Mississippi Senate Bill SB2457

Mississippi 2022 Regular Session

• Introduced: 1/17/22
• Refer: 1/17/22
• Failed: 2/1/22

Caption

Garbage collection liens; expire after a certain number of years.

Impact

This legislation impacts local governance by fundamentally altering how municipalities can enforce payment of garbage collection fees. By introducing a time limit on liens, the bill provides property owners with a clearer expectation regarding the duration of financial liability for unpaid garbage fees. Moreover, the conditions under which municipalities can refile liens serve to manage the relationship between property ownership and fiscal accountability, ensuring that residents have definitive timelines for addressing debts related to municipal services.

Summary

Senate Bill 2457 amends certain sections of the Mississippi Code relating to liens imposed by counties and municipalities for garbage and rubbish collection fees. The bill establishes that any lien arising from such fees will expire after five years unless certain conditions are met. It allows for the re-filing of the lien for an additional five years if ownership of the property has not changed during that time. If ownership does transfer or the lien remains unpaid even after re-filing, the municipality may seek recovery of the past due amounts from the original property owner as well as the garbage generator during the time the fees were assessed.

Contention

Debate surrounding SB2457 may center on concerns regarding the potential financial implications for municipalities that rely on these fees for operational funding. Some stakeholders may argue that the limitations imposed on lien durations could undermine local authorities' ability to enforce fiscal responsibility, particularly in communities struggling with high rates of delinquency. Others may praise the bill's approach as a progressive reform that balances the need for local revenue with the rights and responsibilities of property owners.