 Regular Session

To: Municipalities

By: Senator(s) Michel

Senate Bill 3049

(As Sent to Governor)

AN ACT TO PROVIDE A PROCEDURE TO HELP COLLECT DELINQUENT MUNICIPAL, COUNTY, DISTRICT OR RURAL WATER BILLS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  For purposes of this act:

          (a)  "Water sewer association" means any corporation, whether for profit or not for profit, that provides, distributes, transmits, treats, pumps, or stores raw or potable water to, or for the benefit of, members of the general public or commercial, industrial and other users; and

          (b)  "Water sewer system" means any entity that provides, distributes, transmits, treats, pumps or stores raw or potable water to or for the benefit of members of the general public and commercial, industrial, and other users, including, without limitation, the following entities that perform such activities:

              (i)  Municipalities;

              (ii)  Counties; and

              (iii)  Water sewer associations.

     (2)  (a)  When a person is delinquent on the payment of an undisputed bill for water sewer service provided by a water sewer system within this state, moves into another area of this state, and applies for or receives water from another water sewer system, if the person's former water sewer system establishes that there is no dispute that the delinquent amount is properly due and owed by that particular individual in that amount, the new water sewer system shall refuse to provide water sewer service to the delinquent person until such person provides proof of curing the delinquency.

          (b)  This subsection shall not apply to a delinquency that has been disputed by the person in writing, unless the delinquency has been reduced to a final judgment of a court of competent jurisdiction.

     SECTION 2.  No provision of this act shall apply to a water sewer system that is regulated by the Mississippi Public Service Commission as a "public utility" as defined in Section 77-3-3.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2007.