2012 Regular Session
To: County Affairs
By: Representatives Baker, Rogers (61st), Weathersby, Gipson
AN ACT TO AMEND SECTION 19-3-40, MISSISSIPPI CODE OF 1972, TO CLARIFY THE AUTHORITY OF A COUNTY BOARD OF SUPERVISORS TO ADOPT AN ORDER, RESOLUTION OR ORDINANCE THAT APPLIES TO A SPECIFIC PART OF THE COUNTY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 19-3-40, Mississippi Code of 1972, is amended as follows:
19-3-40. (1) The board of supervisors of any county shall have the power to adopt any orders, resolutions or ordinances with respect to county affairs, property and finances, for which no specific provision has been made by general law and which are not inconsistent with the Mississippi Constitution, the Mississippi Code of 1972, or any other statute or law of the State of Mississippi; and any such board shall likewise have the power to alter, modify and repeal such orders, resolutions or ordinances. Except as otherwise provided in subsection (2) of this section, the powers granted to boards of supervisors in this section are complete without the existence of or reference to any specific authority granted in any other statute or law of the State of Mississippi.
Unless otherwise clearly indicated and defined as to geographic area determined by zoning district, section lines or other discernable boundaries, the need and purpose for which is determined by the board of supervisors with specific findings in support thereof, which are included in such order, resolution or ordinance, such orders, resolutions or ordinances shall apply countywide except when the governing authorities of any municipality situated within a county adopt any order, resolution or ordinance governing the same general subject matter. In such case the municipal order, resolution or ordinance shall govern within the corporate limits of the municipality.
(2) This section shall not authorize the board of supervisors of a county to (a) levy taxes other than those authorized by statute or increase the levy of any authorized tax beyond statutorily established limits, (b) issue bonds of any kind, (c) change the requirements, practices or procedures for county elections or establish any new elective office, (d) use any public funds, equipment, supplies or materials for any private purpose, (e) regulate common carrier railroads, (f) grant any donation, or (g) without prior legislative approval, regulate, directly or indirectly, the amount of rent charged for leasing private residential property in which the county does not have a property interest; unless such actions are specifically authorized by another statute or law of the State of Mississippi.
SECTION 2. This act shall take effect and be in force from and after July 1, 2012.