MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Public Utilities

By: Representative Compretta

AN ACT TO CREATE A NEW SECTION TO BE CODIFIED AS SECTION 19-5-178, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD OF COMMISSIONERS OF A DISTRICT CREATED UNDER SECTIONS 19-5-151 THROUGH 19-5-207, MISSISSIPPI CODE OF 1972, TO EXPAND THE SERVICES PROVIDED BY THE DISTRICT; TO REQUIRE THE BOARD OF COMMISSIONERS TO ADOPT AND SUBMIT A RESOLUTION TO THE BOARD OF SUPERVISORS REQUESTING THE EXPANSION; TO PROVIDE FOR NOTICE AND HEARING REGARDING THE RESOLUTION; TO PROVIDE FOR AN ELECTION ON THE QUESTION ON WHETHER TO EXPAND THE SERVICES OF THE DISTRICT, IF REQUESTED; TO PROVIDE FOR AN APPEAL OF THE DECISION OF THE BOARD OF SUPERVISORS; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 19-5-178, Mississippi Code of 1972:

19-5-178. (1) Any district created under Sections 19-5-151 through 19-5-207 may expand the type of services within the scope of the authority given to any district under Sections 19-5-151 through 19-5-207 in the following manner:

(a) The board of commissioners shall adopt a resolution for the expansion of the services of the district and shall submit that resolution to the board of supervisors of the county. The resolution shall include: (i) a statement of the necessity for the expanded service or services to be supplied by the district; (ii) the proposed new corporate name for the district; (iii) an estimate of the cost of the acquisition or construction of any additional facilities to be operated by the district, which estimate, however, shall not serve as a limitation upon the financing of improvements or extensions to the facilities; (iv) a statement of whether or not the board of supervisors of the county shall exercise the authority to levy the tax outlined in Section 19-5-189, to defray the costs of additional services; and (v) a statement of whether or not the board of supervisors of the county shall exercise the authority to make assessments as outlined in Section 19-5-191 to defray the costs of additional services. The board of commissioners shall not propose to extend the boundaries of the district in a resolution for expansion of the types of services.

(b) Upon the filing of the resolution with the board of supervisors, the board of supervisors shall publish a notice of receipt of the resolution and shall include the information contained in the resolution of the board of commissioners. The notice shall be published in a newspaper having a general circulation within the district once a week for at least three (3) consecutive weeks. The board of supervisors may hold a public hearing on the matter of whether to authorize the expansion of services of the district. If the board of supervisors holds a public hearing on that matter, the clerk of the board of supervisors shall publish notice of the hearing in the manner provided in Section 19-5-155.

(c) If within fifteen (15) days following the last date of publication in the newspaper, twenty percent (20%), or one hundred fifty (150), whichever is the lesser, of the qualified electors of the district, file a written petition with the board of supervisors protesting against the expansion of services of the district, the board of supervisors shall call an election on the question of the expansion of services of the district. The election shall be held and conducted by the election commissioners of the county as nearly as may be practicable in accordance with the laws governing general elections, and the election commissioners shall determine which of the qualified electors of the county reside within the district, and only those qualified electors shall be entitled to vote in the election. Notice of the election setting forth the time, place or places and the purpose of the election, shall be published by the clerk of the board of supervisors for the time and in the manner provided in Section 19-5-155 for the publication of the resolution of intention. The ballots to be prepared for and used at the election shall be in substantially the following form:

"FOR EXPANSION OF SERVICES OF ____________ DISTRICT ( )

AGAINST EXPANSION OF SERVICES OF ___________ DISTRICT ( )"

and voters shall vote by placing a cross mark (x) or check mark (a ) opposite their choice.

(d) If no petition requiring an election is filed or if three-fifths (3/5) of those voting in the election provided in this section vote in favor of the expansion of services of the district, the board of supervisors shall adopt a resolution authorizing the expansion of services of the district.

(e) If the board of supervisors adopts a resolution authorizing the expansion of services of the district, the board of commissioners of the original district shall continue to serve as the board of commissioners of the newly authorized district, unless otherwise specified in the resolution of the board of commissioners adopted under subsection (1)(a) of this section and authorized by the board of supervisors under subsection (1)(d) of this section.

(2) All costs incident to compliance with this section shall be borne by the board of commissioners of the district.

(3) Any party having an interest in the subject matter and aggrieved or prejudiced by the findings and adjudication of the board of supervisors may appeal as provided in Section 19-5-163.

SECTION 2. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon the approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 3. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.