House Bill 180

AN ACT TO AMEND SECTION 17-13-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT WHEN AN INTERLOCAL AGREEMENT BETWEEN LOCAL GOVERNMENTAL UNITS PERTAINS TO THE PROVISION OF SERVICES OR FACILITIES BY CERTAIN COUNTY OFFICIALS, THEN SUCH AGREEMENT MUST BE APPROVED BY THE COUNTY OFFICIALS AND THE ATTORNEY GENERAL BEFORE THE AGREEMENT IS ENFORCED; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 17-13-11, Mississippi Code of 1972, is amended as follows:

17-13-11. (1) Every agreement made by a local governmental unit hereunder shall, prior to and as a condition precedent to its entry into force, be submitted to the Attorney General of this state who shall determine whether the agreement is in proper form and compatible with the laws of this state. No agreement may be considered that does not cite the specific authority under which each of the local governing units involved may exercise the powers necessary to fulfill the terms of the joint agreement. The Attorney General shall approve any such agreement submitted to him or her hereunder unless he or she shall find that it does not meet the conditions set forth herein and elsewhere in the laws of this state and shall detail in writing, addressed to the governing bodies of the units concerned, the specific respects in which the proposed agreement fails to meet the requirements of law.

Failure to disapprove an agreement submitted hereunder within sixty (60) days of its submission shall constitute approval thereof.

(2) (a) In the event that an agreement made pursuant to this chapter shall deal in whole or in part with the provision of services or facilities with regard to which an officer, unit or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its being in force, be submitted to the state officer, unit or agency having such power of control and shall be approved or disapproved by him or her or it as to all matters within his or her or its jurisdiction in the same manner and subject to the same requirements governing action of the Attorney General pursuant to subsection (1) of this section.

(b) In the event that an agreement made pursuant to this chapter shall deal in whole or in part with the provision of services or facilities, provided by a county sheriff, clerk of the chancery court, clerk of the circuit court, the assessor of a county, or the tax collector of a county, the agreement shall, as a condition precedent to its being in force, be submitted to, approved, and executed by the respective county official whose services or facilities are being utilized by or pursuant to the agreement and is subject to the same requirements governing action of the attorney general pursuant to subsection (1) of this section.

(3) Prior to its being in force, an agreement made pursuant to this chapter shall be filed with the chancery clerk of each of the counties wherein a participating local governmental unit is located and with the Secretary of State. The chancery clerk and the Secretary of State shall preserve such agreements as public records and index and docket the same separate and apart from all other records in his or her office.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.