Bill Text: MS HB1235 | 2010 | Regular Session | Introduced
Bill Title: Delinquent sewer bills; authorize sewer service providers to collect.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-02-02 - Died In Committee [HB1235 Detail]
Download: Mississippi-2010-HB1235-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Public Utilities
By: Representative Ellis (By Request)
House Bill 1235
AN ACT TO AUTHORIZE VARIOUS METHODS FOR SEWER SERVICE PROVIDERS TO COLLECT DELINQUENT SEWER USER FEES; TO AMEND SECTION 19-3-41, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO AMEND SECTION 11-51-75, MISSISSIPPI CODE OF 1972, TO AUTHORIZE AN APPEAL TO CIRCUIT COURT BY ANY PERSON AGGRIEVED BY A SEWER SERVICE PROVIDER'S COLLECTION OF DELINQUENT SEWER USER FEES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Sewer districts incorporated under Sections 19-5-151 through 19-5-207, public utilities certificated by the Mississippi Public Service Commission to provide sewer services, and municipalities and counties that provide sewer services (hereinafter "sewer service provider") may collect sewer user fees that remain delinquent for a period of ninety (90) days or more by:
(a) Entering into an agreement, with the entity supplying water to the premises of the customers of the sewer service provider, that authorizes the water supplier to discontinue water service to the delinquent customers of the sewer service provider until the sewer charges are paid.
(b) Imposing a lien on the real property served by the sewer connection.
(i) Delinquent sewer fees shall be assessed jointly and severally against the generator of the sewage and against the owner of the property furnished the service. However, any person who pays for sewer services, as a part of a rental or lease agreement, shall not be held liable for the failure of the property owner to pay such fees.
(ii) Every generator assessed the fees and the owner of the property occupied by that generator shall be jointly and severally liable for the delinquent sewer fees. The fees shall be a lien upon the real property receiving the sewer service. No real or personal property shall be sold to satisfy any lien imposed under this subsection.
(iii) The sewer service provider shall mail a notice of the lien, including the amount of unpaid fees and a description of the property subject to the lien, to the owner of the property.
(iv) Liens created under this paragraph (b) may be discharged by filing with the circuit clerk a receipt or acknowledgement, signed by the designated official of the sewer service provider or billing and collection entity, that the lien has been paid or discharged.
(c) (i) Notifying the tax collector of any unpaid sewage fees within ninety (90) days after the fees are due.
(ii) 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 sewer user fees unless those fees in addition to any other taxes or fees assessed against the motor vehicle are paid. Payment of all delinquent sewer user fees shall be deemed a condition of receiving a motor vehicle road and privilege license tag.
(iii) The tax collector may forward the motor vehicle road and privilege license tag renewal notices to the designated official of the sewer service provider or entity that is responsible for the billing and collection of the sewer user fees. The designated official or billing and collection entity shall identify those license tags that shall not be issued due to delinquent sewage fees. The designated official or billing and collection entity shall stamp a message on the license tag renewal notices that the tag will not be renewed until delinquent sewer user fees are paid. The designated official or billing and collection entity shall return the license tag notices to the tax collector before the first of the month.
(d) Levying the sewer user fees as a special assessment against the property in lieu of the lien authorized in this paragraph (b). The sewer service provider 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.
(2) Before imposing a lien on real property pursuant to paragraph (b), notifying the tax collector of unpaid fees pursuant to paragraph (a), or levying unpaid sewer fees as a special assessment pursuant to paragraph (d) of this section, the provider of sewer services 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 consistent with the Constitutions of the United States and the State of Mississippi. The sewer service provider 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 sewer service provider may designate a disinterested individual to serve as hearing officer.
Any appeal from a decision of the sewer service provider under this section regarding payment of delinquent sewer user fees may be taken as provided in Section 11-51-75.
SECTION 2. Section 19-3-41, Mississippi Code of 1972, is amended as follows:
19-3-41. (1) The boards of supervisors shall have within their respective counties full jurisdiction over roads, ferries and bridges, except as otherwise provided by Section 170 of the Constitution, and all other matters of county police. They shall have jurisdiction over the subject of paupers. They shall have power to levy such taxes as may be necessary to meet the demands of their respective counties, upon such persons and property as are subject to state taxes for the time being, not exceeding the limits that may be prescribed by law. They shall cause to be erected and kept in good repair, in their respective counties, a good and convenient courthouse and a jail. A courthouse shall be erected and kept in good repair in each judicial district and a jail may be erected in each judicial district. They may close a jail in either judicial district, at their discretion, where one (1) jail will suffice. They shall have the power, in their discretion, to prohibit or regulate the sale and use of firecrackers, roman candles, torpedoes, skyrockets, and any and all explosives commonly known and referred to as fireworks, outside the confines of municipalities. They shall have and exercise such further powers as are or shall be conferred upon them by law. They shall have authority to negotiate with and contract with licensed real estate brokers for the purpose of advertising and showing and procuring prospective purchasers for county-owned real property offered for sale in accordance with the provisions of Section 19-7-3.
(2) The board of supervisors of any county, in its discretion, may contract with a private attorney or private collection agent or agency to collect any type of delinquent payment owed to the county including, but not limited to, past due fees and fines, delinquent ad valorem taxes on personal property and delinquent ad valorem taxes on mobile homes that are entered as personal property on the mobile home rolls. Any such contract may provide for payment contingent upon successful collection efforts or payment based upon a percentage of the delinquent amount collected; however, the entire amount of all delinquent payments collected shall be remitted to the county and shall not be reduced by any collection costs or fees. There shall be due to the county from any person whose delinquent payment is collected pursuant to a contract executed under this subsection an amount, in addition to the delinquent payment, of not to exceed twenty-five percent (25%) of the delinquent payment for collections made within this state and not to exceed fifty percent (50%) of the delinquent payment for collections made outside of this state. However, in the case of delinquent fees owed to the county for sewer services, garbage or rubbish collection or disposal, only the amount of the delinquent fees may be collected and no amount in addition to the delinquent fees may be collected if the board of supervisors of the county has notified the county tax collector under House Bill No. ____, 2010 Regular Session, or Section 19-5-22 for the purpose of prohibiting the issuance of a motor vehicle road and bridge privilege license tag to the person delinquent in the payment of such fees. Any private attorney or private collection agent or agency contracting with the county under the provisions of this subsection shall give bond or other surety payable to the county in such amount as the board of supervisors deems sufficient. Any private attorney with whom the county contracts under the provisions of this subsection must be a member in good standing of The Mississippi Bar. Any private collection agent or agency with whom the county contracts under the provisions of this subsection must meet all licensing requirements for doing business in the State of Mississippi. Neither the county nor any officer or employee of the county shall be liable, civilly or criminally, for any wrongful or unlawful act or omission of any person or business with whom the county has contracted under the provisions of this subsection. The Mississippi Department of Audit shall establish rules and regulations for use by counties in contracting with persons or businesses under the provisions of this subsection.
(3) In addition to the authority granted under subsection (2) of this section, the board of supervisors of any county, in its discretion, may contract with one or more of the constables of the county to collect delinquent criminal fines imposed in the justice court of the county. Any such contract shall provide for payment contingent upon successful collection efforts, and the amount paid to a constable may not exceed twenty-five percent (25%) of the amount which the constable collects. The entire amount of all delinquent criminal fines collected under such a contract shall be remitted by the constable to the clerk of the justice court for deposit into the county general fund as provided under Section 9-11-19. Any payments made to a constable pursuant to a contract executed under the provisions of this section may be paid only after presentation to and approval by the board of supervisors of the county.
(4) If a county uses its own employees to collect any type of delinquent payment owed to the county, then from and after July 1, 1999, the county may charge an additional fee for collection of the delinquent payment provided the payment has been delinquent for ninety (90) days. The collection fee may not exceed fifteen percent (15%) of the delinquent payment if the collection is made within this state and may not exceed twenty-five percent (25%) of the delinquent payment if the collection is made outside this state. In conducting collection of delinquent payments, the county may utilize credit cards or electronic fund transfers. The county may pay any service fees for the use of such methods of collection from the collection fee, but not from the delinquent payment.
(5) In addition to such authority as is otherwise granted under this section, the board of supervisors of any county may expend funds necessary to maintain and repair, and to purchase liability insurance, tags and decals for, any personal property acquired under the Federal Excess Personal Property Program that is used by the local volunteer fire department.
(6) The board of supervisors of any county, in its discretion, may expend funds to provide for training and education of newly elected or appointed county officials before the beginning of the term of office or employment of such officials. Any expenses incurred for such purposes may be allowed only upon prior approval of the board of supervisors. Any payments or reimbursements made under the provisions of this subsection may be paid only after presentation to and approval by the board of supervisors.
(7) The board of supervisors of any county may expend funds to purchase, maintain and repair equipment for the electronic filing and storage of filings, files, instruments, documents and records using microfilm, microfiche, data processing, magnetic tape, optical discs, computers or other electronic process which correctly and legibly stores and reproduces or which forms a medium for storage, copying or reproducing documents, files and records for use by one (1), all or any combination of county offices, employees and officials, whether appointed or elected. (8) In addition to the authority granted in this section, the board of supervisors of any county may expend funds as provided in Section 29-3-23(2).
(9) The board of supervisors of any county may perform and exercise any duty, responsibility or function, may enter into agreements and contracts, may provide and deliver any services or assistance, and may receive, expend and administer any grants, gifts, matching funds, loans or other monies, in accordance with and as may be authorized by any federal law, rule or regulation creating, establishing or providing for any program, activity or service. The provisions of this paragraph shall not be construed as authorizing any county, the board of supervisors of any county or any member of a board of supervisors to perform any function or activity that is specifically prohibited under the laws of this state or as granting any authority in addition to or in conflict with the provisions of any federal law, rule or regulation.
(10) The board of supervisors of any county may provide funds from any available source to assist in defraying the actual expenses to maintain an office as provided in Section 9-1-36. The authority provided in this subsection shall apply to any office regardless of ownership of such office or who may be making any lease payments for such office.
SECTION 3. Section 11-51-75, Mississippi Code of 1972, is amended as follows:
11-51-75. Any person aggrieved by a judgment or decision of the board of supervisors, * * * municipal authorities of a city, town, or village, or by a decision of a sewer service provider regarding payment of delinquent sewer user fees may appeal within ten (10) days from the date * * * such judgment or decision was made, and may state the facts, judgment and decision in a bill of exceptions which shall be signed by the person acting as president of the board of supervisors or of the municipal authorities. The clerk * * * shall transmit the bill of exceptions to the circuit court at once, and the court shall * * * hear and determine * * * the case as presented by the bill of exceptions as an appellate court, either in termtime or in vacation, and shall affirm or reverse the judgment. If the judgment is reversed, the circuit court shall render such judgment as the board or municipal authorities ought to have rendered, and certify such judgment to the board of supervisors or municipal authorities. Costs shall be awarded as in other cases. The board of supervisors or municipal authorities may employ counsel to defend such appeals, to be paid out of the county or municipal treasury. Any such appeal may be heard and determined in vacation in the discretion of the court on motion of either party and written notice for ten (10) days to the other party or parties or the attorney of record, and the hearing of same shall be held in the county where the suit is pending unless the judge in his order shall otherwise direct.
* * * No appeal to the circuit court shall be taken from any order of the board of supervisors or municipal authorities which authorizes the issuance or sale of bonds, but all objections to any matters relating to the issuance and sale of bonds shall be adjudicated and determined by the chancery court, in accordance with the provisions of Sections 31-13-5 through 31-13-11, * * * Mississippi Code of 1972. And all rights of the parties shall be preserved * * * for the hearing before the chancery court, or the chancellor in vacation. * * * Nothing in this section shall affect pending litigation.
SECTION 4. This act shall take effect and be in force from and after July 1, 2010.
