House Bill 1729

(As Passed the House)

AN ACT TO AUTHORIZE THE BOARD OF SUPERVISORS OF HANCOCK COUNTY, MISSISSIPPI, TO COLLECT FEES FOR DELINQUENT WASTEWATER AND TREATMENT SERVICES BY REQUIRING THAT THE COUNTY TAX COLLECTOR NOT ISSUE A MOTOR VEHICLE TAG UNTIL SUCH DELINQUENT FEES ARE PAID; TO REQUIRE THE BOARD OF SUPERVISORS TO GIVE CERTAIN NOTICE AND DUE PROCESS TO AN INDIVIDUAL WHO IS DELINQUENT FOR SUCH FEES; TO PROVIDE THAT THE COUNTY TAX COLLECTOR SHALL NOT ISSUE OR RENEW A MOTOR VEHICLE ROAD AND BRIDGE PRIVILEGE TAX FOR ANY MOTOR VEHICLE THAT IS OWNED BY A PERON WHO OWES SUCH FEES UNTIL SUCH FEES ARE PAID; TO PROVIDE THAT IN LIEU OF A LIEN, THE BOARD OF SUPERVISORS MAY LEVY THE DELINQUENT FEES AS A SPECIAL ASSESSMENT AGAINST THE PROPERTY; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The Board of Supervisors Hancock County, Mississippi, in its discretion, may collect fees for unpaid wastewater and treatment services. The board of supervisors may notify the tax collector of any fees for unpaid wastewater and treatment services assessed by public entities within Hancock County to its residents and property owners within the county within ninety (90) days after the fees are due. Before notifying the tax collector, the board of supervisors shall provide notice of the delinquency to the person who owes the delinquent fees and shall afford an opportunity for a hearing, that complies with the due process protections the board deems necessary, consistent with the Constitutions of the United States and the State of Mississippi. The board of supervisors shall establish procedures for the manner in which notice shall be given and the contents of the notice; however, each notice shall include the amount of fees and shall prescribe the procedure required for payment of the delinquent fees. The board of supervisors may designate a disinterested individual to serve as hearing officer.

(2) Upon receipt of a delinquency notice, as provided in subsection (1) of this section, the tax collector shall not issue or renew a motor vehicle road and bridge privilege license for any motor vehicle registered at a domicile which is delinquent in payment of fees unless those fees in addition to any other taxes or fees assessed against the motor vehicle are paid.

(3) The tax collector may forward the motor vehicle road and privilege license tag renewal notices to the designated county official or entity that is responsible for the billing and collection of the wastewater collection and treatment services. The designated county official or the billing and collection entity shall identify those license tags that shall not be issued due to delinquent wastewater collection and treatment services fees. The designated county official or the billing and collection entity shall stamp a message on the license tag renewal notices that the tag will not be renewed until delinquent fees for wastewater collection and treatment services are paid. The designated county official or the billing and collection entity shall return the license tag notices to the tax collector before the first of the month.

(4) Any appeal from a decision of the board of supervisors under this section regarding payment of delinquent fees for wastewater collection and treatment services may be taken as provided in Section 11-51-75, Mississippi Code of 1972.

(5) The board of supervisors may levy the delinquent fees for wastewater collection and treatment services as a special assessment against the property in lieu of the lien authorized in this section. The board of supervisors shall certify to the tax collector the assessment due from the owner of the property. The tax collector shall enter the assessment upon the annual tax roll of the county and shall collect the assessment at the same time he collects the county ad valorem taxes on the property.

No real or personal property shall be sold to satisfy any assessment imposed under this subsection (5).

(6) This section shall be repealed from and after December 31, 2013.

SECTION 2. This act shall take effect and be in force from and after its passage.