Bill Text: MS HB1072 | 2023 | Regular Session | Engrossed
Bill Title: Hazardous trees on tax forfeited land; authorize counties/municipalities to remove and Secretary of State to reimburse for the removal of.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2023-02-28 - Died In Committee [HB1072 Detail]
Download: Mississippi-2023-HB1072-Engrossed.html
MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Municipalities
By: Representative Yancey
House Bill 1072
(As Passed the House)
AN ACT TO AMEND SECTION 29-1-145, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF A CHANCERY CLERK OR MUNICIPAL CLERK NOTIFIES THE SECRETARY OF STATE OF A HAZARDOUS TREE ON CERTIFIED TAX FORFEITED PROPERTY AND SUCH TREE IS REMOVED, THEN THE COST OF THE REMOVAL MAY BE SUBMITTED TO THE SECRETARY OF STATE FOR REIMBURSEMENT; TO PROVIDE THAT THE MAINTENANCE COSTS SHALL BE PAID WITH PROCEEDS FROM THE SALES OF TAX FORFEITED PROPERTIES FROM THE PRECEDING YEAR RATHER THAN FROM FUNDS DEPOSITED INTO THE LAND RECORDS MAINTENANCE FUND; TO AUTHORIZE THE SECRETARY OF STATE TO WITHHOLD A CERTAIN PERCENTAGE OF ITS PROCEEDS FROM THE SALES OF TAX FORFEITED LAND TO PAY FOR THE REMOVAL; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 29-1-145, Mississippi Code of 1972, is amended as follows:
29-1-145. The chancery
clerk or municipal clerk shall report to the Secretary of State any reasonable
costs incurred by the county or municipality in maintaining * * * lands sold for taxes * * * that have been
certified to the state. The Secretary of State shall pay the maintenance
costs * * * with the proceeds
from the sales of tax forfeited properties from the preceding fiscal year. The
Secretary of State shall certify to the Department of Finance and Administration
and to the State Treasurer the amount of maintenance costs allowed to the county
and municipality, and the Department of Finance and Administration shall issue
a warrant in favor of the county or municipality for the amount of those
costs. In no event shall the maintenance costs allowed the county or
municipality exceed the market value of the lands or the purchase money
received from the sale of those lands.
(2) (a) In the event the chancery clerk or municipal clerk notifies the Secretary of State of a tree located on tax forfeited property that has been certified to the state, which poses an immediate harm to life or property of the adjoining parcels, the chancery clerk or municipal clerk is authorized to remove the tree and submit the cost of removal to the Secretary of State for reimbursement.
(b) To pay for the removal of trees, the Secretary of State is authorized to withhold up to ten percent (10%) of its proceeds from the sales of tax forfeited properties.
(c) At the end of each fiscal year, remaining funds held by the Secretary of State to pay for tree removal shall be turned back into the State General Fund. If at any time the fund is exhausted, the Secretary of State is not obligated to make disbursements.
SECTION 2. This act shall take effect and be in force from and after July 1, 2023.
