Senate Bill 2813

AN ACT TO AMEND SECTIONS 21-43-117, 21-43-119 AND 21-43-133, MISSISSIPPI CODE OF 1972, TO REDUCE TO 60% THE PERCENTAGE OF VOTES OF PROPERTY OWNERS NECESSARY FOR THE CREATION, REAUTHORIZATION AND DISSOLUTION OF BUSINESS IMPROVEMENT DISTRICTS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 21-43-117, Mississippi Code of 1972, is amended as follows:

21-43-117. (1) For initial creation of the district, reauthorization of the district at the end of each five-year period, amendment to the district plan within the five-year plan period or modification of the boundaries of the district at the end of a five-year period, the clerk of the municipality shall notify all property owners to be included in the proposed district of a public hearing to review the plan and receive comment about the process for accepting or rejecting the plan. Following a public hearing, the governing authority of the municipality shall set an election date not more than sixty (60) days from the date of the public hearing. The ballot shall clearly state the issue to be decided. Only property owners of record as of the date of initial notice given as provided in Section 21-43-111 shall be eligible to participate in any such election.

(2) Notice of an election to create, continue, amend or extend a district shall be:

(a) Mailed to each of the district property owners of record thirty (30) days prior to the election, and

(b) Published at least twice in a newspaper of general circulation in the municipality, the first publication shall be not less than ten (10), nor more than thirty (30) days before the date for the election. The notice shall include a copy of the plan, a ballot for the election and a notice about the time and date for the election.

(3) Not less than ten (10) nor more than thirty (30) days before the date set for the election, the governing authority of the municipality shall cause a copy of the plan and the ballot to be posted in the lobby of its city hall.

(4) Ballots shall be marked, signed and submitted by the eligible property owner to the clerk of the municipality by the date designated on the ballot.

(5) The clerk of the municipality shall notify the property owners in the district of the result.

(6) If the plan is approved by sixty percent (60%) of the property owners, the mayor of the municipality shall review the district plan to ensure its compliance with the provisions of Sections 21-43-101 through 21-43-133.

(7) The municipality shall disburse the proceeds collected from the assessment to the designated district management group within thirty (30) days after the assessment is due.

SECTION 2. Section 21-43-119, Mississippi Code of 1972, is amended as follows:

21-43-119. A district plan shall be deemed adopted and ready for implementation upon written ballot approval by sixty percent (60%) of the property owners in the district. Reauthorization, amendments or the district plan or modification of boundaries shall also be subject to written ballot approval by sixty percent (60%) of the eligible property owners.

SECTION 3. Section 21-43-133, Mississippi Code of 1972, is amended as follows:

21-43-133. (1) Any district established or extended pursuant to the provisions in Sections 21-43-101 through 21-43-133, which has satisfied all indebtedness incurred to accomplish any of the purposes of the district, may be dissolved by the governing authority of the municipality upon:

(a) Written and certified petition from the property owners within the district who collectively represent more than sixty percent (60%) of the total assessed valuation of all benefited real property in the boundaries of the district, or

(b) The district plan terminates when no reauthorization has occurred as set forth in Sections 21-43-101 through 21-43-133.

(2) Upon dissolution of a business improvement district, any assets of the district remaining shall be transferred to the municipality.

SECTION 4. This act shall take effect and be in force from and after July 1, 2007.