Struck = removed from the bill ยท
added = the amendment's new text.
MISSISSIPPIAdopted LEGISLATUREAMENDMENT REGULARNO SESSION2 2025PROPOSED By:TO House Bill No.
Representatives1 Lamar,BY: White, Steverson, To:
WaysRepresentative andLamar MeansAMEND Bounds,by Deweese,inserting Newman,the Calvert,following Smith,new Keen,Section Massengill,4 Hale,on Eubanksline HOUSE330 BILLand NO.by renumbering all succeeding sections accordingly:
1 (As Passed the House) AN ACT TO CREATE THE "BUILD UP MISSISSIPPI ACT";
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 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 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 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 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 BRING FORWARD SECTION 27-67-5, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE IMPOSITION OF A USE TAX, FOR PURPOSES OF POSSIBLE AMENDMENT;
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 SECTION 27-65-75, MISSISSIPPI CODE OF 1972, TO REVISE THE AMOUNT OF STATE SALES TAX REVENUE THAT IS DISTRIBUTED TO MUNICIPALITIES;
TO REVISE THE DISTRIBUTION OF STATE SALES TAX REVENUE COLLECTED FROM 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 THAT SALES TAX REVENUE DERIVED FROM RETAIL H.
B.
No.
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;
TO PROVIDE FOR THE TEMPORARY DISTRIBUTION OF CERTAIN STATE SALES REVENUE INTO THE BUDGET STABILIZATION FUND CREATED IN THIS ACT;
TO AMEND SECTION 27-65-111, MISSISSIPPI CODE OF 1972, TO REVISE THE SALES TAX EXEMPTION ON SALES OF CERTAIN MOTOR FUEL;
TO CREATE THE "BUDGET STABILIZATION FUND" AS A SPECIAL FUND IN THE STATE TREASURY;
TO PROVIDE THAT MONIES IN THE FUND SHALL BE APPROPRIATED BY THE LEGISLATURE TO FURTHER THE PURPOSES OF THIS ACT;
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 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 SECTION 27-115-85, MISSISSIPPI CODE OF 1972, TO REVISE THE DISTRIBUTION OF NET PROCEEDS GENERATED BY THE ALYCE G.
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 CREATE THE "MAINTENANCE AND CAPACITY PROJECTS FUND" AS A SPECIAL FUND IN THE STATE TREASURY;
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 CREATE THE MAINTENANCE AND CAPACITY PROJECTS FUND ADVISORY BOARD AND PROVIDE FOR ITS MEMBERSHIP;
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 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;
AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1.
This act shall be known and may be cited as the "Build Up Mississippi Act".
H.
B.
No.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 2(BS\JAB) SECTION 2.
(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).
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.
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.
(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.
(c) A municipality may use revenue derived from the tax imposed under this subsection for any purpose for which the H.
B.
No.
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).
(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.
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.
(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).
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.
The board of supervisors of a county shall provide a notice in accordance with H.
B.
No.
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.
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.
(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.
(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.
(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.
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.
(3) If a municipality imposing a tax under subsection (1) of this section expands its corporate boundaries into a county that H.
B.
No.
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.
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.
SECTION 3.
Section 27-65-17, Mississippi Code of 1972, is amended as follows:
27-65-17.
(1) (a) Except as otherwise provided in this section, upon every person engaging or continuing within this state in the business of selling any tangible personal property whatsoever there is hereby levied, assessed and shall be collected a tax equal to seven percent (7%) of the gross proceeds of the retail sales of the business.
(b) Retail sales of farm tractors and parts and labor used to maintain and/or repair such tractors shall be taxed at the rate of one and one-half percent (1-1/2%) when made to farmers for agricultural purposes.
(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.
B.
No.
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.
(ii) The one and one-half percent (1-1/2%) rate shall also apply to all equipment used in logging, pulpwood operations or tree farming, and parts and labor used to maintain and/or repair such equipment, which is either:
1.
Self-propelled, or 2.
Mounted so that it is permanently attached to other equipment which is self-propelled or attached to other equipment drawn by a vehicle which is self-propelled.
In order to be eligible for the rate of tax provided for in this subparagraph (ii), such sales must be made to a professional logger.
For the purposes of this subparagraph (ii), a "professional logger" is a person, corporation, limited liability company or other entity, or an agent thereof, who possesses a professional logger's permit issued by the Department of Revenue and who presents the permit to the seller at the time of purchase.
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.
Upon a determination that an applicant is a professional logger, the department shall issue the applicant a numbered professional logger's permit.
H.
B.
No.
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%).
(e) Sales of manufacturing machinery or manufacturing machine parts when made to a manufacturer or custom processor for plant use only when the machinery and machine parts will be used exclusively and directly within this state in manufacturing a commodity for sale, rental or in processing for a fee shall be taxed at the rate of one and one-half percent (1-1/2%).
(f) Sales of machinery and machine parts when made to a technology intensive enterprise for plant use only when the machinery and machine parts will be used exclusively and directly within this state for industrial purposes, including, but not limited to, manufacturing or research and development activities, shall be taxed at the rate of one and one-half percent (1-1/2%).
In order to be considered a technology intensive enterprise for purposes of this paragraph:
(i) The enterprise shall meet minimum criteria established by the Mississippi Development Authority;
(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;
H.
B.
No.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 8(BS\JAB) (iv) The enterprise shall manufacture plastics, chemicals, automobiles, aircraft, computers or electronics;
or shall be a research and development facility, a computer design or related facility, or a software publishing facility or other technology intensive facility or enterprise as determined by the Mississippi Development Authority;
(v) The average wage of all workers employed by the enterprise at the facility shall be at least one hundred fifty percent (150%) of the state average annual wage;
and (vi) The enterprise must provide a basic health care plan to all employees at the facility.
A medical cannabis establishment, as defined in the Mississippi Medical Cannabis Act, shall not be considered to be a technology intensive enterprise for the purposes of this paragraph (f).
(g) Sales of materials for use in track and track structures to a railroad whose rates are fixed by the Interstate Commerce Commission or the Mississippi Public Service Commission shall be taxed at the rate of three percent (3%).
(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 H.
B.
No.
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%).
(j) Sales of equipment used or designed for the purpose of assisting disabled persons, such as wheelchair equipment and lifts, that is mounted or attached to or installed on a private carrier of passengers or light carrier of property, as defined in Section 27-51-101, at the time when the private carrier of passengers or light carrier of property is sold shall be taxed at the same rate as the sale of such vehicles under this section.
(k) Sales of the factory-built components of modular homes, panelized homes and precut homes, and panel constructed homes consisting of structural insulated panels, shall be taxed at the rate of three percent (3%).
(l) Sales of materials used in the repair, renovation, addition to, expansion and/or improvement of buildings and related facilities used by a dairy producer shall be taxed at the rate of three and one-half percent (3-1/2%).
For the purposes of this paragraph (l), "dairy producer" means any person engaged in the production of milk for commercial use.
(m) Sales of equipment and materials used in connection with geophysical surveying, exploring, developing, drilling, redrilling, completing, working over, producing, distributing, or testing of oil, gas and other mineral resources shall be taxed at the rate of four and one-half percent (4-1/2%).
Operators that H.
B.
No.
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.
(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:
(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%);
(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%);
(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%);
(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%);
H.
B.
No.
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%);
(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%);
(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%);
(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%);
(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%);
(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%);
and (xi) From and after July 1, 2036, such sales shall be taxed at the rate of two and one-half percent (2.5%).
(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.
B.
No.
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.
(a) The use tax hereby imposed and levied shall be collected at the same rates as imposed under Section 27-65-20, and Sections 27-65-17, 27-65-18, 27-65-19, 27-65-24, 27-65-25 and 25/HR31/HB1A.7J *HR31/HB1A.7J* P(RKM/JB) 27-65-26 computed on the purchase or sales price, or value, as defined in this article.
H.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.
B.
No.
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.
Receipts for all such payments shall 25/HR31/HB1A.7J *HR31/HB1A.7J* P(RKM/JB) be given to taxpayers in a form prescribed and furnished by the Department of Revenue.
A dealer authorized to collect and remit the tax to the Department of Revenue shall give to the purchaser a receipt for H.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.
B.
No.
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.
25/HR31/HB1A.7J *HR31/HB1A.7J* P(RKM/JB) Any error in the report and remittance to the commissioner may be adjusted on a subsequent report.
H.AMEND FURTHER THE TITLE on by inserting the following after the semicolon on line 24:
B.TO BRING FORWARD SECTION 27-67-5, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE IMPOSITION OF A USE TAX, FOR PURPOSES OF POSSIBLE AMENDMENT;
No.25/HR31/HB1A.7J *HR31/HB1A.7J* P(RKM/JB)
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 15(BS\JAB) SECTION 5.
Section 27-65-19, Mississippi Code of 1972, is amended as follows:
27-65-19.
(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.
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.
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.
(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.
B.
No.
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.
(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:
1.
Use in an enhanced oil recovery project, including, but not limited to, use for cycling, repressuring or lifting of oil;
or 2.
Permanent sequestration in a geological formation.
(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.
(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.
B.
No.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 17(BS\JAB) automobiles, trucks, truck-tractors, buses, farm tractors or airplanes.
(d) (i) Upon every person providing services in this state, there is hereby levied, assessed and shall be collected:
1.
A tax equal to seven percent (7%) of the gross income received from all charges for intrastate telecommunications services.
2.
A tax equal to seven percent (7%) of the gross income received from all charges for interstate telecommunications services.
3.
A tax equal to seven percent (7%) of the gross income received from all charges for international telecommunications services.
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.
B.
No.
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).
(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).
(iv) For purposes of this paragraph (d):
1.
"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 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 term "telecommunications service" shall not include:
a.
Data processing and information services that allow data to be generated, acquired, stored, processed or retrieved and delivered by an electronic transmission H.
B.
No.
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;
b.
Installation or maintenance of wiring or equipment on a customer's premises;
c.
Tangible personal property;
d.
Advertising, including, but not limited to, directory advertising;
e.
Billing and collection services provided to third parties;
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.
B.
No.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 20(BS\JAB) 2.
"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.
a.
"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.
Conference bridging does not include the telecommunications services used to reach the conference bridge.
b.
"Detailed telecommunications billing service" means an ancillary service of separately stating information pertaining to individual calls on a customer's billing statement.
c.
"Directory assistance" means an ancillary service of providing telephone number information and/or address information.
d.
"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.
e.
"Voice mail service" means an ancillary service that enables the customer to store, send or H.
B.
No.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 21(BS\JAB) receive recorded messages.
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.
3.
"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.
4.
"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.
H.
B.
No.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 22(BS\JAB) 2.
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.
3.
The sale of the following telecommunications services shall be sourced to each level of taxing jurisdiction as follows:
a.
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.
A.
A home service provider shall be responsible for obtaining and maintaining the customer's place of primary use.
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;
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.
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.
B.
No.
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.
Month-to-month services provided after the expiration of a contract shall be treated as an extension or renewal of such contract or agreement.
B.
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.
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;
however, the customer shall have the opportunity, prior to such notice of determination, to demonstrate that such address satisfies the definition.
C.
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.
b.
A sale of postpaid calling service is sourced to the origination point of the telecommunications signal as first identified by either:
A.
The seller's telecommunications system;
or H.
B.
No.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 24(BS\JAB) B.
Information received by the seller from its service provider, where the system used to transport such signals is not that of the seller.
c.
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.
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.
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;
B.
The customer's billing address;
C.
Any other address of the customer that is known by the vendor;
or D.
The address of the vendor, or alternatively, in the case of a prepaid wireless calling service, the location associated with the mobile telephone number.
4.
A sale of a private communication service is sourced as follows:
H.
B.
No.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 25(BS\JAB) a.
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.
b.
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.
c.
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.
d.
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.
5.
A sale of ancillary services is sourced to the customer's place of primary use.
H.
B.
No.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 26(BS\JAB) (vi) For purposes of subparagraph (v) of this paragraph (d):
1.
"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.
2.
"Call-by-call basis" means any method of charging for telecommunications services where the price is measured by individual calls.
3.
"Communications channel" means a physical or virtual path of communications over which signals are transmitted between or among customer channel termination points.
4.
"Customer" means the person or entity that contracts with the seller of telecommunications services.
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.
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.
5.
"Customer channel termination point" means the location where the customer either inputs or receives the communications.
H.
B.
No.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 27(BS\JAB) 6.
"End user" means the person who utilizes the telecommunications service.
In the case of an entity, "end user" means the individual who utilizes the service on behalf of the entity.
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.
B.
No.
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.
11.
"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.
12.
"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.
13.
"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.
14.
"Service address" means:
H.
B.
No.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 29(BS\JAB) a.
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.
b.
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.
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.
2.
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.
B.
No.
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.
3.
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.
4.
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.
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.
B.
No.
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.
(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.
(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.
Such tax shall be reported and paid directly to the Department of Revenue by the consumer.
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.
B.
No.
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.
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.
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.
B.
No.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 33(BS\JAB) corporation.
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.
A municipal corporation, for the purpose of distributing the tax under this subsection, shall mean and include all incorporated cities, towns and villages.
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 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;
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.
(b) On or before August 15, 2006, and each succeeding month thereafter through August 15, 2026, eighteen and one-half H.
B.
No.
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.
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.
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.
B.
No.
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.
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.
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.
B.
No.
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.
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.
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.
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.
B.
No.
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.
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.
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.
B.
No.
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.
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.
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.
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.
B.
No.
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.
(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.
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.
On or before August 15, 2020, and each succeeding month thereafter through July 15, 2023, six percent H.
B.
No.
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.
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.
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.
On or before September 15, 2026, and each succeeding month thereafter through August 15, 2027, fourteen percent (14%) of the total sales H.
B.
No.
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.
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.
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.
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.
B.
No.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 42(BS\JAB) Improvement District Project Fund created in Section 29-5-215.
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.
On or before September 15, 2033, and each succeeding month thereafter through August 15, 2034, twenty and thirty-two one-hundredths percent (20.32%) of the total sales tax revenue collected during the preceding month under H.
B.
No.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 43(BS\JAB) 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, 2034, and each succeeding month thereafter through August 15, 2035, twenty-one and seventy-two one-hundredths percent (21.72%) 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, 2035, and each succeeding month thereafter through August 15, 2036, twenty-three and thirty-three one-hundredths percent (23.33%) 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, 2036, and each succeeding month thereafter, twenty-five and twenty one-hundredths percent (25.20%) 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.
H.
B.
No.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 44(BS\JAB) (d) (i) Except as otherwise provided in this paragraph (d), on or before the fifteenth day of the month that the diversion authorized by this section begins, 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, 27-65-19(3) and 27-65-21, on business activities within a redevelopment project area developed under a redevelopment plan adopted under the Tax Increment Financing Act (Section 21-45-1 et seq.) shall be allocated for distribution to the county in which the project area is located if:
1.
The county:
a.
Borders on the Mississippi Sound and the State of Alabama, or b.
Is Harrison County, Mississippi, and the project area is within a radius of two (2) miles from the intersection of Interstate 10 and Menge Avenue;
2.
The county has issued bonds under Section 21-45-9 to finance all or a portion of a redevelopment project in the redevelopment project area;
3.
Any debt service for the indebtedness incurred is outstanding;
and H.
B.
No.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 45(BS\JAB) 4.
A development with a value of Ten Million Dollars ($10,000,000.00) or more is, or will be, located in the redevelopment area.
(ii) For a county that is eligible to receive funds under this paragraph (d), as determined by the Department of Revenue under this paragraph (d), from and after 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 within a redevelopment project area developed under a redevelopment plan adopted under the Tax Increment Financing Act (Section 21-45-1 et seq.) shall be allocated for distribution to the county in which the project is located, and the total amount collected under Section 27-65-17(1)(n) shall be allocated for distribution to that county as follows:
1.
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.
2.
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.
H.
B.
No.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 46(BS\JAB) 3.
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.
4.
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.
5.
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.
6.
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.
7.
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.
8.
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.
H.
B.
No.
1 *HR31/R1223PH* ~ OFFICIAL ~ 25/HR31/R1223PH PAGE 47(BS\JAB) 9.
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.
10.
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.
11.