AN ACT TO AMEND SECTION 21-27-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FEES OR CHARGES FOR WATER SERVICES SHALL BE ASSESSED JOINTLY AND SEVERALLY AGAINST USERS OF THE SERVICE AND THE OWNER OF THE PROPERTY FURNISHED THE SERVICE; TO PROVIDE THAT ANY PERSON WHO PAYS AN AMOUNT FOR WATER SERVICES AS PART OF A RENTAL OR LEASE AGREEMENT SHALL NOT BE HELD LIABLE UPON THE FAILURE OF THE OWNER TO PAY FEES; TO PROVIDE THAT FEES SHALL BE A LIEN UPON THE REAL PROPERTY OFFERED THE SERVICE; TO PROVIDE THAT FEES MAY BE ASSESSED ANNUALLY; TO PROHIBIT THE SALE OF PERSONAL PROPERTY TO SATISFY A LIEN UNDER THIS SECTION; TO REQUIRE THE MUNICIPALITY OR RECEIVERSHIP TO NOTIFY THE COUNTY TAX COLLECTOR OF THE UNPAID FEES OR CHARGES; TO PROHIBIT THE TAX COLLECTOR FROM ISSUING OR RENEWING A MOTOR VEHICLE ROAD AND BRIDGE PRIVILEGE LICENSE FOR ANY MOTOR VEHICLE OWNED BY A PERSON WHO IS DELINQUENT IN THE PAYMENT OF CHARGES UNLESS SUCH FEES ARE PAID; TO DETERMINE WAYS LIENS CREATED UNDER THIS SECTION MAY BE DISCHARGED; AND FOR RELATED PURPOSES.
Impact
The proposed legislation will have significant implications for how municipalities manage water service fees and the responsibilities tied to them. By instituting a system where fees become a lien on the real property serviced, the bill seeks to ensure that municipalities have a recourse to collect unpaid water charges. This will likely lead to a more structured approach to fee recovery, helping municipalities to maintain financial stability and ensuring that operational costs for water services are met.
Summary
Senate Bill 2375 seeks to amend Section 21-27-7 of the Mississippi Code to establish new provisions regarding the assessment of fees or charges for water services provided by municipally owned utilities and by court-initiated receiverships. The bill specifies that fees will be assessed jointly and severally against both the users of the service and the property owners. Furthermore, it outlines circumstances under which individuals who pay for water service as part of a rental or lease agreement are exempt from liability if the property owner does not fulfill payment obligations.
Contention
Despite its intent to improve fee collection mechanisms, SB2375 may raise concerns regarding the fairness of jointly assessing charges against both users and property owners, especially if users are not directly responsible for fees not covered by the owners. The provision allowing municipalities to place liens on properties could lead to hardship for users, particularly in cases where landlords do not pay for services rendered. Critiques may also focus on the lack of protections for low-income renters who could be disproportionately affected by non-payment penalties, making housing security a matter of contention in the discussions surrounding this bill.