House Bill 1072

(As Passed the House)

AN ACT TO AMEND SECTION 29-1-145, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF A CHANCERY CLERK OR MUNICIPAL CLERK NOTIFIES THE SECRETARY OF STATE OF A HAZARDOUS TREE ON CERTIFIED TAX FORFEITED PROPERTY AND SUCH TREE IS REMOVED, THEN THE COST OF THE REMOVAL MAY BE SUBMITTED TO THE SECRETARY OF STATE FOR REIMBURSEMENT; TO PROVIDE THAT THE MAINTENANCE COSTS SHALL BE PAID WITH PROCEEDS FROM THE SALES OF TAX FORFEITED PROPERTIES FROM THE PRECEDING YEAR RATHER THAN FROM FUNDS DEPOSITED INTO THE LAND RECORDS MAINTENANCE FUND; TO AUTHORIZE THE SECRETARY OF STATE TO WITHHOLD A CERTAIN PERCENTAGE OF ITS PROCEEDS FROM THE SALES OF TAX FORFEITED LAND TO PAY FOR THE REMOVAL; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 29-1-145, Mississippi Code of 1972, is amended as follows:

29-1-145. The chancery clerk or municipal clerk shall report to the Secretary of State any reasonable costs incurred by the county or municipality in maintaining * * * ~~unredeemed~~ lands sold for taxes * * *~~while those lands remain unsold~~ that have been certified to the state. The Secretary of State shall pay the maintenance costs * * * with the proceeds from the sales of tax forfeited properties from the preceding fiscal year. The Secretary of State shall certify to the Department of Finance and Administration and to the State Treasurer the amount of maintenance costs allowed to the county and municipality, and the Department of Finance and Administration shall issue a warrant in favor of the county or municipality for the amount of those costs. In no event shall the maintenance costs allowed the county or municipality exceed the market value of the lands or the purchase money received from the sale of those lands.

(2) (a) In the event the chancery clerk or municipal clerk notifies the Secretary of State of a tree located on tax forfeited property that has been certified to the state, which poses an immediate harm to life or property of the adjoining parcels, the chancery clerk or municipal clerk is authorized to remove the tree and submit the cost of removal to the Secretary of State for reimbursement.

(b) To pay for the removal of trees, the Secretary of State is authorized to withhold up to ten percent (10%) of its proceeds from the sales of tax forfeited properties.

(c) At the end of each fiscal year, remaining funds held by the Secretary of State to pay for tree removal shall be turned back into the State General Fund. If at any time the fund is exhausted, the Secretary of State is not obligated to make disbursements.

SECTION 2. This act shall take effect and be in force from and after July 1, 2023.