Mississippi House Bill HB1291

Mississippi 2023 Regular Session

• Introduced: 1/16/23
• Refer: 1/16/23
• Failed: 1/31/23

Caption

Urban Flood and Drainage Control Law; authority for assesment on property benefitted by certain projects.

Impact

The amendment is expected to streamline funding for flood and drainage control improvements by allowing the board to levy a special tax on all taxable properties within the district to cover the costs of these initiatives. By consolidating costs across all property owners, it lowers the potential financial burden on individual properties identified as benefiting directly from the improvements. This could encourage more comprehensive flood management projects that can provide broader benefits to the community.

Summary

House Bill 1291 introduces an amendment to Section 51-35-333 of the Mississippi Code of 1972, specifically addressing the powers of the board of directors of districts formed under the Urban Flood and Drainage Control Act. The proposed legislation removes the provision allowing the board to levy special assessments on properties that benefit only a portion of the district from flood or drainage control projects. As such, all properties within the district would now bear the cost of such projects, regardless of their direct benefit, therefore simplifying the funding process for such projects.

Contention

Nonetheless, the change has sparked concerns regarding equity among property owners. By making all properties liable for assessments, those who may not see direct benefits could feel unfairly charged, leading to potential opposition. The discussions surrounding HB1291 reflect a tension between efficient management of resources and fairness in taxation, hinting at broader implications for the governance of local flood control initiatives and the responsibilities of district boards.

Implementation

If enacted, HB1291 is set to take effect on July 1, 2023. The new regulations will require that any special improvement assessments not only take into account the benefits received but also standardize the levy process across the district, which could lead to a shift in how local governments and their citizens approach infrastructure improvement funding.