MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Ways and Means

By: Representative Hale

House Bill 1378

AN ACT TO PLACE A MORATORIUM ON MUNICIPAL ANNEXATIONS FOR A ONE YEAR PERIOD UNTIL THE PEER COMMITTEE COMPLETES A COMPREHENSIVE REVIEW AND EVALUATION OF THE EFFICACY OF STATE POLICIES CONCERNING ANNEXATION; TO REQUIRE THAT THE RESULTS OF THE REVIEW AND EVALUATION SHALL BE PROVIDED TO THE CHAIRMEN OF THE HOUSE AND SENATE MUNICIPALITIES COMMITTEES; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  (a)  Notwithstanding any other provisions of law to the contrary, from July 1, 2023, through July 1, 2024, no municipality shall extend its corporate limits by means of annexation by ordinance upon the municipality's own initiative pursuant to Section 21-1-27 in order to annex territory being used for residential or agricultural purposes, and except as otherwise permitted under paragraph (b) of this subsection, no such ordinance to annex such territory shall become operative during such period.  

          (b)  If prior to July 1, 2023, a municipality formally initiated an annexation ordinance delayed by paragraph (a) of this subsection, and if the municipality would suffer substantial and demonstrable financial injury if the ordinance does not become operative prior to July 1, 2024, then upon petition by the municipality, the board of supervisors may, by a majority vote of its membership, waive the restrictions imposed on such ordinance pursuant to paragraph (a) of this subsection.

     (2)  On or before January 1, 2024, the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) shall complete a comprehensive review and evaluation of the efficacy of state polices set out under Sections 21-1-27 through 21-1-41 as well as any other relevant laws pertaining to annexation and shall submit a written report of its findings and recommendations, including any proposed legislation to the Chairmen of the House and Senate Municipalities Committees.

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