Bill Text: MS SB2647 | 2010 | Regular Session | Introduced
Bill Title: Delinquent sewer utility fees; authorize certain remedies for the collection of.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-02-02 - Died In Committee [SB2647 Detail]
Download: Mississippi-2010-SB2647-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Environment Prot, Cons and Water Res
By: Senator(s) Burton
Senate Bill 2647
AN ACT TO AUTHORIZE PROVIDERS OF SEWER SERVICES TO INSTITUTE CERTAIN REMEDIES FOR THE COLLECTION OF DELINQUENT USER FEES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 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 of the State of Mississippi providing sewer services may institute the following measures to collect user fees which remain delinquent for a period of ninety (90) or more days:
(a) Enter into an agreement with any entity supplying water to the premises of the customers of the sewer district, public utility, municipality or county (hereafter "sewer service provider"), under mutually agreeable terms, whereby the water supplier may discontinue water service to the delinquent customers of the sewer service provider until such time as the sewer charges are paid.
(b) Impose 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. Any person who pays, as a part of a rental or lease agreement, an amount for sewer services shall not be held liable upon the failure of the property owner to pay those 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 paragraph (b)(ii) 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) Notify 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) The sewer service provider may levy the sewer user fees as a special assessment against the property in lieu of the lien authorized in paragraph (b)(ii). 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.
(e) (i) Before imposing a lien on real property pursuant to paragraph (b)(ii), notifying the tax collector of unpaid fees pursuant to paragraph (c)(i), or before levying unpaid sewer fees as a special assessment pursuant to paragraph (d), 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.
(ii) 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. This act shall take effect and be in force from and after July 1, 2010.
