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" (4) This section shall be repealed from and after July 1, 2022."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 * * *, 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 * * * 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 * * *, 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 * * * 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 * * * a drainage district may owe any
county in the State of Mississippi for money loaned * * * 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 * * * a county or sinking funds of * * * such county under the control and
supervision of * * *
the board of supervisors having obligations outstanding and due to * * * 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 * * * the taxing districts or sinking
funds may owe * * *
such county for money loaned * * * the taxing districts or sinking
funds under the provisions of * * * 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 * * * 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 * * * 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"