Mississippi 2025 Regular Session Status: Enacted 12 R cosponsors

HB 1 — "Build Up Mississippi Act"; create.

Last action — Approved by Governor

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 10, 2025. Enacted.

Signed by Governor Tate Reeves (Republican) on March 27, 2025.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 82% · moderate confidence
  • Enacted

    Current position in the legislative process.

  • 12 sponsors

    1 primary, 11 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (12 R).

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

4957 added · 2961 removed

Plain-language change summary

The latest version of the bill HB 1 has introduced a significant reduction in income tax rates for individuals with taxable income over $10,000, starting from 2027 and decreasing to 3% by 2030. Additionally, it sets out a plan to further reduce this tax rate after 2031, based on the state’s financial health. Meanwhile, the bill also establishes a 5% tax on grocery sales starting in 2025 and raises gasoline excise taxes gradually through 2027. These changes matter as they could significantly impact taxpayers' finances and state revenue, affecting budgets for public services.

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1 (As Passed the House) AN ACT TO CREATE THE "BUILD UP MISSISSIPPI ACT";
1 (As Sent to Governor) AN ACT TO AMEND SECTION 27-7-5, MISSISSIPPI CODE OF 1972, TO REDUCE THE TAX ON ALL TAXABLE INCOME IN EXCESS OF $10,000.00 TO 3.75% FOR 2027, 3.5% FOR 2028, 3.25% FOR 2029, AND 3% FOR 2030 AND ALL SUBSEQUENT YEARS;
TO AUTHORIZE THE GOVERNING AUTHORITIES OF A MUNICIPALITY TO IMPOSE A SALES TAX ON THE GROSS PROCEEDS OF ALL SALES OR THE GROSS INCOME OF BUSINESSES IN THE MUNICIPALITY DERIVED FROM ACTIVITIES TAXED AT THE RATE OF SEVEN PERCENT UNDER THE MISSISSIPPI SALES TAX LAW AND ON RETAIL SALES OF FOOD FOR HUMAN CONSUMPTION NOT PURCHASED WITH FOOD STAMPS BUT WHICH WOULD BE EXEMPT FROM SALES TAX IF PURCHASED WITH FOOD STAMPS;
TO PROVIDE FOR THE ADDITIONAL REDUCTION OF THE TAX ON ALL TAXABLE INCOME IN EXCESS OF $10,000.00, BEGINNING IN 2031, WHEN THE WORKING CASH-STABILIZATION RESERVE FUND IS FULLY FUNDED, AND THE ADJUSTED GENERAL FUND REVENUE COLLECTIONS FOR A FISCAL YEAR EXCEED CERTAIN APPROPRIATIONS FOR THE FOLLOWING FISCAL YEAR BY AT LEAST 0.85% OF THE COST OF A 1% INCOME TAX REDUCTION;
TO PROVIDE THAT THE GOVERNING AUTHORITIES OF A MUNICIPALITY, BY A VOTE ENTERED UPON THEIR MINUTES BEFORE JULY 1, 2026, MAY OPT OUT OF IMPOSING THE TAX PROVIDED FOR IN THIS ACT;
TO AMEND SECTION 27-65-17, MISSISSIPPI CODE OF 1972, TO TAX RETAIL SALES OF GROCERIES AT 5% FROM AND AFTER JULY 1, 2025;
TO AUTHORIZE THE BOARD OF SUPERVISORS OF A COUNTY TO IMPOSE A SALES TAX ON THE GROSS PROCEEDS OF ALL SALES OR THE GROSS INCOME OF BUSINESSES IN THE COUNTY OUTSIDE OF THE MUNICIPALITIES IN THE COUNTY DERIVED FROM ACTIVITIES TAXED AT THE RATE OF SEVEN PERCENT UNDER THE MISSISSIPPI SALES TAX LAW AND ON RETAIL SALES OF FOOD FOR HUMAN CONSUMPTION NOT PURCHASED WITH FOOD STAMPS BUT WHICH WOULD BE EXEMPT FROM SALES TAX IF PURCHASED WITH FOOD STAMPS;
TO AMEND SECTION 27-65-241, MISSISSIPPI CODE OF 1972, TO CONFORM;
TO PROVIDE THAT THE BOARD OF SUPERVISORS OF A COUNTY, BY A VOTE ENTERED UPON ITS MINUTES BEFORE JULY 1, 2026, MAY OPT OUT OF IMPOSING THE TAX PROVIDED FOR IN THIS ACT;
TO BRING FORWARD SECTION 27-67-5, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE IMPOSITION OF A USE TAX, FOR THE PURPOSE OF POSSIBLE AMENDMENT;
TO AMEND SECTION 27-65-17, MISSISSIPPI CODE OF 1972, TO REDUCE THE SALES TAX RATE ON RETAIL SALES OF FOOD FOR HUMAN CONSUMPTION NOT PURCHASED WITH FOOD STAMPS BUT WHICH WOULD BE EXEMPT FROM SALES TAX IF PURCHASED WITH FOOD STAMPS;
TO AMEND SECTIONS 27-55-11, 27-55-519 AND 27-55-521, MISSISSIPPI CODE OF 1972, TO INCREASE THE EXCISE TAXES ON GASOLINE AND CERTAIN SPECIAL FUELS TO 21¢ PER GALLON FROM JULY 1, 2025, THROUGH JUNE 30, 2026, 24¢ PER GALLON FROM JULY 1, 2026, THROUGH JUNE 30, 2027, AND 27¢ PER GALLON FROM JULY 1, 2027, UNTIL THE FIRST DAY OF THE MONTH IMMEDIATELY FOLLOWING THE DATE UPON WHICH THE MISSISSIPPI TRANSPORTATION COMMISSION AND THE STATE TREASURER MAKE CERTAIN CERTIFICATIONS;
TO BRING FORWARD SECTION 27-67-5, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE IMPOSITION OF A USE TAX, FOR PURPOSES OF POSSIBLE AMENDMENT;
TO PROVIDE FOR THE INDEXING OF SUCH TAXES;
TO AMEND SECTION 27-65-19, MISSISSIPPI CODE OF 1972, TO LEVY A TAX ON THE GROSS INCOME FROM RETAIL SALES OF CERTAIN MOTOR FUELS;
TO AMEND SECTIONS 27-55-12 AND 27-55-523, MISSISSIPPI CODE OF 1972, TO CONFORM;
TO AMEND SECTION 27-65-75, MISSISSIPPI CODE OF 1972, TO REVISE THE AMOUNT OF STATE SALES TAX REVENUE THAT IS DISTRIBUTED TO MUNICIPALITIES;
TO AMEND SECTIONS 27-5-101 AND 27-65-75, MISSISSIPPI CODE OF 1972, TO ADJUST THE DISTRIBUTION OF REVENUE FROM CERTAIN GASOLINE AND SPECIAL FUEL TAXES;
TO PROVIDE THAT SALES TAX REVENUE DERIVED FROM RETAIL H.
TO AMEND SECTION 27-67-31, MISSISSIPPI CODE OF 1972, TO ADJUST THE DISTRIBUTION OF USE TAX REVENUE TO MUNICIPALITIES AND COUNTIES FOR INFRASTRUCTURE;
TO AMEND SECTION 27-67-35, MISSISSIPPI CODE OF 1972, TO AUTHORIZE MUNICIPALITIES TO EXPEND MONIES IN A SPECIAL FUND CONSISTING OF USE TAX REVENUE H.
1 *HR31/R1223PH* ~ OFFICIAL ~ R3/5 25/HR31/R1223PH PAGE 1 (BS\JAB) SALES OF CERTAIN MOTOR FUELS SHALL BE DEPOSITED INTO THE MAINTENANCE AND CAPACITY PROJECTS FUND CREATED IN THIS ACT;
1 *HR31/R1223SG* ~ OFFICIAL ~ R3/5 25/HR31/R1223SG PAGE 1 (BS\JAB) DISTRIBUTIONS FOR THE ACQUISITION AND/OR REHABILITATION OF BUILDINGS;
TO PROVIDE FOR THE TEMPORARY DISTRIBUTION OF CERTAIN STATE SALES REVENUE INTO THE BUDGET STABILIZATION FUND CREATED IN THIS ACT;
TO CREATE A NEW TIER IN THE MISSISSIPPI PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF MISSISSIPPI FOR EMPLOYEES BECOMING MEMBERS OF THE SYSTEM ON OR AFTER MARCH 1, 2026, WHICH SHALL CONSIST OF A DEFINED BENEFIT COMPONENT AND A DEFINED CONTRIBUTION COMPONENT;
TO AMEND SECTION 27-65-111, MISSISSIPPI CODE OF 1972, TO REVISE THE SALES TAX EXEMPTION ON SALES OF CERTAIN MOTOR FUEL;
TO SPECIFY THAT THE DEFINED CONTRIBUTION COMPONENT SHALL BE A PLAN UNDER SECTION 401(A) OF THE INTERNAL REVENUE CODE;
TO CREATE THE "BUDGET STABILIZATION FUND" AS A SPECIAL FUND IN THE STATE TREASURY;
TO PROVIDE THAT A PORTION OF THE EMPLOYEE'S CONTRIBUTIONS SHALL BE DEPOSITED INTO THE EMPLOYEE'S DEFINED CONTRIBUTION ACCOUNT, AND IN ADDITION, THE EMPLOYER MAY ELECT TO CONTRIBUTE AN AMOUNT UP TO THE MAXIMUM PRETAX AMOUNT ALLOWABLE UNDER FEDERAL LAW;
TO PROVIDE THAT MONIES IN THE FUND SHALL BE APPROPRIATED BY THE LEGISLATURE TO FURTHER THE PURPOSES OF THIS ACT;
TO PROVIDE THAT MEMBERS SHALL BE VESTED IMMEDIATELY IN THE DEFINED CONTRIBUTION PLAN;
TO AMEND SECTION 27-7-5, MISSISSIPPI CODE OF 1972, TO PHASE OUT THE STATE INCOME TAX ON THE TAXABLE INCOME OF INDIVIDUALS;
TO AMEND SECTION 25-11-103, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF "AVERAGE COMPENSATION" FOR MEMBERS IN THE NEW TIER TO MEAN THE AVERAGE OF THE EIGHT HIGHEST CONSECUTIVE YEARS OF EARNED COMPENSATION, OR OF THE LAST 96 CONSECUTIVE MONTHS OF EARNED COMPENSATION, WHICHEVER IS GREATER;
TO AMEND SECTION 65-9-17, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF A COUNTY OPTS OUT OF IMPOSING THE TAX PROVIDED FOR IN THIS ACT, THE COUNTY MAY NOT RECEIVE ANY ASSISTANCE FROM THE STATE AID ROAD FUND WHICH IS DERIVED FROM MONIES DEPOSITED INTO THE FUND FROM REVENUE DERIVED FROM THE TAX IMPOSED BY COUNTIES UNDER THIS ACT;
TO AMEND THE DEFINITION OF "MEMBER" TO PROVIDE THAT, IF A PERSON WITHDRAWS FROM STATE SERVICE AND RECEIVES A REFUND BEFORE MARCH 1, 2026, AND REENTERS STATE SERVICE ON OR AFTER MARCH 1, 2026, THE MEMBER SHALL BE CONSIDERED TO HAVE BECOME A MEMBER OF THE SYSTEM ON OR AFTER MARCH 1, 2026, AND NO PRIOR SERVICE SHALL BE CREDITED;
TO AMEND SECTION 27-115-85, MISSISSIPPI CODE OF 1972, TO REVISE THE DISTRIBUTION OF NET PROCEEDS GENERATED BY THE ALYCE G.
TO AMEND SECTION 25-11-109, MISSISSIPPI CODE OF 1972, TO LIMIT THE CIRCUMSTANCES FOR WHICH CREDITABLE SERVICE MAY BE AWARDED FOR EMPLOYEES BECOMING MEMBERS OF THE SYSTEM ON OR AFTER MARCH 1, 2026;
CLARKE MISSISSIPPI LOTTERY LAW TO PROVIDE THAT $100,000,000.00 OF THE NET PROCEEDS SHALL BE PAID INTO THE EMPLOYER'S ACCUMULATION ACCOUNT OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM UNTIL THE FUNDED RATIO FOR THE SYSTEM IS 80% AT THE END OF A FISCAL YEAR AND THEREAFTER, FOR EACH MONTH AFTER THAT FISCAL YEAR SUCH NET PROCEEDS SHALL BE PAID INTO THE STATE GENERAL FUND AND THAT ALL SUCH MONIES DEPOSITED INTO THE LOTTERY PROCEEDS FUND OVER $100,000,000.00 SHALL BE TRANSFERRED INTO THE EDUCATION ENHANCEMENT FUND FOR THE PURPOSES OF FUNDING THE EARLY CHILDHOOD LEARNING COLLABORATIVE, THE CLASSROOM SUPPLY FUND AND/OR OTHER EDUCATIONAL PURPOSES AND INTO THE STRATEGIC MULTI-MODAL INVESTMENTS FUND;
TO AMEND SECTION 25-11-111, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT MEMBERS IN THE NEW TIER WHO HAVE COMPLETED AT LEAST EIGHT YEARS OF MEMBERSHIP SERVICE SHALL BE ENTITLED TO RECEIVE A RETIREMENT ALLOWANCE UPON WITHDRAWAL FROM SERVICE AT THE AGE OF 62, AND MEMBERS WHO HAVE COMPLETED AT LEAST 35 YEARS OF CREDITABLE SERVICE SHALL BE ENTITLED TO RECEIVE A RETIREMENT ALLOWANCE UPON WITHDRAWAL FROM SERVICE REGARDLESS OF AGE;
TO CREATE THE "MAINTENANCE AND CAPACITY PROJECTS FUND" AS A SPECIAL FUND IN THE STATE TREASURY;
TO PROVIDE THAT MEMBERS IN THE NEW TIER WHO WITHDRAW FROM SERVICE BEFORE AGE 62 AND HAVE COMPLETED AT LEAST EIGHT YEARS OF MEMBERSHIP SERVICE AND HAVE NOT RECEIVED A REFUND OF THEIR CONTRIBUTIONS SHALL BE ENTITLED TO RECEIVE A RETIREMENT ALLOWANCE UPON ATTAINING THE AGE OF 62;
TO PROVIDE THAT MONEY IN THE FUND SHALL BE UTILIZED BY THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION, WITH THE ADVICE OF THE MAINTENANCE AND CAPACITY PROJECTS FUND ADVISORY BOARD, TO PROVIDE FUNDING FOR MAINTENANCE AND CAPACITY PROJECTS;
TO PROVIDE THAT THE MEMBER'S ANNUAL RETIREMENT ALLOWANCE FROM THE DEFINED BENEFIT PLAN SHALL CONSIST OF A MEMBER'S ANNUITY, WHICH SHALL BE EQUAL TO 1% OF THE AVERAGE COMPENSATION FOR EACH YEAR OF CREDITABLE SERVICE;
TO CREATE THE MAINTENANCE AND CAPACITY PROJECTS FUND ADVISORY BOARD AND PROVIDE FOR ITS MEMBERSHIP;
TO PROVIDE THAT THE ANNUAL RETIREMENT ALLOWANCE OF A MEMBER WHO HAS ATTAINED THE AGE OF 62 BUT HAS NOT COMPLETED AT LEAST 30 YEARS OF CREDITABLE SERVICE SHALL BE REDUCED BY AN ACTUARIAL EQUIVALENT FACTOR FOR EACH YEAR OF CREDITABLE SERVICE BELOW 30 YEARS OR THE NUMBER OF YEARS IN AGE THAT THE MEMBER IS BELOW AGE 65, WHICHEVER IS LESS;
TO PROVIDE THAT THE MAINTENANCE AND CAPACITY PROJECTS FUND ADVISORY BOARD SHALL PROVIDE NONBINDING ADVICE TO THE DEPARTMENT OF TRANSPORTATION REGARDING THE EXPENDITURE OF MONEY IN THE MAINTENANCE AND CAPACITY PROJECTS FUND;
TO AMEND SECTION 25-11-112, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THERE SHALL BE NO ANNUAL COST-OF-LIVING ADJUSTMENT FOR THE RETIREMENT ALLOWANCE APPLICABLE TO THE NEW TIER, ALTHOUGH THE LEGISLATURE MAY PROVIDE AN ADDITIONAL BENEFIT FOR A SPECIFIC YEAR;
TO BRING FORWARD SECTION 27-115-51, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE DEPOSIT OF MONIES RECEIVED FROM LOTTERY TICKET SALES INTO A CORPORATE OPERATING ACCOUNT AND THE TRANSFER OF NET PROCEEDS FROM THE CORPORATE OPERATING ACCOUNT TO THE LOTTERY PROCEEDS FUND FOR THE PURPOSES OF POSSIBLE AMENDMENT;
TO AMEND SECTION 25-11-114, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT WITH RESPECT TO RETIREMENT ALLOWANCES FOR H.
B.
No.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 2(BS\JAB) DEATH BEFORE RETIREMENT OR DEATH OR DISABILITY IN THE LINE OF DUTY;
TO AMEND SECTION 25-11-115, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A MEMBER IN THE NEW TIER SHALL NOT BE ELIGIBLE FOR A PARTIAL LUMP-SUM DISTRIBUTION;
TO AMEND SECTION 25-11-117, MISSISSIPPI CODE OF 1972, TO CONFORM;
TO AMEND SECTION 25-11-123, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT, FOR MEMBERS IN THE NEW TIER, THE EMPLOYEE'S CONTRIBUTION SHALL BE 9% OF EARNED COMPENSATION, 4% OF WHICH SHALL BE DEPOSITED INTO THE ANNUITY SAVINGS ACCOUNT APPLICABLE TO THE DEFINED BENEFIT PORTION OF THE RETIREMENT ALLOWANCE, WITH THE REMAINING 5% TO BE DEPOSITED INTO THE EMPLOYEE'S DEFINED CONTRIBUTION ACCOUNT;
TO PROVIDE THAT, FOR MEMBERS IN THE NEW TIER, THE EMPLOYER'S CONTRIBUTION SHALL BE APPLIED TO THE SYSTEM'S ACCRUED LIABILITY CONTRIBUTION FUND;
TO AMEND SECTION 25-11-305, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT MEMBERSHIP IN THE SUPPLEMENTAL LEGISLATIVE RETIREMENT PLAN SHALL APPLY ONLY TO THOSE STATE LEGISLATORS AND PRESIDENTS OF THE SENATE WHO WERE ELECTED BEFORE MARCH 1, 2026;
TO PROVIDE THAT, IF A MEMBER OF THE SUPPLEMENTAL LEGISLATIVE RETIREMENT PLAN WITHDRAWS FROM STATE SERVICE AND RECEIVES A REFUND BEFORE MARCH 1, 2026, AND REENTERS STATE SERVICE ON OR AFTER MARCH 1, 2026, THE MEMBER SHALL BE CONSIDERED TO HAVE BECOME A MEMBER OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM ON OR AFTER MARCH 1, 2026, AND NO PRIOR SERVICE SHALL BE CREDITED;
TO AMEND SECTION 25-11-401, MISSISSIPPI CODE OF 1972, TO MAKE A MINOR TECHNICAL CHANGE;
TO BRING FORWARD SECTION 25-11-409, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT;
TO AMEND SECTION 25-11-411, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT EACH PARTICIPANT IN THE OPTIONAL RETIREMENT PROGRAM SHALL CONTRIBUTE MONTHLY TO THE OPTIONAL RETIREMENT PROGRAM 9% OF THE PARTICIPANT'S TOTAL EARNED COMPENSATION;
TO REALLOCATE THE EMPLOYER'S CONTRIBUTION TO THE OPTIONAL RETIREMENT PROGRAM;
TO PROVIDE THAT AN AMOUNT EQUAL TO 14.9%, FOR EMPLOYEES HIRED BEFORE JULY 1, 2025, OR UP TO 9%, FOR EMPLOYEES HIRED ON OR AFTER JULY 1, 2025, OF THE PARTICIPANT'S TOTAL EARNED COMPENSATION SHALL BE APPLIED TO THE PARTICIPANT'S CONTRACTS OR ACCOUNTS;
TO PROVIDE THAT UP TO 0.2% OF THE PARTICIPANT'S TOTAL EARNED COMPENSATION SHALL BE APPLIED TO THE EXPENSE FUND OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO DEFRAY THE COST OF ADMINISTERING THE OPTIONAL RETIREMENT PROGRAM;
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TO PROVIDE THAT THE REMAINDER SHALL BE REMITTED TO THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR APPLICATION TO THE ACCRUED LIABILITY CONTRIBUTION FUND;
TO REPEAL SECTION 25-11-415, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM MAY DEDUCT NOT MORE THAN 2% OF ALL EMPLOYERS' CONTRIBUTIONS AND TRANSFER SUCH DEDUCTIONS TO THE EXPENSE FUND OF THE SYSTEM TO DEFRAY THE COST OF ADMINISTERING THE OPTIONAL RETIREMENT PROGRAM;
This act shall be known and may be cited as the "Build Up Mississippi Act".
Section 27-7-5, Mississippi Code of 1972, is amended as follows:
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 2(BS\JAB) SECTION 2.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 3(BS\JAB) 27-7-5.
(1) (a) Subject to the provisions of this subsection, from and after July 1, 2026, the governing authorities of a municipality shall impose upon all persons as a privilege for engaging or continuing in business or doing business within such municipality, a sales tax at the rate of one and one-half percent (1-1/2%) of the gross proceeds of sales or gross income of the business, as the case may be, derived from any of the activities within the municipality which are taxed at the rate of seven percent (7%) under the provisions of this chapter and from activities within the municipality which are taxed under Section 27-65-17(1)(n).
(1) (a) Except as otherwise provided in this section, there is hereby assessed and levied, to be collected and paid as hereinafter provided, for the calendar year 1983 and fiscal years ending during the calendar year 1983 and all taxable years thereafter, upon the entire net income of every resident individual, corporation, association, trust or estate, in excess of the credits provided, a tax at the following rates:
The governing authorities of a municipality, by a vote entered upon their minutes before July 1, 2026, may opt out of imposing the tax provided for in this subsection.
(i) 1.
The governing authorities of the municipality shall provide a notice in accordance with the Open Meetings Act (Section 25-41-1 et seq.) of its intent of holding a vote regarding opting out of imposing the tax.
Through calendar year 2017, on the first Five Thousand Dollars ($5,000.00) of taxable income, or any part thereof, the rate shall be three percent (3%);
(b) The tax imposed under this subsection shall apply to every person making sales, delivery or installations of tangible personal property or services within any municipality levying the tax provided for in this subsection but shall not apply to sales exempted by Sections 27-65-19, 27-65-101, 27-65-103, 27-65-105, 27-65-107, 27-65-109 and 27-65-111.
2.
(c) A municipality may use revenue derived from the tax imposed under this subsection for any purpose for which the H.
For calendar year 2018, on the first One Thousand Dollars ($1,000.00) of taxable income there shall be no tax levied, and on the next Four Thousand Dollars ($4,000.00) of taxable income, or any part thereof, the rate shall be three percent (3%);
3.
For calendar year 2019, on the first Two Thousand Dollars ($2,000.00) of taxable income there shall be no tax levied, and on the next Three Thousand Dollars ($3,000.00) of taxable income, or any part thereof, the rate shall be three percent (3%);
4.
For calendar year 2020, on the first Three Thousand Dollars ($3,000.00) of taxable income there shall be no tax levied, and on the next Two Thousand Dollars ($2,000.00) of taxable income, or any part thereof, the rate shall be three percent (3%);
H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 3(BS\JAB) municipality may use monies distributed to it under the provisions of Section 27-65-75(1)(a).
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 4(BS\JAB) 5.
(d) The sales tax authorized by this subsection shall be collected by the Department of Revenue, shall be accounted for separately from the amount of sales tax collected for the state in the municipality and shall be paid to the municipality in which collected.
For calendar year 2021, on the first Four Thousand Dollars ($4,000.00) of taxable income there shall be no tax levied, and on the next One Thousand Dollars ($1,000.00) of taxable income, or any part thereof, the rate shall be three percent (3%);
Payments to the municipality shall be made by the Department of Revenue on or before the fifteenth day of the month following the month in which the tax was collected.
6.
(2) (a) Subject to the provisions of this subsection, from and after July 1, 2026, the board of supervisors of a county shall impose upon all persons as a privilege for engaging or continuing in business or doing business within such county outside of the municipalities in the county, a sales tax at the rate of one and one-half percent (1-1/2%) of the gross proceeds of sales or gross income of the business, as the case may be, derived from any of the activities within the county that occur outside of the municipalities in the county which are taxed at the rate of seven percent (7%) under the provisions of this chapter and from activities within the county that occur outside of the municipalities in the county which are taxed under Section 27-65-17(1)(n).
For calendar year 2022 and all taxable years thereafter, there shall be no tax levied on the first Five Thousand Dollars ($5,000.00) of taxable income;
The board of supervisors of a county, by a vote entered upon its minutes before July 1, 2026, may opt out of imposing the tax provided for in this subsection.
(ii) On taxable income in excess of Five Thousand Dollars ($5,000.00) up to and including Ten Thousand Dollars ($10,000.00), or any part thereof, the rate shall be four percent (4%);
The board of supervisors of a county shall provide a notice in accordance with H.
and (iii) On all taxable income in excess of Ten Thousand Dollars ($10,000.00), the rate shall be five percent (5%).
(b) (i) For calendar year 2023 and all calendar years thereafter, there shall be no tax levied under subparagraph (ii) of paragraph (a) of this subsection on the taxable income of individuals in excess of Five Thousand Dollars ($5,000.00) up to and including Ten Thousand Dollars ($10,000.00), or any part thereof;
and (ii) For calendar year 2024 and all calendar years thereafter, the tax imposed under subparagraph (iii) of paragraph (a) of this subsection upon all taxable income of individuals in excess of Ten Thousand Dollars ($10,000.00), shall be at the following rates:
H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 4(BS\JAB) the Open Meetings Act (Section 25-41-1 et seq.) of its intent of holding a vote regarding opting out of imposing the tax.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 5(BS\JAB) 1.
If a county opts out of imposing the tax provided for in this subsection, the county may not receive any assistance from the State Aid Road Fund created in Section 65-9-17 which is derived from monies deposited into the fund from revenue derived from the tax imposed by counties under this subsection.
For calendar year 2024, on such taxable income, the rate shall be four and seven-tenths percent (4.7%);
(b) The tax imposed under this subsection shall apply to every person making sales, delivery or installations of tangible personal property or services within any county imposing the tax provided for in this subsection but shall not apply to sales exempted by Sections 27-65-19, 27-65-101, 27-65-103, 27-65-105, 27-65-107, 27-65-109 and 27-65-111.
2.
(c) The revenue derived from the tax imposed under this subsection shall be deposited into the State Aid Road Fund created in Section 65-9-17.
For calendar year 2025, on such taxable income, the rate shall be four and four-tenths percent (4.4%);
(d) The sales tax authorized by this subsection shall be collected by the Department of Revenue, shall be accounted for separately from the amount of sales tax collected for the state in the county and shall be paid as provided in paragraph (c) of this subsection.
* * * 3.
Payments shall be made by the Department of Revenue on or before the fifteenth day of the month following the month in which the tax was collected.
For calendar year 2026 * * *, on such taxable income, the rate shall be four percent (4%) * * *;
(3) If a municipality imposing a tax under subsection (1) of this section expands its corporate boundaries into a county that H.
4.
For calendar year 2027, on such taxable income, the rate shall be three and three-quarters percent (3.75%);
5.
For calendar year 2028, on such taxable income, the rate shall be three and one-half percent (3.5%);
6.
For calendar year 2029, on such taxable income, the rate shall be three and one-quarter percent (3.25%);
and 7.
For calendar year 2030 and all calendar years thereafter, except as otherwise provided in Section 2 of this act, on such taxable income, the rate shall be three percent (3%).
* * * (2) An S corporation, as defined in Section 27-8-3(1)(g), shall not be subject to the income tax imposed under this section.
(3) A like tax is hereby imposed to be assessed, collected and paid annually, except as hereinafter provided, at the rate specified in this section and as hereinafter provided, upon and H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 5(BS\JAB) is imposing a tax under subsection (2) of this section, the municipality shall impose the tax under subsection (1) of this section in the expanded corporate boundaries and the county shall cease to impose the tax under subsection (2) of this section in the expanded municipal corporate boundaries.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 6(BS\JAB) with respect to the entire net income, from all property owned or sold, and from every business, trade or occupation carried on in this state by individuals, corporations, partnerships, trusts or estates, not residents of the State of Mississippi.
The municipality shall begin to impose and the county shall cease to impose the respective taxes on the first day of the month following the month in which the municipal expansion becomes official.
(4) In the case of taxpayers having a fiscal year beginning in a calendar year with a rate in effect that is different than the rate in effect for the next calendar year and ending in the next calendar year, the tax due for that taxable year shall be determined by:
(a) Computing for the full fiscal year the amount of tax that would be due under the rates in effect for the calendar year in which the fiscal year begins;
and (b) Computing for the full fiscal year the amount of tax that would be due under the rates in effect for the calendar year in which the fiscal year ends;
and (c) Applying to the tax computed under paragraph (a) the ratio which the number of months falling within the earlier calendar year bears to the total number of months in the fiscal year;
and (d) Applying to the tax computed under paragraph (b) the ratio which the number of months falling within the later calendar year bears to the total number of months within the fiscal year;
and H.
B.
No.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 7(BS\JAB) (e) Adding to the tax determined under paragraph (c) the tax determined under paragraph (d) the sum of which shall be the amount of tax due for the fiscal year.
SECTION 2.
(1) As used in this section:
(a) "Adjusted General Fund Revenue Collections" means State General Fund revenue collections adjusted by removing any nonrecurring State General Fund revenue collections, which figure shall be provided annually to the commissioner by the Legislative Budget Office on or before October 1 for the prior fiscal year (beginning October 1, 2029, for fiscal year 2029 revenue collections) and presented at the next meeting of the Joint Legislative Budget Committee.
(b) "Appropriations" means the total amount contained in all deficit appropriations bills that are recurring expenses in State Support Funds and all General Fund appropriation bills passed into law, but not including any additional appropriations in excess of statutory required employer rate for the Public Employees' Retirement System of Mississippi, which figure shall be provided annually to the commissioner by the Legislative Budget Office on or before October 1 for the current fiscal year (beginning October 1, 2029, for fiscal year 2030 appropriations) and presented at the next meeting of the Joint Legislative Budget Committee.
(c) "Cost of a one percent (1%) cut" means the reduction in individual income tax collections that would result H.
B.
No.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 8(BS\JAB) from a one percent (1%) reduction in the tax on all taxable income of individuals in excess of Ten Thousand Dollars ($10,000.00), which figure shall be provided annually by the commissioner to the Legislative Budget Office on or before December 15, based on data from the prior calendar year (beginning December 15, 2029, for calendar year 2028);
however, if any filing extensions were granted by the commissioner under Section 27-7-50, the commissioner shall provide the Legislative Budget Office with an updated cost of a one percent (1%) cut before the end of the next regular legislative session.
(2) For calendar year 2031 and any calendar year thereafter, if the Working Cash-Stabilization Reserve Fund is fully funded as provided in Section 27-103-213, the tax imposed under Section 27-7-5(b)(ii) on all taxable income of individuals in excess of Ten Thousand Dollars ($10,000.00) shall be reduced by a percentage as indicated below, depending on the percentage by which the Adjusted General Fund Revenue Collections for a fiscal year (beginning with fiscal year 2029) exceed the Appropriations for the following fiscal year (beginning with fiscal year 2030):
(a) If the excess is at least eighty-five one-hundredths percent (0.85%), but less than one percent (1%), of the cost of a one percent (1%) cut, the tax shall be reduced by two-tenths percent (0.2%);
(b) If excess is at least one percent (1%), but less than one and fifteen one-hundredths percent (1.15%), of the cost H.
B.
No.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 9(BS\JAB) of a one percent (1%) cut, the tax shall be reduced by one-quarter percent (0.25%);
and (c) If excess is at least one and fifteen one-hundredths percent (1.15%) of the cost of a one percent (1%) cut, the tax shall be reduced by three-tenths percent (0.3%).
(3) The tax reduction provided for in this section shall be effective for the calendar year beginning after the close of the fiscal year pertaining to the Appropriations figure used in the calculation for subsection (2) of this section.
(4) When the application of the tax reduction provided for in this section results in a tax of zero percent (0%) on all taxable income of individuals in excess of Ten Thousand Dollars ($10,000.00), such tax shall be eliminated.
(c) (i) Retail sales of farm implements sold to farmers and used directly in the production of poultry, ratite, domesticated fish as defined in Section 69-7-501, livestock, livestock products, agricultural crops or ornamental plant crops or used for other agricultural purposes, and parts and labor used H.
H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 6(BS\JAB) to maintain and/or repair such implements, shall be taxed at the rate of one and one-half percent (1-1/2%) when used on the farm.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 10(BS\JAB) (c) (i) Retail sales of farm implements sold to farmers and used directly in the production of poultry, ratite, domesticated fish as defined in Section 69-7-501, livestock, livestock products, agricultural crops or ornamental plant crops or used for other agricultural purposes, and parts and labor used to maintain and/or repair such implements, shall be taxed at the rate of one and one-half percent (1-1/2%) when used on the farm.
The department shall establish an application process for a professional logger's permit to be issued, which shall include a requirement that the applicant submit a copy of documentation verifying that the applicant is certified according to Sustainable Forestry Initiative guidelines.
The department shall establish an application process for a professional logger's permit to be issued, which shall include a requirement that the applicant submit a copy of documentation H.
Upon a determination that an applicant is a professional logger, the department shall issue the applicant a numbered professional logger's permit.
H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 7(BS\JAB) (d) Except as otherwise provided in subsection (3) of this section, retail sales of aircraft, automobiles, trucks, truck-tractors, semitrailers and manufactured or mobile homes shall be taxed at the rate of three percent (3%).
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 11(BS\JAB) verifying that the applicant is certified according to Sustainable Forestry Initiative guidelines.
Upon a determination that an applicant is a professional logger, the department shall issue the applicant a numbered professional logger's permit.
(d) Except as otherwise provided in subsection (3) of this section, retail sales of aircraft, automobiles, trucks, truck-tractors, semitrailers and manufactured or mobile homes shall be taxed at the rate of three percent (3%).
(ii) The enterprise shall employ at least ten (10) persons in full-time jobs;
(iii) At least ten percent (10%) of the workforce in the facility operated by the enterprise shall be scientists, engineers or computer specialists;
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 8(BS\JAB) (iv) The enterprise shall manufacture plastics, chemicals, automobiles, aircraft, computers or electronics;
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 12(BS\JAB) (ii) The enterprise shall employ at least ten (10) persons in full-time jobs;
(iii) At least ten percent (10%) of the workforce in the facility operated by the enterprise shall be scientists, engineers or computer specialists;
(iv) The enterprise shall manufacture plastics, chemicals, automobiles, aircraft, computers or electronics;
(h) Sales of tangible personal property to electric power associations for use in the ordinary and necessary operation of their generating or distribution systems shall be taxed at the rate of one percent (1%).
H.
(i) Wholesale sales of food and drink for human consumption to full-service vending machine operators to be sold H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 9(BS\JAB) through vending machines located apart from and not connected with other taxable businesses shall be taxed at the rate of eight percent (8%).
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 13(BS\JAB) (h) Sales of tangible personal property to electric power associations for use in the ordinary and necessary operation of their generating or distribution systems shall be taxed at the rate of one percent (1%).
(i) Wholesale sales of food and drink for human consumption to full-service vending machine operators to be sold through vending machines located apart from and not connected with other taxable businesses shall be taxed at the rate of eight percent (8%).
For the purposes of this paragraph (l), "dairy producer" means any person engaged in the production of milk for commercial use.
For the purposes of this H.
B.
No.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 14(BS\JAB) paragraph (l), "dairy producer" means any person engaged in the production of milk for commercial use.
Operators that H.
Operators that rebill sales of equipment and materials to nonoperating working interest owners on behalf of a joint account through the joint interest billing (JIB), where the sales tax has been paid or accrued by the operator shall not be charged a sales tax on the JIB as services income.
(n) Retail sales of food or drink for human consumption not purchased with food stamps issued by the United States Department of Agriculture or other federal agency, but which would be exempt under Section 27-65-111(o) from the taxes imposed by this chapter if the food items were purchased with food stamps, shall be taxed at the rate of five percent (5%) from and after July 1, 2025.
(2) From and after January 1, 1995, retail sales of private carriers of passengers and light carriers of property, as defined in Section 27-51-101, shall be taxed an additional two percent (2%).
H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 10(BS\JAB) rebill sales of equipment and materials to nonoperating working interest owners on behalf of a joint account through the joint interest billing (JIB), where the sales tax has been paid or accrued by the operator shall not be charged a sales tax on the JIB as services income.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 15(BS\JAB) (3) A manufacturer selling at retail in this state shall be required to make returns of the gross proceeds of such sales and pay the tax imposed in this section.
(n) From and after July 1, 2026, retail sales of food for human consumption not purchased with food stamps issued by the United States Department of Agriculture, or other federal agency, but which would be exempt under Section 27-65-111(o) from the taxes imposed by this chapter if the food items were purchased with food stamps, shall be taxed as follows:
SECTION 4.
(i) From and after July 1, 2026, through June 30, 2027, such sales shall be taxed at the rate of four and one-half percent (4.5%);
Section 27-65-241, Mississippi Code of 1972, is amended as follows:
(ii) From and after July 1, 2027, through June 30, 2028, such sales shall be taxed at the rate of four and three-tenths percent (4.3%);
27-65-241.
(iii) From and after July 1, 2028, through June 30, 2029, such sales shall be taxed at the rate of four and one-tenths percent (4.1%);
(1) As used in this section, the following terms shall have the meanings ascribed to them in this section unless otherwise clearly indicated by the context in which they are used:
(iv) From and after July 1, 2029, through June 30, 2030, such sales shall be taxed at the rate of three and nine-tenths percent (3.9%);
(a) "Hotel" or "motel" means and includes a place of lodging that at any one time will accommodate transient guests on a daily or weekly basis and that is known to the trade as such.
Such terms shall not include a place of lodging with ten (10) or less rental units.
(b) "Municipality" means any municipality in the State of Mississippi with a population of one hundred fifty thousand (150,000) or more according to the most recent federal decennial census.
(c) "Restaurant" means and includes all places where prepared food is sold and whose annual gross proceeds of sales or gross income for the preceding calendar year equals or exceeds One Hundred Thousand Dollars ($100,000.00).
The term "restaurant" shall not include any nonprofit organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code.
For the purpose of calculating gross proceeds of sales or gross income, the sales or income of all establishments H.
B.
No.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 16(BS\JAB) owned, operated or controlled by the same person, persons or corporation shall be aggregated.
(2) (a) Subject to the provisions of this section, the governing authorities of a municipality may impose upon all persons as a privilege for engaging or continuing in business or doing business within such municipality, a special sales tax at the rate of not more than one percent (1%) of the gross proceeds of sales or gross income of the business, as the case may be, derived from any of the activities taxed at the rate of seven percent (7%) or more under the Mississippi Sales Tax Law, Section 27-65-1 et seq.
(b) The tax levied under this section shall apply to every person making sales of tangible personal property or services within the municipality but shall not apply to:
(i) Sales exempted by Sections 27-65-19, 27-65-101, 27-65-103, 27-65-105, 27-65-107, 27-65-109 and 27-65-111 of the Mississippi Sales Tax Law;
(ii) Gross proceeds of sales or gross income of restaurants derived from the sale of food and beverages;
(iii) Gross proceeds of sales or gross income of hotels and motels derived from the sale of hotel rooms and motel rooms for lodging purposes;
* * * ( * * *iv) Gross income of businesses engaging or continuing in the business of TV cable systems, subscription TV H.
B.
No.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 17(BS\JAB) services, and other similar activities, including, but not limited to, cable Internet services;
( * * *v) Wholesale sales of food and drink for human consumption sold to full service vending machine operators;
and ( * * *vi) Wholesale sales of light wine, light spirit product, beer and alcoholic beverages.
(3) (a) Before any tax authorized under this section may be imposed, the governing authorities of the municipality shall adopt a resolution declaring its intention to levy the tax, setting forth the amount of the tax to be imposed, the purposes for which the revenue collected pursuant to the tax levy may be used and expended, the date upon which the tax shall become effective, the date upon which the tax shall be repealed, and calling for an election to be held on the question.
The date of the election shall be set in the resolution.
Notice of the election shall be published once each week for at least three (3) consecutive weeks in a newspaper published or having a general circulation in the municipality, with the first publication of the notice to be made not less than twenty-one (21) days before the date fixed in the resolution for the election and the last publication to be made not more than seven (7) days before the election.
At the election, all qualified electors of the municipality may vote.
The ballots used at the election shall have printed thereon a brief description of the sales tax, the amount of the sales tax H.
B.
No.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 18(BS\JAB) levy, a description of the purposes for which the tax revenue may be used and expended and the words "FOR THE LOCAL SALES TAX" and "AGAINST THE LOCAL SALES TAX" and the voter shall vote by placing a cross (X) or check mark (√) opposite his choice on the proposition.
When the results of the election have been canvassed by the election commissioners of the municipality and certified by them to the governing authorities, it shall be the duty of such governing authorities to determine and adjudicate whether at least three-fifths (3/5) of the qualified electors who voted in the election voted in favor of the tax.
If at least three-fifths (3/5) of the qualified electors who voted in the election voted in favor of the tax, the governing authorities shall adopt a resolution declaring the levy and collection of the tax provided in this section and shall set the first day of the second month following the date of such adoption as the effective date of the tax levy.
A certified copy of this resolution, together with the result of the election, shall be furnished to the Department of Revenue not less than thirty (30) days before the effective date of the levy.
(b) A municipality shall not hold more than two (2) elections under this subsection.
(4) The revenue collected pursuant to the tax levy imposed under this section may be expended to pay the cost of road and street repair, reconstruction and resurfacing projects based on traffic patterns, need and usage, and to pay the costs of water, H.
B.
No.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 19(BS\JAB) sewer and drainage projects in accordance with a master plan adopted by the commission established pursuant to subsection (7).
(5) (a) The special sales tax authorized by this section shall be collected by the Department of Revenue, shall be accounted for separately from the amount of sales tax collected for the state in the municipality and shall be paid to the municipality.
The Department of Revenue may retain one percent (1%) of the proceeds of such tax for the purpose of defraying the costs incurred by the department in the collection of the tax.
Payments to the municipality shall be made by the Department of Revenue on or before the fifteenth day of the month following the month in which the tax was collected.
However, if a municipality fails to comply with the audit, reporting and/or report filing requirements of paragraph (b) of this subsection and does not remedy such noncompliance within thirty (30) days after receiving written notice of noncompliance, the Department of Revenue shall withhold payments otherwise payable to the municipality under this paragraph (a) until the department receives written notice that the municipality has complied with such requirements.
(b) The proceeds of the special sales tax shall be placed into a special municipal fund apart from the municipal general fund and any other funds of the municipality, and shall be expended by the municipality solely for the purposes authorized in subsection (4) of this section.
The records reflecting the receipts and expenditures of the revenue from the special sales H.
B.
No.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 20(BS\JAB) tax shall be provided in detail to the members of the commission monthly, to include the name of the vendor and the project, and the dates and amounts received and paid, and shall also be audited annually by an independent certified public accountant.
The accountant shall make a report of his findings to the governing authorities of the municipality and file a copy of his report with the Secretary of the Senate and the Clerk of the House of Representatives and the commission members.
The audit shall be made and completed as soon as practical after the close of the fiscal year of the municipality, and expenses of the audit shall be paid from the funds derived by the municipality pursuant to this section.
(c) Any expenditure from the special municipal fund defined in paragraph (b) above that was not for a project approved by the commission, or was in excess of the amount approved by the commission, shall be reimbursed by the city to the special fund.
(d) All provisions of the Mississippi Sales Tax Law applicable to filing of returns, discounts to the taxpayer, remittances to the Department of Revenue, enforced collection, rights of taxpayers, recovery of improper taxes, refunds of overpaid taxes or other provisions of law providing for imposition and collection of the state sales tax shall apply to the special sales tax authorized by this section, except where there is a conflict, in which case the provisions of this section shall control.
Any damages, penalties or interest collected for the H.
B.
No.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 21(BS\JAB) nonpayment of taxes imposed under this section, or for noncompliance with the provisions of this section, shall be paid to the municipality on the same basis and in the same manner as the tax proceeds.
Any overpayment of tax for any reason that has been disbursed to a municipality or any payment of the tax to a municipality in error may be adjusted by the Department of Revenue on any subsequent payment to the municipality pursuant to the provisions of the Mississippi Sales Tax Law.
The Department of Revenue may, from time to time, make such rules and regulations not inconsistent with this section as may be deemed necessary to carry out the provisions of this section, and such rules and regulations shall have the full force and effect of law.
(6) If a municipality expands its corporate boundaries, the governing authorities of the municipality may not impose the special sales tax in the annexed area unless the tax is approved at an election conducted, as far as is practicable, in the manner provided in subsection (3) of this section, except that only qualified electors in the annexed area may vote in the election.
(7) (a) Any municipality that levies the special sales tax authorized under this section shall establish a commission as provided for in this section.
Expenditures of revenue from the special sales tax authorized by this section shall be in accordance with a master plan adopted by the commission pursuant to this subsection.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 11(BS\JAB) (v) From and after July 1, 2030, through June 30, 2031, such sales shall be taxed at the rate of three and seven-tenths percent (3.7%);
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 22(BS\JAB) (b) The commission shall be composed of ten (10) voting members who shall be known as commissioners appointed as follows:
(vi) From and after July 1, 2031, through June 30, 2032, such sales shall be taxed at the rate of three and one-half percent (3.5%);
(i) Four (4) members representing the business community in the municipality appointed by the local chamber of commerce for initial terms of one (1), two (2), four (4) and five (5) years respectively.
(vii) From and after July 1, 2032, through June 30, 2033, such sales shall be taxed at the rate of three and three-tenths percent (3.3%);
The members appointed pursuant to this paragraph shall be persons who represent businesses located within the city limits of the municipality.
(viii) From and after July 1, 2033, through June 30, 2034, such sales shall be taxed at the rate of three and one-tenths percent (3.1%);
(ii) Three (3) members shall be appointed at large by the mayor of the municipality, with the advice and consent of the legislative body of the municipality, for initial terms of two (2), three (3) and four (4) years respectively.
(ix) From and after July 1, 2034, through June 30, 2035, such sales shall be taxed at the rate of two and nine-tenths percent (2.9%);
All appointments made by the mayor pursuant to this paragraph shall be residents of the municipality.
(x) From and after July 1, 2035, through June 30, 2036, such sales shall be taxed at the rate of two and seven-tenths percent (2.7%);
(iii) One (1) member shall be appointed at large by the Governor for an initial term of four (4) years.
and (xi) From and after July 1, 2036, such sales shall be taxed at the rate of two and one-half percent (2.5%).
All appointments made by the Governor pursuant to this paragraph shall be residents of the municipality.
(2) From and after January 1, 1995, retail sales of private carriers of passengers and light carriers of property, as defined in Section 27-51-101, shall be taxed an additional two percent (2%).
(iv) One (1) member shall be appointed at large by the Lieutenant Governor for an initial term of four (4) years.
All appointments made by the Lieutenant Governor pursuant to this paragraph shall be residents of the municipality.
(v) One (1) member shall be appointed at large by the Speaker of the House of Representatives for a term of four (4) years.
All appointments made by the Speaker of the House of H.
B.
No.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 23(BS\JAB) Representatives pursuant to this paragraph shall be residents of the municipality.
(c) The terms of all appointments made subsequent to the initial appointment shall be made for five (5) years.
Any vacancy which may occur shall be filled in the same manner as the original appointment and shall be made for the unexpired term.
(d) The mayor of the municipality shall designate a chairman of the commission from among the membership of the commission.
The vice chairman and secretary shall be elected by the commission from among the membership of the commission for a term of two (2) years.
The vice chairman and secretary may be reelected, and the chairman may be reappointed.
(e) The commissioners shall serve without compensation.
(f) Any commissioner shall be disqualified and shall be removed from office for either of the following reasons:
(i) Conviction of a felony in any state court or in federal court;
or (ii) Failure to attend three (3) consecutive meetings without just cause.
If a commissioner is removed for any of the above reasons, the vacancy shall be filled in the manner prescribed in this section and shall be made for the unexpired term.
(g) A quorum shall consist of six (6) voting members of the commission.
The commission shall adopt such rules and H.
B.
No.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 24(BS\JAB) regulations as may govern the time and place for holding meetings, regular and special.
(h) The commission shall, with input from the municipality, establish a master plan for road and street repair, reconstruction and resurfacing projects based on traffic patterns, need and usage, and for water, sewer and drainage projects.
Expenditures of the revenue from the tax authorized to be imposed pursuant to this section shall be made at the discretion of the governing authorities of the municipality if the expenditures comply with the master plan.
The commission shall monitor the compliance of the municipality with the master plan.
(8) The governing authorities of any municipality that levies the special sales tax authorized under this section are authorized to incur debt, including bonds, notes or other evidences of indebtedness, for the purpose of paying the costs of road and street repair, reconstruction and resurfacing projects based on traffic patterns, need and usage, and to pay the costs of water, sewer and drainage projects in accordance with a master plan adopted by the commission established pursuant to subsection (7) of this section.
Any bonds or notes issued to pay such costs may be secured by the proceeds of the special sales tax levied pursuant to this section or may be general obligations of the municipality and shall satisfy the requirements for the issuance of debt provided by Sections 21-33-313 through 21-33-323.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 12(BS\JAB) (3) A manufacturer selling at retail in this state shall be required to make returns of the gross proceeds of such sales and pay the tax imposed in this section.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 25(BS\JAB) (9) This section shall stand repealed from and after July 1, 2035.
SECTION 4.
SECTION 5.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 13(BS\JAB) The tax collector or the commissioner is expressly prohibited from issuing a license tag to any applicant without collecting the tax levied by this article, unless positive proof is filed, together with the application for the license tag, that the Mississippi tax has been paid, or that the sale was exempt by Section 27-67-7.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 26(BS\JAB) The tax collector or the commissioner is expressly prohibited from issuing a license tag to any applicant without collecting the tax levied by this article, unless positive proof is filed, together with the application for the license tag, that the Mississippi tax has been paid, or that the sale was exempt by Section 27-67-7.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 14(BS\JAB) the payment of the tax, in a form prescribed and furnished by the commissioner, which shall serve as proof of payment to the tax collector of the county in which the license is to be issued.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 27(BS\JAB) the payment of the tax, in a form prescribed and furnished by the commissioner, which shall serve as proof of payment to the tax collector of the county in which the license is to be issued.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 15(BS\JAB) SECTION 5.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 28(BS\JAB) SECTION 6.
Section 27-65-19, Mississippi Code of 1972, is amended as follows:
Section 27-55-11, Mississippi Code of 1972, is amended as follows:
27-65-19.
27-55-11.
(1) (a) (i) Except as otherwise provided in this subsection, upon every person selling to consumers, electricity, current, power, potable water, steam, coal, natural gas, liquefied petroleum gas or other fuel, there is hereby levied, assessed and shall be collected a tax equal to seven percent (7%) of the gross income of the business.
Any person in business as a distributor of gasoline or who acts as a distributor of gasoline, as defined in this article, shall pay for the privilege of engaging in such business or acting as such distributor an excise tax equal to Eighteen Cents (18¢) per gallon through June 30, 2025, Twenty-one Cents (21¢) per gallon from July 1, 2025, through June 30, 2026, Twenty-four Cents (24¢) per gallon from July 1, 2026, through June 30, 2027, Twenty-seven Cents (27¢) per gallon from July 1, 2027, until the date specified in Section 65-39-35, and Fourteen and Four-tenths Cents (14.4¢) per gallon thereafter, on all gasoline and blend stock stored, sold, distributed, manufactured, refined, distilled, blended or compounded in this state or received in this state for sale, use on the highways, storage, distribution, or for any purpose.
Provided, gross income from sales to consumers of electricity, current, power, natural gas, liquefied petroleum gas or other fuel for residential heating, lighting or other residential noncommercial or nonagricultural use, and sales of potable water for residential, noncommercial or nonagricultural use shall be excluded from taxable gross income of the business.
Any person in business as a distributor of aviation gasoline, or who acts as a distributor of aviation gasoline, shall pay for the privilege of engaging in such business or acting as such distributor an excise tax equal to Six and Four-tenths Cents (6.4¢) per gallon on all aviation gasoline stored, sold, distributed, manufactured, refined, distilled, blended or compounded in this state or received in this state for sale, storage, distribution or for any purpose.
Provided further, upon every such seller using electricity, current, power, potable water, steam, coal, natural gas, liquefied petroleum gas or other fuel for nonindustrial purposes, there is hereby levied, assessed and shall be collected a tax equal to seven percent (7%) of the cost or value of the product or service used.
H.
(ii) Gross income from retail sales of motor fuels that are not exempt under Section 27-65-111(n) shall be taxed at the rate of five percent (5%).
( * * *iii) Gross income from sales to a church that is exempt from federal income taxation under 26 USCS Section 501(c)(3) of electricity, current, power, natural gas, liquefied H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 16(BS\JAB) petroleum gas or other fuel for heating, lighting or other use, and sales of potable water to such a church shall be excluded from taxable gross income of the business if the electricity, current, power, natural gas, liquefied petroleum gas or potable water is utilized on property that is primarily used for religious or educational purposes.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 29(BS\JAB) Beginning July 1, 2029, and on July 1 of every other year thereafter, the excise tax rate provided in this section shall be adjusted by the percentage change in the yearly average of the National Highway Construction Cost Index (NHCCI) issued by the U.S.
(b) (i) There is hereby levied, assessed and shall be collected a tax equal to one and one-half percent (1-1/2%) of the gross income of the business from the sale of naturally occurring carbon dioxide and anthropogenic carbon dioxide lawfully injected into the earth for:
Federal Highway Administration (FHWA) for the most recent twelve-month published period ending December 31, compared to the base year average, which is the average for the twelve-month period ending December 31, 2025, and rounded to the nearest whole cent.
1.
The maximum amount of increase in the excise tax rate shall not exceed One Cent (1¢) per net gallon of gasoline or special fuel and shall take effect every other year.
Use in an enhanced oil recovery project, including, but not limited to, use for cycling, repressuring or lifting of oil;
The Department of Revenue shall notify each terminal supplier, position holder, licensed distributors distributor, and importer of the tax rate adjustment applicable under this paragraph on or before March 1.
or 2.
The excise taxes collected under this section shall be paid and distributed in accordance with Section 27-5-101.
Permanent sequestration in a geological formation.
The tax herein imposed and assessed shall be collected and paid to the State of Mississippi but once in respect to any gasoline.
(ii) The one and one-half percent (1-1/2%) rate provided for in this subsection shall apply to electricity, current, power, steam, coal, natural gas, liquefied petroleum gas or other fuel that is sold to a producer of oil and gas for use directly in enhanced oil recovery using carbon dioxide and/or the permanent sequestration of carbon dioxide in a geological formation.
The basis for determining the tax liability shall be the correct invoiced gallons, adjusted to sixty (60) degrees Fahrenheit at the refinery or point of origin of shipment when such shipment is made by tank car or by motor carrier.
(c) The one and one-half percent (1-1/2%) rate provided for in this subsection shall not apply to sales of fuel for H.
The point of origin of shipment of gasoline transported into this state by pipelines shall be deemed to be that point in this state where such gasoline is withdrawn from the pipeline for storage or H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 17(BS\JAB) automobiles, trucks, truck-tractors, buses, farm tractors or airplanes.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 30(BS\JAB) distribution, and adjustment to sixty (60) degrees Fahrenheit shall there be made.
(d) (i) Upon every person providing services in this state, there is hereby levied, assessed and shall be collected:
The basis for determining the tax liability on gasoline shipped into this state in barge cargoes and by pipeline shall be the actual number of gallons adjusted to sixty (60) degrees Fahrenheit unloaded into storage tanks or other containers in this state, such gallonage to be determined by measurement and/or gauge of storage tank or tanks or by any other method authorized by the commission.
1.
The tank or tanks into which barge cargoes of gasoline are discharged, or into which gasoline transported by pipeline is discharged, shall have correct gauge tables listing capacity, such gauge tables to be prepared by some recognized calibrating agency and to be approved by the commission.
A tax equal to seven percent (7%) of the gross income received from all charges for intrastate telecommunications services.
The tax levied herein shall accrue at the time gasoline is withdrawn from a refinery in this state except when withdrawal is by pipeline, barge, ship or vessel.
2.
The refiner shall pay to the commission the tax levied herein when gasoline is sold or delivered to persons who do not hold gasoline distributor permits.
A tax equal to seven percent (7%) of the gross income received from all charges for interstate telecommunications services.
The refiner shall report to the commission all sales and deliveries of gasoline to bonded distributors of gasoline.
3.
The bonded distributor of gasoline who purchases, receives or acquires gasoline from a refinery in this state shall report such gasoline and pay the tax levied herein.
A tax equal to seven percent (7%) of the gross income received from all charges for international telecommunications services.
Gasoline imported by common carrier shall be deemed to be received by the distributor of gasoline, and the tax levied herein H.
4.
A tax equal to seven percent (7%) of the gross income received from all charges for ancillary services.
Sales of computer software, computer software services, specified digital products, or other products delivered electronically, including, but not limited to, music, games, reading materials or ring tones, shall be taxed as provided in other sections of this chapter.
(ii) A person, upon proof that he has paid a tax in another state on an event described in subparagraph (i) of this paragraph (d), shall be allowed a credit against the tax imposed in this paragraph (d) on interstate telecommunications service charges to the extent that the amount of such tax is properly due H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 18(BS\JAB) and actually paid in such other state and to the extent that the rate of sales tax imposed by and paid in such other state does not exceed the rate of sales tax imposed by this paragraph (d).
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 31(BS\JAB) shall accrue, when the car or tank truck containing such gasoline is unloaded by the carrier.
(iii) Charges by one (1) telecommunications provider to another telecommunications provider holding a permit issued under Section 27-65-27 for services that are resold by such other telecommunications provider, including, but not limited to, access charges, shall not be subject to the tax levied pursuant to this paragraph (d).
With respect to distributors or other persons who bring, ship, have transported, or have brought into this state gasoline by means other than through a common carrier, the tax accrues and the tax liability attaches on the distributor or other person for each gallon of gasoline brought into the state at the time when and at the point where such gasoline is brought into the state.
(iv) For purposes of this paragraph (d):
The tax levied herein shall accrue on blend stock at the time it is blended with gasoline.
1.
The blender shall pay to the commission the tax levied herein when blend stock is sold or delivered to persons who do not hold gasoline distributor permits.
"Telecommunications service" means the electronic transmission, conveyance or routing of voice, data, audio, video or any other information or signals to a point, or between points.
The blender shall report to the commission all sales and deliveries of blend stock to bonded distributors of gasoline.
The term "telecommunications service" includes such transmission, conveyance or routing in which computer processing applications are used to act on the form, code or protocol of the content for purposes of transmission, conveyance or routing without regard to whether such service is referred to as Voice over Internet Protocol services or is classified by the Federal Communications Commission as enhanced or value added.
The bonded distributor of gasoline who purchases, receives or acquires blend stock from a blender in this state shall report blend stock and pay the tax levied herein.
The term "telecommunications service" shall not include:
SECTION 7.
a.
Section 27-55-519, Mississippi Code of 1972, is amended as follows:
Data processing and information services that allow data to be generated, acquired, stored, processed or retrieved and delivered by an electronic transmission H.
27-55-519.
(1) Any person engaged in business as a distributor of special fuel or who acts as a distributor of special fuel, as defined in this article, shall pay for the privilege of engaging in such business or acting as such distributor an excise tax on all special fuel stored, used, sold, distributed, manufactured, refined, distilled, blended or H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 19(BS\JAB) to a purchaser where such purchaser's primary purpose for the underlying transaction is the processed data or information;
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 32(BS\JAB) compounded in this state or received in this state for sale, storage, distribution or for any purpose, adjusted to sixty (60) degrees Fahrenheit.
b.
The excise tax shall become due and payable when:
Installation or maintenance of wiring or equipment on a customer's premises;
(a) Special fuel is withdrawn from storage at a refinery, marine or pipeline terminal, except when withdrawal is by barge or pipeline.
c.
(b) Special fuel imported by a common carrier is unloaded by that carrier unless the special fuel is unloaded directly into the storage tanks of a refinery, marine or pipeline terminal.
Tangible personal property;
(c) Special fuel imported by any person other than a common carrier enters the State of Mississippi unless the special fuel is unloaded directly into the storage tanks of a refinery, marine or pipeline terminal.
d.
(d) Special fuel is blended in this state unless such blending occurs in a refinery, marine or pipeline terminal.
Advertising, including, but not limited to, directory advertising;
(e) Special fuel is acquired tax free.
e.
(2) The special fuel excise tax shall be as follows:
Billing and collection services provided to third parties;
(a) * * * On undyed diesel fuel, Eighteen Cents (18¢) per gallon through June 30, 2025, Twenty-one Cents (21¢) per gallon from July 1, 2025, through June 30, 2026, Twenty-four Cents (24¢) per gallon from July 1, 2026, through June 30, 2027, Twenty-seven Cents (27¢) per gallon from July 1, 2027, until the H.
f.
Internet access service;
g.
Radio and television audio and video programming services regardless of the medium, including the furnishing of transmission, conveyance and routing of such services by the programming service provider.
Radio and television audio and video programming services shall include, but not be limited to, cable service as defined in 47 USCS 522(6) and audio and video programming services delivered by commercial mobile radio service providers, as defined in 47 CFR 20.3;
h.
Ancillary services;
or i.
Digital products delivered electronically, including, but not limited to, computer software, computer software services, electronically stored or maintained data, music, video, reading materials, specified digital products, or ring tones.
H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 20(BS\JAB) 2.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 33(BS\JAB) date specified in Section 65-39-35, and Fourteen and Three-fourths Cents (14.75¢) per gallon thereafter;
"Ancillary services" means services that are associated with or incidental to the provision of telecommunications services, including, but not limited to, detailed telecommunications billing, directory assistance, vertical service and voice mail service.
(b) Five and Three-fourths Cents (5.75¢) per gallon on all special fuel except undyed diesel fuel and special fuel used as fuels in aircraft;
a.
and (c) Five and One-fourth Cents (5.25¢) per gallon on special fuel used as fuel in aircraft.
"Conference bridging" means an ancillary service that links two (2) or more participants of an audio or video conference call and may include the provision of a telephone number.
(3) Beginning July 1, 2029, and on July 1 of every other year thereafter, the excise tax rate provided in this section shall be adjusted by the percentage change in the yearly average of the National Highway Construction Cost Index (NHCCI) issued by the U.S.
Conference bridging does not include the telecommunications services used to reach the conference bridge.
Federal Highway Administration (FHWA) for the most recent twelve-month published period ending December 31, compared to the base year average, which is the average for the twelve-month period ending December 31, 2025, and rounded to the nearest whole cent.
b.
The maximum amount of increase in the excise tax rate shall not exceed One Cent (1¢) per net gallon of gasoline or special fuel and shall take effect every other year.
"Detailed telecommunications billing service" means an ancillary service of separately stating information pertaining to individual calls on a customer's billing statement.
The Department of Revenue shall notify each terminal supplier, position holder, licensed distributors distributor, and importer of the tax rate adjustment applicable under this paragraph on or before March 1.
c.
SECTION 8.
"Directory assistance" means an ancillary service of providing telephone number information and/or address information.
Section 27-55-521, Mississippi Code of 1972, is amended as follows:
d.
27-55-521.
"Vertical service" means an ancillary service that is offered in connection with one or more telecommunications services, which offers advanced calling features that allow customers to identify callers and to manage multiple calls and call connections, including conference bridging services.
(1) An excise tax at the rate of Eighteen Cents (18¢) per gallon through June 30, 2025, Twenty-one Cents (21¢) per H.
e.
"Voice mail service" means an ancillary service that enables the customer to store, send or H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 21(BS\JAB) receive recorded messages.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 34(BS\JAB) gallon from July 1, 2025, through June 30, 2026, Twenty-four Cents (24¢) per gallon from July 1, 2026, through June 30, 2027, Twenty-seven Cents (27¢) per gallon from July 1, 2027, until the date specified in Section 65-39-35, * * * and Fourteen and Three-fourths Cents (14.75¢) per gallon thereafter is levied on any person engaged in business as a distributor of special fuel or who acts as such who sells:
Voice mail service does not include any vertical services that the customer may be required to have in order to utilize the voice mail service.
(a) Special fuel for use in performing contracts for construction, reconstruction, maintenance or repairs, where such contracts are entered into with the State of Mississippi, any political subdivision of the State of Mississippi, or any department, agency, institution of the State of Mississippi or any political subdivision thereof.
3.
(b) Dyed diesel fuel or kerosene to a state or local governmental entity for use on the highways in a motor vehicle.
"Intrastate" means telecommunications service that originates in one (1) United States state or United States territory or possession, and terminates in the same United States state or United States territory or possession.
(c) Special fuel for use on the highway.
4.
(2) An excise tax at the rate of Eighteen Cents (18¢) per gallon through June 30, 2025, Twenty-one Cents (21¢) per gallon from July 1, 2025, through June 30, 2026, Twenty-four Cents (24¢) per gallon from July 1, 2026, through June 30, 2027, Twenty-seven Cents (27¢) per gallon from July 1, 2027, until the date specified in Section 65-39-35, * * * and Fourteen and Three-fourths Cents (14.75¢) per gallon thereafter is levied on any person who:
"Interstate" means a telecommunications service that originates in one (1) United States state or United States territory or possession, and terminates in a different United States state or United States territory or possession.
5.
"International" means a telecommunications service that originates or terminates in the United States and terminates or originates outside the United States, respectively.
(v) For purposes of paragraph (d), the following sourcing rules shall apply:
1.
Except for the defined telecommunications services in item 3 of this subparagraph, the sales of telecommunications services sold on a call-by-call basis shall be sourced to:
a.
Each level of taxing jurisdiction where the call originates and terminates in that jurisdiction, or b.
Each level of taxing jurisdiction where the call either originates or terminates and in which the service address is also located.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 22(BS\JAB) 2.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 35(BS\JAB) (a) Uses dyed diesel fuel or kerosene in a motor vehicle on the highways of this state in violation of Section 27-55-539.
Except for the defined telecommunications services in item 3 of this subparagraph, a sale of telecommunications services sold on a basis other than a call-by-call basis, is sourced to the customer's place of primary use.
(b) Purchases or acquires undyed diesel fuel or kerosene for nonhighway use and subsequently uses such diesel fuel or kerosene in a motor vehicle on the highways of this state.
3.
(c) Purchases or acquires special fuel for use in performing contracts as specified in this section.
The sale of the following telecommunications services shall be sourced to each level of taxing jurisdiction as follows:
(3) Beginning July 1, 2029, and on July 1 of every other year thereafter, the excise tax rate provided in this section shall be adjusted by the percentage change in the yearly average of the National Highway Construction Cost Index (NHCCI) issued by the U.S.
a.
Federal Highway Administration (FHWA) for the most recent twelve-month published period ending December 31, compared to the base year average, which is the average for the twelve-month period ending December 31, 2025, and rounded to the nearest whole cent.
A sale of mobile telecommunications services other than air-to-ground radiotelephone service and prepaid calling service is sourced to the customer's place of primary use as required by the Mobile Telecommunication Sourcing Act.
The maximum amount of increase in the excise tax rate shall not exceed One Cent (1¢) per net gallon of gasoline or special fuel and shall take effect every other year.
A.
The Department of Revenue shall notify each terminal supplier, position holder, licensed distributors distributor, and importer of the tax rate adjustment applicable under this paragraph on or before March 1.
A home service provider shall be responsible for obtaining and maintaining the customer's place of primary use.
SECTION 9.
The home service provider shall be entitled to rely on the applicable residential or business street address supplied by such customer, if the home service provider's reliance is in good faith;
Section 27-55-12, Mississippi Code of 1972, is amended as follows:
and the home service provider shall be held harmless from liability for any additional taxes based on a different determination of the place of primary use for taxes that are customarily passed on to the customer as a separate itemized charge.
H.
A home service provider shall be allowed to treat the address used for purposes of the tax levied by this chapter for any customer under a service contract in effect on August 1, 2002, H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 23(BS\JAB) as that customer's place of primary use for the remaining term of such service contract or agreement, excluding any extension or renewal of such service contract or agreement.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 36(BS\JAB) 27-55-12.
Month-to-month services provided after the expiration of a contract shall be treated as an extension or renewal of such contract or agreement.
(1) The United States government, the State of Mississippi, counties, municipalities, school districts and all other political subdivisions of the state, and volunteer fire departments chartered under the laws of the State of Mississippi as nonprofit corporations shall be exempt from excise taxes on gasoline, special fuel and compressed gas as follows:
(a) From the excise tax rate in excess of Nine Cents (9¢) per gallon of gasoline and from the excise tax rate in excess of One Cent (1¢) per gallon of aviation gasoline levied under Section 27-55-11, Mississippi Code of 1972, Five and Four-tenths Cents (5.4¢) thereof shall be exempt as provided in Section 27-55-19, Mississippi Code of 1972.
(b) From the excise tax rate in excess of Ten Cents (10¢) per gallon of special fuel levied * * * under Sections 27-55-519 and 27-55-521 and subject to reduction on the date specified in Section 65-39-35, Four and Three-fourths Cents (4.75¢) thereof shall be exempt.
(c) From the excise tax rate in excess of One Cent (1¢) per gallon of special fuel taxed at Five and Three-fourths Cents (5.75¢) per gallon and from the excise tax rate in excess of One-half Cent (1/2¢) per gallon of special fuel used in aircraft levied under Section 27-55-519, Four and Three-fourths Cents (4.75¢) thereof shall be exempt.
(d) From the portion of the excise tax rate on compressed gas used as a motor fuel that exceeds the rate of tax H.
If the commissioner determines that the address used by a home service provider as a customer's place of primary use does not meet the definition of the term "place of primary use" as defined in subitem a.A.
No.
of this item 3, the commissioner shall give binding notice to the home service provider to change the place of primary use on a prospective basis from the date of notice of determination;
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 37(BS\JAB) in effect on June 30, 1987, Three Cents (3¢) thereof shall be exempt.
however, the customer shall have the opportunity, prior to such notice of determination, to demonstrate that such address satisfies the definition.
(2) The exemption provided in subsection (1) of this section for sales of gasoline, special fuel and compressed gas to volunteer fire departments shall apply only to sales of gasoline, special fuel and compressed gas for use in a vehicle owned by a volunteer fire department and used for department purposes.
C.
(3) The exemption provided in subsection (1) of this section for sales of gasoline, special fuel and compressed gas also shall apply to sales of gasoline, special fuel and compressed gas to an entity described in Section 27-51-41(2)(u) for use in buses and other motor vehicles that are exempt from ad valorem taxation under Section 27-51-41(2)(u).
The department has the right to collect any taxes due directly from the home service provider's customer that has failed to provide an address that meets the definition of the term "place of primary use" which resulted in a failure of tax otherwise due being remitted.
(4) Any person other than a bonded distributor of gasoline, bonded distributor of special fuel or bonded distributor of compressed gas who sells or delivers any gasoline, special fuel or compressed gas, subject to the exemption set forth in this section, is required to obtain credit for such exemption from a bonded distributor of gasoline, special fuel or compressed gas.
b.
SECTION 10.
A sale of postpaid calling service is sourced to the origination point of the telecommunications signal as first identified by either:
Section 27-55-523, Mississippi Code of 1972, is amended as follows:
A.
27-55-523.
The seller's telecommunications system;
For the purpose of determining the amount of his liability for the tax imposed by this article, each bonded distributor of special fuel shall, not later than the twentieth day of the month next following the month in which this article H.
or H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 24(BS\JAB) B.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 38(BS\JAB) becomes effective, and not later than the twentieth day of each month thereafter, file with the department a monthly report which shall include a statement of the number of gallons of special fuel received and sold by such distributor of special fuel within this state during the preceding calendar month, and such other information as may be reasonably necessary for the proper administration of this article.
Information received by the seller from its service provider, where the system used to transport such signals is not that of the seller.
At the time of filing each monthly report with the department, a distributor may take a credit for the number of gallons of special fuel that he purchased during the preceding calendar month from a distributor who pays the excise tax imposed by this article on such special fuel.
c.
At the time of filing each monthly report with the department, each distributor of special fuel shall pay to the department the full amount of the special fuel tax due from such distributor for the preceding calendar month.
A sale of a prepaid calling service or prepaid wireless calling service shall be subject to the tax imposed by this paragraph if the sale takes place in this state.
Reports and payments must be filed electronically by the due date in order to be considered timely filed, except when the due date falls on a weekend or holiday, in which case such reports and payments must be filed electronically by the first working day following the due date in order to be considered timely filed.
If the customer physically purchases a prepaid calling service or prepaid wireless calling service at the vendor's place of business, the sale is deemed to take place at the vendor's place of business.
The monthly report of the distributor of special fuel shall be prepared and filed with the department on forms prescribed by the department, or the distributor of special fuel may, with the approval of the department, furnish the required information on H.
If the customer does not physically purchase the service at the vendor's place of business, the sale of a prepaid calling card or prepaid wireless calling card is deemed to take place at the first of the following locations that applies to the sale:
A.
The customer's shipping address, if the sale involves a shipment;
The customer's billing address;
No.
C.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 39(BS\JAB) machine-prepared schedules.
Any other address of the customer that is known by the vendor;
Such monthly reports or schedules shall be signed by the distributor or his duly authorized agent and shall contain a declaration that the statements contained in such report are true and correct and are made under the penalty of perjury.
or D.
When special fuel, which would otherwise be taxable under the provisions of this article, is imported, sold, delivered or exported, under conditions which will exclude such special fuel from the tax levied under this article by reasons of one or more of the exemptions provided in this article, deduction for such exempt special fuel may be taken without prior approval of the department on the monthly report of the bonded distributor of special fuel importing, selling, delivering or exporting such special fuel.
The address of the vendor, or alternatively, in the case of a prepaid wireless calling service, the location associated with the mobile telephone number.
Provided, however, that the department may require proof to be furnished of such deduction for exempt special fuel.
4.
When the Five and Three-fourths Cents (5.75¢) per gallon tax has accrued or has been paid on special fuel that is taxed * * * under Sections 27-55-519 and 27-55-521 and subject to reduction on the date specified in Section 65-39-35, a deduction of Five and Three-fourths Cents (5.75¢) per gallon may be made.
A sale of a private communication service is sourced as follows:
SECTION 11.
H.
Section 27-5-101, Mississippi Code of 1972, is amended as follows:
[With regard to any county which is exempt from the provisions of Section 19-2-3, this section shall read as follows:] H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 25(BS\JAB) a.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 40(BS\JAB) 27-5-101.
Service for a separate charge related to a customer channel termination point is sourced to each level of jurisdiction in which such customer channel termination point is located.
Unless otherwise provided in this section, on or before the fifteenth day of each month, all gasoline, diesel fuel or kerosene taxes which are levied under the laws of this state and collected during the previous month shall be paid and apportioned by the * * * Department of Revenue as follows:
b.
(a) (i) Except as otherwise provided in Section 31-17-127, from the gross amount of gasoline, diesel fuel or kerosene taxes produced by the state, there shall be deducted an amount equal to one-sixth (1/6) of principal and interest certified by the State Treasurer to the * * * Department of Revenue to be due on the next semiannual bond and interest payment date, as required under the provisions of Chapter 130, Laws of 1938, and subsequent acts authorizing the issuance of bonds payable from gasoline, diesel fuel or kerosene tax revenue on a parity with the bonds issued under authority of said Chapter 130.
Service where all customer termination points are located entirely within one (1) jurisdiction or levels of jurisdiction is sourced in such jurisdiction in which the customer channel termination points are located.
The State Treasurer shall certify to the * * * Department of Revenue on or before the fifteenth day of each month the amount to be paid to the "Highway Bonds Sinking Fund" as provided by said Chapter 130, Laws of 1938, and subsequent acts authorizing the issuance of bonds payable from gasoline, diesel fuel or kerosene tax revenue, on a parity with the bonds issued under authority of said Chapter 130;
c.
and the * * * Department of Revenue shall, on or before the twenty-fifth day of each month, pay into the State Treasury for credit to the "Highway Bonds Sinking Fund" the amount so certified to him by the State Treasurer due to be paid into H.
Service for segments of a channel between two (2) customer channel termination points located in different jurisdictions and which segments of a channel are separately charged is sourced fifty percent (50%) in each level of jurisdiction in which the customer channel termination points are located.
B.
d.
No.
Service for segments of a channel located in more than one (1) jurisdiction or levels of jurisdiction and which segments are not separately billed is sourced in each jurisdiction based on the percentage determined by dividing the number of customer channel termination points in such jurisdiction by the total number of customer channel termination points.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 41(BS\JAB) such fund each month.
5.
The payments to the "Highway Bonds Sinking Fund" shall be made out of gross gasoline, diesel fuel or kerosene tax collections before deductions of any nature are considered;
A sale of ancillary services is sourced to the customer's place of primary use.
however, such payments shall be deducted from the allocation to the Mississippi Department of Transportation under paragraph (c) of this section.
(ii) From collections derived from the portion of the gasoline excise tax that exceeds Seven Cents (7¢) per gallon, up to and including Eighteen Cents (18¢) per gallon, from the portion of the tax on aviation gas under Section 27-55-11 that exceeds Six and Four-tenths Cents (6.4¢) per gallon, from the portion of the special fuel tax levied under Sections 27-55-519 and 27-55-521 * * * that exceeds Ten Cents (10¢) per gallon, up to and including Eighteen Cents (18¢) per gallon, from the portion of the taxes levied under Section 27-55-519, at Five and Three-fourths Cents (5.75¢) per gallon that exceeds One Cent (1¢) per gallon on special fuel and Five and One-fourth Cents (5.25¢) per gallon on special fuel used as aircraft fuel, from the portion of the excise tax on compressed gas used as a motor fuel that exceeds the rate of tax in effect on June 30, 1987, and from the portion of the gasoline excise tax in excess of Seven Cents (7¢) per gallon and the diesel excise tax in excess of Ten Cents (10¢) per gallon under Section 27-61-5 there shall be deducted:
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 26(BS\JAB) (vi) For purposes of subparagraph (v) of this paragraph (d):
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 42(BS\JAB) 1.
1.
An amount as provided in Section 27-65-75(4) to the credit of a special fund designated as the "Office of State Aid Road Construction." 2.
"Air-to-ground radiotelephone service" means a radio service, as that term is defined in 47 CFR 22.99, in which common carriers are authorized to offer and provide radio telecommunications service for hire to subscribers in aircraft.
An amount equal to the tax collections derived from Two Cents (2¢) per gallon of the gasoline excise tax for distribution to the State Highway Fund to be used exclusively for the construction, reconstruction and maintenance of highways of the State of Mississippi or the payment of interest and principal on bonds when specifically authorized by the Legislature for that purpose.
2.
"Call-by-call basis" means any method of charging for telecommunications services where the price is measured by individual calls.
"Communications channel" means a physical or virtual path of communications over which signals are transmitted between or among customer channel termination points.
The balance shall be deposited in the State Treasury to the credit of the State Highway Fund.
4.
(iii) From collections derived from the portion of the gasoline excise tax that exceeds Eighteen Cents (18¢) per gallon, and from the portion of the special fuel tax levied under Sections 27-55-519 and 27-55-521 that exceeds Eighteen Cents (18¢) per gallon, and from the portion of the gasoline excise tax and the diesel excise tax in excess of Eighteen Cents (18¢) per gallon under Section 27-61-5, there shall be deducted:
"Customer" means the person or entity that contracts with the seller of telecommunications services.
1.
If the end user of telecommunications services is not the contracting party, the end user of the telecommunications service is the customer of the telecommunications service.
Twenty-three and one-fourth percent (23.25%) of such amount to the credit of a special fund designated as the "Office of State Aid Road Construction." 2.
Customer does not include a reseller of telecommunications service or for mobile telecommunications service of a serving carrier under an agreement to serve the customer outside the home service provider's licensed service area.
Two and three-fourths percent (2.75%) of such amount to the Strategic Multi-Modal Investments Fund created in Section 65-1-901.
5.
"Customer channel termination point" means the location where the customer either inputs or receives the communications.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 27(BS\JAB) 6.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 43(BS\JAB) 3.
"End user" means the person who utilizes the telecommunications service.
Seventy-four percent (74%) of such amount to the Mississippi Department of Transportation for constructing, maintaining or improving segments of highways and bridges under its jurisdiction, and for operational improvements on such segments, in accordance with a project schedule as reported in the three-year plan as adopted, amended by or reissued by the Mississippi Transportation Commission under Section 65-1-141.
In the case of an entity, "end user" means the individual who utilizes the service on behalf of the entity.
(b) Subject to the provisions that said basis of distribution shall in nowise affect adversely the amount specifically pledged in paragraph (a) of this section to be paid into the "Highway Bonds Sinking Fund," the following shall be deducted from the amount produced by the state tax on gasoline, diesel fuel or kerosene tax collections, excluding collections derived from the portion of the gasoline excise tax that exceeds Seven Cents (7¢) per gallon, from the portion of the tax on aviation gas under Section 27-55-11 that exceeds Six and Four-tenths Cents (6.4¢) per gallon, from the portion of the special fuel tax levied under Sections 27-55-519 and 27-55-521, at Eighteen Cents (18¢) per gallon that exceeds Ten Cents (10¢) per gallon, from the portion of the taxes levied under Section 27-55-519, at Five and Three-fourths Cents (5.75¢) per gallon that exceeds One Cent (1¢) per gallon on special fuel and Five and One-fourth Cents (5.25¢) per gallon on special fuel used as aircraft fuel, from the portion of the excise tax on compressed gas used as a motor fuel that exceeds the rate of tax in effect on H.
7.
"Home service provider" has the meaning ascribed to such term in Section 124(5) of Public Law 106-252 (Mobile Telecommunications Sourcing Act).
8.
"Mobile telecommunications service" has the meaning ascribed to such term in Section 124(7) of Public Law 106-252 (Mobile Telecommunications Sourcing Act).
9.
"Place of primary use" means the street address representative of where the customer's use of the telecommunications service primarily occurs, which must be the residential street address or the primary business street address of the customer.
In the case of mobile telecommunications services, the place of primary use must be within the licensed service area of the home service provider.
10.
"Post-paid calling service" means the telecommunications service obtained by making a payment on a call-by-call basis either through the use of a credit card or payment mechanism such as a bank card, travel card, credit card or debit card, or by charge made to a telephone number which is not associated with the origination or termination of the telecommunications service.
A post-paid calling service includes a telecommunications service, except a prepaid wireless calling H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 28(BS\JAB) service that would be a prepaid calling service except it is not exclusively a telecommunications service.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 44(BS\JAB) June 30, 1987, and from the portion of the gasoline excise tax in excess of Seven Cents (7¢) per gallon and the diesel excise tax in excess of Ten Cents (10¢) per gallon under Section 27-61-5:
11.
(i) Twenty percent (20%) of such amount which shall be earmarked and set aside for the construction, reconstruction and maintenance of the highways and roads of the state, provided that if such twenty percent (20%) should reduce any county to a lesser amount than that received in the fiscal year ending June 30, 1966, then such twenty percent (20%) shall be reduced to a percentage to provide that no county shall receive less than its portion for the fiscal year ending June 30, 1966;
"Prepaid calling service" means the right to access exclusively telecommunications services, which must be paid for in advance and which enables the origination of calls using an access number or authorization code, whether manually or electronically dialed, and that is sold in predetermined units or dollars of which the number declines with use in a known amount.
(ii) The amount allowed as refund on gasoline or as tax credit on diesel fuel or kerosene used for agricultural, maritime, industrial, domestic, and nonhighway purposes;
12.
(iii) Five percent (5%) of such amount shall be paid to the State Highway Fund;
"Prepaid wireless calling service" means a telecommunications service that provides the right to utilize mobile wireless service as well as other nontelecommunications services, including the download of digital products delivered electronically, content and ancillary service, which must be paid for in advance that is sold in predetermined units or dollars of which the number declines with use in a known amount.
(iv) The amount or portion thereof authorized by legislative appropriation to the Fisheries and Wildlife Fund created under Section 59-21-25;
13.
(v) The amount for deposit into the special aviation fund under paragraph (d) of this section;
"Private communication service" means a telecommunications service that entitles the customer to exclusive or priority use of a communications channel or group of channels between or among termination points, regardless of the manner in which such channel or channels are connected, and includes switching capacity, extension lines, stations and any other associated services that are provided in connection with the use of such channel or channels.
and (vi) The remainder shall be divided on a basis of nine-fourteenths (9/14) and five-fourteenths (5/14) (being the same basis as Four and One-half Cents (4-1/2¢) and Two and One-half Cents (2-1/2¢) is to Seven Cents (7¢) on gasoline, and H.
14.
"Service address" means:
H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 29(BS\JAB) a.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 45(BS\JAB) six and forty-three one-hundredths (6.43) and three and fifty-seven one-hundredths (3.57) is to Ten Cents (10¢) on diesel fuel or kerosene).
The location of the telecommunications equipment to which a customer's call is charged and from which the call originates or terminates, regardless of where the call is billed or paid.
The amount produced by the nine-fourteenths (9/14) division shall be allocated to the * * * Department of Transportation and paid into the State Treasury as provided in this section and in Section 27-5-103 and the five-fourteenths (5/14) division shall be returned to the counties of the state on the following basis:
b.
1.
If the location in subitem a of this item 14 is not known, the origination point of the signal of the telecommunications services first identified by either the seller's telecommunications system or in information received by the seller from its service provider, where the system used to transport such signals is not that of the seller.
In each fiscal year, each county shall be paid each month the same percentage of the monthly total to be distributed as was paid to that county during the same month in the fiscal year which ended April 9, 1960, until the county receives One Hundred Ninety Thousand Dollars ($190,000.00) in such fiscal year, at which time funds shall be distributed under the provisions of paragraph (b)(vi)4 of this section.
c.
If the location in subitems a and b of this item 14 are not known, the location of the customer's place of primary use.
(vii) 1.
For purposes of this subparagraph (vii), "bundled transaction" means a transaction that consists of distinct and identifiable properties or services which are sold for a single nonitemized price but which are treated differently for tax purposes.
In the case of a bundled transaction that includes telecommunications services, ancillary services, Internet access, or audio or video programming services taxed under this chapter in which the price of the bundled transaction is attributable to properties or services that are taxable and nontaxable, the portion of the price that is attributable to any nontaxable property or service shall be subject to the tax unless H.
If after payments in 1 above, any county has not received a total of One Hundred Ninety Thousand Dollars ($190,000.00) at the end of the fiscal year ending June 30, 1961, and each fiscal year thereafter, then any available funds not distributed under 1 above shall be used to bring such county or counties up to One Hundred Ninety Thousand Dollars ($190,000.00) or such funds shall be divided equally among such counties not reaching One Hundred Ninety Thousand Dollars ($190,000.00) if there is not sufficient money to bring all the counties to said One Hundred Ninety Thousand Dollars ($190,000.00).
H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 30(BS\JAB) the provider can reasonably identify that portion from its books and records kept in the regular course of business.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 46(BS\JAB) 3.
3.
When a county has been paid an amount equal to the total which was paid to the same county during the fiscal year ended April 9, 1960, such county shall receive no further payments during the then current fiscal year until the last month of such current fiscal year, at which time distribution will be made under 2 above, except as set out in 4 below.
In the case of a bundled transaction that includes telecommunications services, ancillary services, internet access, audio or video programming services subject to tax under this chapter in which the price is attributable to properties or services that are subject to the tax but the tax revenue from the different properties or services are dedicated to different funds or purposes, the provider shall allocate the price among the properties or services:
a.
By reasonably identifying the portion of the price attributable to each of the properties and services from its books and records kept in the regular course of business;
or b.
Based on a reasonable allocation methodology approved by the department.
This subparagraph (vii) shall not create a right of action for a customer to require that the provider or the department, for purposes of determining the amount of tax applicable to a bundled transaction, allocate the price to the different portions of the transaction in order to minimize the amount of tax charged to the customer.
During the last month of the current fiscal year, should it be determined that there are funds available in excess of the amount distributed for the year under 1 and 2 above, then such excess funds shall be distributed among the various counties as follows:
A customer shall not be entitled to rely on the fact that a portion of the price is attributable to properties or services not subject to tax unless the provider elects, after receiving a written request from the H.
One-third (1/3) of such excess to be divided equally among the counties;
One-third (1/3) of such excess to be paid to the counties in the proportion which the population of each county bears to the total population of the state according to the last federal census;
One-third (1/3) of such excess to be paid to the counties in the proportion which the number of square miles of each county bears to the total square miles in the state.
5.
It is the declared purpose and intent of the Legislature that no county shall be paid less than was paid during the year ended April 9, 1960, unless the amount to be distributed to all counties in any year is less than the amount distributed to all counties during the year ended April 9, 1960.
H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 31(BS\JAB) customer in the form required by the provider, to provide verifiable data based upon the provider's books and records that are kept in the regular course of business that reasonably identifies the portion of the price attributable to the properties or services not subject to the tax.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 47(BS\JAB) The Municipal Aid Fund as established by Section 27-5-103 shall not participate in any portion of any funds allocated to any county hereunder over and above One Hundred Ninety Thousand Dollars ($190,000.00).
(2) Persons making sales to consumers of electricity, current, power, natural gas, liquefied petroleum gas or other fuel for residential heating, lighting or other residential noncommercial or nonagricultural use or sales of potable water for residential, noncommercial or nonagricultural use shall indicate on each statement rendered to customers that such charges are exempt from sales taxes.
In any county having countywide road or bridge bonds, or supervisors district or district road or bridge bonds outstanding, which exceed, in the aggregate, twelve percent (12%) of the assessed valuation of the taxable property of the county or district, it shall be the duty of the board of supervisors to set aside not less than sixty percent (60%) of such county's share or district's share of the gasoline, diesel fuel or kerosene taxes to be used in paying the principal and interest on such road or bridge bonds as they mature.
(3) There is hereby levied, assessed and shall be paid on transportation charges on shipments moving between points within this state when paid directly by the consumer, a tax equal to the rate applicable to the sale of the property being transported.
In any county having such countywide road or bridge bonds or district road or bridge bonds outstanding which exceed, in the aggregate, eight percent (8%) of the assessed valuation of the taxable property of the county, but which do not exceed, in the aggregate, twelve percent (12%) of the assessed valuation of the taxable property of the county, it shall be the duty of the board of supervisors to set aside not less than thirty-five percent (35%) of such county's share of the gasoline, diesel fuel or kerosene taxes to be used in paying the principal and interest of such road or bridge bonds as they mature.
Such tax shall be reported and paid directly to the Department of Revenue by the consumer.
In any county having such countywide road or bridge bonds or district road or bridge bonds outstanding which exceed, in the H.
SECTION 6.
Section 27-65-75, Mississippi Code of 1972, is amended as follows:
27-65-75.
On or before the fifteenth day of each month, the revenue collected under the provisions of this chapter during the preceding month shall be paid and distributed as follows:
(1) (a) On or before August 15, 1992, and each succeeding month thereafter through July 15, 1993, eighteen percent (18%) of H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 32(BS\JAB) the total sales tax revenue collected during the preceding month under the provisions of this chapter, except that collected under the provisions of Sections 27-65-15, 27-65-19(3) and 27-65-21, on business activities within a municipal corporation shall be allocated for distribution to the municipality and paid to the municipal corporation.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 48(BS\JAB) aggregate, five percent (5%) of the assessed valuation of the taxable property of the county, but which do not exceed, in the aggregate, eight percent (8%) of the assessed valuation of the taxable property of the county, it shall be the duty of the board of supervisors to set aside not less than twenty percent (20%) of such county's share of the gasoline, diesel fuel or kerosene taxes to be used in paying the principal and interest of such road and bridge bonds as they mature.
Except as otherwise provided in this paragraph (a), on or before August 15, 1993, and each succeeding month thereafter through August 15, 2026, eighteen and one-half percent (18-1/2%) of the total sales tax revenue collected during the preceding month under the provisions of this chapter, except that collected under the provisions of Sections 27-65-15, 27-65-19(3), 27-65-21 and 27-65-24, on business activities within a municipal corporation shall be allocated for distribution to the municipality and paid to the municipal corporation.
In any county having such countywide road or bridge bonds or district road or bridge bonds outstanding which do not exceed, in the aggregate, five percent (5%) of the assessed valuation of the taxable property of the county, it shall be the duty of the board of supervisors to set aside not less than ten percent (10%) of such county's share of the gasoline, diesel fuel or kerosene taxes to be used in paying the principal and interest on such road or bridge bonds as they mature.
Except as otherwise provided in this paragraph (a), on or before September 15, 2026, and each succeeding month thereafter, eighteen and one-half percent (18-1/2%) of the total sales tax revenue collected during the preceding month under the provisions of this chapter, except (i) that collected under the provisions of Sections 27-65-15, 27-65-17(1)(n), 27-65-19(1)(a)(ii) and (3), 27-65-21 and 27-65-24, on business activities within a municipal corporation and (ii) that collected on business activities within a municipal corporation which are taxed at a rate of seven percent (7%) under the provisions of this chapter, shall be allocated for distribution to the municipality and paid to the municipal H.
The portion of any such county's share of the gasoline, diesel fuel or kerosene taxes thus set aside for the payment of the principal and interest of road or bridge bonds, as provided for in this section, shall be used first in paying the currently maturing installments of the principal and interest of such countywide road or bridge bonds, if there be any such countywide road or bridge bonds outstanding, and secondly, in paying the currently maturing installments of principal and interest of district road or bridge bonds outstanding.
It shall be the duty H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 33(BS\JAB) corporation.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 49(BS\JAB) of the board of supervisors to pay bonds and interest maturing in each supervisors district out of the supervisors district's share of the gasoline, diesel fuel or kerosene taxes of such district.
However, in the event the State Auditor issues a certificate of noncompliance pursuant to Section 21-35-31, the Department of Revenue shall withhold ten percent (10%) of the allocations and payments to the municipality that would otherwise be payable to the municipality under this paragraph (a) until such time that the department receives written notice of the cancellation of a certificate of noncompliance from the State Auditor.
The remaining portion of such county's share of the gasoline, diesel fuel or kerosene taxes, after setting aside the portion above provided for the payment of the principal and interest of bonds, shall be used in the construction and maintenance of any public highways, bridges, or culverts of the county, including the roads in special or separate road districts, in the discretion of the board of supervisors, or in paying the interest and principal of county road and bridge bonds or district road and bridge bonds, in the discretion of the board of supervisors.
A municipal corporation, for the purpose of distributing the tax under this subsection, shall mean and include all incorporated cities, towns and villages.
In any county having no countywide road or bridge bonds or district road or bridge bonds outstanding, all such county's share of the gasoline, diesel fuel or kerosene taxes shall be used in the construction, reconstruction, and maintenance of the public highways, bridges, or culverts of the county as the board of supervisors may determine.
Monies allocated for distribution and credited to a municipal corporation under this paragraph may be pledged as security for a loan if the distribution received by the municipal corporation is otherwise authorized or required by law to be pledged as security for such a loan.
In every county in which there are county road bonds or seawall or road protection bonds outstanding which were issued for the purpose of building bridges or constructing public roads or seawalls, such funds shall be used in the manner provided by law.
In any county having a county seat that is not an incorporated municipality, the distribution provided under this subsection shall be made as though the county seat was an incorporated municipality;
(c) From the amount produced by the nine-fourteenths (9/14) division allocated to the * * * Department of Transportation, there shall be deducted:
however, the distribution to the municipality shall be paid to the county treasury in which the municipality is located, and those funds shall be used for road, bridge and street construction or maintenance in the county.
H.
(b) On or before August 15, 2006, and each succeeding month thereafter through August 15, 2026, eighteen and one-half H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 34(BS\JAB) percent (18-1/2%) of the total sales tax revenue collected during the preceding month under the provisions of this chapter, except that collected under the provisions of Sections 27-65-15, 27-65-19(3) and 27-65-21, on business activities on the campus of a state institution of higher learning or community or junior college whose campus is not located within the corporate limits of a municipality, shall be allocated for distribution to the state institution of higher learning or community or junior college and paid to the state institution of higher learning or community or junior college.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 50(BS\JAB) (i) The amount paid to the State Treasurer for the "Highway Bonds Sinking Fund" under paragraph (a) of this section;
On or before September 15, 2026, and each succeeding month thereafter, eighteen and one-half percent (18-1/2%) of the total sales tax revenue collected during the preceding month under the provisions of this chapter, except that collected under the provisions of Sections 27-65-15, 27-65-17(1)(n), 27-65-19(1)(a)(ii) and (3) and 27-65-21, on business activities on the campus of a state institution of higher learning or community or junior college whose campus is not located within the corporate limits of a municipality, shall be allocated for distribution to the state institution of higher learning or community or junior college and paid to the state institution of higher learning or community or junior college.
(ii) Any amounts due counties in accordance with Section 65-33-45 which have outstanding bonds issued for seawall or road protection purposes, issued under provisions of Chapter 319, Laws of 1924, and amendments thereto;
On or before September 15, 2026, and each succeeding month thereafter through August 15, 2027, twenty-eight and seventy-eight one-hundredths percent (28.78%) of the total sales tax revenue collected during the preceding month under the provisions of H.
(iii) Except as otherwise provided in Section 31-17-127, the remainder shall be paid by the * * * Department of Revenue to the State Treasurer on the fifteenth day of each month next succeeding the month in which the gasoline, diesel fuel or kerosene taxes were collected to the credit of the State Highway Fund.
The funds allocated for the construction, reconstruction, and improvement of state highways, bridges, and culverts, or so much thereof as may be necessary, shall first be used in conjunction with funds supplied by the federal government for such purposes and allocated to the * * * Department of Transportation to be expended on the state highway system.
It is specifically provided hereby that the necessary portion of such funds hereinabove allocated to the * * * Department of Transportation may be used for the prompt payment of principal and interest on highway bonds heretofore issued, including such bonds issued or to be issued under the provisions of Chapter 312, Laws of 1956, and amendments thereto.
H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 35(BS\JAB) Section 27-65-17(1)(n) on business activities on the campus of a state institution of higher learning or community or junior college whose campus is not located within the corporate limits of a municipality, shall be allocated for distribution to the state institution of higher learning or community or junior college and paid to the state institution of higher learning or community or junior college.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 51(BS\JAB) Nothing contained in this section shall be construed to reduce the amount of such gasoline, diesel fuel or kerosene excise taxes levied by the state, allotted under the provisions of Title 65, Chapter 33, Mississippi Code of 1972, to counties in which there are outstanding bonds issued for seawall or road protection purposes issued under the provisions of Chapter 319, Laws of 1924, and amendments thereto;
On or before September 15, 2027, and each succeeding month thereafter through August 15, 2028, thirty and twelve one-hundredths percent (30.12%) of the total sales tax revenue collected during the preceding month under the provisions of Section 27-65-17(1)(n) on business activities on the campus of a state institution of higher learning or community or junior college whose campus is not located within the corporate limits of a municipality, shall be allocated for distribution to the state institution of higher learning or community or junior college and paid to the state institution of higher learning or community or junior college.
the amount of said gasoline, diesel fuel or kerosene excise taxes designated in this section for the payment of bonds and interest authorized and issued or to be issued under the provisions of Chapter 130, Laws of 1938, and subsequent acts authorizing the issuance of bonds payable from gasoline, diesel fuel or kerosene tax revenue, shall, in such counties, be considered as being paid "into the State Treasury to the credit of the State Highway Fund" within the meaning of Section 65-33-45 in computing the amount to be paid to such counties under the provisions of said section, and this section shall be administered in connection with Title 65, Chapter 33, Mississippi Code of 1972, and Sections 65-33-45, 65-33-47 and 65-33-49 dealing with seawalls, as if made a part of this section.
On or before September 15, 2028, and each succeeding month thereafter through August 15, 2029, thirty-one and fifty-nine one-hundredths percent (31.59%) of the total sales tax revenue collected during the preceding month under the provisions of Section 27-65-17(1)(n) on business activities on the campus of a state institution of higher learning or community or junior college whose campus is not located within the corporate limits of a municipality, shall be allocated for distribution to the state institution of higher learning or community or junior H.
(d) The proceeds of the Five and One-fourth Cents (5.25¢) of the tax per gallon on oils used as a propellant for jet aircraft engines, and Six and Four-tenths Cents (6.4¢) of the tax per gallon on aviation gasoline and the tax of One Cent (1¢) per gallon for each gallon of gasoline for which a refund has been made pursuant to Section 27-55-23 because such gasoline was used H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 36(BS\JAB) college and paid to the state institution of higher learning or community or junior college.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 52(BS\JAB) for aviation purposes, shall be paid to the State Treasury into a special fund to be used exclusively, pursuant to legislative appropriation, for the support and development of aeronautics as defined in Section 61-1-3.
On or before September 15, 2029, and each succeeding month thereafter through August 15, 2030, thirty-three and twenty-one one-hundredths percent (33.21%) of the total sales tax revenue collected during the preceding month under the provisions of Section 27-65-17(1)(n) on business activities on the campus of a state institution of higher learning or community or junior college whose campus is not located within the corporate limits of a municipality, shall be allocated for distribution to the state institution of higher learning or community or junior college and paid to the state institution of higher learning or community or junior college.
(e) State highway funds in an amount equal to the difference between Forty-two Million Dollars ($42,000,000.00) and the annual debt service payable on the state's highway revenue refunding bonds, Series 1985, shall be expended for the construction or reconstruction of highways designated under the highway program created under Section 65-3-97.
On or before September 15, 2030, and each succeeding month thereafter through August 15, 2031, thirty-five percent (35%) of the total sales tax revenue collected during the preceding month under the provisions of Section 27-65-17(1)(n) on business activities on the campus of a state institution of higher learning or community or junior college whose campus is not located within the corporate limits of a municipality, shall be allocated for distribution to the state institution of higher learning or community or junior college and paid to the state institution of higher learning or community or junior college.
(f) "Gasoline, diesel fuel or kerosene taxes" as used in this section shall be deemed to mean and include state gasoline, diesel fuel or kerosene taxes levied and imposed on distributors of gasoline, diesel fuel or kerosene, and all state excise taxes derived from any fuel used to propel vehicles upon the highways of this state, when levied by any statute.
On or before September 15, 2031, and each succeeding month thereafter through August 15, 2032, thirty-seven percent (37%) of the total sales tax revenue collected during the preceding month under the provisions of Section 27-65-17(1)(n) on H.
[With regard to any county which is required to operate on a countywide system of road administration as described in Section 19-2-3, this section shall read as follows:] 27-5-101.
Unless otherwise provided in this section, on or before the fifteenth day of each month, all gasoline, diesel fuel or kerosene taxes which are levied under the laws of this state and collected during the previous month shall be paid and apportioned by the * * * Department of Revenue as follows:
H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 37(BS\JAB) business activities on the campus of a state institution of higher learning or community or junior college whose campus is not located within the corporate limits of a municipality, shall be allocated for distribution to the state institution of higher learning or community or junior college and paid to the state institution of higher learning or community or junior college.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 53(BS\JAB) (a) (i) Except as otherwise provided in Section 31-17-127, from the gross amount of gasoline, diesel fuel or kerosene taxes produced by the state, there shall be deducted an amount equal to one-sixth (1/6) of principal and interest certified by the State Treasurer to the * * * Department of Revenue to be due on the next semiannual bond and interest payment date, as required under the provisions of Chapter 130, Laws of 1938, and subsequent acts authorizing the issuance of bonds payable from gasoline, diesel fuel or kerosene tax revenue on a parity with the bonds issued under authority of said Chapter 130.
On or before September 15, 2032, and each succeeding month thereafter through August 15, 2033, thirty-nine and twenty-four one-hundredths percent (39.24%) of the total sales tax revenue collected during the preceding month under the provisions of Section 27-65-17(1)(n) on business activities on the campus of a state institution of higher learning or community or junior college whose campus is not located within the corporate limits of a municipality, shall be allocated for distribution to the state institution of higher learning or community or junior college and paid to the state institution of higher learning or community or junior college.
The State Treasurer shall certify to the * * * Department of Revenue on or before the fifteenth day of each month the amount to be paid to the "Highway Bonds Sinking Fund" as provided by said Chapter 130, Laws of 1938, and subsequent acts authorizing the issuance of bonds payable from gasoline, diesel fuel or kerosene tax revenue, on a parity with the bonds issued under authority of said Chapter 130;
On or before September 15, 2033, and each succeeding month thereafter through August 15, 2034, forty-one and seventy-seven one-hundredths percent (41.77%) of the total sales tax revenue collected during the preceding month under the provisions of Section 27-65-17(1)(n) on business activities on the campus of a state institution of higher learning or community or junior college whose campus is not located within the corporate limits of a municipality, shall be allocated for distribution to the state institution of higher learning or community or junior H.
and the * * * Department of Revenue shall, on or before the twenty-fifth day of each month, pay into the State Treasury for credit to the "Highway Bonds Sinking Fund" the amount so certified to him by the State Treasurer due to be paid into such fund each month.
The payments to the "Highway Bonds Sinking Fund" shall be made out of gross gasoline, diesel fuel or kerosene tax collections before deductions of any nature are considered;
however, such payments shall be deducted from the allocation to H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 38(BS\JAB) college and paid to the state institution of higher learning or community or junior college.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 54(BS\JAB) the * * * Department of Transportation under paragraph (c) of this section.
On or before September 15, 2034, and each succeeding month thereafter through August 15, 2035, forty-four and sixty-six one-hundredths percent (44.66%) of the total sales tax revenue collected during the preceding month under the provisions of Section 27-65-17(1)(n) on business activities on the campus of a state institution of higher learning or community or junior college whose campus is not located within the corporate limits of a municipality, shall be allocated for distribution to the state institution of higher learning or community or junior college and paid to the state institution of higher learning or community or junior college.
(ii) From collections derived from the portion of the gasoline excise tax that exceeds Seven Cents (7¢) per gallon, up to and including Eighteen Cents (18¢) per gallon, from the portion of the tax on aviation gas under Section 27-55-11 that exceeds Six and Four-tenths Cents (6.4¢) per gallon, from the portion of the special fuel tax levied under Sections 27-55-519 and 27-55-521 * * * that exceeds Ten Cents (10¢) per gallon, up to and including Eighteen Cents (18¢) per gallon, from the portion of the taxes levied under Section 27-55-519, at Five and Three-fourths Cents (5.75¢) per gallon that exceeds One Cent (1¢) per gallon on special fuel and Five and One-fourth Cents (5.25¢) per gallon on special fuel used as aircraft fuel, from the portion of the excise tax on compressed gas used as a motor fuel that exceeds the rate of tax in effect on June 30, 1987, and from the portion of the gasoline excise tax in excess of Seven Cents (7¢) per gallon and the diesel excise tax in excess of Ten Cents (10¢) per gallon under Section 27-61-5 there shall be deducted:
On or before September 15, 2035, and each succeeding month thereafter through August 15, 2036, forty-seven and ninety-six one-hundredths percent (47.96%) of the total sales tax revenue collected during the preceding month under the provisions of Section 27-65-17(1)(n) on business activities on the campus of a state institution of higher learning or community or junior college whose campus is not located within the corporate limits of a municipality, shall be allocated for distribution to the state institution of higher learning or community or junior college and paid to the state institution of higher learning or community or junior college.
1.
On or before September 15, 2036, and each succeeding month thereafter, fifty-one and eighty one-hundredths percent (51.80%) of the total sales tax revenue collected during the preceding month under the provisions of H.
An amount as provided in Section 27-65-75(4) to the credit of a special fund designated as the "Office of State Aid Road Construction." 2.
An amount equal to the tax collections derived from Two Cents (2¢) per gallon of the gasoline excise tax for distribution to the State Highway Fund to be used exclusively H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 39(BS\JAB) Section 27-65-17(1)(n) on business activities on the campus of a state institution of higher learning or community or junior college whose campus is not located within the corporate limits of a municipality, shall be allocated for distribution to the state institution of higher learning or community or junior college and paid to the state institution of higher learning or community or junior college.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 55(BS\JAB) for the construction, reconstruction and maintenance of highways of the State of Mississippi or the payment of interest and principal on bonds when specifically authorized by the Legislature for that purpose.
(c) On or before August 15, 2018, and each succeeding month thereafter until August 14, 2019, two percent (2%) of the total sales tax revenue collected during the preceding month under the provisions of this chapter, except that collected under the provisions of Sections 27-65-15, 27-65-19(3), 27-65-21 and 27-65-24, on business activities within the corporate limits of the City of Jackson, Mississippi, shall be deposited into the Capitol Complex Improvement District Project Fund created in Section 29-5-215.
3.
On or before August 15, 2019, and each succeeding month thereafter until August 14, 2020, four percent (4%) of the total sales tax revenue collected during the preceding month under the provisions of this chapter, except that collected under the provisions of Sections 27-65-15, 27-65-19(3), 27-65-21 and 27-65-24, on business activities within the corporate limits of the City of Jackson, Mississippi, shall be deposited into the Capitol Complex Improvement District Project Fund created in Section 29-5-215.
The balance shall be deposited in the State Treasury to the credit of the State Highway Fund.
On or before August 15, 2020, and each succeeding month thereafter through July 15, 2023, six percent H.
(iii) From collections derived from the portion of the gasoline excise tax that exceeds Eighteen Cents (18¢) per gallon, and from the portion of the special fuel tax levied under Sections 27-55-519 and 27-55-521 that exceeds Eighteen Cents (18¢) per gallon, and from the portion of the gasoline excise tax and the diesel excise tax in excess of Eighteen Cents (18¢) per gallon under Section 27-61-5, there shall be deducted:
1.
Twenty-three and one-fourth percent (23.25%) of such amount to the credit of a special fund designated as the "Office of State Aid Road Construction." 2.
Two and three-fourths percent (2.75%) of such amount to the Strategic Multi-Modal Investments Fund created in Section 65-1-901.
3.
Seventy-four percent (74%) of such amount to the Mississippi Department of Transportation for constructing, maintaining or improving segments of highways and bridges under its jurisdiction, and for operational improvements on such segments, in accordance with a project schedule as reported in the H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 40(BS\JAB) (6%) of the total sales tax revenue collected during the preceding month under the provisions of this chapter, except that collected under the provisions of Sections 27-65-15, 27-65-19(3), 27-65-21 and 27-65-24, on business activities within the corporate limits of the City of Jackson, Mississippi, shall be deposited into the Capitol Complex Improvement District Project Fund created in Section 29-5-215.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 56(BS\JAB) three-year plan as adopted, amended by or reissued by the Mississippi Transportation Commission under Section 65-1-141.
On or before August 15, 2023, and each succeeding month thereafter through August 15, 2026, nine percent (9%) of the total sales tax revenue collected during the preceding month under the provisions of this chapter, except that collected under the provisions of Sections 27-65-15, 27-65-19(3), 27-65-21 and 27-65-24, on business activities within the corporate limits of the City of Jackson, Mississippi, shall be deposited into the Capitol Complex Improvement District Project Fund created in Section 29-5-215.
(b) Subject to the provisions that said basis of distribution shall in nowise affect adversely the amount specifically pledged in paragraph (a) of this section to be paid into the "Highway Bonds Sinking Fund," the following shall be deducted from the amount produced by the state tax on gasoline, diesel fuel or kerosene tax collections, excluding collections derived from the portion of the gasoline excise tax that exceeds Seven Cents (7¢) per gallon, from the portion of the tax on aviation gas under Section 27-55-11 that exceeds Six and Four-tenths Cents (6.4¢) per gallon, from the portion of the special fuel tax levied under Sections 27-55-519 and 27-55-521, at Eighteen Cents (18¢) per gallon, that exceeds Ten Cents (10¢) per gallon, from the portion of the taxes levied under Section 27-55-519, at Five and Three-fourths Cents (5.75¢) that exceeds One Cent (1¢) per gallon on special fuel and Five and One-fourth Cents (5.25¢) per gallon on special fuel used as aircraft fuel, from the portion of the excise tax on compressed gas used as a motor fuel that exceeds the rate of tax in effect on June 30, 1987, and from the portion of the gasoline excise tax in excess of Seven Cents (7¢) per gallon and the diesel excise tax in excess of Ten Cents (10¢) per gallon under Section 27-61-5:
On or before September 15, 2026, and each succeeding month thereafter, nine percent (9%) of the total sales tax revenue collected during the preceding month under the provisions of this chapter, except that collected under the provisions of Sections 27-65-15, 27-65-17(1)(n), 27-65-19(1)(a)(ii) and (3), 27-65-21 and 27-65-24, on business activities within the corporate limits of the City of Jackson, Mississippi, shall be deposited into the Capitol Complex Improvement District Project Fund created in Section 29-5-215.
(i) Twenty percent (20%) of such amount which shall be earmarked and set aside for the construction, H.
On or before September 15, 2026, and each succeeding month thereafter through August 15, 2027, fourteen percent (14%) of the total sales H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 41(BS\JAB) tax revenue collected during the preceding month under the provisions of Section 27-65-17(1)(n) on business activities within the corporate limits of the City of Jackson, Mississippi, shall be deposited into the Capitol Complex Improvement District Project Fund created in Section 29-5-215.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 57(BS\JAB) reconstruction and maintenance of the highways and roads of the state, provided that if such twenty percent (20%) should reduce any county to a lesser amount than that received in the fiscal year ending June 30, 1966, then such twenty percent (20%) shall be reduced to a percentage to provide that no county shall receive less than its portion for the fiscal year ending June 30, 1966;
On or before September 15, 2027, and each succeeding month thereafter through August 15, 2028, fourteen and sixty-five one-hundredths percent (14.65%) of the total sales tax revenue collected during the preceding month under the provisions of Section 27-65-17(1)(n) on business activities within the corporate limits of the City of Jackson, Mississippi, shall be deposited into the Capitol Complex Improvement District Project Fund created in Section 29-5-215.
(ii) The amount allowed as refund on gasoline or as tax credit on diesel fuel or kerosene used for agricultural, maritime, industrial, domestic and nonhighway purposes;
On or before September 15, 2028, and each succeeding month thereafter through August 15, 2029, fifteen and thirty-seven one-hundredths percent (15.37%) of the total sales tax revenue collected during the preceding month under the provisions of Section 27-65-17(1)(n) on business activities within the corporate limits of the City of Jackson, Mississippi, shall be deposited into the Capitol Complex Improvement District Project Fund created in Section 29-5-215.
(iii) Five percent (5%) of such amount shall be paid to the State Highway Fund;
On or before September 15, 2029, and each succeeding month thereafter through August 15, 2030, sixteen and fifteen one-hundredths percent (16.15%) of the total sales tax revenue collected during the preceding month under the provisions of Section 27-65-17(1)(n) on business activities within the corporate limits of the City of Jackson, Mississippi, shall be deposited into the Capitol Complex H.
(iv) The amount or portion thereof authorized by legislative appropriation to the Fisheries and Wildlife Fund created under Section 59-21-25;
(v) The amount for deposit into the special aviation fund under paragraph (d) of this section;
and (vi) The remainder shall be divided on a basis of nine-fourteenths (9/14) and five-fourteenths (5/14) (being the same basis as Four and One-half Cents (4-1/2¢) and Two and One-half Cents (2-1/2¢) is to Seven Cents (7¢) on gasoline, and six and forty-three one-hundredths (6.43) and three and fifty-seven one-hundredths (3.57) is to Ten Cents (10¢) on diesel fuel or kerosene).
The amount produced by the nine-fourteenths (9/14) division shall be allocated to the * * * Department of Transportation and paid into the State Treasury as provided in H.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 42(BS\JAB) Improvement District Project Fund created in Section 29-5-215.
1 *HR31/R1223SG* ~ OFFICIAL ~ 25/HR31/R1223SG PAGE 58(BS\JAB) this section and in Section 27-5-103 and the five-fourteenths (5/14) division shall be returned to the counties of the state on the following basis:
On or before September 15, 2030, and each succeeding month thereafter through August 15, 2031, seventeen and three one-hundredths percent (17.03%) of the total sales tax revenue collected during the preceding month under the provisions of Section 27-65-17(1)(n) on business activities within the corporate limits of the City of Jackson, Mississippi, shall be deposited into the Capitol Complex Improvement District Project Fund created in Section 29-5-215.
On or before September 15, 2031, and each succeeding month thereafter through August 15, 2032, eighteen percent (18%) of the total sales tax revenue collected during the preceding month under the provisions of Section 27-65-17(1)(n) on business activities within the corporate limits of the City of Jackson, Mississippi, shall be deposited into the Capitol Complex Improvement District Project Fund created in Section 29-5-215.
On or before September 15, 2032, and each succeeding month thereafter through August 15, 2033, nineteen and nine one-hundredths percent (19.09%) of the total sales tax revenue collected during the preceding month under the provisions of Section 27-65-17(1)(n) on business activities within the corporate limits of the City of Jackson, Mississippi, shall be deposited into the Capitol Complex Improvement District Project Fund created in Section 29-5-215.
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Amendments

7 amendments

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Action History

  1. Approved by Governor

  2. Enrolled Bill Signed

  3. Enrolled Bill Signed

  4. Motion to Reconsider Tabled

  5. Motion to Reconsider Entered (Oliver, Lamar, Steverson)

  6. Concurred in Amend From Senate

  7. Point of Order-Not Well Taken

  8. Point of Order Raised

  9. Returned For Concurrence

  10. Motion to Reconsider Tabled

  11. Motion to Reconsider Entered

  12. Passed As Amended

  13. Amended

  14. Title Suff Do Pass As Amended

  15. Referred To Finance

  16. Transmitted To Senate

  17. Passed As Amended

  18. Amended

  19. Title Suff Do Pass As Amended

  20. Referred To Ways and Means

Sponsors

Sponsorship breakdown

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1 sponsors · 11 co-sponsors · 163 not signed on · 40 voted No

Sponsors (1)

Co-sponsors (11)

Not signed on (163)

163 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage

Passed 39 Yea · 0 Nay · 13 Other
Party YeaNayPresentNot Voting
Democrat 12004
Republican 25009
Unaffiliated 2000
Total 390013
% of votes cast 75%0%0%25%
How each member voted (52)
Member Party Vote
Turner-Ford — Yea
Gillespie Isom — Yea
Albert Butler Democrat Yea
Bradford Blackmon Democrat Yea
David Blount Democrat Not Voting
Derrick T. Simmons Democrat Not Voting
Gary Brumfield Democrat Yea
Hillman Terome Frazier Democrat Yea
Hob Bryan Democrat Yea
Johnny DuPree Democrat Yea
Joseph Thomas Democrat Not Voting
Juan Barnett Democrat Yea
Justin Pope Democrat Yea
Kamesha Mumford Democrat Yea
Reginald Jackson Democrat Yea
Rod Hickman Democrat Yea
Sarita Simmons Democrat Not Voting
Sollie B. Norwood Democrat Yea
Andy Berry Republican Yea
Angela Burks Hill Republican Not Voting
Bart Williams Republican Yea
Benjamin Suber Republican Yea
Brian Rhodes Republican Yea
Brice Wiggins Republican Yea
Briggs Hopson Republican Yea
Chad McMahan Republican Not Voting
Chris Johnson Republican Not Voting
Chuck Younger Republican Yea
Daniel H. Sparks Republican Yea
Dean Kirby Republican Yea
Dennis DeBar, Jr. Republican Not Voting
Don Hartness Republican Yea
J. Walter Michel Republican Not Voting
Jason Barrett Republican Yea
Jeff Tate Republican Yea
Jeremy England Republican Yea
Joel R. Carter, Jr. Republican Yea
Joey Fillingane Republican Yea
Joseph M. Seymour Republican Yea
Josh Harkins Republican Yea
Kathy L. Chism Republican Yea
Kevin Blackwell Republican Yea
Lane Taylor Republican Yea
Lydia Graves Chassaniol Republican Not Voting
Michael McLendon Republican Not Voting
Mike Thompson Republican Not Voting
Neil S. Whaley Republican Not Voting
Nicole Boyd Republican Yea
Philman Ladner Republican Yea
Rita Potts Parks Republican Yea
Scott DeLano Republican Yea
Tyler McCaughn Republican Yea

Official roll call →

Passed 91 Yea · 27 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 74201
Democrat 132401
Independent 2000
Unaffiliated 2100
Total 912702
% of votes cast 76%23%0%2%
How each member voted (120)
Member Party Vote
Lancaster — Yea
Mr. Speaker — Yea
Paden — Nay
Bo Brown Democrat Nay
Bob Evans Democrat Nay
Bradford Blackmon Democrat Yea
Bryant W. Clark Democrat Nay
Carl Mickens Democrat Yea
Cedric Burnett Democrat Yea
Cheikh Taylor Democrat Nay
Christopher M. Bell Democrat Not Voting
Daryl Porter Democrat Nay
Earle S. Banks Democrat Nay
Fabian Nelson Democrat Yea
Gregory Holloway, Sr. Democrat Yea
Hester Jackson McCray Democrat Nay
Jeffery Harness Democrat Nay
Jeffrey Hulum III Democrat Nay
Jeramey Anderson Democrat Nay
John G. Faulkner Democrat Nay
John W. Hines, Sr. Democrat Nay
Juan Barnett Democrat Yea
Justis Gibbs Democrat Yea
Kabir Karriem Democrat Nay
Karl Gibbs Democrat Yea
Keith Jackson Democrat Nay
Kenji Holloway Democrat Yea
Lataisha Jackson Democrat Yea
Omeria Scott Democrat Nay
Oscar Denton Democrat Nay
Otis Anthony Democrat Yea
Percy W. Watson Democrat Nay
Robert L. Sanders Democrat Nay
Ronnie C. Crudup Democrat Nay
Solomon C. Osborne Democrat Nay
Stephanie Foster Democrat Yea
Tamarra Butler-Washington Democrat Nay
Timaka James-Jones Democrat Nay
Tracey T. Rosebud Democrat Yea
Willie Bailey Democrat Nay
Zakiya Summers Democrat Nay
Angela Cockerham Independent Yea
Shanda Yates Independent Yea
Andy Boyd Republican Yea
Becky Currie Republican Yea
Beth Luther Waldo Republican Yea
Bill Kinkade Republican Yea
Bill Pigott Republican Yea
Billy Adam Calvert Republican Yea
Brad Mattox Republican Yea
Brent Anderson Republican Yea
Brent Powell Republican Yea
C. Scott Bounds Republican Yea
Carolyn Crawford Republican Yea
Casey Eure Republican Yea
Celeste Hurst Republican Yea
Chris Johnson Republican Nay
Clay Deweese Republican Yea
Clay Mansell Republican Yea
Dan Eubanks Republican Yea
Dana McLean Republican Yea
Donnie Bell Republican Yea
Donnie Scoggin Republican Yea
Elliot Burch Republican Yea
Fred Shanks Republican Yea
Gene Newman Republican Yea
Greg Haney Republican Yea
Henry Zuber III Republican Yea
Jansen Owen Republican Yea
Jay McKnight Republican Yea
Jeff Hale Republican Yea
Jeffrey S. Guice Republican Yea
Jerry R. Turner Republican Yea
Jill Ford Republican Yea
Jim Estrada Republican Yea
Jimmy Fondren Republican Yea
Jody Steverson Republican Yea
Joey Hood Republican Yea
John Read Republican Yea
John Thomas "Trey" Lamar, III Republican Yea
Jonathan McMillan Republican Yea
Joseph Tubb Republican Yea
Josh Hawkins Republican Yea
Justin Keen Republican Yea
Karl Oliver Republican Yea
Ken Morgan Republican Yea
Kent McCarty Republican Yea
Kevin Blackwell Republican Yea
Kevin Felsher Republican Yea
Kevin Ford Republican Yea
Kevin Horan Republican Yea
Kimberly Remak Republican Yea
Lance Varner Republican Yea
Larry Byrd Republican Yea
Lee Yancey Republican Yea
Lester Carpenter Republican Yea
Manly Barton Republican Yea
Mark Tullos Republican Yea
Mike Thompson Republican Nay
Missy McGee Republican Yea
Noah Sanford Republican Yea
Philman Ladner Republican Yea
Price Wallace Republican Yea
Randy P. Boyd Republican Yea
Randy Rushing Republican Yea
Richard Bennett Republican Yea
Rob Roberson Republican Yea
Rodney Hall Republican Yea
Sam C. Mims, V Republican Yea
Sam Creekmore IV Republican Yea
Shane Aguirre Republican Yea
Stacey Hobgood-Wilkes Republican Not Voting
Stephen A. Horne Republican Yea
Steve Lott Republican Yea
Steve Massengill Republican Yea
Troy Smith Republican Yea
Vince Mangold Republican Yea
W.I. "Doc" Harris Republican Yea
William Tracy Arnold Republican Yea
Zachary Grady Republican Yea

Official roll call →

Passage as Amended

Passed 32 Yea · 16 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 31000
Republican 27401
Unaffiliated 2202
Total 321603
% of votes cast 63%31%0%6%
How each member voted (51)
Member Party Vote
Robinson — Yea
Turner-Ford — Yea
Horhn — Nay
Jordan — Nay
Parker — Not Voting
Polk — Not Voting
Albert Butler Democrat Nay
Bradford Blackmon Democrat Nay
David Blount Democrat Nay
Derrick T. Simmons Democrat Nay
Gary Brumfield Democrat Yea
Hillman Terome Frazier Democrat Nay
Hob Bryan Democrat Nay
Joseph Thomas Democrat Nay
Juan Barnett Democrat Yea
Reginald Jackson Democrat Nay
Rod Hickman Democrat Nay
Sarita Simmons Democrat Yea
Sollie B. Norwood Democrat Nay
Andy Berry Republican Yea
Angela Burks Hill Republican Nay
Bart Williams Republican Yea
Benjamin Suber Republican Yea
Brian Rhodes Republican Yea
Brice Wiggins Republican Yea
Briggs Hopson Republican Yea
Chad McMahan Republican Yea
Chris Johnson Republican Yea
Chuck Younger Republican Yea
Daniel H. Sparks Republican Yea
Dean Kirby Republican Yea
Dennis DeBar, Jr. Republican Yea
J. Walter Michel Republican Yea
Jason Barrett Republican Yea
Jeff Tate Republican Yea
Jeremy England Republican Yea
Joel R. Carter, Jr. Republican Yea
Joey Fillingane Republican Yea
Joseph M. Seymour Republican Nay
Josh Harkins Republican Yea
Kathy L. Chism Republican Nay
Kevin Blackwell Republican Not Voting
Lydia Graves Chassaniol Republican Yea
Michael McLendon Republican Nay
Mike Thompson Republican Yea
Neil S. Whaley Republican Yea
Nicole Boyd Republican Yea
Philman Ladner Republican Yea
Rita Potts Parks Republican Yea
Scott DeLano Republican Yea
Tyler McCaughn Republican Yea

Official roll call →

Passage as Amended

Passed 88 Yea · 24 Nay · 8 Other
Party YeaNayPresentNot Voting
Republican 74201
Democrat 102107
Independent 2000
Unaffiliated 2100
Total 882408
% of votes cast 73%20%0%7%
How each member voted (120)
Member Party Vote
Lancaster — Yea
Mr. Speaker — Yea
Paden — Nay
Bo Brown Democrat Nay
Bob Evans Democrat Nay
Bradford Blackmon Democrat Yea
Bryant W. Clark Democrat Nay
Carl Mickens Democrat Yea
Cedric Burnett Democrat Yea
Cheikh Taylor Democrat Nay
Christopher M. Bell Democrat Not Voting
Daryl Porter Democrat Nay
Earle S. Banks Democrat Nay
Fabian Nelson Democrat Yea
Gregory Holloway, Sr. Democrat Not Voting
Hester Jackson McCray Democrat Nay
Jeffery Harness Democrat Nay
Jeffrey Hulum III Democrat Not Voting
Jeramey Anderson Democrat Nay
John G. Faulkner Democrat Nay
John W. Hines, Sr. Democrat Nay
Juan Barnett Democrat Yea
Justis Gibbs Democrat Not Voting
Kabir Karriem Democrat Nay
Karl Gibbs Democrat Yea
Keith Jackson Democrat Nay
Kenji Holloway Democrat Not Voting
Lataisha Jackson Democrat Yea
Omeria Scott Democrat Nay
Oscar Denton Democrat Nay
Otis Anthony Democrat Yea
Percy W. Watson Democrat Nay
Robert L. Sanders Democrat Not Voting
Ronnie C. Crudup Democrat Nay
Solomon C. Osborne Democrat Nay
Stephanie Foster Democrat Yea
Tamarra Butler-Washington Democrat Not Voting
Timaka James-Jones Democrat Nay
Tracey T. Rosebud Democrat Yea
Willie Bailey Democrat Nay
Zakiya Summers Democrat Nay
Angela Cockerham Independent Yea
Shanda Yates Independent Yea
Andy Boyd Republican Yea
Becky Currie Republican Yea
Beth Luther Waldo Republican Yea
Bill Kinkade Republican Yea
Bill Pigott Republican Yea
Billy Adam Calvert Republican Yea
Brad Mattox Republican Yea
Brent Anderson Republican Yea
Brent Powell Republican Yea
C. Scott Bounds Republican Yea
Carolyn Crawford Republican Yea
Casey Eure Republican Yea
Celeste Hurst Republican Yea
Chris Johnson Republican Nay
Clay Deweese Republican Yea
Clay Mansell Republican Yea
Dan Eubanks Republican Yea
Dana McLean Republican Yea
Donnie Bell Republican Yea
Donnie Scoggin Republican Yea
Elliot Burch Republican Yea
Fred Shanks Republican Yea
Gene Newman Republican Yea
Greg Haney Republican Yea
Henry Zuber III Republican Yea
Jansen Owen Republican Yea
Jay McKnight Republican Yea
Jeff Hale Republican Yea
Jeffrey S. Guice Republican Yea
Jerry R. Turner Republican Yea
Jill Ford Republican Yea
Jim Estrada Republican Yea
Jimmy Fondren Republican Yea
Jody Steverson Republican Yea
Joey Hood Republican Yea
John Read Republican Yea
John Thomas "Trey" Lamar, III Republican Yea
Jonathan McMillan Republican Yea
Joseph Tubb Republican Yea
Josh Hawkins Republican Yea
Justin Keen Republican Yea
Karl Oliver Republican Yea
Ken Morgan Republican Yea
Kent McCarty Republican Yea
Kevin Blackwell Republican Yea
Kevin Felsher Republican Yea
Kevin Ford Republican Yea
Kevin Horan Republican Yea
Kimberly Remak Republican Yea
Lance Varner Republican Yea
Larry Byrd Republican Yea
Lee Yancey Republican Yea
Lester Carpenter Republican Yea
Manly Barton Republican Yea
Mark Tullos Republican Yea
Mike Thompson Republican Nay
Missy McGee Republican Yea
Noah Sanford Republican Yea
Philman Ladner Republican Yea
Price Wallace Republican Yea
Randy P. Boyd Republican Yea
Randy Rushing Republican Yea
Richard Bennett Republican Not Voting
Rob Roberson Republican Yea
Rodney Hall Republican Yea
Sam C. Mims, V Republican Yea
Sam Creekmore IV Republican Yea
Shane Aguirre Republican Yea
Stacey Hobgood-Wilkes Republican Yea
Stephen A. Horne Republican Yea
Steve Lott Republican Yea
Steve Massengill Republican Yea
Troy Smith Republican Yea
Vince Mangold Republican Yea
W.I. "Doc" Harris Republican Yea
William Tracy Arnold Republican Yea
Zachary Grady Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors HB 1?
HB 1 is sponsored by John Thomas "Trey" Lamar, III (Republican), Jason White (Republican), Jody Steverson (Republican), C. Scott Bounds (Republican), Clay Deweese (Republican), Gene Newman (Republican), Billy Adam Calvert (Republican), Troy Smith (Republican), Justin Keen (Republican), Steve Massengill (Republican), Jeff Hale (Republican), and Dan Eubanks (Republican).
What is the current status of HB 1?
This bill has been enacted into law. Introduced January 10, 2025. Enacted.
Where can I track HB 1?
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