Senate Bill 2866

AN ACT TO PROVIDE THAT A PERSON MUST PAY DELINQUENT SEWER SERVICE FEES PRIOR TO OBTAINING A CAR TAG; TO BRING FORWARD SECTION 17-25-13, MISSISSIPPI CODE OF 1972; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) For purposes of this section the term "sewer authority" means any water sewer association defined under Section 17-25-13, district created under Section 19-5-151, public improvement district created under Section 19-31-7, sixteenth section development authority created under Section 29-3-155, and any county utility authority created under Section 49-17-701 et seq.

(2) When a person is delinquent on payment of undisputed fees for service provided by a sewer authority, the sewer authority may notify the tax collector of any unpaid sewer service fees ninety (90) days after the fees are due. If the delinquent fees are disputed, the sewer authority 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, before notifying the tax collector. The sewer authority 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.

(3) Upon receipt of a delinquency notice, the tax collector shall not issue or renew a motor vehicle road and bridge privilege license for any motor vehicle owned by a person who is delinquent in the payment of fees unless those fees in addition to any other taxes or fees assessed against the motor vehicle are paid. Payment of all delinquent sewer service fees shall be deemed a condition of receiving a motor vehicle road and privilege license tag.

SECTION 2. Section 17-25-13, Mississippi Code of 1972, is brought forward as follows:

17-25-13. (1) For purposes of this section:

(a) "Water sewer association" means any corporation, whether for profit or not for profit, that provides, distributes, transmits, treats, pumps, or stores raw or potable water to, or for the benefit of, members of the general public or commercial, industrial and other users; and

(b) "Water sewer system" means any entity that provides, distributes, transmits, treats, pumps or stores raw or potable water to or for the benefit of members of the general public and commercial, industrial, and other users, including, without limitation, the following entities that perform such activities:

(i) Municipalities;

(ii) Counties; and

(iii) Water sewer associations.

(2) (a) When a person is delinquent on the payment of an undisputed bill for water sewer service provided by a water sewer system within this state, moves into another area of this state, and applies for or receives water from another water sewer system, if the person's former water sewer system establishes that there is no dispute that the delinquent amount is properly due and owed by that particular individual in that amount, the new water sewer system shall refuse to provide water sewer service to the delinquent person until such person provides proof of curing the delinquency.

(b) This subsection shall not apply to a delinquency that has been disputed by the person in writing, unless the delinquency has been reduced to a final judgment of a court of competent jurisdiction.

(3) No provision of this section shall apply to a water sewer system that is regulated by the Mississippi Public Service Commission as a "public utility" as defined in Section 77-3-3.

SECTION 3. This act shall take effect and be in force from and after July 1, 2011.