MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Accountability, Efficiency, Transparency
By: Representative Foster
AN ACT TO ABOLISH CERTAIN INACTIVE BOARDS, COMMISSIONS, COUNCILS, COMMITTEES AND AUTHORITIES; TO REPEAL SECTIONS 43-53-1 THROUGH 43-53-11, MISSISSIPPI CODE OF 1972, WHICH ESTABLISH THE MISSISSIPPI LEADERSHIP COUNCIL ON AGING; TO AMEND SECTION 99-19-73, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; TO REPEAL SECTION 39-29-1, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES THE MISSISSIPPI COMMISSION ON THE HOLOCAUST; TO REPEAL SECTIONS 41-73-1 THROUGH 41-73-45, MISSISSIPPI CODE OF 1972, AND SECTIONS 41-73-49 THROUGH 41-73-75, MISSISSIPPI CODE OF 1972, WHICH ESTABLISH THE HOSPITAL EQUIPMENT AND AUTHORITY ACT; TO AMEND SECTIONS 7-1-403, 7-7-2, 41-73-47 AND 41-13-25, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; TO REPEAL SECTIONS 65-33-27 AND 65-33-29, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZE THE ESTABLISHMENT OF A ROAD PROTECTION COMMISSION FOR EACH COUNTY; TO AMEND SECTIONS 65-33-31 AND 65-33-33, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; TO REPEAL SECTIONS 57-33-1 AND 57-33-3, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZE MISSISSIPPI TO BECOME A PARTY STATE IN THE SOUTHERN GROWTH POLICIES AGREEMENT; TO REPEAL SECTION 83-1-201, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES THE WINDSTORM MITIGATION COORDINATING COUNCIL; TO AMEND SECTION 83-34-5, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Sections 43-53-1, 43-53-3, 43-53-5, 43-53-7, 43-53-9 and 43-53-11, Mississippi Code of 1972, which establish the Mississippi Leadership Council on Aging, provide for the membership of the council, establish the powers and duties of the council and create the Mississippi Leadership Council on Aging Fund, are repealed.
SECTION 2. Section 99-19-73, Mississippi Code of 1972, is amended as follows:
99-19-73. (1) Traffic violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation in Title 63, Mississippi Code of 1972, except offenses relating to the Mississippi Implied Consent Law (Section 63-11-1 et seq.) and offenses relating to vehicular parking or registration:
FUND AMOUNT
State Court Education Fund............................ [Deleted]
State Prosecutor Education Fund....................... [Deleted]
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund......... [Deleted]
Child Support Prosecution Trust Fund.................. [Deleted]
Driver Training Penalty Assessment Fund............... [Deleted]
Law Enforcement Officers Training Fund................ [Deleted]
Spinal Cord and Head Injury Trust Fund
(for all moving violations)...................... [Deleted]
Emergency Medical Services Operating Fund............. [Deleted]
* * *
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund........................ [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants.... [Deleted]
Crisis Intervention Mental Health Fund................ [Deleted]
Drug Court Fund....................................... [Deleted]
Judicial Performance Fund............................. [Deleted]
Capital Defense Counsel Fund.......................... [Deleted]
Indigent Appeals Fund................................. [Deleted]
Capital Post-Conviction Counsel Fund.................. [Deleted]
Victims of Domestic Violence Fund..................... [Deleted]
Public Defenders Education Fund....................... [Deleted]
Domestic Violence Training Fund....................... [Deleted]
Attorney General's Cyber Crime Unit................... [Deleted]
Children's Safe Center Fund........................... [Deleted]
DuBard School for Language Disorders Fund............. [Deleted]
Children's Advocacy Centers Fund...................... [Deleted]
Judicial System Operation Fund........................ [Deleted]
GENERAL FUND..................................... $ 90.50
(2) Implied Consent Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or any other penalty for any violation of the Mississippi Implied Consent Law (Section 63-11-1 et seq.):
FUND AMOUNT
Crime Victims' Compensation Fund...................... [Deleted]
State Court Education Fund............................ [Deleted]
State Prosecutor Education Fund....................... [Deleted]
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund......... [Deleted]
Child Support Prosecution Trust Fund.................. [Deleted]
Driver Training Penalty Assessment Fund............... [Deleted]
Law Enforcement Officers Training Fund................ [Deleted]
Emergency Medical Services Operating Fund............. [Deleted]
Mississippi Alcohol Safety Education Program Fund..... [Deleted]
Federal-State Alcohol Program Fund.................... [Deleted]
Mississippi Forensics Laboratory
Implied Consent Law Fund......................... [Deleted]
Spinal Cord and Head Injury Trust Fund................ [Deleted]
Capital Defense Counsel Fund.......................... [Deleted]
Indigent Appeals Fund................................. [Deleted]
Capital Post-Conviction Counsel Fund.................. [Deleted]
Victims of Domestic Violence Fund..................... [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund........................ [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants.... [Deleted]
Crisis Intervention Mental Health Fund................ [Deleted]
Drug Court Fund....................................... [Deleted]
Statewide Victims' Information and
Notification System Fund......................... [Deleted]
Public Defenders Education Fund....................... [Deleted]
Domestic Violence Training Fund....................... [Deleted]
Attorney General's Cyber Crime Unit................... [Deleted]
GENERAL FUND..................................... $ 243.50
(3) Game and Fish Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of the game and fish statutes or regulations of this state:
FUND AMOUNT
State Court Education Fund............................ [Deleted]
State Prosecutor Education Fund....................... [Deleted]
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund......... [Deleted]
Law Enforcement Officers Training Fund................ [Deleted]
Hunter Education and Training Program Fund............ [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund........................ [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for district
attorneys and their legal assistants............. [Deleted]
Crisis Intervention Mental Health Fund................ [Deleted]
Drug Court Fund....................................... [Deleted]
Capital Defense Counsel Fund.......................... [Deleted]
Indigent Appeals Fund................................. [Deleted]
Capital Post-Conviction Counsel Fund.................. [Deleted]
Victims of Domestic Violence Fund..................... [Deleted]
Public Defenders Education Fund....................... [Deleted]
Domestic Violence Training Fund....................... [Deleted]
Attorney General's Cyber Crime Unit................... [Deleted]
GENERAL FUND..................................... $ 89.00
(4) [Deleted]
(5) Speeding, reckless and careless driving violations. In addition to any assessment imposed under subsection (1) or (2) of this section, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for driving a vehicle on a road or highway:
(a) At a speed that exceeds the posted speed limit by
at least ten (10) miles per hour but not more than twenty (20) miles per hour..................................................... $10.00
(b) At a speed that exceeds the posted speed limit by at least twenty (20) miles per hour but not more than thirty (30) miles per hour......................................................... $20.00
(c) At a speed that exceeds the posted speed limit by thirty (30) miles per hour or more.............................. $30.00
(d) In violation of Section 63-3-1201, which is the offense of reckless driving......................................... $10.00
(e) In violation of Section 63-3-1213, which is the offense of careless driving......................................... $10.00
All assessments collected under this subsection shall be deposited into the State General Fund.
(6) Other misdemeanors. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any misdemeanor violation not specified in subsection (1), (2) or (3) of this section, except offenses relating to vehicular parking or registration:
FUND AMOUNT
Crime Victims' Compensation Fund.................... $[Deleted]
State Court Education Fund............................ [Deleted]
State Prosecutor Education Fund....................... [Deleted]
Vulnerable Persons Training, Investigation
and Prosecution Trust Fund....................... [Deleted]
Child Support Prosecution Trust Fund.................. [Deleted]
Law Enforcement Officers Training Fund................ [Deleted]
Capital Defense Counsel Fund.......................... [Deleted]
Indigent Appeals Fund................................. [Deleted]
Capital Post-Conviction Counsel Fund.................. [Deleted]
Victims of Domestic Violence Fund..................... [Deleted]
State Crime Stoppers Fund............................. [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund........................ [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants.... [Deleted]
Crisis Intervention Mental Health Fund................ [Deleted]
Drug Court Fund....................................... [Deleted]
Judicial Performance Fund............................. [Deleted]
Statewide Victims' Information and
Notification System Fund......................... [Deleted]
Public Defenders Education Fund....................... [Deleted]
Domestic Violence Training Fund....................... [Deleted]
Attorney General's Cyber Crime Unit................... [Deleted]
Information Exchange Network Fund..................... [Deleted]
Motorcycle Officer Training Fund...................... [Deleted]
Civil Legal Assistance Fund........................... [Deleted]
Justice Court Collections Fund........................ [Deleted]
Municipal Court Collections Fund...................... [Deleted]
GENERAL FUND....................................... $121.75
(7) Other felonies. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any felony violation not specified in subsection (1), (2) or (3) of this section:
FUND AMOUNT
Crime Victims' Compensation Fund..................... $[Deleted]
State Court Education Fund............................ [Deleted]
State Prosecutor Education Fund....................... [Deleted]
Vulnerable Persons Training, Investigation
and Prosecution Trust Fund....................... [Deleted]
Child Support Prosecution Trust Fund.................. [Deleted]
Law Enforcement Officers Training Fund................ [Deleted]
Capital Defense Counsel Fund.......................... [Deleted]
Indigent Appeals Fund................................. [Deleted]
Capital Post-Conviction Counsel Fund.................. [Deleted]
Victims of Domestic Violence Fund..................... [Deleted]
Criminal Justice Fund................................. [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund........................ [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants.... [Deleted]
Crisis Intervention Mental Health Fund................ [Deleted]
Drug Court Fund....................................... [Deleted]
Statewide Victims' Information and
Notification System Fund......................... [Deleted]
Public Defenders Education Fund....................... [Deleted]
Domestic Violence Training Fund....................... [Deleted]
Attorney General's Cyber Crime Unit................... [Deleted]
Forensics Laboratory DNA Identification System Fund... [Deleted]
GENERAL FUND....................................... $280.50
(8) Additional assessments on certain violations:
(a) Railroad crossing violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation involving railroad crossings under Section 37-41-55, 63-3-1007, 63-3-1009, 63-3-1011, 63-3-1013 or 77-9-249:
Operation Lifesaver Fund............................ $25.00
(b) Drug violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation of Section 41-29-139:
Drug Evidence Disposition Fund...................... $25.00
(9) If a fine or other penalty imposed is suspended, in whole or in part, such suspension shall not affect the state assessment under this section. No state assessment imposed under the provisions of this section may be suspended or reduced by the court.
(10) (a) After a determination by the court of the amount due, it shall be the duty of the clerk of the court to promptly collect all state assessments imposed under the provisions of this section. The state assessments imposed under the provisions of this section may not be paid by personal check.
(b) It shall be the duty of the chancery clerk of each county to deposit all state assessments collected in the circuit, county and justice courts in the county on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The chancery clerk shall make a monthly lump-sum deposit of the total state assessments collected in the circuit, county and justice courts in the county under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the circuit, county and justice courts in the county during that month.
(c) It shall be the duty of the municipal clerk of each municipality to deposit all the state assessments collected in the municipal court in the municipality on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The municipal clerk shall make a monthly lump-sum deposit of the total state assessments collected in the municipal court in the municipality under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the municipal court in the municipality during that month.
(11) It shall be the duty of the Department of Finance and Administration to deposit on a monthly basis all state assessments into the State General Fund or proper special fund in the State Treasury. The Department of Finance and Administration shall issue regulations providing for the proper allocation of these funds.
(12) The State Auditor shall establish by regulation procedures for refunds of state assessments, including refunds associated with assessments imposed before July 1, 1990, and refunds after appeals in which the defendant's conviction is reversed. The Auditor shall provide in the regulations for certification of eligibility for refunds and may require the defendant seeking a refund to submit a verified copy of a court order or abstract by which the defendant is entitled to a refund. All refunds of state assessments shall be made in accordance with the procedures established by the Auditor.
SECTION 3. Section 39-29-1, Mississippi Code of 1972, which establishes the Mississippi Commission on the Holocaust, is repealed.
SECTION 4. Sections 41-73-1, 41-73-3, 41-73-5, 41-73-7, 41-73-9, 41-73-11, 41-73-13, 41-73-15, 41-73-17, 41-73-19, 41-73-21, 41-73-23, 41-73-25, 41-73-27, 41-73-29, 41-73-31, 41-73-33, 41-73-35, 41-73-37, 41-73-39, 41-73-41, 41-73-43, 41-73-45, 41-73-49, 41-73-51, 41-73-53, 41-73-55, 41-73-57, 41-73-59, 41-73-61, 41-73-63, 41-73-65, 41-73-67, 41-73-69, 41-73-71, 41-73-73 and 41-73-75, Mississippi Code of 1972, which establish the Hospital Equipment and Authority Act, provide the powers and responsibilities of the authority, and authorize the authority to issue bonds, are repealed.
SECTION 5. Section 7-1-403, Mississippi Code of 1972, is amended as follows:
7-1-403. (1) The Bond Advisory Division is hereby granted the authority and charged with the responsibility to perform the following duties:
(a) To maintain a close working relationship with agencies authorized to incur bonded indebtedness in order to know the probable schedule for the issuance of bonds so that coordination may be accomplished for orderly issuance.
(b) To require all state agencies authorized to incur bonded indebtedness, in addition to cooperation required in subsection (a), to submit written notice of intent to sell bonds at least thirty (30) days prior to requesting the State Bond Commission to approve the sale of such bonds. Such notification shall contain such information as may be required by the director. However, with the concurrence of the State Fiscal Officer, in cases of emergency the requirement of thirty (30) days' notice may be waived by the director.
(c) To require all state agencies or political subdivisions to submit annual financial reports, and such other interim reports as deemed necessary, on projects financed by state revenue bonds or by state bonds which have the general obligation pledge of the state, but which are primarily backed by specified revenues.
(d) To maintain a complete record of all outstanding state bonds. The record shall include, but shall not be limited to, the following:
(i) Amount of principal of the bonds issued and the rates of interest;
(ii) Dates the bonds were issued, the term or terms of the bonds, and maturities;
(iii) The overall average interest rate to be paid on each issue;
(iv) The name of the paying agent;
(v) The trustees named to administer the issue and the pledges securing such bonds;
(vi) The statutes under which such bonds were issued and the statutory authority for all bonds authorized, whether issued or unissued.
(e) To maintain a close working relationship with the Mississippi Development Authority, the University Research Center and the Commissioner of Revenue in order to obtain current information concerning the economic, financial and growth conditions of the state and such other information necessary to properly comply with the intent of Sections 7-1-401 and 7-1-403.
(f) To receive the cooperation of all state agencies and institutions in accumulating the information required by Sections 7-1-401 and 7-1-403.
(g) To make continuing studies and investigations of government bond interest costs throughout the United States of America and to advise the Governor, the State Bond Commission and the Legislature concerning market conditions and credit condition of the state.
(h) To contract with the Department of Information Technology Services for such data processing or computer services as are necessary in providing complete, current and accurate information regarding bonds issued, maturity dates, interest costs, bond market trends and other data necessary for the proper management of the state's debt and investments of state funds.
(i) To issue rules and regulations as are necessary for the enforcement of the provisions of Sections 7-1-401 and 7-1-403.
(j) To investigate and require reports covering proposed transactions involving refunding bond issues, bond exchanges, bond trades, bond "swaps," redemptions, etc., which may be engaged in with regard to any state bond.
(k) To keep the Governor, Bond Commission and the Legislature informed regarding the credit outlook for the state and to furnish whatever information the Legislature requests which is required to be maintained under Sections 7-1-401 and 7-1-403.
(l) To maintain a personal relationship with rating agencies and state bond investors, including the responsibility to invite people in the national financial community to visit our state in order for them to better understand our undertakings, and to incur and pay all expenses in connection with the administration and function of the division, including information meetings or other appropriate forms of communication. All such expenses for these trips shall be paid from appropriations made for the operation of this division.
(m) To cooperate with and provide assistance to counties, municipalities and other political subdivisions when the respective governing authorities request such assistance regarding matters of financial and credit administration and in the preparation of materials and information required to be used in connection with credit ratings and the sale of bonds.
(n) To perform such other duties and acts necessary to carry out the intent of Sections 7-1-401 and 7-1-403.
(o) To maintain a
complete record of the name and business address of any person, firm,
corporation or other entity deriving any income for services performed with
respect to any bonds issued after May 16, 1988, by the State Bond Commission,
State Development Bank, Mississippi Housing Finance Corporation, Certified
Development Company of Mississippi, Inc., * * *
or any other entity issuing bonds or notes of the State of Mississippi. The
report shall specify the amount of funds, whether from bond proceeds or
otherwise, paid or to be paid to each such person or entity for services
performed for each such bond issue. The initial report shall be made available
on or before January 15, 1989, to the Clerk of the House of Representatives and
to the Secretary of the Senate. All subsequent updated reports shall be
submitted on or before January 15 of each year to the Clerk of the House of
Representatives, the Secretary of the Senate, the Chairman of the House Ways
and Means Committee and the Chairman of the Senate Finance Committee. The
State Bond Attorney shall annually compile a list of all local bond issues,
itemizing the name of the issuer, a description of the issue, the amount of the
bonds issued and the name and address of the person acting as bond counsel on
the issue. Such list shall be submitted on or before January 15 of each year
to the Clerk of the House of Representatives, the Secretary of the Senate, the
Chairman of the House Ways and Means Committee, the Chairman of the Senate
Finance Committee, and the Joint Performance Evaluation and Expenditure Review
Committee (PEER). The reports required to be compiled pursuant to this
paragraph shall be posted on the Department of Finance and Administration's
website by not later than January 15 of each year.
SECTION 6. Section 7-7-2, Mississippi Code of 1972, is amended as follows:
7-7-2. (1) The Mississippi General Accounting Office and the State Fiscal Officer, acting through the Bureau of Budget and Fiscal Management, shall be the Department of Public Accounts formerly in the Office of the State Auditor of Public Accounts.
(2) The words "State
Auditor of Public Accounts," "State Auditor" and "Auditor"
appearing in the laws of this state in connection with the performance of
Auditor's functions shall mean the State Fiscal Officer, and, more
particularly, such words or terms shall mean the State Fiscal Officer whenever
they appear in Sections 5-1-57, 5-1-59, 5-3-23, 7-1-33, 7-1-63, 7-3-29, 7-5-31,
7-11-25, 17-13-11, 9-1-36, 9-3-7, 9-3-23, 9-3-27, 9-3-29, 9-3-45, 11-35-11, 11-45-1,
21-33-47, 21-33-401, 23-5-215, 25-1-75, 25-1-81, 25-1-95, 25-1-98, 25-3-41, 25-3-51,
25-3-53, 25-3-55, 25-3-57, 25-3-59, 25-3-97, 25-7-7, 25-7-83, 25-9-135, 25-31-8,
25-31-10, 25-31-37, 27-1-35, 27-3-43, 27-3-45, 27-3-57, 27-3-59, 27-5-22, 27-5-103,
27-7-45, 27-7-313, 27-9-49, 27-11-3, 27-13-55, 27-15-203, 27-15-239, 27-15-241,
27-21-13, 27-29-1, 27-29-5, 27-29-11, 27-29-13, 27-29-15, 27-29-17, 27-29-25,
27-29-33, 27-31-109, 27-33-11, 27-33-41, 27-33-45, 27-33-47, 27-35-121, 27-35-149,
27-37-303, 27-39-13, 27-39-319, 27-41-19, 27-41-23, 27-41-25, 27-41-27, 27-41-41,
27-41-75, 27-45-1, 27-45-13, 27-45-19, 27-49-5, 27-49-9, 27-55-19, 27-55-47, 27-55-555,
27-57-35, 27-59-51, 27-65-51, 27-65-53, 27-67-29, 27-69-3, 27-69-73, 27-69-77,
27-71-301, 27-71-305, 27-71-339, 27-73-1, 27-73-7, 27-73-11, 27-103-55, 27-103-67,
27-105-7, 27-105-19, 27-105-21, 27-105-23, 27-105-33, 27-107-11, 27-107-59, 27-107-81,
27-107-101, 27-107-121, 27-107-141, 27-107-157, 27-107-173, 29-1-27, 29-1-79,
29-1-85, 29-1-87, 29-1-93, 29-1-95, 29-1-111, 31-3-17, 31-7-9, 31-9-15, 31-17-3,
31-17-59, 31-17-105, 31-19-17, 31-19-19, 31-19-21, 31-19-23, 31-5-15, 33-9-11,
35-7-45, 35-9-3, 35-9-5, 35-9-27, 35-9-29, 35-9-33, 37-3-7, 37-3-15, 37-3-17,
37-3-39, 37-13-33, 37-19-27, 37-19-29, 37-19-45, 37-19-47, 37-25-27, 37-27-17,
37-29-165, 37-31-41, 37-33-31, 37-33-71, 37-43-47, 37-101-103, 37-101-149, 37-109-25,
37-113-5, 37-133-7, 39-1-31, 39-3-109, 41-3-13, 41-4-19, 41-7-25, * * * 43-9-35, 43-13-113, 43-29-29,
45-1-11, 45-1-23, 47-5-77, 47-5-155, 49-1-65, 49-5-21, 49-5-97, 49-17-69, 49-19-1,
51-5-15, 51-33-77, 51-33-79, 51-33-81, 51-33-87, 53-1-77, 55-3-41, 57-4-21, 57-9-5,
57-10-123, 57-13-7, 57-13-19, 57-15-5, 59-5-53, 59-7-103, 59-9-71, 59-17-47, 63-19-51,
65-1-111, 65-1-117, 65-9-9, 65-9-17, 65-9-25, 65-11-43, 65-11-45, 65-23-107, 65-26-7,
65-26-35, 69-9-5, 69-15-113, 71-5-359, 73-5-5, 73-6-9, 73-19-13, 73-36-17, 75-75-109,
77-3-89, 77-9-493, 77-11-201, 81-1-49, 83-1-13, 83-1-37, 83-1-39, 83-43-7, 83-43-21,
89-11-27, 97-11-29, 97-21-1, 97-21-61 and 99-15-19, Mississippi Code of 1972.
SECTION 7. Section 41-73-47, Mississippi Code of 1972, is amended as follows:
41-73-47. The commissioners
or board of trustees of any hospital owned or operated separately or jointly by
one or more counties, cities, towns, supervisors districts or election
districts, or combination thereof, organized and existing pursuant to Section
41-13-1 et seq., are hereby authorized to enter into a lease, installment
purchase contract, sale agreement or loan agreement with * * * any participating
hospital institution, in connection with the financing, refinancing or
receiving reimbursement for all or any part of the cost of hospital equipment
or hospital facilities, or in order to sell or borrow against receivables * * *,
to document any payment obligation or debt thereby acquired by executing one or
more notes, bonds or other written evidences of obligation or indebtedness, to
secure any such payment obligation or debt by entering into one or more
security agreements, indentures or other written pledges of collateral rights
or security interests in hospital equipment, hospital facilities or in the
revenues of a hospital institution, and to enter into contracts in connection
with guarantees and letters of credit issued to secure obligations incurred
under such lease, installment purchase contract, sale agreement or loan
agreement. Any payments due under such lease, installment purchase contract,
sale agreement or loan agreement, and any obligation incurred under such
guarantee or letter of credit may be secured by a pledge of the revenues of the
participating hospital institution and such pledge, if made, may be on a parity
with or subordinate to any present or future indebtedness of the hospital or of
the political subdivision or subdivisions which own the participating hospital
institution, all as shall be provided in the contract * * *.
If required to qualify for any program whereby such payments of the
participating hospital institution or obligations of the authority backed in
whole or in part by such payments will be secured or guaranteed directly or
indirectly by the Federal Housing Administration, the Farmers Home
Administration or any other agency or instrumentality of the United States
Government, the owner or owners of the participating hospital institution may
enter into one or more mortgages, deeds of trust or other instruments to grant
a security interest in a hospital facility, or any part thereof, or in hospital
equipment. No existing indebtedness may be refunded, refinanced or otherwise
retired in advance of the due date of such indebtedness pursuant to this
section unless such refunding, refinancing or retirement of such indebtedness
will result in a net savings to the hospital incurring such indebtedness. Any
indebtedness or liability incurred pursuant to this section shall not
constitute indebtedness for the purpose of any statutory limitation of
indebtedness. Except with regard to refundings or refinancings of existing
indebtedness and with regard to obligations subject to unilateral termination
by a hospital institution on at least an annual basis, for none of which any
such consent shall be required, no payment obligation or debt shall be entered
into under authority of this section unless each owner of a hospital
institution first has given its written consent to the maximum principal amount
of obligation or debt that may be incurred and the maximum time for payment
thereof, neither of which maximums may be exceeded.
SECTION 8. Section 41-13-25, Mississippi Code of 1972, is amended as follows:
41-13-25. The board of
supervisors acting for a county, supervisors district or districts or an
election district of such county, and the board of aldermen, city council or
other like governing body acting for a city or town, are hereby authorized and
empowered to levy ad valorem taxes on all the taxable property of such
counties, cities, towns, supervisors district or election district for the
purposes of raising funds for the maintenance and operation of hospitals,
nurses' homes, health centers, health departments, diagnostic or treatment
centers, rehabilitation facilities, nursing homes and related facilities
established under the provisions of Sections 41-13-15 through 41-13-51, and for
making additions and improvements thereto and to pledge such ad valorem taxes,
whether or not actually levied, for the retirement of debt incurred either by
or on behalf of such facilities * * *;
however, any debt incurred by the pledge of taxes to retire debt incurred
either by or on behalf of such facilities * * * shall not
be included in debt limits prescribed by Section 19-9-5 or Section 21-33-303,
as the case may be * * * until such pledged taxes are actually levied. The amount levied
for such purpose shall not exceed five (5) mills on the dollar in any one (1)
year. Expenditures of said taxes for such additions and improvements shall not
exceed in any fiscal year the total amount budgeted therefor by the board of
trustees for the respective institutions affected. The tax levy authorized in
this section shall be in addition to all other taxes now or hereafter
authorized to be levied by such counties, cities, towns, supervisors districts
or election district.
It is further provided that any such supervisors district in a county with a land area of five hundred ninety-two (592) square miles, wherein Mississippi Highways 8 and 9 intersect, participating with a municipality under provisions of law by contracting to assist the cost of operation and maintenance of an erected hospital, may levy such ad valorem tax as is needed to operate and maintain such hospital as is provided herein.
SECTION 9. Sections 65-33-27 and 65-33-29, Mississippi Code of 1972, which authorize the establishment of a road protection commission for each county and provide for the organization of the commission, are repealed.
SECTION 10. Section 65-33-31, Mississippi Code of 1972, is amended as follows:
65-33-31. Whenever it shall
become necessary to construct, widen, or protect any highway under the
provisions hereof, the * * * board of supervisors shall make
publication for thirty (30) days in some newspaper published in the county
wherein such improvements are made, setting forth the commencement and
termination, with a general outline of the nature and extent thereof. When any
owner of land or other person shall claim compensation for land taken for such
purpose, or for damage sustained by the construction, widening, improvement, or
protection of such road or highway, he shall petition the board of supervisors
in writing within thirty (30) days after the expiration of the time provided
for such publication, setting forth the nature and character of the damages
claimed. Thereupon the board shall, on five (5) days' notice to petitioner, go
on the premises and assess the damages sustained by him. The finding of the
board shall be in writing, signed by the members agreeing to it, and must be
entered on the minutes at the next meeting; but if the damages sustained and
claimed be less than the cost of assessing, the board may allow the same
without inquiry.
SECTION 11. Section 65-33-33, Mississippi Code of 1972, is amended as follows:
65-33-33. All proceedings
of the board of supervisors * * * in widening,
improving, or protecting any such highway and assessing damages therefor may be
reviewed by the circuit court in respect to any matter of law arising on the
face of the proceeding. On the question of damages, the case may be tried anew
and the damages may be assessed by a jury if the owner of the land so desires.
The board of supervisors shall grant appeals for that purpose when prayed for,
on appellant giving bond for cost in such penalty as the board may require, not
exceeding Two Hundred Dollars ($200.00), payable to the
county.
SECTION 12. Sections 57-33-1 and 57-33-3, Mississippi Code of 1972, which authorize Mississippi to become a party state in the Southern Growth Policies Agreement, are repealed.
SECTION 13. Section 83-1-201, Mississippi Code of 1972, which establishes the Windstorm Mitigation Coordinating Council, is repealed.
SECTION 14. Section 83-34-5, Mississippi Code of 1972, is amended as follows:
83-34-5. The association shall, pursuant to the provisions of this chapter and the plan of operation, and with respect to essential property insurance on insurable property, have the power:
(a) To issue policies of essential property insurance on insurable property to applicants;
(b) At its option, and with consent of the commissioner, to issue policies of related essential property insurance on insurable property to applicants;
(c) To purchase reinsurance for all or part of the risks of the association;
(d) To levy and collect regular assessments from assessable insurers;
(e) To issue bonds or incur other forms of indebtedness, including, but not limited to, loans, lines of credit or letters of credit;
(f) To establish underwriting criteria consistent with the provisions of this chapter and as approved by the commissioner;
(g) To invest and reinvest income and assets subject to the oversight of the commissioner;
(h) To enter into
contractual agreements with third parties * * * for the purposes of developing and
implementing windstorm mitigation programs; and
(i) All other powers necessary to carry out the provisions and intent of this chapter.
SECTION 15. This act shall take effect and be in force from and after July 1, 2018.