Farm equipment grant program; create.

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To: Ways and Means
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Lamar, McMillan

COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1523

AN ACT TO PROVIDE THAT THE DEPARTMENT OF FINANCE AND 1
ADMINISTRATION SHALL ESTABLISH A PROGRAM TO MAKE GRANTS TO FARMERS 2
TO ASSIST WITH THE PURCHASE OF NEW FARM TRACTORS AND PARTS AND 3
LABOR USED TO MAINTAIN AND/OR REPAIR SUCH TRACTORS, AND NEW FARM 4
IMPLEMENTS TAXED AT THE RATE OF 1.5% UNDER SECTION 27-65-17; TO 5
PROVIDE AN APPLICATION PROCESS FOR THE PROGRAM; TO CREATE THE 6
"FARM EQUIPMENT GRANT FUND" AS A SPECIAL FUND IN THE STATE 7
TREASURY; TO PROVIDE THAT MONIES IN THE FUND SHALL BE USED BY THE 8
DEPARTMENT OF FINANCE AND ADMINISTRATION, UPON APPROPRIATION BY 9
THE LEGISLATURE, TO MAKE GRANTS UNDER THIS ACT; TO AMEND SECTION 10
27-65-75, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PORTION OF 11
THE STATE SALES TAX REVENUE COLLECTED FROM THE RETAIL SALES OF 12
FARM TRACTORS AND PARTS AND LABOR USED TO MAINTAIN AND/OR REPAIR 13
SUCH TRACTORS, AND FARM IMPLEMENTS TAXED AT THE RATE OF 1.5% UNDER 14
SECTION 27-65-17, SHALL BE DEPOSITED INTO THE FARM EQUIPMENT GRANT 15
FUND CREATED IN THIS ACT; AND FOR RELATED PURPOSES. 16
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 17
SECTION 1. (1) (a) The Department of Finance and 18
Administration (department) shall establish a grant program to 19
make grants to farmers to assist with the purchase of new farm 20
tractors and parts and labor used to maintain and/or repair such 21
tractors, and new farm implements taxed at the rate of one and 22
one-half percent (1-1/2%) under Section 27-65-17(1)(b) and (c)(i), 23
Mississippi Code of 1972. Grant funds may only be used by a grant 24
recipient to purchase such new farm tractors and parts and labor 25
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used to maintain and/or repair such tractors, and new farm 26
implements in Mississippi. A person may apply to the department 27
for a grant under this section in the manner provided for in this 28
section. 29
(b) A person desiring assistance under this section 30
must submit an application to the department. The application 31
must include: (i) documentation verifying that the applicant is a 32
farmer, which must include at least a copy of the applicant's most 33
recent federal income tax Schedule F (ii) a description of the 34
purposes for which assistance is requested, (iii) the cost of the 35
purposes for which assistance is requested, (iv) the amount of 36
assistance requested and (v) any other information required by the 37
department. 38
(c) The maximum aggregate amount grant funds that may 39
be provided to a grant recipient under this section during a 40
calendar year cannot exceed Fifty Thousand Dollars ($50,000.00). 41
In addition, a grant recipient cannot apply for or receive grant 42
funds in successive calendar years. 43
(2) There is created in the State Treasury a special fund to 44
be designated as the "Farm Equipment Grant Fund", which shall 45
consist of funds deposited therein under Section 27-65-75(25) and 46
funds from any other source designated for deposit into such fund. 47
Unexpended amounts remaining in the fund at the end of a fiscal 48
year shall not lapse into the State General Fund, and any 49
investment earnings or interest earned on amounts in the fund 50
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shall be deposited to the credit of the fund. Monies in the fund 51
shall be used by the Department of Finance and Administration, 52
upon appropriation by the Legislature, to make grants for the 53
purposes provided in this section. 54
(3) The department shall have all powers necessary to 55
implement and administer the program established under this 56
section, and the department shall promulgate rules and 57
regulations, in accordance with the Mississippi Administrative 58
Procedures Law, necessary for the implementation of this section. 59
SECTION 2. Section 27-65-75, Mississippi Code of 1972, is 60
amended as follows: 61
27-65-75. On or before the fifteenth day of each month, the 62
revenue collected under the provisions of this chapter during the 63
preceding month shall be paid and distributed as follows: 64
(1) (a) On or before August 15, 1992, and each succeeding 65
month thereafter through July 15, 1993, eighteen percent (18%) of 66
the total sales tax revenue collected during the preceding month 67
under the provisions of this chapter, except that collected under 68
the provisions of Sections 27-65-15, 27-65-19(3) and 27-65-21, on 69
business activities within a municipal corporation shall be 70
allocated for distribution to the municipality and paid to the 71
municipal corporation. Except as otherwise provided in this 72
paragraph (a), on or before August 15, 1993, and each succeeding 73
month thereafter through August 15, 2025, eighteen and one-half 74
percent (18-1/2%) of the total sales tax revenue collected during 75
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the preceding month under the provisions of this chapter, except 76
that collected under the provisions of Sections 27-65-15, 77
27-65-19(3), 27-65-21 and 27-65-24, on business activities within 78
a municipal corporation shall be allocated for distribution to the 79
municipality and paid to the municipal corporation. Except as 80
otherwise provided in this paragraph (a), on or before September 81
15, 2025, and each succeeding month thereafter, eighteen and 82
one-half percent (18.5%) of the total sales tax revenue collected 83
during the preceding month under this chapter, except that 84
collected under Sections 27-65-15, 27-65-17(1)(n), 27-65-19(3), 85
27-65-21 and 27-65-24, on business activities within a municipal 86
corporation shall be allocated for distribution and paid to the 87
municipal corporation. On or before September 15, 2025, and each 88
succeeding month thereafter, twenty-five and nine-tenths percent 89
(25.9%) of the total sales tax revenue collected during the 90
preceding month under Section 27-65-17(1)(n) on business 91
activities within a municipal corporation shall be allocated for 92
distribution and paid to the municipal corporation. However, in 93
the event the State Auditor issues a certificate of noncompliance 94
pursuant to Section 21-35-31, the department shall withhold ten 95
percent (10%) of the allocations and payments to the municipality 96
that would otherwise be payable to the municipality under this 97
paragraph (a) until such time that the department receives written 98
notice of the cancellation of a certificate of noncompliance from 99
the State Auditor. 100
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A municipal corporation, for the purpose of distributing the 101
tax under this subsection, shall mean and include all incorporated 102
cities, towns and villages. 103
Monies allocated for distribution and credited to a municipal 104
corporation under this paragraph may be pledged as security for a 105
loan if the distribution received by the municipal corporation is 106
otherwise authorized or required by law to be pledged as security 107
for such a loan. 108
In any county having a county seat that is not an 109
incorporated municipality, the distribution provided under this 110
subsection shall be made as though the county seat was an 111
incorporated municipality; however, the distribution to the 112
municipality shall be paid to the county treasury in which the 113
municipality is located, and those funds shall be used for road, 114
bridge and street construction or maintenance in the county. 115
(b) On or before August 15, 2006, and each succeeding 116
month thereafter through August 15, 2025, eighteen and one-half 117
percent (18-1/2%) of the total sales tax revenue collected during 118
the preceding month under the provisions of this chapter, except 119
that collected under the provisions of Sections 27-65-15, 120
27-65-19(3) and 27-65-21, on business activities on the campus of 121
a state institution of higher learning or community or junior 122
college whose campus is not located within the corporate limits of 123
a municipality, shall be allocated for distribution to the state 124
institution of higher learning or community or junior college and 125
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paid to the state institution of higher learning or community or 126
junior college. On or before September 15, 2025, and each 127
succeeding month thereafter, eighteen and one-half percent (18.5%) 128
of the total sales tax revenue collected during the preceding 129
month under this chapter, except that collected under Sections 130
27-65-15, 27-65-17(1)(n), 27-65-19(3) and 27-65-21, on business 131
activities on the campus of a state institution of higher learning 132
or community or junior college whose campus is not located within 133
the corporate limits of a municipality, shall be allocated for 134
distribution and paid to the state institution of higher learning 135
or community or junior college. On or before September 15, 2025, 136
and each succeeding month thereafter, twenty-five and nine-tenths 137
percent (25.9%) of the total sales tax revenue collected during 138
the preceding month under Section 27-65-17(1)(n) on business 139
activities on the campus of a state institution of higher learning 140
or community or junior college whose campus is not located within 141
the corporate limits of a municipality, shall be allocated for 142
distribution and paid to the state institution of higher learning 143
or community or junior college. 144
(c) On or before August 15, 2018, and each succeeding 145
month thereafter until August 14, 2019, two percent (2%) of the 146
total sales tax revenue collected during the preceding month under 147
the provisions of this chapter, except that collected under the 148
provisions of Sections 27-65-15, 27-65-19(3), 27-65-21 and 149
27-65-24, on business activities within the corporate limits of 150
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the City of Jackson, Mississippi, shall be deposited into the 151
Capitol Complex Improvement District Project Fund created in 152
Section 29-5-215. On or before August 15, 2019, and each 153
succeeding month thereafter until August 14, 2020, four percent 154
(4%) of the total sales tax revenue collected during the preceding 155
month under the provisions of this chapter, except that collected 156
under the provisions of Sections 27-65-15, 27-65-19(3), 27-65-21 157
and 27-65-24, on business activities within the corporate limits 158
of the City of Jackson, Mississippi, shall be deposited into the 159
Capitol Complex Improvement District Project Fund created in 160
Section 29-5-215. On or before August 15, 2020, and each 161
succeeding month thereafter through July 15, 2023, six percent 162
(6%) of the total sales tax revenue collected during the preceding 163
month under the provisions of this chapter, except that collected 164
under the provisions of Sections 27-65-15, 27-65-19(3), 27-65-21 165
and 27-65-24, on business activities within the corporate limits 166
of the City of Jackson, Mississippi, shall be deposited into the 167
Capitol Complex Improvement District Project Fund created in 168
Section 29-5-215. On or before August 15, 2023, and each 169
succeeding month thereafter through August 15, 2025, nine percent 170
(9%) of the total sales tax revenue collected during the preceding 171
month under the provisions of this chapter, except that collected 172
under the provisions of Sections 27-65-15, 27-65-19(3), 27-65-21 173
and 27-65-24, on business activities within the corporate limits 174
of the City of Jackson, Mississippi, shall be deposited into the 175
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Capitol Complex Improvement District Project Fund created in 176
Section 29-5-215. On or before September 15, 2025, and each 177
succeeding month thereafter, nine percent (9%) of the total sales 178
tax revenue collected during the preceding month under this 179
chapter, except that collected under Sections 27-65-15, 180
27-65-17(1)(n), 27-65-19(3), 27-65-21 and 27-65-24, on business 181
activities within the corporate limits of the City of Jackson, 182
Mississippi, shall be deposited into the Capitol Complex 183
Improvement District Project Fund created in Section 27-5-215. On 184
or before September 15, 2025, and each succeeding month 185
thereafter, twelve and six-tenths percent (12.6%) of the total 186
sales tax revenue collected during the preceding month under 187
Section 27-65-17(1)(n) on business activities within the corporate 188
limits of the City of Jackson, Mississippi, shall be deposited 189
into the Capitol Complex Improvement District Project Fund created 190
in Section 27-5-215. 191
(d) (i) Except as otherwise provided in this paragraph 192
(d), on or before the fifteenth day of the month that the 193
diversion authorized by this section begins, and each succeeding 194
month thereafter, eighteen and one-half percent (18-1/2%) of the 195
total sales tax revenue collected during the preceding month under 196
the provisions of this chapter, except that collected under the 197
provisions of Sections 27-65-15, 27-65-19(3) and 27-65-21, on 198
business activities within a redevelopment project area developed 199
under a redevelopment plan adopted under the Tax Increment 200
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Financing Act (Section 21-45-1 et seq.) shall be allocated for 201
distribution to the county in which the project area is located 202
if: 203
1. The county: 204
a. Borders on the Mississippi Sound and 205
the State of Alabama, or 206
b. Is Harrison County, Mississippi, and 207
the project area is within a radius of two (2) miles from the 208
intersection of Interstate 10 and Menge Avenue; 209
2. The county has issued bonds under Section 210
21-45-9 to finance all or a portion of a redevelopment project in 211
the redevelopment project area; 212
3. Any debt service for the indebtedness 213
incurred is outstanding; and 214
4. A development with a value of Ten Million 215
Dollars ($10,000,000.00) or more is, or will be, located in the 216
redevelopment area. 217
(ii) For a county that is eligible to receive 218
funds under this paragraph (d), as determined by the department 219
under this paragraph (d), from and after September 15, 2025, and 220
each succeeding month thereafter, eighteen and one-half percent 221
(18.5%) of the total sales tax revenue collected during the 222
preceding month under this chapter, except that collected under 223
Sections 27-65-15, 27-65-17(1)(n), 27-65-19(3) and 27-65-21, on 224
business activities within a redevelopment project area developed 225
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under a redevelopment plan adopted under the Tax Increment 226
Financing Act (Section 21-45-1 et seq.) shall be allocated for 227
distribution to the county in which the project is located, and 228
twenty-five and nine-tenths percent (25.9%) of the total sales tax 229
revenue collected during the preceding month under Section 230
27-65-17(1)(n) shall be allocated for distribution to that county. 231
(iii) Before any sales tax revenue may be 232
allocated for distribution to a county under this paragraph (d), 233
the county shall certify to the Department of Revenue that the 234
requirements of this paragraph (d) have been met, the amount of 235
bonded indebtedness that has been incurred by the county for the 236
redevelopment project and the expected date the indebtedness 237
incurred by the county will be satisfied. 238
(iv) The diversion of sales tax revenue authorized 239
by this paragraph (d) shall begin the month following the month in 240
which the Department of Revenue determines that the requirements 241
of this paragraph (d) have been met. The diversion shall end the 242
month the indebtedness incurred by the county is satisfied. All 243
revenue received by the county under this paragraph (d) shall be 244
deposited in the fund required to be created in the tax increment 245
financing plan under Section 21-45-11 and be utilized solely to 246
satisfy the indebtedness incurred by the county. 247
(2) On or before September 15, 1987, and each succeeding 248
month thereafter, from the revenue collected under this chapter 249
during the preceding month, One Million One Hundred Twenty-five 250
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Thousand Dollars ($1,125,000.00) shall be allocated for 251
distribution to municipal corporations as defined under subsection 252
(1) of this section in the proportion that the number of gallons 253
of gasoline and diesel fuel sold by distributors to consumers and 254
retailers in each such municipality during the preceding fiscal 255
year bears to the total gallons of gasoline and diesel fuel sold 256
by distributors to consumers and retailers in municipalities 257
statewide during the preceding fiscal year. The Department of 258
Revenue shall require all distributors of gasoline and diesel fuel 259
to report to the department monthly the total number of gallons of 260
gasoline and diesel fuel sold by them to consumers and retailers 261
in each municipality during the preceding month. The Department 262
of Revenue shall have the authority to promulgate such rules and 263
regulations as is necessary to determine the number of gallons of 264
gasoline and diesel fuel sold by distributors to consumers and 265
retailers in each municipality. In determining the percentage 266
allocation of funds under this subsection for the fiscal year 267
beginning July 1, 1987, and ending June 30, 1988, the Department 268
of Revenue may consider gallons of gasoline and diesel fuel sold 269
for a period of less than one (1) fiscal year. For the purposes 270
of this subsection, the term "fiscal year" means the fiscal year 271
beginning July 1 of a year. 272
(3) On or before September 15, 1987, and on or before the 273
fifteenth day of each succeeding month, until the date specified 274
in Section 65-39-35, the proceeds derived from contractors' taxes 275
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levied under Section 27-65-21 on contracts for the construction or 276
reconstruction of highways designated under the highway program 277
created under Section 65-3-97 shall, except as otherwise provided 278
in Section 31-17-127, be deposited into the State Treasury to the 279
credit of the State Highway Fund to be used to fund that highway 280
program. The Mississippi Department of Transportation shall 281
provide to the Department of Revenue such information as is 282
necessary to determine the amount of proceeds to be distributed 283
under this subsection. 284
(4) On or before August 15, 1994, and on or before the 285
fifteenth day of each succeeding month through July 15, 1999, from 286
the proceeds of gasoline, diesel fuel or kerosene taxes as 287
provided in Section 27-5-101(a)(ii)1, Four Million Dollars 288
($4,000,000.00) shall be deposited in the State Treasury to the 289
credit of a special fund designated as the "State Aid Road Fund," 290
created by Section 65-9-17. On or before August 15, 1999, and on 291
or before the fifteenth day of each succeeding month through 292
August 15, 2026, from the total amount of the proceeds of 293
gasoline, diesel fuel or kerosene taxes apportioned by Section 294
27-5-101(a)(ii)1, Four Million Dollars ($4,000,000.00) or an 295
amount equal to twenty-three and one-fourth percent (23-1/4%) of 296
those funds, whichever is the greater amount, shall be deposited 297
in the State Treasury to the credit of the "State Aid Road Fund," 298
created by Section 65-9-17. After August 15, 2025, from the total 299
amount of the proceeds of gasoline, diesel fuel or kerosene taxes 300
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apportioned by Section 27-5-101(a)(ii)1 and (iii), Five Million 301
Dollars ($5,000,000.00) or an amount equal to twenty-three and 302
one-fourth percent (23-1/4%) of those funds, whichever is greater, 303
shall be deposited in the State Treasury to the credit of the 304
"State Aid Road Fund" on or before September 15, 2025, and on or 305
before the fifteenth day of each succeeding month through August 306
15, 2026, and Six Million Five Hundred Thousand Dollars 307
($6,500,000.00) or an amount equal to twenty-three and one-fourth 308
percent (23-1/4%) of those funds, whichever is greater, shall be 309
deposited in the State Treasury to the credit of the "State Aid 310
Road Fund" on or before September 15, 2026, and on or before the 311
fifteenth day of each succeeding month through August 15, 2027, 312
and Eight Million Dollars ($8,000,000.00) or an amount equal to 313
twenty-three and one-fourth percent (23-1/4%) of those funds, 314
whichever is greater, shall be deposited in the State Treasury to 315
the credit of the "State Aid Road Fund" on or before September 15, 316
2027, and on or before the fifteenth day of each succeeding month. 317
From the amount of taxes paid into the special fund under this 318
subsection and subsection (9) of this section, there shall be 319
first deducted and paid the amount necessary to pay the expenses 320
of the Office of State Aid Road Construction, as authorized by the 321
Legislature for all other general and special fund agencies. The 322
remainder of the funds shall be allocated monthly to the several 323
counties in accordance with the following formula: 324
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(a) One-third (1/3) shall be allocated to all counties 325
in equal shares; 326
(b) One-third (1/3) shall be allocated to counties 327
based on the proportion that the total number of rural road miles 328
in a county bears to the total number of rural road miles in all 329
counties of the state; and 330
(c) One-third (1/3) shall be allocated to counties 331
based on the proportion that the rural population of the county 332
bears to the total rural population in all counties of the state, 333
according to the latest federal decennial census. 334
For the purposes of this subsection, the term "gasoline, 335
diesel fuel or kerosene taxes" means such taxes as defined in 336
paragraph (f) of Section 27-5-101. 337
The amount of funds allocated to any county under this 338
subsection for any fiscal year after fiscal year 1994 shall not be 339
less than the amount allocated to the county for fiscal year 1994. 340
Any reference in the general laws of this state or the 341
Mississippi Code of 1972 to Section 27-5-105 shall mean and be 342
construed to refer and apply to subsection (4) of Section 343
27-65-75. 344
(5) On or before August 15, 2024, and each succeeding month 345
thereafter, One Million Six Hundred Sixty-six Thousand Six Hundred 346
Sixty-six Dollars ($1,666,666.00) shall be paid into the special 347
fund known as the Education Enhancement Fund created and existing 348
under the provisions of Section 37-61-33. 349
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(6) An amount each month beginning August 15, 1983, through 350
November 15, 1986, as specified in Section 6, Chapter 542, Laws of 351
1983, shall be paid into the special fund known as the 352
Correctional Facilities Construction Fund created in Section 6, 353
Chapter 542, Laws of 1983. 354
(7) On or before August 15, 1992, and each succeeding month 355
thereafter through July 15, 2000, two and two hundred sixty-six 356
one-thousandths percent (2.266%) of the total sales tax revenue 357
collected during the preceding month under the provisions of this 358
chapter, except that collected under the provisions of Section 359
27-65-17(2), shall be deposited by the department into the School 360
Ad Valorem Tax Reduction Fund created under Section 37-61-35. On 361
or before August 15, 2000, and each succeeding month thereafter 362
through August 15, 2025, two and two hundred sixty-six 363
one-thousandths percent (2.266%) of the total sales tax revenue 364
collected during the preceding month under the provisions of this 365
chapter, except that collected under the provisions of Section 366
27-65-17(2), shall be deposited into the School Ad Valorem Tax 367
Reduction Fund created under Section 37-61-35 until such time that 368
the total amount deposited into the fund during a fiscal year 369
equals Forty-two Million Dollars ($42,000,000.00). Thereafter, 370
the amounts diverted under this subsection (7) during the fiscal 371
year in excess of Forty-two Million Dollars ($42,000,000.00) shall 372
be deposited into the Education Enhancement Fund created under 373
Section 37-61-33 for appropriation by the Legislature as other 374
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education needs and shall not be subject to the percentage 375
appropriation requirements set forth in Section 37-61-33. On or 376
before September 15, 2025, and each succeeding month thereafter, 377
two and two hundred sixty-six one-thousandths percent (2.266%) of 378
the total sales tax revenue collected during the preceding month 379
under this chapter, except that collected under Section 380
27-65-17(1)(n) and (2), and three and seventeen one-hundredths 381
percent (3.17%) of the total sales tax revenue collected during 382
the preceding month under Section 27-65-17(1)(n), shall be 383
deposited into the School Ad Valorem Tax Reduction Fund created 384
under Section 37-61-35 until such time that the total amount 385
deposited into the fund during a fiscal year equals Forty-two 386
Million Dollars ($42,000,000.00). Thereafter, the amounts 387
diverted under this subsection (7) during the fiscal year in 388
excess of Forty-two Million Dollars ($42,000,000.00) shall be 389
deposited into the Education Enhancement Fund created under 390
Section 37-61-33 for appropriation by the Legislature as other 391
education needs and shall not be subject to the percentage 392
appropriation requirements set forth in Section 37-61-33. 393
(8) On or before August 15, 1992, and each succeeding month 394
thereafter through August 15, 2025, nine and seventy-three 395
one-thousandths percent (9.073%) of the total sales tax revenue 396
collected during the preceding month under the provisions of this 397
chapter, except that collected under the provisions of Section 398
27-65-17(2), shall be deposited into the Education Enhancement 399
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Fund created under Section 37-61-33. On or before September 15, 400
2025, and each succeeding month thereafter, nine and seventy-three 401
one-thousandths percent (9.073%) of the total sales tax revenue 402
collected during the preceding month under this chapter, except 403
that collected under Section 27-65-17(1)(n) and (2), and twelve 404
and seven-tenths percent (12.7%) of the total sales tax revenue 405
collected during the preceding month under Section 27-65-17(1)(n), 406
shall be deposited into the Education Enhancement Fund created 407
under Section 37-61-33. 408
(9) On or before August 15, 1994, and each succeeding month 409
thereafter, from the revenue collected under this chapter during 410
the preceding month, Two Hundred Fifty Thousand Dollars 411
($250,000.00) shall be paid into the State Aid Road Fund. 412
(10) On or before August 15, 1994, and each succeeding month 413
thereafter through August 15, 1995, from the revenue collected 414
under this chapter during the preceding month, Two Million Dollars 415
($2,000,000.00) shall be deposited into the Motor Vehicle Ad 416
Valorem Tax Reduction Fund established in Section 27-51-105. 417
(11) Notwithstanding any other provision of this section to 418
the contrary, on or before February 15, 1995, and each succeeding 419
month thereafter, the sales tax revenue collected during the 420
preceding month under the provisions of Section 27-65-17(2) and 421
the corresponding levy in Section 27-65-23 on the rental or lease 422
of private carriers of passengers and light carriers of property 423
as defined in Section 27-51-101 shall be deposited, without 424
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diversion, into the Motor Vehicle Ad Valorem Tax Reduction Fund 425
established in Section 27-51-105. 426
(12) Notwithstanding any other provision of this section to 427
the contrary, on or before August 15, 1995, and each succeeding 428
month thereafter, the sales tax revenue collected during the 429
preceding month under the provisions of Section 27-65-17(1) on 430
retail sales of private carriers of passengers and light carriers 431
of property, as defined in Section 27-51-101 and the corresponding 432
levy in Section 27-65-23 on the rental or lease of these vehicles, 433
shall be deposited, after diversion, into the Motor Vehicle Ad 434
Valorem Tax Reduction Fund established in Section 27-51-105. 435
(13) On or before July 15, 1994, and on or before the 436
fifteenth day of each succeeding month thereafter, that portion of 437
the avails of the tax imposed in Section 27-65-22 that is derived 438
from activities held on the Mississippi State Fairgrounds Complex 439
shall be paid into a special fund that is created in the State 440
Treasury and shall be expended upon legislative appropriation 441
solely to defray the costs of repairs and renovation at the Trade 442
Mart and Coliseum. 443
(14) On or before August 15, 1998, and each succeeding month 444
thereafter through July 15, 2005, that portion of the avails of 445
the tax imposed in Section 27-65-23 that is derived from sales by 446
cotton compresses or cotton warehouses and that would otherwise be 447
paid into the General Fund shall be deposited in an amount not to 448
exceed Two Million Dollars ($2,000,000.00) into the special fund 449
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created under Section 69-37-39. On or before August 15, 2007, and 450
each succeeding month thereafter through July 15, 2010, that 451
portion of the avails of the tax imposed in Section 27-65-23 that 452
is derived from sales by cotton compresses or cotton warehouses 453
and that would otherwise be paid into the General Fund shall be 454
deposited in an amount not to exceed Two Million Dollars 455
($2,000,000.00) into the special fund created under Section 456
69-37-39 until all debts or other obligations incurred by the 457
Certified Cotton Growers Organization under the Mississippi Boll 458
Weevil Management Act before January 1, 2007, are satisfied in 459
full. On or before August 15, 2010, and each succeeding month 460
thereafter through July 15, 2011, fifty percent (50%) of that 461
portion of the avails of the tax imposed in Section 27-65-23 that 462
is derived from sales by cotton compresses or cotton warehouses 463
and that would otherwise be paid into the General Fund shall be 464
deposited into the special fund created under Section 69-37-39 465
until such time that the total amount deposited into the fund 466
during a fiscal year equals One Million Dollars ($1,000,000.00). 467
On or before August 15, 2011, and each succeeding month 468
thereafter, that portion of the avails of the tax imposed in 469
Section 27-65-23 that is derived from sales by cotton compresses 470
or cotton warehouses and that would otherwise be paid into the 471
General Fund shall be deposited into the special fund created 472
under Section 69-37-39 until such time that the total amount 473
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deposited into the fund during a fiscal year equals One Million 474
Dollars ($1,000,000.00). 475
(15) Notwithstanding any other provision of this section to 476
the contrary, on or before September 15, 2000, and each succeeding 477
month thereafter, the sales tax revenue collected during the 478
preceding month under the provisions of Section 479
27-65-19(1)(d)(i)2, and 27-65-19(1)(d)(i)3 shall be deposited, 480
without diversion, into the Telecommunications Ad Valorem Tax 481
Reduction Fund established in Section 27-38-7. 482
(16) (a) On or before August 15, 2000, and each succeeding 483
month thereafter, the sales tax revenue collected during the 484
preceding month under the provisions of this chapter on the gross 485
proceeds of sales of a project as defined in Section 57-30-1 shall 486
be deposited, after all diversions except the diversion provided 487
for in subsection (1) of this section, into the Sales Tax 488
Incentive Fund created in Section 57-30-3. 489
(b) On or before August 15, 2007, and each succeeding 490
month thereafter, eighty percent (80%) of the sales tax revenue 491
collected during the preceding month under the provisions of this 492
chapter from the operation of a tourism project under the 493
provisions of Sections 57-26-1 through 57-26-5, shall be 494
deposited, after the diversions required in subsections (7) and 495
(8) of this section, into the Tourism Project Sales Tax Incentive 496
Fund created in Section 57-26-3. 497
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(17) Notwithstanding any other provision of this section to 498
the contrary, on or before April 15, 2002, and each succeeding 499
month thereafter, the sales tax revenue collected during the 500
preceding month under Section 27-65-23 on sales of parking 501
services of parking garages and lots at airports shall be 502
deposited, without diversion, into the special fund created under 503
Section 27-5-101(d). 504
(18) [Repealed] 505
(19) (a) On or before August 15, 2005, and each succeeding 506
month thereafter, the sales tax revenue collected during the 507
preceding month under the provisions of this chapter on the gross 508
proceeds of sales of a business enterprise located within a 509
redevelopment project area under the provisions of Sections 510
57-91-1 through 57-91-11, and the revenue collected on the gross 511
proceeds of sales from sales made to a business enterprise located 512
in a redevelopment project area under the provisions of Sections 513
57-91-1 through 57-91-11 (provided that such sales made to a 514
business enterprise are made on the premises of the business 515
enterprise), shall, except as otherwise provided in this 516
subsection (19), be deposited, after all diversions, into the 517
Redevelopment Project Incentive Fund as created in Section 518
57-91-9. 519
(b) For a municipality participating in the Economic 520
Redevelopment Act created in Sections 57-91-1 through 57-91-11, 521
the diversion provided for in subsection (1) of this section 522
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attributable to the gross proceeds of sales of a business 523
enterprise located within a redevelopment project area under the 524
provisions of Sections 57-91-1 through 57-91-11, and attributable 525
to the gross proceeds of sales from sales made to a business 526
enterprise located in a redevelopment project area under the 527
provisions of Sections 57-91-1 through 57-91-11 (provided that 528
such sales made to a business enterprise are made on the premises 529
of the business enterprise), shall be deposited into the 530
Redevelopment Project Incentive Fund as created in Section 531
57-91-9, as follows: 532
(i) For the first six (6) years in which payments 533
are made to a developer from the Redevelopment Project Incentive 534
Fund, one hundred percent (100%) of the diversion shall be 535
deposited into the fund; 536
(ii) For the seventh year in which such payments 537
are made to a developer from the Redevelopment Project Incentive 538
Fund, eighty percent (80%) of the diversion shall be deposited 539
into the fund; 540
(iii) For the eighth year in which such payments 541
are made to a developer from the Redevelopment Project Incentive 542
Fund, seventy percent (70%) of the diversion shall be deposited 543
into the fund; 544
(iv) For the ninth year in which such payments are 545
made to a developer from the Redevelopment Project Incentive Fund, 546
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sixty percent (60%) of the diversion shall be deposited into the 547
fund; and 548
(v) For the tenth year in which such payments are 549
made to a developer from the Redevelopment Project Incentive Fund, 550
fifty percent (50%) of the funds shall be deposited into the fund. 551
(20) On or before January 15, 2007, and each succeeding 552
month thereafter, eighty percent (80%) of the sales tax revenue 553
collected during the preceding month under the provisions of this 554
chapter from the operation of a tourism project under the 555
provisions of Sections 57-28-1 through 57-28-5 shall be deposited, 556
after the diversions required in subsections (7) and (8) of this 557
section, into the Tourism Sales Tax Incentive Fund created in 558
Section 57-28-3. 559
(21) (a) On or before April 15, 2007, and each succeeding 560
month thereafter through June 15, 2013, One Hundred Fifty Thousand 561
Dollars ($150,000.00) of the sales tax revenue collected during 562
the preceding month under the provisions of this chapter shall be 563
deposited into the MMEIA Tax Incentive Fund created in Section 564
57-101-3. 565
(b) On or before July 15, 2013, and each succeeding 566
month thereafter, One Hundred Fifty Thousand Dollars ($150,000.00) 567
of the sales tax revenue collected during the preceding month 568
under the provisions of this chapter shall be deposited into the 569
Mississippi Development Authority Job Training Grant Fund created 570
in Section 57-1-451. 571
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(22) On or before June 1, 2024, and each succeeding month 572
thereafter until December 31, 2057, an amount determined annually 573
by the Mississippi Development Authority of the sales tax revenue 574
collected during the preceding month under the provisions of this 575
chapter shall be deposited into the MMEIA Tax Incentive Fund 576
created in Section 57-125-3. This amount shall be based on 577
estimated payments due within the upcoming year to construction 578
contractors pursuant to construction contracts subject to the tax 579
imposed by Section 27-65-21 for construction to be performed on 580
the project site of a project defined under Section 581
57-75-5(f)(xxxiii) for the coming year. 582
(23) Notwithstanding any other provision of this section to 583
the contrary, on or before August 15, 2009, and each succeeding 584
month thereafter, the sales tax revenue collected during the 585
preceding month under the provisions of Section 27-65-201 shall be 586
deposited, without diversion, into the Motor Vehicle Ad Valorem 587
Tax Reduction Fund established in Section 27-51-105. 588
(24) (a) On or before August 15, 2019, and each month 589
thereafter through July 15, 2020, one percent (1%) of the total 590
sales tax revenue collected during the preceding month from 591
restaurants and hotels shall be allocated for distribution to the 592
Mississippi Development Authority Tourism Advertising Fund 593
established under Section 57-1-64, to be used exclusively for the 594
purpose stated therein. On or before August 15, 2020, and each 595
month thereafter through July 15, 2021, two percent (2%) of the 596
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total sales tax revenue collected during the preceding month from 597
restaurants and hotels shall be allocated for distribution to the 598
Mississippi Development Authority Tourism Advertising Fund 599
established under Section 57-1-64, to be used exclusively for the 600
purpose stated therein. On or before August 15, 2021, and each 601
month thereafter, three percent (3%) of the total sales tax 602
revenue collected during the preceding month from restaurants and 603
hotels shall be allocated for distribution to the Mississippi 604
Development Authority Tourism Advertising Fund established under 605
Section 57-1-64, to be used exclusively for the purpose stated 606
therein. The revenue diverted pursuant to this subsection shall 607
not be available for expenditure until February 1, 2020. 608
(b) The Joint Legislative Committee on Performance 609
Evaluation and Expenditure Review (PEER) must provide an annual 610
report to the Legislature indicating the amount of funds deposited 611
into the Mississippi Development Authority Tourism Advertising 612
Fund established under Section 57-1-64, and a detailed record of 613
how the funds are spent. 614
(25) On or before September 15, 2026, and each succeeding 615
month thereafter, fifty percent (50%) of the total sales tax 616
revenue collected during the preceding month under Section 617
27-65-17(1)(b) and (c)(i) on retail sales of farm tractors and 618
parts and labor used to maintain and/or repair such tractors, and 619
retail sales of farm implements shall be deposited, after 620
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diversion, into the Farm Equipment Grant Fund created in Section 1 621
of this act. 622
( * * *26) The remainder of the amounts collected under the 623
provisions of this chapter shall be paid into the State Treasury 624
to the credit of the General Fund. 625
( * * *27) (a) It shall be the duty of the municipal 626
officials of any municipality that expands its limits, or of any 627
community that incorporates as a municipality, to notify the 628
commissioner of that action thirty (30) days before the effective 629
date. Failure to so notify the commissioner shall cause the 630
municipality to forfeit the revenue that it would have been 631
entitled to receive during this period of time when the 632
commissioner had no knowledge of the action. 633
(b) (i) Except as otherwise provided in subparagraph 634
(ii) of this paragraph, if any funds have been erroneously 635
disbursed to any municipality or any overpayment of tax is 636
recovered by the taxpayer, the commissioner may make correction 637
and adjust the error or overpayment with the municipality by 638
withholding the necessary funds from any later payment to be made 639
to the municipality. 640
(ii) Subject to the provisions of Sections 641
27-65-51 and 27-65-53, if any funds have been erroneously 642
disbursed to a municipality under subsection (1) of this section 643
for a period of three (3) years or more, the maximum amount that 644
may be recovered or withheld from the municipality is the total 645
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ST: Farm equipment grant program; create.
amount of funds erroneously disbursed for a period of three (3) 646
years beginning with the date of the first erroneous disbursement. 647
However, if during such period, a municipality provides written 648
notice to the Department of Revenue indicating the erroneous 649
disbursement of funds, then the maximum amount that may be 650
recovered or withheld from the municipality is the total amount of 651
funds erroneously disbursed for a period of one (1) year beginning 652
with the date of the first erroneous disbursement. 653
SECTION 3. This act shall take effect and be in force from 654
and after July 1, 2026. 655