MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Ways and Means
By: Representative Currie
House Bill 1291
AN ACT TO AMEND SECTION 51-35-333, MISSISSIPPI CODE OF 1972,
TO DELETE THE PROVISIONS WHICH PROVIDE THAT IF THE BOARD OF DIRECTORS OF A
DISTRICT FORMED UNDER THE URBAN FLOOD AND DRAINAGE CONTROL ACT DETERMINES THAT
A FLOOD OR DRAINAGE CONTROL PROJECT WILL BENEFIT ONLY A PORTION OF THE
DISTRICT, THE BOARD MAY LEVY SPECIAL ASSESSMENTS THAT APPLY ONLY TO THE
PROPERTY SO BENEFITED TO PAY CERTAIN COSTS RELATED TO THE PROJECT; AND FOR
RELATED PURPOSES.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section
51-35-333, Mississippi Code of 1972, is amended as follows:
51-35-333. * * *(1) (a) To provide funds for the payment of
the principal of, interest on, and other charges in connection with bonds
issued under the provisions of this article, to provide funds for the annual
expenses of operations of the district, and to provide funds for carrying out
any of the purposes of this article, the district is empowered to levy annually
a special tax upon all the taxable property within such district on or before
the first Monday of September of each year and shall certify the levy to the
boards of supervisors of the various counties in the district. It shall be the
duty of the boards of supervisors of each county to make the levy on each tract
of land or other property in the district according to the assessed valuation
thereof.
* * *(b) The taxes shall be collected by the tax
collectors of the respective counties in the district, who shall deposit them
in such depository as shall be selected by the board of directors of the
district. The tax collector shall receive a sum not greater than one-fifth of
one percent (1/5 of 1%) of the amount collected for his services in making such
collection, and the fee shall be paid into the county general fund. It shall
be the duty of the board of directors to levy a tax sufficient to pay the bonds
and the interest thereon as such bonds and interest become due, to pay for the
annual expense of operation of the district, and to provide funds for carrying out
any of the purposes of this article.
* * *(2) (a) If the board of directors undertakes a flood and
drainage control improvement project that the board determines will benefit
only a portion of the district:
(i)
The board of directors may levy a special improvement assessment that applies
only to property in the district that is directly or indirectly benefited by
the project to provide funds for the payment of costs related to the flood and
drainage control improvement project, including the payment of costs related to
the principal and interest on any bonds issued under this article for the project
and any related expenses; and
(ii)
The board of directors may levy a special improvement maintenance assessment
that applies only to property in the district that is directly or indirectly
benefited by the project to provide funds for the operation, maintenance and
preservation of the project.
(b)
Prior to levying an assessment under this subsection, the board of directors
shall make a determination that the necessary approvals and authorizations are
in place and that project‑related activities are ready to commence.
(c)
If an assessment is levied under this subsection, the board of directors shall
annually determine, order and levy the annual installment of the total
assessments. These assessments may be due and collected during each year that
county taxes are due and collected, in which case the annual installment and
levy shall be evidenced to and certified to the county tax assessor by the board
of directors not later than the first Monday of September of each year. The
assessments shall be entered by the assessor on the county tax rolls and shall
be collected and enforced by the county tax collector in the same manner and at
the same time as county taxes, and the proceeds thereof shall be paid to the
district. These assessments shall be a lien on the property against which
assessed until paid and shall be collectible and enforceable in like manner as county
property taxes. All statutes regulating the collection and enforcement of
county property taxes shall apply to the enforcement and collection of the
assessments levied under this subsection. The amount of the assessments under
this subsection shall be determined by the board of directors and assessed by
the board of directors upon such lands, which may be part or all of the lands within
the district benefited by the project, apportioned between benefited lands in
proportion to the benefits received by each tract of land.
(d) The tax collector shall be entitled to reasonable
compensation for collecting the assessments which shall be not greater than one‑fifth
of one percent (1/5 of 1%) of the amount collected for his services in making
such collection, and the fee shall be paid into the county general fund.
SECTION 2. This act
shall take effect and be in force from and after July 1, 2023.