Adopted

 

AMENDMENT NO 1 PROPOSED TO

 

Cmte Sub for House Bill No.  359

 

BY: Representative Rushing

 

     AMEND on line 15 by inserting the following language before the word "created": 

"within a municipality having a population  of one hundred fifty thousand (150,000) or more that is"

     AMEND further on line 17 by inserting the following language before the word "created":

"within a municipality having a population of one hundred fifty thousand (150,000) or more that is"

     AMEND further on line 19 by inserting the following language before the word "whose":

"within a municipality having a population of one hundred fifty thousand (150,000) or more"

     AMEND further by inserting the following language after line 59:

"    (4)  This section shall be repealed from and after July 1, 2022."

     AMEND further by striking lines 60 through 134 in their entirety and by inserting in lieu thereof the following: 

"    SECTION 2.  Section 31-19-27, Mississippi Code of 1972, is amended as follows:

     [Until July 1, 2022, this section shall read as follows:]

     31-19-27.  A doubtful claim of the state, or of the county, city, town, village, or levee board is one for which judgment has been rendered and for the collection of which the ordinary process of law has been ineffectual; debts due by drainage districts or other taxing districts or sinking funds to counties under the Rehabilitation Act of 1928, being Chapter 88 * * *of the, Laws of 1928, and Chapter 16 of the Acts of the Special Session of 1931; those debts due counties by drainage districts, which the Reconstruction Finance Corporation has heretofore refused to refinance; those debts due a utility as authorized under Section 1 of this act; debts due for sixteenth section township school fund loans made to churches, where the board of supervisors finds that the value of the security given therefor is insufficient or inadequate to pay or satisfy the principal and interest of * * *said the loan, and when the church repays the principal of * * *said such loan; and debts due by counties and townships to drainage districts for drainage district assessments or taxes levied and assessed upon sixteenth section lands.

     [From and after July 1, 2022, this section shall read as follows:]

     31-19-27.  A doubtful claim of the state, or of the county, city, town, village, or levee board is one for which judgment has been rendered and for the collection of which the ordinary process of law has been ineffectual; debts due by drainage districts or other taxing districts or sinking funds to counties under the Rehabilitation Act of 1928, being Chapter 88 * * *of the, Laws of 1928, and Chapter 16 of the Acts of the Special Session of 1931; those debts due counties by drainage districts, which the Reconstruction Finance Corporation has heretofore refused to refinance; debts due for sixteenth section township school fund loans made to churches, where the board of supervisors finds that the value of the security given therefor is insufficient or inadequate to pay or satisfy the principal and interest of said loan, and when the church repays the principal of said loan; and debts due by counties and townships to drainage districts for drainage district assessments or taxes levied and assessed upon sixteenth section lands.

     SECTION 3.  Section 31-19-29, Mississippi Code of 1972, is amended as follows:

     [Until July 1, 2022, this section shall read as follows:]

     31-19-29.  The Governor, on the advice of the Attorney General or * * *Chairman of the State Tax Commission the Commissioner of Revenue at the State Department of Revenue, may, upon application of the defendant or debtor proposing a compromise, settle and compromise any doubtful claim of the state, or of any county, city, town, or village, or of any levee board against such defendant or debtor, upon such terms as he may deem proper, the board of supervisors in the case of a county, and the municipal authorities in the case of a city, town or village, and the levee board in the case of a claim of a levee board, concurring therein.  The Governor, upon application of a drainage district having obligations outstanding to a county under the provisions of Chapter 88, Laws of 1928, and Chapter 16, Laws of the Extraordinary Session of 1931, or obligations which the Reconstruction Finance Corporation has heretofore refused to refinance, may settle and compromise any claim, debt or obligation that * * *said a drainage district may owe any county in the State of Mississippi for money loaned * * *said such district under the provisions of said Chapter 88, Laws of 1928, or any other claim, debt or obligation that said drainage district may owe the county which the Reconstruction Finance Corporation has heretofore refused to finance, if the board of supervisors of said county concurs in the application of the drainage district.  A utility may compromise a debt owed for water and sewer service only as provided under Section 1 of this act.  The Governor, upon application by the board of supervisors for any taxing districts of * * *said a county or sinking funds of * * *said such county under the control and supervision of * * *said the board of supervisors having obligations outstanding and due to * * * said such county under the provisions of Chapter 88, Laws of 1928, and Chapter 16, Laws of the Extraordinary Session of 1931, may settle and compromise any claim, debt, or obligation that * * *said the taxing districts or sinking funds may owe * * *said such county for money loaned * * *said the taxing districts or sinking funds under the provisions of * * *said Chapter 88, Laws of 1928; and provided that the Governor, on the advice of the Attorney General, and upon application of a church owing a sixteenth section township school fund loan, may settle and compromise such debt or obligation if the board of supervisors of the said county concurs in the application of the * * *said church.  The Governor may, on the advice of the Attorney General, in like manner compromise and settle a claim of a drainage district for unpaid assessments or taxes upon sixteenth section lands upon application of the board of supervisors wherein such sixteenth section is situated, if the commissioners of the drainage district concur therein.

     [From and after July 1, 2022, this section shall read as follows:]

     31-19-29.  The Governor, on the advice of the Attorney General or * * *Chairman of the State Tax Commission the Commissioner of Revenue at the State Department of Revenue, may, upon application of the defendant or debtor proposing a compromise, settle and compromise any doubtful claim of the state, or of any county, city, town, or village, or of any levee board against such defendant or debtor, upon such terms as he may deem proper, the board of supervisors in the case of a county, and the municipal authorities in the case of a city, town or village, and the levee board in the case of a claim of a levee board, concurring therein.  The Governor, upon application of a drainage district having obligations outstanding to a county under the provisions of Chapter 88, Laws of 1928, and Chapter 16, Laws of the Extraordinary Session of 1931, or obligations which the Reconstruction Finance Corporation has heretofore refused to refinance, may settle and compromise any claim, debt or obligation that said drainage district may owe any county in the State of Mississippi for money loaned said district under the provisions of said Chapter 88, Laws of 1928, or any other claim, debt or obligation that said drainage district may owe the county which the Reconstruction Finance Corporation has heretofore refused to finance, if the board of supervisors of said county concurs in the application of the drainage district.  The Governor, upon application by the board of supervisors for any taxing districts of said county or sinking funds of said county under the control and supervision of said board of supervisors having obligations outstanding and due to said county under the provisions of Chapter 88, Laws of 1928, and Chapter 16, Laws of the Extraordinary Session of 1931, may settle and compromise any claim, debt, or obligation that said taxing districts or sinking funds may owe said county for money loaned said taxing districts or sinking funds under the provisions of said Chapter 88, Laws of 1928; and provided that the Governor, on the advice of the Attorney General, and upon application of a church owing a sixteenth section township school fund loan, may settle and compromise such debt or obligation if the board of supervisors of the said county concurs in the application of the said church.  The Governor may, on the advice of the Attorney General, in like manner compromise and settle a claim of a drainage district for unpaid assessments or taxes upon sixteenth section lands upon application of the board of supervisors wherein such sixteenth section is situated, if the commissioners of the drainage district concur therein.

     SECTION 4.  Section 21-27-27, Mississippi Code of 1972, is amended as follows:

     [Until July 1, 2022, this section shall read as follows:]

     21-27-27.  Except as otherwise provided under Section 1 of  this act, no free service shall be furnished by any such system, or combined system, to any private person, firm, corporation * * *, or association. The municipality may, however, furnish such service, free of charge, to the municipality or any agency or department thereof, to any public school, or to any hospital or benevolent institution located within such municipality, including county, city, and community fairs.

     [From and after July 1, 2022, this section shall read as follows:]

     21-27-27.  No free service shall be furnished by any such system, or combined system, to any private person, firm, corporation * * *, or association. The municipality may, however, furnish such service, free of charge, to the municipality or any agency or department thereof, to any public school, or to any hospital or benevolent institution located within such municipality, including county, city, and community fairs."

     AMEND further on line 135 by inserting the following language before the word "shall":

"located within a municipality having a population of one hundred fifty thousand (150,000) or more"

     AMEND further on line 135 by inserting the following language before the word "The":  "(1)"

     AMEND further by inserting the following language after line 157:

"    (2)  This section shall be repealed from and after July 1, 2022."

     AMEND further  on line 158 by inserting the following language before the word "A":  "(1)"

     AMEND further on line 158 by inserting the following language before the word "may":

"located within a municipality having a population of one hundred fifty thousand (150,000) or more"

     AMEND further by inserting the following language after line 164:

"    (2)  This section shall be repealed from and after July 1, 2022."

     AMEND further on line 165 by inserting the following language before the word "Notwithstanding":  "(1)"

     AMEND further on line 166 by inserting the following language before the word "may":

"located within a municipality having a population of one hundred fifty thousand (150,000) or more"

     AMEND further by inserting the following language after line 172:

"    (2)  This section shall be repealed from and after July 1, 2022."

     AMEND further the title on line 2 by inserting the following language after the word "entities":

"THAT ARE LOCATED WITHIN A MUNICIPALITY HAVING A POPULATION OF ONE HUNDRED FIFTY THOUSAND OR MORE"

     AMEND further the title on line 8 by inserting the following language before the words "municipally-owned":

"SUCH"