Mobile sports betting; include tidelands and child support.

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To: Gaming
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Eure

HOUSE BILL NO. 1581
(As Passed the House)

AN ACT TO CREATE THE MISSISSIPPI MOBILE SPORTS WAGERING ACT; 1
TO PROVIDE DEFINITIONS FOR THE ACT; TO PROVIDE THAT "ONLINE RACE 2
BOOK" AND "ONLINE SPORTS POOL" BETTING SHALL BE LEGAL IN THIS 3
STATE; TO REQUIRE A PLATFORM THAT OPERATES AN ONLINE SPORTS POOL 4
OR ONLINE RACE BOOK TO A MANUFACTURER'S AND DISTRIBUTOR'S LICENSE; 5
TO AUTHORIZE LICENSED GAMING ESTABLISHMENTS TO CONTRACT WITH NO 6
MORE THAN ONE PLATFORM; TO PROVIDE THAT A PLATFORM SHALL ONLY 7
ACCEPT WAGERS FROM PLAYERS LOCATED IN MISSISSIPPI; TO REQUIRE THE 8
PLATFORM CONTRACT FOR GEOFENCING AND AGE VERIFICATION; TO PROHIBIT 9
PLAY BY ANY PERSON UNDER THE AGE OF 21; TO AMEND SECTIONS 10
97-33-17, 75-76-5 AND 75-76-33, MISSISSIPPI CODE OF 1972, TO 11
CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 75-76-89, 12
MISSISSIPPI CODE OF 1972, TO CLARIFY THE INCLUSION OF ONLINE RACE 13
BOOK AND SPORTS BOOK FOR GAMING LICENSING; TO AMEND SECTION 14
75-76-91, MISSISSIPPI CODE OF 1972, TO REQUIRE THE LICENSED GAMING 15
ESTABLISHMENT TO DISPLAY THE LICENSE OF THE PLATFORM IT IS 16
CONTRACTED WITH; TO AMEND SECTION 75-76-203, MISSISSIPPI CODE OF 17
1972, TO PROVIDE AN EXCEPTION FOR AN OFFICE IN THIS STATE FOR 18
PLATFORMS; TO BRING FORWARD SECTIONS 75-76-211, 75-76-55, 19
75-76-205 AND 75-76-175, MISSISSIPPI CODE OF 1972, WHICH REGULATE 20
CORPORATE GAMING ESTABLISHMENTS, FOR PURPOSES OF AMENDMENT; TO 21
AMEND SECTIONS 75-76-177, 75-76-101 AND 97-33-27, MISSISSIPPI CODE 22
OF 1972, TO CLARIFY CERTAIN PROVISIONS; TO BRING FORWARD SECTIONS 23
97-33-305 AND 97-33-8, MISSISSIPPI CODE OF 1972, WHICH REGULATE 24
GAMING ESTABLISHMENTS, FOR PURPOSES OF AMENDMENT; TO AMEND 25
SECTIONS 97-33-25, 75-76-129 AND 75-76-79, MISSISSIPPI CODE OF 26
1972, TO CLARIFY THE PROVISIONS FOR GAMING; TO BRING FORWARD 27
SECTIONS 97-33-1 AND 97-33-7, WHICH RESTRICT CERTAIN TYPES OF 28
WAGERS, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTIONS 29
7-11-11, 29-1-107, 29-15-1, 29-15-3, 29-15-5, 29-15-9, 29-15-10, 30
29-15-13 AND 59-7-405, MISSISSIPPI CODE OF 1972, WHICH REGULATE 31
THE AUTHORITY OF THE SECRETARY OF STATE REGARDING TIDELANDS, FOR 32
PURPOSES OF AMENDMENT; TO AMEND SECTIONS 59-15-1, 75-76-67, 33
87-1-5, 97-33-25 AND 97-33-27, MISSISSIPPI CODE OF 1972, WHICH ARE 34
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RELATED TO THE POWERS OF THE GAMING COMMISSION, FOR INTERNAL 35
STATUTORY UPDATES; TO AMEND SECTION 43-19-31, MISSISSIPPI CODE OF 36
1972, TO REQUIRE THE MISSISSIPPI GAMING COMMISSION TO COLLABORATE 37
WITH THE DEPARTMENT OF HUMAN SERVICES TO ESTABLISH RULES TO 38
WITHHOLD GAMING WINNINGS OF PERSONS WITH OUTSTANDING CHILD SUPPORT 39
ARREARAGES; TO CREATE NEW SECTION 43-19-63, MISSISSIPPI CODE OF 40
1972, TO CREATE A PROCEDURE TO ENCUMBER GAMING WINNINGS FOR THE 41
PAYMENT OF CHILD SUPPORT; TO AMEND SECTIONS 75-76-33 AND 93-11-71, 42
MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; 43
AND FOR RELATED PURPOSES. 44
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 45
SECTION 1. This act shall be known and may be cited as the 46
"Mississippi Mobile Sports Wagering Act". 47
SECTION 2. The following terms shall have the meanings 48
ascribed herein: 49
(a) "Commission" means the Mississippi Gaming 50
Commission as defined in Section 75-76-7. 51
(b) "Executive director" means the Executive Director 52
of the Mississippi Gaming Commission as defined in Section 53
75-76-7. 54
(c) "Game", "Gaming" or "Gambling game" means to deal, 55
operate, carry on, conduct, maintain or expose for play any game 56
as defined in Section 75-76-5. 57
(d) "Gaming license" means any license issued by the 58
state which authorizes the person named therein to engage in 59
gaming as defined in Section 75-76-5. 60
(e) "Gross revenue" means the same as defined in 61
Section 75-76-5. 62
(f) "Interactive gaming" means wagering on any 63
interactive game. 64
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(g) "Interactive game" means computerized or virtual 65
versions of any game as defined in Section 75-76-5 or any other 66
game of chance or digital simulation thereof, including, but not 67
limited to, casino themed slot machines or gaming devices, table 68
games or other such games as approved by the commission for play 69
in a licensed establishment. 70
(h) "Internet" means the term as defined in Section 230 71
of Title II of the Communications Act of 1934, Chapter 652, 110 72
Stat. 137, 47 USCS 230. 73
(i) "Licensed gaming establishment" means any premises 74
licensed by the commission as defined in Section 75-76-5. 75
(j) "Manufacturer's", "seller's", or "distributor's" 76
license means a license issued pursuant to Section 75-76-79 as 77
defined in Section 75-76-5. 78
(k) "Online race book" means a race book as defined by 79
Section 75-76-5 in which wagers are made over the Internet, 80
including on websites, personal computers, mobile phones, or other 81
interactive devices used by an individual to place a race book 82
wager from any location in Mississippi, and accepted by a platform 83
on behalf of the holder of a Mississippi gaming license. 84
(l) "Online sports pool" means a sports pool as defined 85
by Section 75-76-5 in which wagers are made over the Internet, 86
including on websites, personal computers, mobile phones, or other 87
interactive devices used by an individual to place a sports pool 88
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wager from any location in Mississippi, and accepted by a platform 89
on behalf of the holder of a Mississippi gaming license. 90
(m) "Platform" means a person or entity that operates 91
an online sports pool, online race book, or both on behalf of the 92
holder of a gaming license. 93
(n) "Race book" means the business of accepting wagers 94
upon the outcome of any event held at a track which uses the 95
pari-mutuel system of wagering as defined in Section 75-76-5. 96
(o) "Sporting event" means any amateur sport or 97
athletic event, professional sport or athletic event, collegiate 98
sport or athletic event, motor race event, electronic sports 99
event, competitive video game event, or any other event authorized 100
by the Mississippi Gaming Control Act or the commission for 101
wagering under this act. 102
(p) "Sports pool" means the same as the term is defined 103
in Section 75-76-5 and includes the business of accepting wagers 104
on sporting events by any system of wagering including, but not 105
limited to, single-game bets, teaser bets, parlays, over-under, 106
moneyline, pools, exchange-wagering, in-game wagering, in-play 107
bets, proposition bets, and straight bets. The term does not 108
include fantasy contests as defined in Section 97-33-303. 109
SECTION 3. (1) Online sports pools and online race books 110
shall be legal in the State of Mississippi as provided by this 111
act. The provisions of this act shall not be construed to 112
authorize or legalize interactive gaming in the State of 113
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Mississippi rather all forms of interactive gaming are expressly 114
prohibited and are illegal in the State of Mississippi, punishable 115
pursuant to the provisions of Section 97-33-1 and other applicable 116
laws. Further, if any person or platform is found by the 117
commission to have engaged in any form of illegal gaming, 118
including, but not limited to, any form of interactive gaming, 119
then such person and platform will be subject to action by the 120
Mississippi Gaming Commission in accordance with Section 75-76-67. 121
These restrictions will be applied whether the platform or person 122
is found to have engaged in such illegal activity in Mississippi 123
or in any other jurisdiction. 124
(2) (a) A platform that operates an online sports pool, 125
online race book, or both on behalf of the holder of a gaming 126
license in this state must obtain a manufacturer's and 127
distributor's license from the commission in order to offer such 128
services, and such license will be conditioned upon platform 129
abiding by all laws and regulations governing such activities. A 130
platform that already possesses a manufacturer's and distributor's 131
license in the state shall be permitted to operate under the 132
existing license subject to any technical approvals required by 133
the commission to operate an online sports pool, online race book, 134
or both. 135
(b) The licensed gaming establishment, including a 136
platform that operates an online sports pool, online race book or 137
both on behalf of the holder of a gaming licensee, shall report 138
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all gaming revenue and pay all taxes for such revenue as provided 139
by state law. 140
(3) A platform that operates an online sports pool, online 141
race book, or both on behalf of the holder of a gaming license in 142
this state shall be lawfully conducting business in this state in 143
order to comply with the provisions of this act. 144
(4) Application for licensure shall be made to the executive 145
director on forms furnished by the executive director and in 146
accordance with the commission's regulations regarding 147
manufacturer's and distributor's licenses. 148
No platform will be issued a gaming license, rather it shall 149
be required to contract with a licensed casino operator in order 150
to conduct online sports pool or online race book activities in 151
Mississippi. The commission shall only issue a gaming license to 152
a legal gaming establishment located on a premises in a county 153
where gaming may be conducted in accordance with Mississippi law 154
that is operating a casino in a county that has not prohibited 155
gaming by a referendum vote of registered voters pursuant to 156
Section 19-3-79. Should a gaming license expire, be revoked or be 157
suspended, then all such online activities associated with that 158
gaming license will cease until such time that the commission 159
renews the license or issues an order allowing the gaming licensee 160
to recommence its gaming operations. 161
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(5) The contractual terms between a licensed gaming operator 162
and the licensed platform shall be consistent with Mississippi 163
law, including, but not limited to, the terms of this Act. 164
(6) The commission shall, from time to time, adopt, amend or 165
repeal such regulations, consistent with the policy, objects and 166
purposes of this chapter, as it may deem necessary or desirable in 167
the public interest in carrying out the policy and provisions of 168
this chapter. The commission shall comply with the Mississippi 169
Administrative Procedures Law when adopting, amending or repealing 170
any regulations authorized under this section or under any other 171
provision of this chapter. 172
(7) The Commission shall promulgate rules and regulations 173
that require a licensee to implement responsible sport betting 174
programs. Such rules and regulations shall require a licensee to 175
develop a strategic implementation plan with details as to: 176
(a) The use of player data and technology to aid in 177
identifying potential problem gamblers; 178
(b) The use of automated triggers to identify and 179
manage accounts or potential problem gamblers; and 180
(c) The levels of intervention and education 181
provided to identify at-risk players, which shall include at a 182
minimum: 183
(i) A first phase involving communications 184
with the individual in order to educate him or her on the 185
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availability of various responsible gaming features and resources 186
offered by the licensee; 187
(ii) A second phase that includes a video 188
tutorial displayed to the individual either as one or multiple 189
videos that provides education on the features and resources 190
available; and 191
(iii) A third phase, when warranted, that includes 192
access to a list of responsible gaming professionals provided by 193
the licensee to advise the individual on possible corrective 194
actions to address at-risk behavior. 195
(8) The commission shall establish, via administrative order 196
or regulation, a universal start date for all licensed online 197
sports pool platforms and all licensed online race book platforms 198
to commence accepting online wagers outside of a licensed gaming 199
premises. This universal start date shall be no later than 200
December 8, 2026. 201
SECTION 4. (1) Each licensed establishment may enter into 202
contracts with no more than two (2) platforms to operate an online 203
sports pool and no more than two (2) online race book platforms to 204
operate online race book. Each platform may, but is not required 205
to, offer both an online sports pool and an online race book. No 206
platform, individually or collectively with any other platform or 207
other party, shall take any action that would restrict or limit a 208
single casino license holder, or a group of casino license 209
holders, from offering online sports pool or online race book 210
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services to customers. The commission shall maintain a list of 211
licensed platforms to be made available to licensed casino 212
operators. If a platform receives a request from a licensed 213
casino operator to discuss business terms related to providing 214
online sports pool or online race book services to its customers, 215
then the platform will engage in good-faith discussions with the 216
licensed casino operator. The platform will be subject to 217
Sections 75-76-157 through 75-76-173 and subject to regulations 218
authorized under this act, as well as the Mississippi Gaming 219
Control Act, which may require a platform to appear before the 220
commission or in a court proceeding to respond to any player 221
dispute or an order to show cause issued by the commission. 222
Notwithstanding any provision of law to the contrary, a platform 223
may, on behalf of its gaming license holder, determine whether to 224
accept or reject wagers, determine the results of wagers, and 225
payout winning wagers. 226
(2) A platform, on behalf of the holder of a gaming license 227
in this state, may accept online sports pool and online race book 228
wagers placed over the Internet, including on websites and the use 229
of a personal computer, mobile phone, or other interactive device 230
used by an individual to place a sports pool or race book wager, 231
subject to the following: 232
(a) All players shall establish a wagering account and 233
an initial identification and age verification shall be conducted 234
before any wager by the player may be accepted by the platform. A 235
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player may establish a wagering account with a platform in person 236
at a licensed establishment or over the Internet, including on 237
websites and mobile or interactive devices. 238
(b) A platform, on behalf of the holder of a gaming 239
license in this state, shall accept wagers only from players 240
located in Mississippi. A platform shall maintain geofencing or 241
geolocating services and pay all costs and responsibilities 242
related to such services required by the commission. Servers, 243
including the use of backup servers, may be located outside of 244
this state, consistent with federal law. To the extent required 245
by federal law, a platform shall maintain in this state the 246
servers it uses to accept wagers on an online sports pool or 247
online race book placed by bettors located in this state. A 248
platform shall comply with all identification verification 249
requirements and will take other commercially reasonable steps to 250
prevent compulsive and problem gaming and to ensure that no person 251
who is restricted or who is ineligible to participate in online 252
gaming is able to use the platform to place bets or wagers on 253
events. 254
(c) A platform shall take commercially reasonable steps 255
to prevent any person who is self-excluded from entering a gaming 256
property in Mississippi from opening an online wagering account. 257
The Mississippi Gaming Commission shall maintain this list of 258
individuals and provide it to platforms on a regular basis. 259
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(d) A platform, in addition, shall take commercially 260
reasonable steps to ensure that any person who is a player, a 261
coach, umpire, or referee or who is otherwise associated with a 262
collegiate team or a professional team or an athletic event, are 263
prohibited from wagering on sporting events for which they are 264
affiliated. The Mississippi Gaming Commission shall maintain this 265
list of individuals and provide it to platforms on a regular 266
basis. 267
The platform should further alert customers that violating 268
this restriction or aiding any person who is a minor, a 269
self-excluded person or any other person who is otherwise 270
restricted from wagering online to circumvent such restrictions 271
(either intentionally or in failing to use reasonable steps to 272
properly secure a device), shall be disqualified from 273
participating in any form or online gaming thereafter. 274
(e) A person under the age of twenty-one (21) years 275
shall not play, be allowed to play, place wagers, or collect 276
winnings, whether personally or through an agent, from any online 277
sports pool or online race book authorized under this chapter. 278
(f) A platform shall comply with all identification 279
verification and compulsive and problem gambling protections set 280
forth in law or rule. 281
(3) Subject to the regulations of the commission, a platform 282
shall report to the commission: 283
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(a) Any criminal proceeding commenced against the 284
platform or its employees in connection with the platform's 285
operations in Mississippi. 286
(b) Any abnormal betting activity or patterns that may 287
indicate a concern about the integrity of a sporting event or 288
athletic event. 289
(c) Any other conduct indicating corruption of the 290
betting outcome of a sporting event or athletic event for 291
financial gain, including, but not limited to, match fixing as 292
well as any restricted person wagering on an event in which they 293
are participating or otherwise affiliated. 294
(d) Suspicious or illegal wagering activities, 295
including the use of funds derived from illegal activity, wagers 296
to conceal or launder funds derived from illegal activity, use of 297
agents to place wagers, or use of false identification. In such a 298
case where information reported from paragraphs (a) through (d), 299
the platform shall work together with the licensed casino operator 300
and the commission to investigate such matters and to ensure that 301
the accounts affected by or associated with such circumstances are 302
suspended at least until such time that the commission is able to 303
fully investigate the matters and determine the appropriate 304
enforcement action. 305
(4) A dispute over winnings with respect to an online race 306
book or online sports pool shall be resolved under the procedures 307
set forth in Sections 75-76-157 through 75-76-173. 308
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SECTION 5. Gross revenue from a platform operating an online 309
race book or an online sports pool on behalf of the holder of a 310
gaming license shall be subject to the license fees and credits 311
under Sections 75-76-177, 75-76-179, 75-76-181 and 75-76-185. 312
SECTION 6. (1) There is created the "Mobile Sports Wagering 313
Tax Fund", which shall consist of taxes and fees generated and 314
collected under the Mobile Sports Wagering Act. The Department of 315
Revenue shall be custodian of the fund. Any interest and monies 316
earned on such investments shall be credited to the fund. The 317
fund shall be a dedicated fund and shall be distributed as 318
follows: 319
(a) (i) Until June 30, 2030, the first Six Million 320
Dollars ($6,000,000.00) deposited to the Mobile Sports Wagering 321
Tax Fund each year shall be transferred into the Retail Sports 322
Wagering Protection Fund, which is created in subsection (2) of 323
this section. At the end of each calendar year, any licensed 324
gaming establishment without a platform whose total annual sports 325
wagering revenue is below the total annual retail sports wagering 326
revenue the same licensed gaming establishment without a platform 327
received in 2026 may apply for a portion of the funds in the 328
Retail Sports Wagering Protection Fund. The commission shall 329
allocate funds in the Retail Sports Wagering Protection Fund 330
proportionately among eligible applicants, but in no case shall a 331
licensed gaming establishment without a platform receive more 332
funds than the amount of the difference between its current year 333
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retail sports wagering revenue and 2026 sports wagering revenue. 334
Any funds remaining in the Retail Sports Wagering Protection Fund 335
after this distribution shall be returned to the Mobile Sports 336
Wagering Tax fund for distribution in compliance with subparagraph 337
(ii). 338
(ii) Until June 30, 2030, subject to the 339
provisions of subsection (3) of this section, the remainder of 340
funds in the Mobile Sports Wagering Tax Fund shall be paid on or 341
before the last day of each month by the Department of Revenue to 342
the State Treasurer to be deposited in the Employers' Accumulation 343
Account of the Public Employees' Retirement System created in 344
Section 25-11-123(c). 345
(b) From and after July 1, 2030, subject to the 346
provisions of subsection (3) of this section, all monies which 347
shall consist of taxes and fees generated and collected under the 348
Mobile Sports Wagering Act and deposited to the Mobile Sports 349
Wagering Tax Fund shall be paid on or before the last day of each 350
month by the Department of Revenue to the State Treasurer to be 351
deposited in the Employers' Accumulation Account of the Public 352
Employees' Retirement System created in Section 25-11-123(c). 353
(2) There is created the "Retail Sports Wagering Protection 354
Fund", which shall consist of taxes and fees transferred from the 355
Mobile Sports Wagering Tax Fund as described in subsection (1)(a) 356
(i) of this section. 357
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(3) The provisions of subsection (1)(a)(ii) and subsection 358
(1)(b) of this section shall be applicable only during such time 359
as the assumed rate of return on investments for the assets of the 360
Public Employees' Retirement System is equal to or greater than 361
the actuarial assumed rate of return on investments for the assets 362
of the system on January 1, 2020. 363
SECTION 7. Section 97-33-17, Mississippi Code of 1972, is 364
amended as follows: 365
97-33-17. (1) All monies exhibited for the purpose of 366
betting or alluring persons to bet at any game, and all monies 367
staked or betted, shall be liable to seizure by any sheriff, 368
constable, or police officer, together with all the appliances 369
used or kept for use in gambling, or by any other person; and all 370
the monies so seized shall be accounted for by the person making 371
the seizure, and all appliances seized shall be destroyed; 372
provided, however, this section shall not apply to betting, gaming 373
or wagering * * *: 374
(a) On a cruise vessel as defined in Section 27-109-1 375
whenever such vessel is in the waters within the State of 376
Mississippi, which lie adjacent to the State of Mississippi south 377
of the three (3) most southern counties in the State of 378
Mississippi, including the Mississippi Sound, St. Louis Bay, 379
Biloxi Bay and Pascagoula Bay, and in which the registered voters 380
of the county in which the port is located have not voted to 381
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prohibit such betting, gaming or wagering on cruise vessels as 382
provided in Section 19-3-79; 383
(b) In a structure located in whole or in part on shore 384
in any of the three (3) most southern counties in the State of 385
Mississippi in which the registered voters of the county have 386
voted to allow such betting, gaming or wagering on cruise vessels 387
as provided in Section 19-3-79, if: 388
(i) The structure is owned, leased or controlled 389
by a person possessing a gaming license, as defined in Section 390
75-76-5, to conduct legal gaming on a cruise vessel under 391
paragraph (a) of this subsection; 392
(ii) The part of the structure in which licensed 393
gaming activities are conducted is located entirely in an area 394
which is located no more than eight hundred (800) feet from the 395
mean high water line (as defined in Section 29-15-1) of the waters 396
within the State of Mississippi, which lie adjacent to the State 397
of Mississippi south of the three (3) most southern counties in 398
the State of Mississippi, including the Mississippi Sound, St. 399
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 400
Harrison County only, no farther north than the southern boundary 401
of the right-of-way for U.S. Highway 90, whichever is greater; and 402
(iii) In the case of a structure that is located 403
in whole or part on shore, the part of the structure in which 404
licensed gaming activities are conducted shall lie adjacent to 405
state waters south of the three (3) most southern counties in the 406
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State of Mississippi, including the Mississippi Sound, St. Louis 407
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 408
structure is located consists of a parcel of real property, 409
easements and rights-of-way for public streets and highways shall 410
not be construed to interrupt the contiguous nature of the parcel, 411
nor shall the footage contained within the easements and 412
rights-of-way be counted in the calculation of the distances 413
specified in subparagraph (ii) * * *; 414
(c) A vessel as defined in Section 27-109-1 whenever 415
such vessel is on the Mississippi River or navigable waters within 416
any county bordering on the Mississippi River, and in which the 417
registered voters of the county in which the port is located have 418
not voted to prohibit such betting, gaming or wagering on vessels 419
as provided in Section 19-3-79; or 420
(d) That is legal under the laws of the State of 421
Mississippi. 422
(2) Nothing in this section shall apply to any gambling 423
device, machine or equipment that is owned, possessed, controlled, 424
installed, procured, repaired or transported in accordance with 425
subsection (4) of Section 97-33-7. 426
SECTION 8. Section 75-76-5, Mississippi Code of 1972, is 427
amended as follows: 428
75-76-5. As used in this chapter, unless the context 429
requires otherwise: 430
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(a) "Applicant" means any person who has applied for or 431
is about to apply for a state gaming license, registration or 432
finding of suitability under the provisions of this chapter or 433
approval of any act or transaction for which approval is required 434
or permitted under the provisions of this chapter. 435
(b) "Application" means a request for the issuance of a 436
state gaming license, registration or finding of suitability under 437
the provisions of this chapter or for approval of any act or 438
transaction for which approval is required or permitted under the 439
provisions of this chapter but does not include any supplemental 440
forms or information that may be required with the application. 441
(c) "Associated equipment" means any equipment or 442
mechanical, electromechanical or electronic contrivance, component 443
or machine used remotely or directly in connection with gaming or 444
with any game, race book or sports pool that would not otherwise 445
be classified as a gaming device, including dice, playing cards, 446
links which connect to progressive slot machines, equipment which 447
affects the proper reporting of gross revenue, computerized 448
systems of betting at a race book or sports pool, computerized 449
systems for monitoring slot machines, and devices for weighing or 450
counting money. 451
(d) "Chairman" means the Chairman of the Mississippi 452
Gaming Commission except when used in the term "Chairman of the 453
State Tax Commission." "Chairman of the State Tax Commission" or 454
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"commissioner" means the Commissioner of Revenue of the Department 455
of Revenue. 456
(e) "Commission" or "Mississippi Gaming Commission" 457
means the Mississippi Gaming Commission. 458
(f) "Commission member" means a member of the 459
Mississippi Gaming Commission. 460
(g) "Credit instrument" means a writing which evidences 461
a gaming debt owed to a person who holds a license at the time the 462
debt is created, and includes any writing taken in consolidation, 463
redemption or payment of a prior credit instrument. 464
(h) "Enforcement division" means a particular division 465
supervised by the executive director that provides enforcement 466
functions. 467
(i) "Establishment" means any premises wherein or 468
whereon any gaming is done. 469
(j) "Executive director" means the Executive Director 470
of the Mississippi Gaming Commission. 471
(k) Except as otherwise provided by law, "game," or 472
"gambling game" means any banking or percentage game played with 473
cards, with dice or with any mechanical, electromechanical or 474
electronic device or machine for money, property, checks, credit 475
or any representative of value, including, without limiting, the 476
generality of the foregoing, faro, monte, roulette, keno, fan tan, 477
twenty one, blackjack, seven and a half, big injun, klondike, 478
craps, poker, chuck a luck (dai shu), wheel of fortune, chemin de 479
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fer, baccarat, pai gow, beat the banker, panguingui, slot machine, 480
or any other game or device approved by the commission. However, 481
"game" or "gambling game" shall not include bingo games or raffles 482
which are held pursuant to the provisions of Section 97-33-51, or 483
the illegal gambling activities described in Section 97-33-8. 484
The commission shall not be required to recognize any game 485
hereunder with respect to which the commission determines it does 486
not have sufficient experience or expertise. 487
(l) "Gaming" or "gambling" means to deal, operate, 488
carry on, conduct, maintain or expose for play any game as defined 489
in this chapter. 490
(m) "Gaming device" means any mechanical, 491
electromechanical or electronic contrivance, component or machine 492
used in connection with gaming or any game which affects the 493
result of a wager by determining win or loss. The term includes a 494
system for processing information which can alter the normal 495
criteria of random selection, which affects the operation of any 496
game, or which determines the outcome of a game. The term does 497
not include a system or device which affects a game solely by 498
stopping its operation so that the outcome remains undetermined, 499
and does not include any antique coin machine as defined in 500
Section 27-27-12. 501
(n) "Gaming employee" means any person connected 502
directly with the operation of a gaming establishment licensed to 503
conduct any game, including: 504
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(i) Boxmen; 505
(ii) Cashiers; 506
(iii) Change personnel; 507
(iv) Counting room personnel; 508
(v) Dealers; 509
(vi) Floormen; 510
(vii) Hosts or other persons empowered to extend 511
credit or complimentary services; 512
(viii) Keno runners; 513
(ix) Keno writers; 514
(x) Machine mechanics; 515
(xi) Security personnel; 516
(xii) Shift or pit bosses; 517
(xiii) Shills; 518
(xiv) Supervisors or managers; and 519
(xv) Ticket writers. 520
The term "gaming employee" also includes employees of 521
manufacturers or distributors of gaming equipment within this 522
state whose duties are directly involved with the manufacture, 523
repair or distribution of gaming equipment. 524
"Gaming employee" does not include bartenders, cocktail 525
waitresses or other persons engaged in preparing or serving food 526
or beverages unless acting in some other capacity. 527
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(o) "Gaming license" means any license issued by the 528
state which authorizes the person named therein to engage in 529
gaming. 530
(p) "Gross revenue" means the total of all of the 531
following, less the total of all cash paid out as losses to 532
patrons and those amounts paid to purchase annuities to fund 533
losses paid to patrons over several years by independent financial 534
institutions: 535
(i) Cash received as winnings; 536
(ii) Cash received in payment for credit extended 537
by a licensee to a patron for purposes of gaming; and 538
(iii) Compensation received for conducting any 539
game in which the licensee is not party to a wager. 540
For the purposes of this definition, cash or the value of 541
noncash prizes awarded to patrons in a contest or tournament are 542
not losses. 543
The term does not include: 544
(i) Counterfeit money or tokens; 545
(ii) Coins of other countries which are received 546
in gaming devices; 547
(iii) Cash taken in fraudulent acts perpetrated 548
against a licensee for which the licensee is not reimbursed; or 549
(iv) Cash received as entry fees for contests or 550
tournaments in which the patrons compete for prizes. 551
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(q) "Hearing examiner" means a member of the 552
Mississippi Gaming Commission or other person authorized by the 553
commission to conduct hearings. 554
(r) "Investigation division" means a particular 555
division supervised by the executive director that provides 556
investigative functions. 557
(s) "License" means a gaming license or a 558
manufacturer's, seller's or distributor's license. 559
(t) "Licensee" means any person to whom a valid license 560
has been issued. 561
(u) "License fees" means monies required by law to be 562
paid to obtain or continue a gaming license or a manufacturer's, 563
seller's or distributor's license. 564
(v) "Licensed gaming establishment" means any premises 565
licensed pursuant to the provisions of this chapter wherein or 566
whereon gaming is done. 567
(w) "Manufacturer's," "seller's" or "distributor's" 568
license means a license issued pursuant to Section 75-76-79. 569
(x) "Navigable waters" shall have the meaning ascribed 570
to such term under Section 27-109-1. 571
(y) "Operation" means the conduct of gaming. 572
(z) "Party" means the Mississippi Gaming Commission and 573
any licensee or other person appearing of record in any proceeding 574
before the commission; or the Mississippi Gaming Commission and 575
any licensee or other person appearing of record in any proceeding 576
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for judicial review of any action, decision or order of the 577
commission. 578
(aa) "Person" includes any association, corporation, 579
firm, partnership, trust or other form of business association as 580
well as a natural person. 581
(bb) "Premises" means land, together with all 582
buildings, improvements and personal property located thereon, and 583
includes all parts of any vessel or cruise vessel. 584
(cc) "Race book" means the business of accepting wagers 585
upon the outcome of any event held at a track which uses the 586
pari-mutuel system of wagering and includes "online race book" as 587
defined by this act. 588
(dd) "Regulation" means a rule, standard, directive or 589
statement of general applicability which effectuates law or policy 590
or which describes the procedure or requirements for practicing 591
before the commission. The term includes a proposed regulation 592
and the amendment or repeal of a prior regulation but does not 593
include: 594
(i) A statement concerning only the internal 595
management of the commission and not affecting the rights or 596
procedures available to any licensee or other person; 597
(ii) A declaratory ruling; 598
(iii) An interagency memorandum; 599
(iv) The commission's decision in a contested case 600
or relating to an application for a license; or 601
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(v) Any notice concerning the fees to be charged 602
which are necessary for the administration of this chapter. 603
(ee) "Respondent" means any licensee or other person 604
against whom a complaint has been filed with the commission. 605
(ff) "Slot machine" means any mechanical, electrical or 606
other device, contrivance or machine which, upon insertion of a 607
coin, token or similar object, or upon payment of any 608
consideration, is available to play or operate, the play or 609
operation of which, whether by reason of the skill of the operator 610
or application of the element of chance, or both, may deliver or 611
entitle the person playing or operating the machine to receive 612
cash, premiums, merchandise, tokens or anything of value, whether 613
the payoff is made automatically from the machine or in any other 614
manner. The term does not include any antique coin machine as 615
defined in Section 27-27-12. 616
(gg) "Sports pool" means the business of accepting 617
wagers on collegiate or professional sporting events or athletic 618
events, by any system or method of wagering other than the system 619
known as the "pari-mutuel method of wagering * * *, and includes 620
"online sports pool" as defined by this act. 621
(hh) "State Tax Commission" or "department" means the 622
Department of Revenue of the State of Mississippi. 623
(ii) "Temporary work permit" means a work permit which 624
is valid only for a period not to exceed ninety (90) days from its 625
date of issue and which is not renewable. 626
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(jj) "Vessel" or "cruise vessel" shall have the 627
meanings ascribed to such terms under Section 27-109-1. 628
(kk) "Work permit" means any card, certificate or 629
permit issued by the commission, whether denominated as a work 630
permit, registration card or otherwise, authorizing the employment 631
of the holder as a gaming employee. A document issued by any 632
governmental authority for any employment other than gaming is not 633
a valid work permit for the purposes of this chapter. 634
(ll) "School or training institution" means any school 635
or training institution which is licensed by the commission to 636
teach or train gaming employees pursuant to Section 75-76-34. 637
(mm) "Cheat" means to alter the selection of criteria 638
that determine: 639
(i) The rules of a game; or 640
(ii) The amount or frequency of payment in a game. 641
(nn) "Promotional activity" means an activity or event 642
conducted or held for the purpose of promoting or marketing the 643
individual licensed gaming establishment that is engaging in the 644
promotional activity. The term includes, but is not limited to, a 645
game of any kind other than as defined in paragraph (k) of this 646
section, a tournament, a contest, a drawing, or a promotion of any 647
kind. 648
SECTION 9. Section 75-76-33, Mississippi Code of 1972, is 649
amended as follows: 650
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75-76-33. (1) The commission shall, from time to time, 651
adopt, amend or repeal such regulations, consistent with the 652
policy, objects and purposes of this chapter, as it may deem 653
necessary or desirable in the public interest in carrying out the 654
policy and provisions of this chapter. The commission shall 655
comply with the Mississippi Administrative Procedures Law when 656
adopting, amending or repealing any regulations authorized under 657
this section or under any other provision of this chapter. 658
(2) These regulations shall, without limiting the general 659
powers herein conferred, include the following: 660
(a) Prescribing the method and form of application 661
which any applicant for a license or for a manufacturer's, 662
seller's or distributor's license must follow and complete before 663
consideration of his application by the executive director or the 664
commission. 665
(b) Prescribing the information to be furnished by any 666
applicant or licensee concerning his antecedents, habits, 667
character, associates, criminal record, business activities and 668
financial affairs, past or present. 669
(c) Prescribing the information to be furnished by a 670
licensee relating to his employees. 671
(d) Requiring fingerprinting of an applicant or 672
licensee, and gaming employees of a licensee, or other methods of 673
identification and the forwarding of all fingerprints taken 674
pursuant to regulation of the Federal Bureau of Investigation. 675
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(e) Prescribing the manner and procedure of all 676
hearings conducted by the commission or any hearing examiner of 677
the commission, including special rules of evidence applicable 678
thereto and notices thereof. 679
(f) Requiring any applicant to pay all or any part of 680
the fees and costs of investigation of such applicant as may be 681
determined by the commission under paragraph (g) of this 682
subsection (2). 683
(g) Prescribing the amounts of investigative fees only 684
as authorized by regulations of the commission under paragraph (f) 685
of this subsection, and collecting those fees. The commission 686
shall adopt regulations setting the amounts of those fees at 687
levels that will provide the commission with sufficient revenue, 688
when combined with any other monies as may be deposited into the 689
Mississippi Gaming Commission Fund created in Section 75-76-325, 690
to carry out the provisions of this chapter without any state 691
general funds. In calculating the amount of such fees, the 692
commission shall: 693
(i) Attempt to set the fees at levels that will 694
create a balance in the Mississippi Gaming Commission Fund that 695
does not exceed, at the end of any state fiscal year, two percent 696
(2%) of the projected amount of funds that will provide the 697
commission with such sufficient revenue; and 698
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(ii) Demonstrate the reasonableness of the 699
relationship between a fee and the actual costs of the 700
investigative activity for which the fee is being prescribed. 701
(h) Prescribing the manner and method of collection and 702
payment of fees and issuance of licenses. 703
(i) Prescribing under what conditions a licensee may be 704
deemed subject to revocation or suspension of his license. 705
(j) Requiring any applicant or licensee to waive any 706
privilege with respect to any testimony at any hearing or meeting 707
of the commission, except any privilege afforded by the 708
Constitution of the United States or this state. 709
(k) Defining and limiting the area, games and devices 710
permitted, and the method of operation of such games and devices, 711
for the purposes of this chapter. 712
(l) Prescribing under what conditions the nonpayment of 713
a gambling debt by a licensee shall be deemed grounds for 714
revocation or suspension of his license. 715
(m) Governing the use and approval of gambling devices 716
and equipment. 717
(n) Prescribing the qualifications of, and the 718
conditions under which, attorneys, accountants and others are 719
permitted to practice before the commission. 720
(o) Restricting access to confidential information 721
obtained under this chapter and ensuring that the confidentiality 722
of such information is maintained and protected. 723
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(p) Prescribing the manner and procedure by which the 724
executive director on behalf of the commission shall notify a 725
county or a municipality wherein an applicant for a license 726
desires to locate. 727
(q) Prescribing the manner and procedure for an 728
objection to be filed with the commission and the executive 729
director by a county or municipality wherein an applicant for a 730
license desires to locate. 731
(3) Notwithstanding any other provision of law, each 732
licensee shall be required to comply with the regulation that no 733
wager may be placed by, or on behalf of, any individual or entity 734
or group, not present on a licensed vessel or cruise vessel, 735
except through an online sports pool or online race book, or as 736
otherwise provided by this act. 737
(4) From and after July 1, 2016, the expenses of this agency 738
shall be defrayed by appropriation from the State General Fund and 739
all user charges and fees authorized under this section shall be 740
deposited into the State General Fund as authorized by law. 741
(5) From and after July 1, 2016, no state agency shall 742
charge another state agency a fee, assessment, rent or other 743
charge for services or resources received by authority of this 744
section. 745
SECTION 10. Section 75-76-89, Mississippi Code of 1972, is 746
amended as follows: 747
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75-76-89. (1) Except as otherwise provided in subsection 748
( * * *2) of this section, all licenses issued to the same person, 749
including a wholly owned subsidiary of that person, for the 750
operation of any game, including a sports pool or race book, 751
whether online or in person, which authorize gaming at the same 752
establishment must be merged into a single gaming license. A 753
gaming license may not be issued to any person if the issuance 754
would result in more than one (1) licensed operation at a single 755
establishment, unless authorized by this act whether or not the 756
profits or revenue from gaming are shared between the licensed 757
operations. This shall in no way be interpreted to mean that a 758
platform is the holder of a gaming license. 759
(2) A person who has been issued a gaming license may 760
establish a sports pool or race book on the premises of the 761
establishment at which he or she conducts a gaming operation only 762
after obtaining permission from the executive director which 763
permission shall be subject to approval of the terms of any 764
contracts to ensure compliance with state gaming laws entered by 765
the gaming licensee with a licensed platform and any other such 766
third parties providing related services. 767
SECTION 11. Section 75-76-91, Mississippi Code of 1972, is 768
amended as follows: 769
75-76-91. (1) All licenses issued under the provisions of 770
this chapter must be posted by the licensee and kept posted at all 771
times in a conspicuous place in the establishment for which issued 772
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until replaced by a succeeding license. The gaming licensee shall 773
also conspicuously post the license for the platform used in its 774
establishment. 775
(2) All licenses may be inspected by authorized state, 776
county and municipal officials. 777
SECTION 12. Section 75-76-129, Mississippi Code of 1972, is 778
amended as follows: 779
[Through June 30, 2028, this section shall read as follows:] 780
75-76-129. (1) On or before the last day of each month all 781
taxes, fees, interest, penalties, damages, fines or other monies 782
collected by the Department of Revenue during that month under the 783
provisions of this chapter, with the exception of (a) the local 784
government fees imposed under Section 75-76-195, and (b) an amount 785
equal to Three Million Dollars ($3,000,000.00) of the revenue 786
collected pursuant to the fee imposed under Section 787
75-76-177(1)(c), * * * (c) the revenue collected pursuant to the 788
fee imposed under Section 75-76-177(1)(c) as a result of wagers on 789
sporting events and (d) the revenue collected pursuant to the 790
Mobile Sports Wagering Act from online sports pools and online 791
racebooks shall be paid by the Department of Revenue to the State 792
Treasurer to be deposited in the State General Fund. The local 793
government fees shall be distributed by the Department of Revenue 794
pursuant to Section 75-76-197. 795
(2) An amount equal to Three Million Dollars ($3,000,000.00) 796
of the revenue collected during that month pursuant to the fee 797
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imposed under Section 75-76-177(1)(c) shall be deposited by the 798
Department of Revenue into the bond sinking fund created in 799
Section 1(3) of Chapter 479, Laws of 2015. 800
(3) Revenue collected pursuant to the fee imposed under 801
Section 75-76-177(1)(c) as a result of wagers on sporting events 802
shall be deposited into the State Highway Fund to be used solely 803
for the repair and maintenance of highways and bridges of the 804
State of Mississippi. This revenue shall be used first for 805
matching funds made available to the state for such purposes 806
pursuant to any federal highway infrastructure program implemented 807
after September 1, 2018. 808
(4) Revenue collected pursuant to the fee imposed pursuant 809
to Section 75-76-177(c) as a result of wagers on online sports 810
pools and online race books shall be deposited into the "Mobile 811
Sports Wagering Tax Fund" as provided in Section 6 of this act. 812
[From and after July 1, 2028, this section shall read as 813
follows:] 814
75-76-129. (1) On or before the last day of each month all 815
taxes, fees, interest, penalties, damages, fines or other monies 816
collected by the Department of Revenue during that month under the 817
provisions of this chapter, with the exception of (a) the local 818
government fees imposed under Section 75-76-195, * * * (b) an 819
amount equal to Three Million Dollars ($3,000,000.00) of the 820
revenue collected pursuant to the fee imposed under Section 821
75-76-177(1)(c), and (c) the revenue collected pursuant to the 822
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Mobile Sports Wagering Act from online sports pools and online 823
racebooks shall be paid by the Department of Revenue to the State 824
Treasurer to be deposited in the State General Fund. The local 825
government fees shall be distributed by the Department of Revenue 826
pursuant to Section 75-76-197. An amount equal to Three Million 827
Dollars ($3,000,000.00) of the revenue collected during that month 828
pursuant to the fee imposed under Section 75-76-177(1)(c) shall be 829
deposited by the Department of Revenue into the bond sinking fund 830
created in Section 1(3) of Chapter 479, Laws of 2015. 831
(2) Revenue collected pursuant to the fee imposed 832
pursuant to Section 75-76-177(c) as a result of wagers on online 833
sports pools and online race books shall be deposited into the 834
"Mobile Sports Wagering Tax Fund" as provided in Section 6 of this 835
act. 836
SECTION 13. Section 75-76-203, Mississippi Code of 1972, is 837
amended as follows: 838
75-76-203. In order to be eligible to receive a state gaming 839
license, a corporation shall: 840
(a) Be incorporated: 841
(i) In the State of Mississippi, although such 842
corporation may be a wholly or partly owned subsidiary of a 843
corporation which is chartered in another state of the United 844
States; or 845
(ii) In another state of the United States, if all 846
persons having any direct or indirect interest of any nature in 847
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such corporation are licensed as required by this chapter and any 848
applicable regulations of the commission; 849
(b) Maintain an office of the corporation on the 850
licensed premises, except for any platform that operates on behalf 851
of a holder of a gaming license in this state; 852
(c) Comply with all of the requirements of the laws of 853
the State of Mississippi pertaining to corporations; and 854
(d) Maintain a ledger in the principal office of the 855
corporation in Mississippi, which shall: 856
(i) At all times reflect the ownership of every 857
class of security issued by the corporation; and 858
(ii) Be available for inspection by the commission 859
or the executive director or his employees at all reasonable times 860
without notice. 861
SECTION 14. Section 75-76-205, Mississippi Code of 1972, is 862
brought forward as follows: 863
75-76-205. No domestic corporation is eligible to receive a 864
gaming license unless it is in good standing in this state. No 865
foreign corporation is eligible to receive a gaming license unless 866
it qualifies to do business in this state. 867
SECTION 15. Section 75-76-211, Mississippi Code of 1972, is 868
brought forward as follows: 869
75-76-211. All officers and directors of the corporation 870
which holds or applies for a state gaming license must be licensed 871
individually, according to the provisions of this chapter; and if, 872
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in the judgment of the commission, the public interest will be 873
served by requiring any or all of the corporation's individual 874
stockholders, lenders, holders of evidences of indebtedness, 875
underwriters, key executives, agents or employees to be licensed, 876
the corporation shall require such persons to apply for a license 877
in accordance with the laws and requirements in effect at the time 878
the commission requires such licensing. A person who is required 879
to be licensed by this section shall apply for a license within 880
thirty (30) days after he becomes an officer or director. A 881
person who is required to be licensed pursuant to a decision of 882
the commission shall apply for a license within thirty (30) days 883
after the executive director requests him to do so. 884
SECTION 16. Section 75-76-55, Mississippi Code of 1972, is 885
brought forward as follows: 886
75-76-55. (1) Except as otherwise provided in Section 887
75-76-34, it is unlawful for any person, either as owner, lessee 888
or employee, whether for hire or not, either solely or in 889
conjunction with others, without having first procured and 890
thereafter maintaining in effect a state gaming license: 891
(a) To deal, operate, carry on, conduct, maintain or 892
expose for play in the State of Mississippi any gambling game, 893
including, without limitation, any gaming device, slot machine, 894
race book or sports pool; 895
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(b) To provide or maintain any information service the 896
primary purpose of which is to aid the placing or making of wagers 897
on events of any kind; or 898
(c) To receive, directly or indirectly, any 899
compensation or reward or any percentage or share of the money or 900
property played, for keeping, running or carrying on any gambling 901
game, including, without limitation, any slot machine, gaming 902
device, race book or sports pool. 903
(2) Except as otherwise provided in Section 75-76-34, it is 904
unlawful for any person knowingly to permit any gambling game, 905
including, without limitation, any slot machine, gaming device, 906
race book or sports pool to be conducted, operated, dealt or 907
carried on in any house or building or other premises owned by 908
him, in whole or in part, by a person who is not licensed pursuant 909
to this chapter or by his employee. 910
SECTION 17. Section 75-76-79, Mississippi Code of 1972, is 911
amended as follows: 912
75-76-79. (1) (a) Except as otherwise provided in 913
paragraphs (b) and (c) of this subsection, it is unlawful for any 914
person, either as owner, lessee or employee, whether for hire or 915
not, to operate, carry on, conduct or maintain any form of 916
manufacture, selling or distribution of any gaming device for use 917
or play in Mississippi or for distribution outside of Mississippi 918
without first procuring and maintaining all required federal and 919
state licenses. 920
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(b) A lessor who specifically acquires equipment for a 921
capital lease is not required to be licensed under this section. 922
(c) The holder of a state gaming license or the holding 923
company of a corporate licensee may, within two (2) years after 924
cessation of business or upon specific approval by the executive 925
director, dispose of by sale in a manner approved by the executive 926
director, any or all of its gaming devices, including slot 927
machines, without a distributor's license. In cases of bankruptcy 928
of a state gaming licensee or foreclosure of a lien by a bank or 929
other person holding a security interest for which gaming devices 930
are security, in whole or in part, for the lien, the executive 931
director may authorize the disposition of the gaming devices 932
without requiring a distributor's license. 933
(d) Any person whom the commission determines is a 934
suitable person to receive a license under the provisions of this 935
section may be issued a manufacturer's or distributor's license. 936
The burden of proving his qualification to receive or hold a 937
license under this section is at all times on the applicant or 938
licensee. 939
(e) Every person who must be licensed pursuant to this 940
section is subject to the provisions of Sections 75-76-199 through 941
75-76-265, unless exempted from those provisions by the 942
commission. 943
(f) The commission may exempt, for any purpose, a 944
manufacturer, seller or distributor from the provisions of 945
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Sections 75-76-199 through 75-76-265, if the commission determines 946
that the exemption is consistent with the purposes of this 947
chapter. 948
(g) As used in this section, "holding company" has the 949
meaning ascribed to it in Section 75-76-199. 950
(2) If the commission determines that a manufacturer or 951
distributor is unsuitable to receive or hold a license: 952
(a) No new gaming device or associated equipment 953
manufactured by the manufacturer or distributed by the distributor 954
may be approved; 955
(b) Any previously approved device or associated 956
equipment manufactured by the manufacturer or distributed by the 957
distributor is subject to revocation of approval if the reasons 958
for the denial of the license also apply to that device or 959
associated equipment; 960
(c) No new device or associated equipment manufactured 961
by the manufacturer or distributed by the distributor may be sold, 962
transferred or offered for use or play in Mississippi; and 963
(d) Any association or agreement between the 964
manufacturer or distributor and a licensee must be terminated, 965
unless otherwise provided by the commission. An agreement between 966
such a manufacturer or distributor of gaming devices or associated 967
equipment and a licensee shall be deemed to include a provision 968
for its termination without liability on the part of the licensee 969
upon a finding by the commission that the manufacturer is 970
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unsuitable to be associated with a gaming enterprise. Failure to 971
include that condition in the agreement is not a defense in any 972
action brought pursuant to this section to terminate the 973
agreement. 974
(3) Failure of a licensee to terminate any association or 975
agreement with a manufacturer or distributor of gaming devices or 976
associated equipment after receiving notice of a determination of 977
unsuitability, the denial of a license or failure to file a timely 978
application for a license, is an unsuitable method of operation. 979
(4) There is hereby imposed and levied on each applicant for 980
a manufacturer's, seller's or distributor's license under this 981
section an annual license fee in the following amount: 982
(a) For the issuance or continuation of a 983
manufacturer's license, One Thousand Dollars ($1,000.00). 984
(b) For the issuance or continuation of a seller's or 985
distributor's license, Five Hundred Dollars ($500.00). 986
This fee is to be paid by the applicant to the * * * 987
Department of Revenue on or before the filing of the application 988
for a manufacturer's, seller's or distributor's license by the 989
applicant. Upon such payment the * * * Commissioner of Revenue 990
shall certify to the executive director that such fee has been 991
paid by the applicant. 992
Except for those amounts that a person issued a 993
manufacturer's license under this section may charge for goods 994
supplied or services rendered, the person holding the 995
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manufacturer's license may not be directly reimbursed by a holder 996
of a gaming license for the cost of any fee paid by the person for 997
the issuance or continuation of such a license, whether imposed 998
under this section or any other provision of this chapter. 999
(5) A manufacturer or distributor of associated equipment 1000
who sells, transfers or offers the associated equipment for use or 1001
play in Mississippi may be required by the executive director to 1002
file an application for a finding of suitability to be a 1003
manufacturer or distributor of associated equipment. 1004
Any person who directly or indirectly involves himself in the 1005
sale, transfer or offering for use or play in Mississippi of 1006
associated equipment who is not otherwise required to be licensed 1007
as a manufacturer or distributor may be required by the executive 1008
director to file an application for a finding of suitability to be 1009
a manufacturer or distributor of associated equipment. 1010
If an application for a finding of suitability is not 1011
submitted within thirty (30) days after demand by the executive 1012
director, he may pursue any remedy or combination of remedies 1013
provided in this chapter. 1014
(6) The executive director and his employees may inspect 1015
every gaming device which is manufactured, sold or distributed: 1016
(a) For use in this state, before the gaming device is 1017
put into play. 1018
(b) In this state for use outside this state, before 1019
the gaming device is shipped out of this state. 1020
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The executive director may inspect every gaming device which 1021
is offered for play within this state by a licensee. 1022
The executive director may inspect all associated equipment 1023
which is manufactured, sold or distributed for use in this state 1024
before the equipment is installed or used by a gaming licensee. 1025
In addition to all other fees and charges imposed by this 1026
chapter, the executive director may determine an inspection fee 1027
with regard to each manufacturer, seller or distributor which must 1028
not exceed the actual cost of inspection and investigation. Upon 1029
such determination, the executive director shall certify to the 1030
* * * Commissioner of Revenue the amount of the inspection fee 1031
and the name and address of the applicant. Upon such 1032
certification the * * * Department of Revenue shall proceed to 1033
assess and collect such inspection fee from the applicant. 1034
SECTION 18. Section 75-76-101, Mississippi Code of 1972, is 1035
amended as follows: 1036
75-76-101. (1) All gaming must be conducted with chips, 1037
tokens or other instrumentalities approved by the executive 1038
director or with the legal tender of the United States. 1039
(2) Except for an online sports pool or online race book, no 1040
licensee shall permit participation by a person in a game 1041
conducted in the licensed gaming establishment if such person is 1042
not physically present in the licensed gaming establishment during 1043
the period of time when such game is being conducted, and all 1044
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games and the participation of patrons therein shall be entirely 1045
located and conducted on the licensed premises. 1046
SECTION 19. Section 75-76-175, Mississippi Code of 1972, is 1047
amended as follows: 1048
75-76-175. (1) A credit instrument accepted on or after 1049
June 29, 1991, is valid and may be enforced by legal process. 1050
(2) A licensee or a person acting on the licensee's behalf 1051
may accept an incomplete credit instrument which: 1052
(a) Is signed by a patron; and 1053
(b) States the amount of the debt in figures. 1054
Such licensee or person acting on the licensee's behalf * * * 1055
may complete the instrument as is necessary for the instrument to 1056
be presented for payment. 1057
(3) A licensee or person acting on behalf of a licensee: 1058
(a) May accept a credit instrument that is dated later 1059
than the date of its execution if that later date is furnished at 1060
the time of the execution of the credit instrument by the patron. 1061
(b) May not accept a credit instrument which is 1062
incomplete, except as authorized by subsection (2) of this 1063
section. 1064
(c) May accept a credit instrument that is payable to 1065
an affiliated company or may complete a credit instrument in the 1066
name of an affiliated company as payee if the credit instrument 1067
otherwise complies with this subsection and the records of the 1068
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affiliated company pertaining to the credit instrument are made 1069
available to the executive director upon request. 1070
(4) This section does not prohibit the establishment of an 1071
account by a deposit of cash, recognized traveler's check, or any 1072
other instruments which is equivalent to cash. 1073
(5) Any person who violates the provisions of this section 1074
is subject only to the penalties provided in Sections 75-76-103 1075
through 75-76-119, inclusive. 1076
(6) The commission may adopt regulations prescribing the 1077
conditions under which a credit instrument may be redeemed or 1078
presented to a bank for collection or payment. 1079
SECTION 20. Section 75-76-177, Mississippi Code of 1972, is 1080
amended as follows: 1081
75-76-177. (1) From and after August 1, 1990, there is 1082
hereby imposed and levied on each gaming licensee a license fee 1083
based upon all the gross revenue of the licensee as follows: 1084
(a) Four percent (4%) of all the gross revenue of the 1085
licensee which does not exceed Fifty Thousand Dollars ($50,000.00) 1086
per calendar month; 1087
(b) Six percent (6%) of all the gross revenue of the 1088
licensee which exceeds Fifty Thousand Dollars ($50,000.00) per 1089
calendar month and does not exceed One Hundred Thirty four 1090
Thousand Dollars ($134,000.00) per calendar month; and 1091
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(c) Eight percent (8%) of all the gross revenue of the 1092
licensee which exceeds One Hundred Thirty four Thousand Dollars 1093
($134,000.00) per calendar month. 1094
(2) All revenue received from any game * * *, gaming device 1095
or platform which is leased for operation on the premises of the 1096
licensee owner to a person other than the owner thereof or which 1097
is located in an area or space on such premises which is leased by 1098
the licensee owner to any such person, must be attributed to the 1099
owner for the purposes of this section and be counted as part of 1100
the gross revenue of the owner. The lessee is liable to the owner 1101
for his proportionate share of such license fees. 1102
(3) If the amount of license fees required to be reported 1103
and paid pursuant to this section is later determined to be 1104
greater or less than the amount actually reported and paid by the 1105
licensee, the * * * Commissioner of Revenue shall: 1106
(a) Assess and collect the additional license fees 1107
determined to be due, with interest thereon until paid; or 1108
(b) Refund any overpayment, with interest thereon, to 1109
the licensee. 1110
Interest must be computed, until paid, at the rate of one 1111
percent (1%) per month from the first day of the first month 1112
following either the due date of the additional license fees or 1113
the date of overpayment. 1114
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(4) Failure to pay the fees provided for in this section 1115
when they are due for continuation of a license shall be deemed a 1116
surrender of the license. 1117
SECTION 21. Section 97-33-305, Mississippi Code of 1972, is 1118
brought forward as follows: 1119
97-33-305. (1) Fantasy contests are legal in this state. A 1120
fantasy contest operator must comply with the provisions of this 1121
section if the operator's total player roster for all fantasy 1122
contests consists of one hundred (100) or more members of the 1123
general public. 1124
(2) A fantasy contest operator must implement commercially 1125
reasonable procedures for fantasy contests with an entry fee to: 1126
(a) Prevent employees of the operator, and relatives 1127
living in the same household with an employee of an operator, from 1128
competing in fantasy contests offered by an operator in which the 1129
operator offers a cash prize; 1130
(b) Prevent sharing with third parties of confidential 1131
information that could affect fantasy contest play until the 1132
information is made publicly available; 1133
(c) Prevent the operator from participating in a 1134
fantasy contest offered by the operator; 1135
(d) Verify that a fantasy contest player is eighteen 1136
(18) years of age or older except as required in Section 1137
97-33-307(5); 1138
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(e) Ensure that individuals who participate or 1139
officiate in a sporting event or who own, manage or coach a team 1140
or player who participates in a sporting event will not knowingly 1141
be allowed to enter a fantasy contest that is determined, in whole 1142
or in part, on accumulated statistical results that include a 1143
sporting event in which the individual could be involved as an 1144
athlete, official, owner, manager or coach; 1145
(f) Allow individuals to restrict themselves from 1146
entering a fantasy contest upon request and provide reasonable 1147
steps to prevent the person from entering fantasy contests offered 1148
by the operator; 1149
(g) Disclose the number of entries that a player may 1150
submit to each fantasy contest and provide reasonable steps to 1151
prevent players from submitting more than the allowable number; 1152
(h) Restrict the number of entries submitted by a 1153
single player for any contest as follows: 1154
(i) An operator shall not allow a player to submit 1155
more than one (1) entry in a contest involving twelve (12) or 1156
fewer players. 1157
(ii) If the number of players in a contest is more 1158
than twelve (12) but fewer than thirty seven (37), an operator 1159
shall not allow a player to submit more than two (2) entries. 1160
(iii) If the number of players in a contest is at 1161
least thirty seven (37) but no more than one hundred (100), an 1162
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operator shall not allow a player to submit more than three (3) 1163
entries. 1164
(iv) In any contest involving more than one 1165
hundred (100) players, an operator shall not allow a player to 1166
submit more than the lesser of: 1167
1. Three percent (3%) of all entries; or 1168
2. One hundred fifty (150) entries. 1169
(v) For all advertised fantasy contests, the 1170
operator must prominently include information about the maximum 1171
number of entries that may be submitted for that contest. 1172
(vi) An operator may establish fantasy contests in 1173
which there is no restriction on the number of entries, if those 1174
contests constitute less than two percent (2%) of the total number 1175
of contests it offers, and if the operator clearly discloses: 1176
1. That there are no limits on the number of 1177
entries by each player in the contest; and 1178
2. That the cost of participating in such a 1179
contest is Fifty Dollars ($50.00) or more per entry; 1180
(i) Offer introductory procedures for players that are 1181
prominently displayed on the main page of the operator's platform 1182
to explain contest play and how to identify a highly experienced 1183
player; 1184
(j) Identify all highly experienced players in every 1185
fantasy contest by a symbol attached to the players' usernames, or 1186
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by other easily visible means, on all platforms supported by the 1187
operator; and 1188
(k) Segregate fantasy contest player funds from 1189
operational funds or maintain a reserve in the form of cash, cash 1190
equivalents, payment processor reserves and receivables, an 1191
irrevocable letter of credit, a bond, or a combination thereof, in 1192
the amount of the total account balances of the fantasy contest 1193
players for the benefit and protection of the funds held in the 1194
accounts. 1195
(3) An operator shall not offer contests based on the 1196
performance of participants in collegiate, high school or youth 1197
sports events. 1198
(4) A fantasy contest operator offering fantasy contests 1199
with an entry fee in this state shall comply with audit procedures 1200
adopted by the commission to ensure compliance with this section. 1201
(5) (a) Advertisements for contests and prizes offered by 1202
an operator shall not target prohibited participants, minors, or 1203
self excluded persons. 1204
(b) Representations or implications about average 1205
winnings from contests shall not be unfair or misleading. Such 1206
representations shall include, at a minimum: 1207
(i) The median and mean net winnings of all 1208
players participating in contests offered by the operator; and 1209
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(ii) The percentage of winnings awarded by the 1210
operator to highly experienced players participating in contests 1211
offered by the operator within the preceding calendar year. 1212
(6) Operators shall prohibit the use of third party scripts 1213
or scripting programs for any contest and ensure that measures are 1214
in place to deter, detect and, to the extent reasonably possible, 1215
prevent cheating, including collusion, and the use of cheating 1216
devices, including use of software programs that submit entry fees 1217
or adjust the athletes selected by a player. 1218
(7) The values of all prizes and awards offered to winning 1219
players must be established and made known to the players in 1220
advance of the contest. 1221
SECTION 22. Section 97-33-27, Mississippi Code of 1972, is 1222
amended as follows: 1223
97-33-27. If any person shall bet on a horse race or a yacht 1224
race or on a shooting match, he shall be fined not more than Five 1225
Hundred Dollars ($500.00), and, unless the fine and costs be 1226
immediately paid, he shall be imprisoned in the county jail not 1227
more than ninety (90) days; provided, however, this section shall 1228
not apply to betting, gaming or wagering: 1229
(a) On a cruise vessel as defined in Section 27-109-1 1230
whenever such vessel is in the waters within the State of 1231
Mississippi, which lie adjacent to the State of Mississippi south 1232
of the three (3) most southern counties in the State of 1233
Mississippi, including the Mississippi Sound, St. Louis Bay, 1234
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Biloxi Bay and Pascagoula Bay, and in which the registered voters 1235
of the county in which the port is located have not voted to 1236
prohibit such betting, gaming or wagering on cruise vessels as 1237
provided in Section 19-3-79; 1238
(b) In a structure located in whole or in part on shore 1239
in any of the three (3) most southern counties in the State of 1240
Mississippi in which the registered voters of the county have 1241
voted to allow such betting, gaming or wagering on cruise vessels 1242
as provided in Section 19-3-79, if: 1243
(i) The structure is owned, leased or controlled 1244
by a person possessing a gaming license, as defined in Section 1245
75-76-5, to conduct legal gaming on a cruise vessel under 1246
paragraph (a) of this section; 1247
(ii) The part of the structure in which licensed 1248
gaming activities are conducted is located entirely in an area 1249
which is located no more than eight hundred (800) feet from the 1250
mean high-water line (as defined in Section 29-15-1) of the waters 1251
within the State of Mississippi, which lie adjacent to the State 1252
of Mississippi south of the three (3) most southern counties in 1253
the State of Mississippi, including the Mississippi Sound, St. 1254
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 1255
Harrison County only, no farther north than the southern boundary 1256
of the right-of-way for U.S. Highway 90, whichever is greater; and 1257
(iii) In the case of a structure that is located 1258
in whole or part on shore, the part of the structure in which 1259
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licensed gaming activities are conducted shall lie adjacent to 1260
state waters south of the three (3) most southern counties in the 1261
State of Mississippi, including the Mississippi Sound, St. Louis 1262
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 1263
structure is located consists of a parcel of real property, 1264
easements and rights-of-way for public streets and highways shall 1265
not be construed to interrupt the contiguous nature of the parcel, 1266
nor shall the footage contained within the easements and 1267
rights-of-way be counted in the calculation of the distances 1268
specified in subparagraph (ii) * * *; 1269
(c) On a vessel as defined in Section 27-109-1 whenever 1270
such vessel is on the Mississippi River or navigable waters within 1271
any county bordering on the Mississippi River, and in which the 1272
registered voters of the county in which the port is located have 1273
not voted to prohibit such betting, gaming or wagering on vessels 1274
as provided in Section 19-3-79; or 1275
(d) That is legal under the laws of the State of 1276
Mississippi. 1277
SECTION 23. Section 97-33-8, Mississippi Code of 1972, is 1278
amended as follows: 1279
97-33-8. (1) The provisions of this section are intended to 1280
clarify that the operation of "Internet sweepstakes cafes" is an 1281
illegal gambling activity under Mississippi state law. 1282
(2) It shall be unlawful for any person or entity to 1283
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possess, own, control, display, operate or have a financial 1284
interest in an electronic video monitor that: 1285
(a) Is offered or made available to a person to play or 1286
participate in a simulated gambling program in return for direct 1287
or indirect consideration, including consideration associated with 1288
a product, service or activity other than the simulated gambling 1289
program; and 1290
(b) The person who plays or participates in the 1291
simulated gambling program may become eligible to win, redeem or 1292
otherwise obtain a cash or cash-equivalent prize, whether or not 1293
the eligibility for or value of the prize is determined by or has 1294
any relationship to the outcome or play of the program. 1295
(3) As used in this section, the following words and phrases 1296
shall have the meanings ascribed in this subsection, unless the 1297
context clearly indicates otherwise: 1298
(a) "Simulated gambling program" means any method 1299
intended to be used by a person playing, participating or 1300
interacting with an electronic video monitor that is offered by 1301
another person or entity; that directly or indirectly implements 1302
the predetermination of a cash or cash-equivalent prize, or 1303
otherwise connects the player with the cash or cash-equivalent 1304
prize; and that is not legal under the Mississippi Gaming Control 1305
Act. 1306
(b) "Consideration associated with a product, service 1307
or activity other than the simulated gambling program" means money 1308
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or other value collected for a product, service or activity that 1309
is offered in any direct or indirect relationship to playing or 1310
participating in the simulated gambling program. The term 1311
includes consideration paid for Internet access or computer time, 1312
or a sweepstakes entry. 1313
(c) "Electronic video monitor" means any unit, 1314
mechanism, computer or other terminal, or device that is capable 1315
of displaying moving or still images. 1316
(4) Any person or entity violating the provisions of this 1317
section, upon conviction, shall be guilty of a misdemeanor and 1318
fined not more than One Thousand Dollars ($1,000.00) or imprisoned 1319
for not less than one (1) year, or both. 1320
(5) The provisions of this section shall not apply to: 1321
(a) Any lawful activity that is conducted for the 1322
primary purpose of entertaining children under the age of eighteen 1323
(18) years, during which money is paid for a token or chip that is 1324
used to play an electronic or other game, with the winner of the 1325
game earning tickets that can be exchanged for prizes; 1326
(b) Any lawful marketing promotion, contest, prize or 1327
sweepstakes that is designed to attract consumer attention to a 1328
specific product or service which is offered for sale by the 1329
manufacturer, distributor, vendor or retailer of the product or 1330
service; or 1331
(c) Any promotional activity as defined in Section 1332
75-76-5 that is conducted by a gaming licensee. 1333
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SECTION 24. Section 97-33-25, Mississippi Code of 1972, is 1334
amended as follows: 1335
97-33-25. If any person shall sell or buy, either directly 1336
or indirectly, any chance in what is commonly called pool, upon 1337
any event whatever, or shall in any manner engage in such business 1338
or pastime, he shall be fined not more than Five Hundred Dollars 1339
($500.00) or shall be imprisoned in the county jail not more than 1340
ninety (90) days; provided, however, this section shall not apply 1341
to betting, gaming or wagering: 1342
(a) On a cruise vessel as defined in Section 27-109-1 1343
whenever such vessel is in the waters within the State of 1344
Mississippi, which lie adjacent to the State of Mississippi south 1345
of the three (3) most southern counties in the State of 1346
Mississippi, including the Mississippi Sound, St. Louis Bay, 1347
Biloxi Bay and Pascagoula Bay, and in which the registered voters 1348
of the county in which the port is located have not voted to 1349
prohibit such betting, gaming or wagering on cruise vessels as 1350
provided in Section 19-3-79; 1351
(b) In a structure located in whole or in part on shore 1352
in any of the three (3) most southern counties in the State of 1353
Mississippi in which the registered voters of the county have 1354
voted to allow such betting, gaming or wagering on cruise vessels 1355
as provided in Section 19-3-79, if: 1356
(i) The structure is owned, leased or controlled 1357
by a person possessing a gaming license, as defined in Section 1358
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75-76-5, to conduct legal gaming on a cruise vessel under 1359
paragraph (a) of this section; 1360
(ii) The part of the structure in which licensed 1361
gaming activities are conducted is located entirely in an area 1362
which is located no more than eight hundred (800) feet from the 1363
mean high-water line (as defined in Section 29-15-1) of the waters 1364
within the State of Mississippi, which lie adjacent to the State 1365
of Mississippi south of the three (3) most southern counties in 1366
the State of Mississippi, including the Mississippi Sound, St. 1367
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 1368
Harrison County only, no farther north than the southern boundary 1369
of the right-of-way for U.S. Highway 90, whichever is greater; and 1370
(iii) In the case of a structure that is located 1371
in whole or part on shore, the part of the structure in which 1372
licensed gaming activities are conducted shall lie adjacent to 1373
state waters south of the three (3) most southern counties in the 1374
State of Mississippi, including the Mississippi Sound, St. Louis 1375
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 1376
structure is located consists of a parcel of real property, 1377
easements and rights-of-way for public streets and highways shall 1378
not be construed to interrupt the contiguous nature of the parcel, 1379
nor shall the footage contained within the easements and 1380
rights-of-way be counted in the calculation of the distances 1381
specified in subparagraph (ii) * * *; 1382
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(c) On a vessel as defined in Section 27-109-1 whenever 1383
such vessel is on the Mississippi River or navigable waters within 1384
any county bordering on the Mississippi River, and in which the 1385
registered voters of the county in which the port is located have 1386
not voted to prohibit such betting, gaming or wagering on vessels 1387
as provided in Section 19-3-79; or 1388
(d) That is legal under the laws of the State of 1389
Mississippi. 1390
SECTION 25. Section 97-33-1, Mississippi Code of 1972, is 1391
brought forward as follows: 1392
97-33-1. Except as otherwise provided in Section 97-33-8, if 1393
any person shall encourage, promote or play at any game, play or 1394
amusement, other than a fight or fighting match between dogs, for 1395
money or other valuable thing, or shall wager or bet, promote or 1396
encourage the wagering or betting of any money or other valuable 1397
things, upon any game, play, amusement, cockfight, Indian ball 1398
play or duel, other than a fight or fighting match between dogs, 1399
or upon the result of any election, event or contingency whatever, 1400
upon conviction thereof, he shall be fined in a sum not more than 1401
Five Hundred Dollars ($500.00); and, unless such fine and costs be 1402
immediately paid, shall be imprisoned for any period not more than 1403
ninety (90) days. However, this section shall not apply to 1404
betting, gaming or wagering: 1405
(a) On a cruise vessel as defined in Section 27-109-1 1406
whenever such vessel is in the waters within the State of 1407
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Mississippi, which lie adjacent to the State of Mississippi south 1408
of the three (3) most southern counties in the State of 1409
Mississippi, including the Mississippi Sound, St. Louis Bay, 1410
Biloxi Bay and Pascagoula Bay, and in which the registered voters 1411
of the county in which the port is located have not voted to 1412
prohibit such betting, gaming or wagering on cruise vessels as 1413
provided in Section 19-3-79; 1414
(b) In a structure located, in whole or in part, on 1415
shore in any of the three (3) most southern counties in the State 1416
of Mississippi in which the registered voters of the county have 1417
voted to allow such betting, gaming or wagering on cruise vessels 1418
as provided in Section 19-3-79, if: 1419
(i) The structure is owned, leased or controlled 1420
by a person possessing a gaming license, as defined in Section 1421
75-76-5, to conduct legal gaming on a cruise vessel under 1422
paragraph (a) of this section; 1423
(ii) The part of the structure in which licensed 1424
gaming activities are conducted is located entirely in an area 1425
which is located no more than eight hundred (800) feet from the 1426
mean high-water line (as defined in Section 29-15-1) of the waters 1427
within the State of Mississippi, which lie adjacent to the State 1428
of Mississippi south of the three (3) most southern counties in 1429
the State of Mississippi, including the Mississippi Sound, St. 1430
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 1431
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Harrison County only, no farther north than the southern boundary 1432
of the right-of-way for U.S. Highway 90, whichever is greater; and 1433
(iii) In the case of a structure that is located 1434
in whole or part on shore, the part of the structure in which 1435
licensed gaming activities are conducted shall lie adjacent to 1436
state waters south of the three (3) most southern counties in the 1437
State of Mississippi, including the Mississippi Sound, St. Louis 1438
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 1439
structure is located consists of a parcel of real property, 1440
easements and rights-of-way for public streets and highways shall 1441
not be construed to interrupt the contiguous nature of the parcel, 1442
nor shall the footage contained within the easements and 1443
rights-of-way be counted in the calculation of the distances 1444
specified in subparagraph (ii); 1445
(c) On a vessel as defined in Section 27-109-1 whenever 1446
such vessel is on the Mississippi River or navigable waters within 1447
any county bordering on the Mississippi River, and in which the 1448
registered voters of the county in which the port is located have 1449
not voted to prohibit such betting, gaming or wagering on vessels 1450
as provided in Section 19-3-79; or 1451
(d) That is legal under the laws of the State of 1452
Mississippi. 1453
SECTION 26. Section 97-33-7, Mississippi Code of 1972, is 1454
brought forward as follows: 1455
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97-33-7. (1) Except as otherwise provided in Section 1456
97-33-8, it shall be unlawful for any person or persons, firm, 1457
copartnership or corporation to have in possession, own, control, 1458
display, or operate any cane rack, knife rack, artful dodger, 1459
punch board, roll down, merchandise wheel, slot machine, pinball 1460
machine, or similar device or devices. Provided, however, that 1461
this section shall not be so construed as to make unlawful the 1462
ownership, possession, control, display or operation of any 1463
antique coin machine as defined in Section 27-27-12, or any music 1464
machine or bona fide automatic vending machine where the purchaser 1465
receives exactly the same quantity of merchandise on each 1466
operation of said machine. Any slot machine other than an antique 1467
coin machine as defined in Section 27-27-12 which delivers, or is 1468
so constructed as that by operation thereof it will deliver to the 1469
operator thereof anything of value in varying quantities, in 1470
addition to the merchandise received, and any slot machine other 1471
than an antique coin machine as defined in Section 27-27-12 that 1472
is constructed in such manner as that slugs, tokens, coins or 1473
similar devices are, or may be, used and delivered to the operator 1474
thereof in addition to merchandise of any sort contained in such 1475
machine, is hereby declared to be a gambling device, and shall be 1476
deemed unlawful under the provisions of this section. Provided, 1477
however, that pinball machines which do not return to the operator 1478
or player thereof anything but free additional games or plays 1479
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shall not be deemed to be gambling devices, and neither this 1480
section nor any other law shall be construed to prohibit same. 1481
(2) No property right shall exist in any person, natural or 1482
artificial, or be vested in such person, in any or all of the 1483
devices described herein that are not exempted from the provisions 1484
of this section; and all such devices are hereby declared to be at 1485
all times subject to confiscation and destruction, and their 1486
possession shall be unlawful, except when in the possession of 1487
officers carrying out the provisions of this section. It shall be 1488
the duty of all law enforcing officers to seize and immediately 1489
destroy all such machines and devices. 1490
(3) A first violation of the provisions of this section 1491
shall be deemed a misdemeanor, and the party offending shall, upon 1492
conviction, be fined in any sum not exceeding Five Hundred Dollars 1493
($500.00), or imprisoned not exceeding three (3) months, or both, 1494
in the discretion of the court. In the event of a second 1495
conviction for a violation of any of the provisions of this 1496
section, the party offending shall be subject to a sentence of not 1497
less than six (6) months in the county jail, nor more than two (2) 1498
years in the State Penitentiary, in the discretion of the trial 1499
court. 1500
(4) Notwithstanding any provision of this section to the 1501
contrary, it shall not be unlawful to operate any equipment or 1502
device described in subsection (1) of this section or any gaming, 1503
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gambling or similar device or devices by whatever name called 1504
while: 1505
(a) On a cruise vessel as defined in Section 27-109-1 1506
whenever such vessel is in the waters within the State of 1507
Mississippi, which lie adjacent to the State of Mississippi south 1508
of the three (3) most southern counties in the State of 1509
Mississippi, including the Mississippi Sound, St. Louis Bay, 1510
Biloxi Bay and Pascagoula Bay, and in which the registered voters 1511
of the county in which the port is located have not voted to 1512
prohibit such betting, gaming or wagering on cruise vessels as 1513
provided in Section 19-3-79; 1514
(b) In a structure located, in whole or in part, on 1515
shore in any of the three (3) most southern counties in the State 1516
of Mississippi in which the registered voters of the county have 1517
voted to allow such betting, gaming or wagering on cruise vessels 1518
as provided in Section 19-3-79, if: 1519
(i) The structure is owned, leased or controlled 1520
by a person possessing a gaming license, as defined in Section 1521
75-76-5, to conduct legal gaming on a cruise vessel under 1522
paragraph (a) of this subsection; 1523
(ii) The part of the structure in which licensed 1524
gaming activities are conducted is located entirely in an area 1525
which is located no more than eight hundred (800) feet from the 1526
mean high-water line (as defined in Section 29-15-1) of the waters 1527
within the State of Mississippi, which lie adjacent to the State 1528
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of Mississippi south of the three (3) most southern counties in 1529
the State of Mississippi, including the Mississippi Sound, St. 1530
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 1531
Harrison County only, no farther north than the southern boundary 1532
of the right-of-way for U.S. Highway 90, whichever is greater; and 1533
(iii) In the case of a structure that is located 1534
in whole or part on shore, the part of the structure in which 1535
licensed gaming activities are conducted shall lie adjacent to 1536
state waters south of the three (3) most southern counties in the 1537
State of Mississippi, including the Mississippi Sound, St. Louis 1538
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 1539
structure is located consists of a parcel of real property, 1540
easements and rights-of-way for public streets and highways shall 1541
not be construed to interrupt the contiguous nature of the parcel, 1542
nor shall the footage contained within the easements and 1543
rights-of-way be counted in the calculation of the distances 1544
specified in subparagraph (ii); 1545
(c) On a vessel as defined in Section 27-109-1 whenever 1546
such vessel is on the Mississippi River or navigable waters within 1547
any county bordering on the Mississippi River, and in which the 1548
registered voters of the county in which the port is located have 1549
not voted to prohibit such betting, gaming or wagering on vessels 1550
as provided in Section 19-3-79; or 1551
(d) That is legal under the laws of the State of 1552
Mississippi. 1553
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(5) Notwithstanding any provision of this section to the 1554
contrary, it shall not be unlawful (a) to own, possess, repair or 1555
control any gambling device, machine or equipment in a licensed 1556
gaming establishment or on the business premises appurtenant to 1557
any such licensed gaming establishment during any period of time 1558
in which such licensed gaming establishment is being constructed, 1559
repaired, maintained or operated in this state; (b) to install any 1560
gambling device, machine or equipment in any licensed gaming 1561
establishment; (c) to possess or control any gambling device, 1562
machine or equipment during the process of procuring or 1563
transporting such device, machine or equipment for installation on 1564
any such licensed gaming establishment; or (d) to store in a 1565
warehouse or other storage facility any gambling device, machine, 1566
equipment, or part thereof, regardless of whether the county or 1567
municipality in which the warehouse or storage facility is located 1568
has approved gaming aboard cruise vessels or vessels, provided 1569
that such device, machine or equipment is operated only in a 1570
county or municipality that has approved gaming aboard cruise 1571
vessels or vessels. Any gambling device, machine or equipment 1572
that is owned, possessed, controlled, installed, procured, 1573
repaired, transported or stored in accordance with this subsection 1574
shall not be subject to confiscation, seizure or destruction, and 1575
any person, firm, partnership or corporation which owns, 1576
possesses, controls, installs, procures, repairs, transports or 1577
stores any gambling device, machine or equipment in accordance 1578
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with this subsection shall not be subject to any prosecution or 1579
penalty under this section. Any person constructing or repairing 1580
such cruise vessels or vessels within a municipality shall comply 1581
with all municipal ordinances protecting the general health or 1582
safety of the residents of the municipality. 1583
SECTION 27. Section 7-11-11, Mississippi Code of 1972, is 1584
brought forward as follows: 1585
7-11-11. The Secretary of State shall have charge of the 1586
swamp and the overflowed lands and indemnity lands in lieu 1587
thereof, the internal improvement lands, the lands forfeited to 1588
the state for nonpayment of taxes after the time allowed by law 1589
for redemption shall have expired, and of all other public lands 1590
belonging to or under the control of the state. The regulation, 1591
sale and disposition of all such lands shall be made through the 1592
Secretary of State's office. 1593
The Secretary of State shall sign all conveyances and leases 1594
of any and all state-owned lands and shall record same in a book 1595
kept in his office for such purposes. 1596
SECTION 28. Section 29-1-107, Mississippi Code of 1972, is 1597
brought forward as follows: 1598
29-1-107. (1) The Secretary of State with the approval of 1599
the Governor shall, as far as practicable, rent or lease all lands 1600
belonging to the state, except as otherwise provided by law for a 1601
period of not exceeding one (1) year, and account for the rents 1602
therefrom in the same manner as money received from the sale of 1603
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state lands, provided that no state land shall be rented or leased 1604
to individuals, corporations, partnerships, or association of 1605
persons for hunting or fishing purposes. Property belonging to 1606
the state in municipalities, even though it may have been 1607
subdivided into lots, blocks, divisions, or otherwise escheated or 1608
was sold to the state by such description, may likewise be leased 1609
or rented by the Secretary of State under the terms provided above 1610
for other state lands, and the rents accounted for in the same 1611
manner. The state shall have all the liens, rights and remedies 1612
accorded to landlords in Sections 89-7-1 through 89-7-125; said 1613
leases and rental contracts shall automatically terminate on the 1614
date provided in said leases or contracts. 1615
(2) (a) The Secretary of State, with the approval of the 1616
Governor, may rent or lease surface lands, tidelands or submerged 1617
lands owned or controlled by the State of Mississippi lying in or 1618
adjacent to the Mississippi Sound or Gulf of Mexico or streams 1619
emptying therein, for a period not exceeding forty (40) years for 1620
rental payable to the state annually. However, the term of any 1621
lease of state public trust tidelands to a person possessing a 1622
license under the Mississippi Gaming Control Act shall be governed 1623
by the provisions of subsection (4) of this section. 1624
(b) The lessee under such agreement may construct such 1625
necessary items for marking channels, docking, wharfing, mooring 1626
or fleeting vessels which shall be in aid of navigation and not 1627
obstructions thereto. 1628
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(c) A lessee of record may be given the option to renew 1629
for an additional period not to exceed twenty-five (25) years; 1630
however, the term of a renewal for a lease of state public trust 1631
tidelands to a person possessing a gaming license under the 1632
Mississippi Gaming Control Act shall be governed by the provisions 1633
of subsection (4) of this section. The holder of a lease of 1634
Public Trust Tidelands, at the expiration thereof, shall have a 1635
prior right, exclusive of all other persons, to re-lease as may be 1636
agreed upon between the holder of the lease and the Secretary of 1637
State. 1638
(d) Leases shall provide for review and rent 1639
adjustments at each fifth anniversary tied either to the All Urban 1640
Consumer Price Index-All Items (CPI) or to an appraisal which 1641
deducts the value of any improvements by the lessee which 1642
substantially enhance the value of the land. In the case where 1643
the initial rental was based on the value set by the ad valorem 1644
tax rolls, then the rent review and adjustment clause shall be 1645
likewise based on the value set by such tax rolls. In the event 1646
that the lessor and lessee cannot agree on a rental amount, the 1647
lease may be cancelled at the option of the lessor. The lessee 1648
shall, within thirty (30) days after execution of a sublease or 1649
assignment, file a copy thereof, including the total consideration 1650
therefor, with the Secretary of State. This paragraph shall not 1651
apply to a lease of state public trust tidelands or submerged 1652
lands to a person possessing a gaming license under the 1653
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Mississippi Gaming Control Act who operates a gaming establishment 1654
on such tidelands. 1655
(3) Provided, however, the current occupants of public trust 1656
tidelands that were developed after the determinable mean 1657
high-water line nearest the effective date of the Coastal Wetlands 1658
Protection Law shall pay an annual rental based on the fair market 1659
value as determined by the assessed valuation of the property. 1660
The holder of a lease of Public Trust Tidelands, at the expiration 1661
thereof, shall have a prior right, exclusive of all other persons, 1662
to re-lease as may be agreed upon between the holder of the lease 1663
and the Secretary of State. 1664
(4) (a) This section shall apply to any person possessing a 1665
license under the Mississippi Gaming Control Act who operates a 1666
gaming establishment in any of the three (3) most southern 1667
counties of the state. 1668
(b) The following shall apply to all leases of state 1669
public trust tidelands executed by such a licensee: 1670
(i) Every lease executed after August 29, 2005, 1671
shall be for a period of thirty (30) years for rental payable to 1672
the state annually. 1673
(ii) By operation of this section, any lease 1674
executed before August 29, 2005, may, at the option of the lessee, 1675
either remain at the term stated in the original execution of the 1676
lease or be converted to a thirty-year term lease, beginning on 1677
such date after August 29, 2005, that the lessee either resumes or 1678
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begins permanent gaming activities as approved by the Mississippi 1679
Gaming Commission, and the lessee shall be required to comply with 1680
all other provisions of the lease. Should the lessee choose to 1681
operate in a structure that is not on state public trust tidelands 1682
and that is on property contiguous to tidelands leased by the 1683
lessee, the lessee shall be required to comply with all other 1684
provisions of the lease and shall be exempt from the assessment 1685
provided for in paragraph (c) of this subsection. Easements for 1686
and rights-of-way for public streets and highways shall not be 1687
construed to interrupt the contiguous nature of a parcel of 1688
property. In the event that a lessee does not elect either to 1689
remain bound by the original term of the lease or to convert the 1690
lease to a thirty-year term, the Secretary of State may lease the 1691
state public trust tidelands that are the subject of the lease to 1692
any other person or entity. 1693
(iii) Leases shall provide for review and rent 1694
adjustments at each annual anniversary tied to the All Urban 1695
Consumer Price Index-All Items (CPI). In the case of the renewal 1696
of a lease after the expiration of the original thirty-year term 1697
under this subsection, each renewal shall be for a term of thirty 1698
(30) years. The base rate to which the CPI shall apply for 1699
purposes of executing the subsequent lease shall be negotiated by 1700
the lessee with the Secretary of State. 1701
(c) (i) Except as otherwise provided in this 1702
paragraph, any person possessing a license under the Mississippi 1703
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Gaming Control Act who does not lease public trust tidelands from 1704
the state or any of its political subdivisions, and who operates a 1705
gaming establishment in any of the three (3) most southern 1706
counties of the state, shall pay an annual in-lieu tidelands 1707
assessment to the Public Trust Tidelands Assessments Fund 1708
(hereinafter referred to as "fund") created in Section 29-15-10, 1709
in the amount and manner provided for in this paragraph. 1710
For calendar year 2006, the annual in-lieu tidelands 1711
assessment paid by the licensee to the fund shall be: 1712
1. Four Hundred Thousand Dollars 1713
($400,000.00), if the capital investment in the part of the 1714
structure in which licensed gaming activities are conducted is 1715
Fifty Million Dollars ($50,000,000.00) or less. 1716
2. Four Hundred Fifty Thousand Dollars 1717
($450,000.00), if the capital investment in the part of the 1718
structure in which licensed gaming activities are conducted is 1719
equal to or more than Fifty Million Dollars ($50,000,000.00) but 1720
less than Sixty Million Dollars ($60,000,000.00). 1721
3. Five Hundred Thousand Dollars 1722
($500,000.00), if the capital investment in the part of the 1723
structure in which licensed gaming activities are conducted is 1724
equal to or more than Sixty Million Dollars ($60,000,000.00) but 1725
less than Seventy-five Million Dollars ($75,000,000.00). 1726
4. Six Hundred Thousand Dollars 1727
($600,000.00), if the capital investment in the part of the 1728
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structure in which licensed gaming activities are conducted is 1729
equal to or more than Seventy-five Million Dollars 1730
($75,000,000.00) but less than One Hundred Million Dollars 1731
($100,000,000.00). 1732
5. Seven Hundred Thousand Dollars 1733
($700,000.00), if the capital investment in the part of the 1734
structure in which licensed gaming activities are conducted is 1735
equal to or more than One Hundred Million Dollars 1736
($100,000,000.00) but less than One Hundred Twenty-five Million 1737
Dollars ($125,000,000.00). 1738
6. Seven Hundred Fifty Thousand Dollars 1739
($750,000.00), if the capital investment in the part of the 1740
structure in which licensed gaming activities are conducted is 1741
equal to or more than One Hundred Twenty-five Million Dollars 1742
($125,000,000.00). 1743
For each calendar year thereafter, the Secretary of State 1744
shall review and adjust the value of the capital investment and 1745
the annual in-lieu tidelands assessment due. Such review and 1746
adjustment shall be tied to the CPI. 1747
(ii) This paragraph shall not apply to a gaming 1748
licensee if the licensee conducts gaming in a structure that is 1749
located on property that is leased from the Mississippi State Port 1750
at Gulfport or any political subdivision of the state, or to a 1751
licensee who conducts gaming in a structure that is located on 1752
property that is leased to the licensee jointly by the State of 1753
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Mississippi and the City of Biloxi; however, with regard to 1754
property owned by a political subdivision of the state, this 1755
exception shall only apply to property owned by the political 1756
subdivision on August 29, 2005, if legal gaming could have been 1757
conducted on such property on that date. 1758
(iii) This paragraph shall not apply to a gaming 1759
licensee if the licensee conducts gaming in a structure that is 1760
located on property that is not leased from the State of 1761
Mississippi and/or a political subdivision of the State of 1762
Mississippi and is not on state public trust tidelands, and if the 1763
licensee conducted gaming on that property before August 29, 2005. 1764
SECTION 29. Section 29-15-1, Mississippi Code of 1972, is 1765
brought forward as follows: 1766
29-15-1. (a) "Commission" means the Mississippi Commission 1767
on Marine Resources. 1768
(b) "Local tidal datum" means the datum established for a 1769
specific tide station through the use of tidal observations made 1770
at that station. 1771
(c) "Mean high water" means the arithmetic mean of all the 1772
high waters occurring in a particular nineteen-year tidal epoch 1773
period; or for a shorter period of time after corrections are 1774
applied to the short term observations to reduce these values to 1775
the equivalent nineteen-year value. 1776
(d) "Mean high water line" means the intersection of the 1777
tidal datum plane of mean high water with the shore. 1778
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(e) "Mean high water survey" means a survey of the 1779
intersection of the shoreline with the tidal datum plane of mean 1780
high water using local tidal datums and surveying methodologies 1781
approved by the commission. Methodologies shall include but not 1782
be limited to the "staking method," "the topographic method" and 1783
"tide coordinated aerial photography." 1784
(f) "National map accuracy standards" means a set of 1785
guidelines published by the Office of Management and Budget of the 1786
United States to which maps produced by the United States 1787
government adhere. 1788
(g) "Submerged lands" means lands which remain covered by 1789
waters, where the tides ebb and flow, at ordinary low tides. 1790
(h) "Tidelands" means those lands which are daily covered 1791
and uncovered by water by the action of the tides, up to the mean 1792
line of the ordinary high tides. 1793
SECTION 30. Section 29-15-3, Mississippi Code of 1972, is 1794
brought forward as follows: 1795
29-15-3. (1) It is declared to be the public policy of this 1796
state to favor the preservation of the natural state of the public 1797
trust tidelands and their ecosystems and to prevent the 1798
despoliation and destruction of them, except where a specific 1799
alteration of specific public trust tidelands would serve a higher 1800
public interest in compliance with the public purposes of the 1801
public trust in which such tidelands are held. 1802
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(2) It is hereby declared to be a higher public purpose of 1803
this state and the public tidelands trust to resolve the 1804
uncertainty and disputes which have arisen as to the location of 1805
the boundary between the state's public trust tidelands and the 1806
upland property and to confirm the mean high water boundary line 1807
as determined by the Mississippi Supreme Court, the laws of this 1808
state and this chapter. 1809
SECTION 31. Section 29-15-5, Mississippi Code of 1972, is 1810
brought forward as follows: 1811
29-15-5. (1) Tidelands and submerged lands are held by the 1812
state in trust for use of all the people, and are so held in their 1813
character as the beds and shores of the sea and its tidally 1814
affected arms and tributaries for the purposes defined by common 1815
law and statutory law. Littoral and riparian property owners have 1816
common law and statutory rights under the Coastal Wetlands 1817
Protection Law which extend into the waters and beyond the low 1818
tide line, and the state's responsibilities as trustee extends to 1819
such owners as well as to the other members of the public. 1820
(2) Residential property owners shall not be required to 1821
obtain a tidelands lease for exercising their common law and 1822
statutory littoral and riparian rights. 1823
SECTION 32. Section 29-15-9, Mississippi Code of 1972, is 1824
brought forward as follows: 1825
29-15-9. (1) There is created in the State Treasury a 1826
special fund to be known as the "Public Trust Tidelands Fund." 1827
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The fund shall be administered by the Secretary of State as 1828
trustee. 1829
(2) Any funds derived from lease rentals of tidelands and 1830
submerged lands, except those funds derived from mineral leases, 1831
or funds previously specifically designated to be applied to other 1832
agencies, shall be transferred to the special fund. However, 1833
funds derived from lease rentals may be used to cover the 1834
administrative cost incurred by the Secretary of State. Any 1835
remaining funds derived from lease rentals shall be disbursed pro 1836
rata to the local taxing authorities for the replacement of lost 1837
ad valorem taxes, if any. Then, any remaining funds shall be 1838
disbursed to the commission for new and extra programs of 1839
tidelands management, such as conservation, reclamation, 1840
preservation, acquisition, education or the enhancement of public 1841
access to the public trust tidelands or public improvement 1842
projects as they relate to those lands. 1843
(3) Any funds that are appropriated as separate line items 1844
in an appropriation bill for tideland programs or projects 1845
authorized under this section for political subdivisions or other 1846
agencies shall be disbursed as provided in this subsection. 1847
(a) The Department of Marine Resources shall make 1848
progress payments in installments based on the work completed and 1849
material used in the performance of a tidelands project only after 1850
receiving written verification from the political subdivision or 1851
agency. The political subdivision or agency shall submit 1852
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verification of the work completed or materials in such detail and 1853
form that the department may require. 1854
(b) The Department of Marine Resources shall make funds 1855
available for the purpose of using such funds as a match or 1856
leverage for federal or other funds that are available for the 1857
designated tidelands project. 1858
SECTION 33. Section 29-15-10, Mississippi Code of 1972, is 1859
brought forward as follows: 1860
29-15-10. (1) There is created in the State Treasury a 1861
special fund to be known as the "Public Trust Tidelands 1862
Assessments Fund." The purpose of the fund is to ensure that 1863
monies derived from the public trust tidelands assessments shall 1864
be used for the benefit of preserving and protecting the tidelands 1865
and submerged lands found within the three (3) most southern 1866
counties of the state. One (1) specific purpose of the fund is to 1867
ensure that the annual payment made by the state for the purchase 1868
of Deer Island shall continue uninterrupted until the purchase 1869
transaction is completed. The fund shall be administered by the 1870
Secretary of State, as trustee. None of the funds that are in the 1871
special fund or that are required to be deposited into the special 1872
fund shall be transferred, diverted or in any other manner 1873
expended or used for any purpose other than those purposes 1874
specified in this section. 1875
(2) (a) Any funds derived from assessments made pursuant to 1876
Section 29-1-107(4)(c) shall be deposited into the special fund. 1877
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(b) Funds paid pursuant to paragraph (a) of this 1878
subsection may be appropriated by the Legislature in an amount 1879
necessary to cover the administrative cost incurred by the 1880
Mississippi Commission on Marine Resources. Any remaining funds 1881
shall be disbursed by the commission for new and extra programs of 1882
tidelands management, such as conservation, reclamation, 1883
preservation, acquisition, education or the enhancement of public 1884
access to the public trust tidelands or public improvement 1885
projects as they relate to those lands. 1886
(3) Any funds that are appropriated as separate line items 1887
in an appropriation bill for tideland programs or projects 1888
authorized under this section for political subdivisions or other 1889
agencies shall be disbursed as provided in this subsection. 1890
(a) The Department of Marine Resources shall make 1891
progress payments in installments based on the work completed and 1892
material used in the performance of a tidelands project only after 1893
receiving written verification from the political subdivision or 1894
agency. The political subdivision or agency shall submit 1895
verification of the work completed or materials in such detail and 1896
form that the department may require. 1897
(b) The Department of Marine Resources shall make funds 1898
available for the purpose of using such funds as a match or 1899
leverage for federal or other funds that are available for the 1900
designated tidelands project. 1901
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SECTION 34. Section 29-15-13, Mississippi Code of 1972, is 1902
brought forward as follows: 1903
29-15-13. All public projects of any federal, state or local 1904
governmental entity which serve a higher public purpose of 1905
promoting the conservation, reclamation, preservation of the 1906
tidelands and submerged lands, public use for fishing, recreation 1907
or navigation, or the enhancement of public access to such lands 1908
shall be exempt from any use or rental fees. 1909
SECTION 35. Section 59-7-405, Mississippi Code of 1972, is 1910
brought forward as follows: 1911
59-7-405. (1) (a) The governing authorities of any 1912
municipality in which there is situated and located, in whole or 1913
in part, a port or harbor through which commerce flows, and having 1914
not less than eight (8) industries engaged in the seafood 1915
industry, which maintains a channel and/or harbor to a depth of 1916
not less than eight (8) feet, may engage in, either directly or 1917
through the commission hereinafter provided and designated, and 1918
such other agencies as hereafter may be provided by law, works of 1919
internal improvement, or promoting, developing, constructing, 1920
maintaining and operating harbors or seaports within the state and 1921
its jurisdiction, and either directly or through the commission 1922
hereinafter provided for, with the power and authority to acquire, 1923
purchase, install, rent, lease, mortgage and/or otherwise 1924
encumber, to construct, own, hold, maintain, equip, use, control 1925
and operate at seaports or harbors, wharves, piers, docks, 1926
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warehouses, cold storage facilities, water and rail terminals, 1927
airplane landing fields and strips, and other structures and 1928
facilities, needful for the convenient use of the same in the aid 1929
of commerce and navigation, and including the dredging of channels 1930
and approaches to the facilities, and being authorized to fill in 1931
and reclaim bottomlands where incidental and necessary to the 1932
foregoing development. 1933
(b) A municipality, which is operating a port through a 1934
port commission under this section, may dissolve the port 1935
commission as provided in Section 59-7-408 and directly operate 1936
and maintain the port as provided under this article. 1937
(2) The municipal authorities or commission, in connection 1938
with the exercise of the foregoing works of improvement and 1939
development, may as an adjunct to any such work of improvement or 1940
development to erect or construct such bridges, causeways or 1941
structures as may be required for access to and from the harbors 1942
or facilities provided as aforesaid by the municipal authorities 1943
or the commission, and including any necessary bridge or causeway 1944
or combination of the same, connecting with any island or islands 1945
lying within three (3) leagues of the main shoreline of the 1946
Mississippi Sound or the Gulf of Mexico, and whether the same be 1947
within or without the limits of the municipality concerned. 1948
(3) The municipal authorities or commission may procure, by 1949
gift, grant, purchase, or by the exercise of eminent domain, and 1950
for the public purposes and uses herein provided for, such land or 1951
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interest therein as may be required for the purposes of this 1952
article, and regardless of whether the land be within or without 1953
the limits of the municipality involved. 1954
(4) The municipal authorities or commission, in the exercise 1955
of the powers granted hereunder, may provide any of the aforesaid 1956
facilities alone or in collaboration and in conjunction with any 1957
other public bodies, entities or commissions, as may now or 1958
hereafter be established by law. 1959
(5) The municipal authorities or commission may provide, 1960
among other harbor facilities, small craft and pleasure craft 1961
harbors and facilities needed therefor, including park and 1962
recreational facilities as an adjunct thereto, and in order to 1963
develop and promote tourist and recreational trade in the port. 1964
(6) The municipal authorities or commission have the power 1965
and authority to carry out the provisions of this article, to 1966
employ engineers, attorneys, and such employees as may be 1967
necessary in carrying out the provisions of this article, from 1968
time to time, and for the purpose of operating the facilities 1969
herein provided for, and may prescribe reasonable compensation in 1970
connection with such employment. 1971
SECTION 36. Section 59-15-1, Mississippi Code of 1972, is 1972
amended as follows: 1973
59-15-1. The authorities of any city in this state which has 1974
a population of ten thousand (10,000) or more, according to the 1975
last official government census, and the authorities of any 1976
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municipality bordering on the Mississippi Sound or Gulf of Mexico 1977
are hereby given the authority to acquire by purchase, deed, 1978
donation, gift, grant, reclamation, lease, dedication, or 1979
otherwise, land, harbor sites or water frontage for the purpose of 1980
establishing, developing, promoting, maintaining, and operating 1981
harbors for small water crafts and recreational parks connected 1982
therewith within its territorial limits, or both, and shall have 1983
the power to acquire, purchase, install, rent, lease, mortgage, 1984
incumber, construct, own, hold, maintain, equip, use, control and 1985
operate recreational parks and harbors for small water craft. 1986
SECTION 37. Section 75-76-67, Mississippi Code of 1972, is 1987
brought forward as follows: 1988
75-76-67. (1) Any person who the commission determines is 1989
qualified to receive a license or be found suitable under the 1990
provisions of this chapter, having due consideration for the 1991
proper protection of the health, safety, morals, good order and 1992
general welfare of the inhabitants of the State of Mississippi and 1993
the declared policy of this state, may be issued a state gaming 1994
license or found suitable. The burden of proving his 1995
qualification to receive any license or be found suitable is on 1996
the applicant. 1997
(2) An application to receive a license or be found suitable 1998
shall not be granted unless the commission is satisfied that the 1999
applicant is: 2000
(a) A person of good character, honesty and integrity; 2001
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(b) A person whose prior activities, criminal record, 2002
if any, reputation, habits and associations do not pose a threat 2003
to the public interest of this state or to the effective 2004
regulation and control of gaming, or create or enhance the dangers 2005
of unsuitable, unfair or illegal practices, methods and activities 2006
in the conduct of gaming or the carrying on of the business and 2007
financial arrangements incidental thereto; and 2008
(c) In all other respects qualified to be licensed or 2009
found suitable consistent with the declared laws of the state. 2010
(3) No person shall be granted a license or found suitable 2011
under the provisions of this chapter who has been convicted of a 2012
felony in any court of this state, another state, or the United 2013
States; and no person shall be granted a license or found suitable 2014
hereunder who has been convicted of a crime in any court of 2015
another state or the United States which, if committed in this 2016
state, would be a felony; and no person shall be granted a license 2017
or found suitable under the provisions of this chapter who has 2018
been convicted of a misdemeanor in any court of this state or of 2019
another state, when such conviction was for gambling, sale of 2020
alcoholic beverages to minors, prostitution, or procuring or 2021
inducing individuals to engage in prostitution. 2022
(4) A license to operate a gaming establishment shall not be 2023
granted unless the applicant has satisfied the commission that: 2024
(a) He has adequate business probity, competence and 2025
experience, in gaming or generally; and 2026
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(b) The proposed financing of the entire operation is: 2027
(i) Adequate for the nature of the proposed 2028
operation; and 2029
(ii) From a suitable source. Any lender or other 2030
source of money or credit which the commission finds does not meet 2031
the standards set forth in subsection (2) may be deemed 2032
unsuitable. 2033
(5) An application to receive a license or be found suitable 2034
constitutes a request for a determination of the applicant's 2035
general character, integrity and ability to participate or engage 2036
in, or be associated with gaming. Any written or oral statement 2037
made in the course of an official proceeding of the commission or 2038
the executive director or any witness testifying under oath which 2039
is relevant to the purpose of the proceeding is absolutely 2040
privileged and does not impose liability for defamation or 2041
constitute a ground for recovery in any civil action. 2042
(6) The commission may, in its discretion, grant a license 2043
to a corporation which has complied with the provisions of this 2044
chapter. 2045
(7) The commission may, in its discretion, grant a license 2046
to a limited partnership which has complied with the provisions of 2047
this chapter. 2048
(8) No limited partnership, except one whose sole limited 2049
partner is a publicly traded corporation which has registered with 2050
the commission, or business trust or organization or other 2051
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association of a quasi-corporate character is eligible to receive 2052
or hold any license under this chapter unless all persons having 2053
any direct or indirect interest therein of any nature whatsoever, 2054
whether financial, administrative, policymaking or supervisory, 2055
are individually qualified to be licensed under the provisions of 2056
this chapter. 2057
(9) The commission may, by regulation, limit the number of 2058
persons who may be financially interested and the nature of their 2059
interest in any corporation or other organization or association 2060
licensed under this chapter, and may establish such other 2061
qualifications of licenses as the commission, in its discretion, 2062
deems to be in the public interest and consistent with the 2063
declared policy of the state. 2064
SECTION 38. Section 87-1-5, Mississippi Code of 1972, is 2065
amended as follows: 2066
87-1-5. If any person, by playing at any game whatever, or 2067
by betting on the sides or hands of such as do play at any game, 2068
or by betting on any horse race or cockfight, or at any other 2069
sport or pastime, or by any wager whatever, shall lose any money, 2070
property, or other valuable thing, real or personal, and shall pay 2071
or deliver the same or any part thereof, the person so losing and 2072
paying or delivering the same, or his wife or children, may sue 2073
for and recover such money, property, or other valuable thing so 2074
lost and paid or delivered, or any part thereof, from the person 2075
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knowingly receiving the same, with costs. However, this section 2076
shall not apply to betting, gaming or wagering: 2077
(a) On a cruise vessel as defined in Section 27-109-1 2078
whenever such vessel is in the waters within the State of 2079
Mississippi, which lie adjacent to the State of Mississippi south 2080
of the three (3) most southern counties in the State of 2081
Mississippi, including the Mississippi Sound, St. Louis Bay, 2082
Biloxi Bay and Pascagoula Bay; 2083
(b) In a structure located in whole or in part on shore 2084
in any of the three (3) most southern counties in the State of 2085
Mississippi in which the registered voters of the county have 2086
voted to allow such betting, gaming or wagering on cruise vessels 2087
as provided in Section 19-3-79, if: 2088
(i) The structure is owned, leased or controlled 2089
by a person possessing a gaming license, as defined in Section 2090
75-76-5, to conduct legal gaming on a cruise vessel under 2091
paragraph (a) of this section; 2092
(ii) The part of the structure in which licensed 2093
gaming activities are conducted is located entirely in an area 2094
which is located no more than eight hundred (800) feet from the 2095
mean high-water line (as defined in Section 29-15-1) of the waters 2096
within the State of Mississippi, which lie adjacent to the State 2097
of Mississippi south of the three (3) most southern counties in 2098
the State of Mississippi, including the Mississippi Sound, St. 2099
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 2100
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Harrison County only, no farther north than the southern boundary 2101
of the right-of-way for U.S. Highway 90, whichever is greater; and 2102
(iii) In the case of a structure that is located 2103
in whole or part on shore, the part of the structure in which 2104
licensed gaming activities are conducted shall lie adjacent to 2105
state waters south of the three (3) most southern counties in the 2106
State of Mississippi, including the Mississippi Sound, St. Louis 2107
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 2108
structure is located consists of a parcel of real property, 2109
easements and rights-of-way for public streets and highways shall 2110
not be construed to interrupt the contiguous nature of the parcel, 2111
nor shall the footage contained within the easements and 2112
rights-of-way be counted in the calculation of the distances 2113
specified in subparagraph (ii) * * *; 2114
(c) On a vessel as defined in Section 27-109-1 whenever 2115
such vessel is on the Mississippi River or navigable waters within 2116
any county bordering on the Mississippi River; or 2117
(d) That is legal under the laws of the State of 2118
Mississippi. 2119
SECTION 39. Section 97-33-25, Mississippi Code of 1972, is 2120
amended as follows: 2121
97-33-25. If any person shall sell or buy, either directly 2122
or indirectly, any chance in what is commonly called pool, upon 2123
any event whatever, or shall in any manner engage in such business 2124
or pastime, he shall be fined not more than Five Hundred Dollars 2125
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($500.00) or shall be imprisoned in the county jail not more than 2126
ninety (90) days; provided, however, this section shall not apply 2127
to betting, gaming or wagering: 2128
(a) On a cruise vessel as defined in Section 27-109-1 2129
whenever such vessel is in the waters within the State of 2130
Mississippi, which lie adjacent to the State of Mississippi south 2131
of the three (3) most southern counties in the State of 2132
Mississippi, including the Mississippi Sound, St. Louis Bay, 2133
Biloxi Bay and Pascagoula Bay, and in which the registered voters 2134
of the county in which the port is located have not voted to 2135
prohibit such betting, gaming or wagering on cruise vessels as 2136
provided in Section 19-3-79; 2137
(b) In a structure located in whole or in part on shore 2138
in any of the three (3) most southern counties in the State of 2139
Mississippi in which the registered voters of the county have 2140
voted to allow such betting, gaming or wagering on cruise vessels 2141
as provided in Section 19-3-79, if: 2142
(i) The structure is owned, leased or controlled 2143
by a person possessing a gaming license, as defined in Section 2144
75-76-5, to conduct legal gaming on a cruise vessel under 2145
paragraph (a) of this section; 2146
(ii) The part of the structure in which licensed 2147
gaming activities are conducted is located entirely in an area 2148
which is located no more than eight hundred (800) feet from the 2149
mean high-water line (as defined in Section 29-15-1) of the waters 2150
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within the State of Mississippi, which lie adjacent to the State 2151
of Mississippi south of the three (3) most southern counties in 2152
the State of Mississippi, including the Mississippi Sound, St. 2153
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 2154
Harrison County only, no farther north than the southern boundary 2155
of the right-of-way for U.S. Highway 90, whichever is greater; and 2156
(iii) In the case of a structure that is located 2157
in whole or part on shore, the part of the structure in which 2158
licensed gaming activities are conducted shall lie adjacent to 2159
state waters south of the three (3) most southern counties in the 2160
State of Mississippi, including the Mississippi Sound, St. Louis 2161
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 2162
structure is located consists of a parcel of real property, 2163
easements and rights-of-way for public streets and highways shall 2164
not be construed to interrupt the contiguous nature of the parcel, 2165
nor shall the footage contained within the easements and 2166
rights-of-way be counted in the calculation of the distances 2167
specified in subparagraph (ii) * * *; 2168
(c) On a vessel as defined in Section 27-109-1 whenever 2169
such vessel is on the Mississippi River or navigable waters within 2170
any county bordering on the Mississippi River, and in which the 2171
registered voters of the county in which the port is located have 2172
not voted to prohibit such betting, gaming or wagering on vessels 2173
as provided in Section 19-3-79; or 2174
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(d) That is legal under the laws of the State of 2175
Mississippi. 2176
SECTION 40. Section 97-33-27, Mississippi Code of 1972, is 2177
amended as follows: 2178
97-33-27. If any person shall bet on a horse race or a yacht 2179
race or on a shooting match, he shall be fined not more than Five 2180
Hundred Dollars ($500.00), and, unless the fine and costs be 2181
immediately paid, he shall be imprisoned in the county jail not 2182
more than ninety (90) days; provided, however, this section shall 2183
not apply to betting, gaming or wagering: 2184
(a) On a cruise vessel as defined in Section 27-109-1 2185
whenever such vessel is in the waters within the State of 2186
Mississippi, which lie adjacent to the State of Mississippi south 2187
of the three (3) most southern counties in the State of 2188
Mississippi, including the Mississippi Sound, St. Louis Bay, 2189
Biloxi Bay and Pascagoula Bay, and in which the registered voters 2190
of the county in which the port is located have not voted to 2191
prohibit such betting, gaming or wagering on cruise vessels as 2192
provided in Section 19-3-79; 2193
(b) In a structure located in whole or in part on shore 2194
in any of the three (3) most southern counties in the State of 2195
Mississippi in which the registered voters of the county have 2196
voted to allow such betting, gaming or wagering on cruise vessels 2197
as provided in Section 19-3-79, if: 2198
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(i) The structure is owned, leased or controlled 2199
by a person possessing a gaming license, as defined in Section 2200
75-76-5, to conduct legal gaming on a cruise vessel under 2201
paragraph (a) of this section; 2202
(ii) The part of the structure in which licensed 2203
gaming activities are conducted is located entirely in an area 2204
which is located no more than eight hundred (800) feet from the 2205
mean high-water line (as defined in Section 29-15-1) of the waters 2206
within the State of Mississippi, which lie adjacent to the State 2207
of Mississippi south of the three (3) most southern counties in 2208
the State of Mississippi, including the Mississippi Sound, St. 2209
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 2210
Harrison County only, no farther north than the southern boundary 2211
of the right-of-way for U.S. Highway 90, whichever is greater; and 2212
(iii) In the case of a structure that is located 2213
in whole or part on shore, the part of the structure in which 2214
licensed gaming activities are conducted shall lie adjacent to 2215
state waters south of the three (3) most southern counties in the 2216
State of Mississippi, including the Mississippi Sound, St. Louis 2217
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 2218
structure is located consists of a parcel of real property, 2219
easements and rights-of-way for public streets and highways shall 2220
not be construed to interrupt the contiguous nature of the parcel, 2221
nor shall the footage contained within the easements and 2222
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rights-of-way be counted in the calculation of the distances 2223
specified in subparagraph (ii) * * *; 2224
(c) On a vessel as defined in Section 27-109-1 whenever 2225
such vessel is on the Mississippi River or navigable waters within 2226
any county bordering on the Mississippi River, and in which the 2227
registered voters of the county in which the port is located have 2228
not voted to prohibit such betting, gaming or wagering on vessels 2229
as provided in Section 19-3-79; or 2230
(d) That is legal under the laws of the State of 2231
Mississippi. 2232
SECTION 41. Section 43-19-31, Mississippi Code of 1972, is 2233
amended as follows: 2234
43-19-31. The Department of Human Services is hereby 2235
authorized and empowered to establish a single and separate Child 2236
Support Unit for the following purposes: 2237
(a) To develop and implement a nonsupport and paternity 2238
program and institute proceedings in the name of the Department of 2239
Human Services or in the name of the recipient in any court of 2240
competent jurisdiction in any county where the mother of the child 2241
resides or is found, in the county where the father resides or is 2242
found, or in the county where the child resides or is found; 2243
(b) To secure and collect support by any method 2244
authorized under state law and establish paternity for any child 2245
or children receiving aid from the department any form of public 2246
assistance, including, but not limited to, medical assistance, 2247
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foster care, food stamps, TANF, or any other program under the 2248
federal Social Security Act, from a parent or any other person 2249
legally liable for such support who has either failed or refused 2250
to provide support, deserted, neglected or abandoned the child or 2251
children, including cooperating with other states in establishing 2252
paternity, locating absent parents and securing compliance with 2253
court orders for support of Temporary Assistance for Needy 2254
Families (TANF) children; the department may petition the court 2255
for the inclusion of health insurance as part of any child support 2256
order on behalf of any child receiving aid from the department 2257
unless good cause for noncooperation, as defined by the Social 2258
Security Act or the Mississippi Department of Human Services, is 2259
established. Unless notified to the contrary, whenever a child or 2260
children for whom child support services have been provided ceases 2261
to receive public assistance, the department will continue to 2262
provide services and establish paternity, secure and collect such 2263
support payments from a parent or any other person legally liable 2264
for such support in accordance with the standards prescribed 2265
pursuant to the federal Social Security Act; 2266
(c) To accept applications for child support 2267
enforcement services to establish paternity, secure and collect 2268
support from any proper party or person as defined by Title IV-D 2269
of the federal Social Security Act notwithstanding the fact that 2270
the child or children do not currently receive or have never 2271
received public assistance. The department shall have the 2272
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authority to secure and collect support by any method authorized 2273
under state law and establish paternity for any child or children 2274
on behalf of a recipient of child support services, including 2275
individuals who do not currently receive or have never received 2276
public assistance from a parent or any other person legally liable 2277
for such support who has either failed or refused to provide 2278
support, deserted, neglected or abandoned the child or children, 2279
including cooperating with other states in establishing paternity, 2280
locating absent parents and securing compliance with court orders 2281
for support; the department may petition the court for the 2282
inclusion of health insurance as part of any child support order 2283
on behalf of such recipients of child support services. The 2284
proceeds of any collections resulting from such application shall 2285
be distributed in accordance with the standards prescribed in the 2286
federal Social Security Act; 2287
(d) The department shall seek to recover from the 2288
individual who owes a support obligation to any individual who is 2289
a recipient of Title IV-D services as set forth in paragraph (b) 2290
or (c) on whose behalf the department is providing services, upon 2291
judicial proceedings conducted thereon after advance notice to 2292
such obligor, reasonable attorney's fees and court costs, in 2293
excess of any administrative fees collected and in excess of 2294
amounts of current support owed by the obligor, which the 2295
department incurs in recovering and collecting the support 2296
obligation, such costs and fees as the department recovers to be 2297
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deposited in the Special Fund of the Mississippi Department of 2298
Human Services which is hereby established for the pursuit and 2299
collection of child support; 2300
(e) To initiate contempt of court proceedings or any 2301
other remedial proceedings necessary to enforce (i) any order or 2302
decree of court relating to child support, and (ii) any order or 2303
decree of court relating to the maintenance and/or alimony of a 2304
parent where support collection services on his or her child's 2305
behalf are being provided by the department; 2306
(f) To secure and collect by any method authorized 2307
under state law any maintenance and/or alimony on behalf of a 2308
parent whose child or children's support is being collected by the 2309
department. The department shall collect only such maintenance 2310
and/or alimony as is ordered or decreed by the court, and only in 2311
the event that the minor child and parent to whom such maintenance 2312
and/or alimony has been ordered are living in the same household; 2313
(g) To obtain restitution of monies expended for public 2314
assistance from a parent or any other person legally liable for 2315
the support of any child or children receiving aid from the 2316
department; said action for restitution shall arise from the 2317
payment of public assistance for the dependent child or children 2318
and shall be for the amount of the public assistance paid. Said 2319
action for restitution shall not arise against the parent or other 2320
person legally responsible who receives public assistance for the 2321
benefit of any dependent child or children. When a court order of 2322
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support has been issued, the amount recoverable shall be limited 2323
to the amount of the court order; 2324
(h) Setting off against a debtor's income tax refund or 2325
rebate any debt which is in the form of a liquidated sum due and 2326
owing for the care, support or maintenance of a child; 2327
(i) To have full responsibility in the aforementioned 2328
cases for initiating actions under the Uniform Interstate Family 2329
Support Act and for responding to the actions of other 2330
jurisdictions under said law when Mississippi is the responding 2331
state; however, this shall not impair private litigants' rights to 2332
proceed under any applicable interstate enforcement mechanisms; 2333
(j) To enter into contracts for the purpose of 2334
performing any test which the department may, from time to time, 2335
require; 2336
(k) To maintain a Central Receipting and Disbursement 2337
Unit to which all payments required by withholding orders and 2338
orders for support in all actions to which the Department of Human 2339
Services is a party shall be forwarded, and from which child 2340
support payments ordered by the court in actions to which the 2341
Department of Human Services is a party shall be disbursed to the 2342
custodial parent or other such party as may be designated by the 2343
court order. The Central Receipting and Disbursement Unit shall 2344
be operated by the Department of Human Services or any financial 2345
institution having operations and qualified to do business in 2346
Mississippi, whose deposits are insured by the Federal Deposit 2347
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Insurance Corporation. The department shall conduct cost-benefit 2348
analyses to determine and utilize the more cost efficient manner 2349
of operating the unit; 2350
(l) To maintain a Mississippi Department of Human 2351
Services Case Registry containing records with respect to: 2352
(i) Each case in which services are being provided 2353
by the department under this section; 2354
(ii) Each support order established or modified in 2355
Mississippi on or after October 1, 1998; and 2356
(iii) The Administrative Office of Courts, as 2357
established by Section 9-21-1, Mississippi Code of 1972, in 2358
consultation with the Mississippi Department of Human Services, 2359
shall devise, promulgate and require the use of a Uniform Child 2360
Support Order Tracking System. 2361
1. Information collected from case filing 2362
forms shall be furnished to the Mississippi Department of Human 2363
Services, Division of Child Support Enforcement, in order that 2364
compliance with court-ordered obligations of support may be 2365
tracked with specificity throughout the duration of said 2366
obligations and any subsequent proceedings. 2367
2. Such tracking system shall include: a. 2368
the names, residential and mailing addresses, telephone numbers, 2369
Social Security numbers, driver's license numbers and dates of 2370
birth of each child and parent named in or subject to the court 2371
order; b. the court cause number of the action; c. name, address 2372
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and telephone number of employer; d. any restraining or protective 2373
order indicating domestic violence; and e. any other information 2374
which may be used for the purpose of identifying any person named 2375
in or subject to the order or for the purposes of establishing, 2376
enforcing or modifying a child support order; 2377
(m) To take administrative actions relating to genetic 2378
testing, determine paternity, establish child support orders, 2379
modification of child support orders, income withholding, liens 2380
and subpoenas without the necessity of obtaining an order from any 2381
judicial or other administrative tribunal with respect to cases 2382
initiated or enforced by the department pursuant to Title IV-D of 2383
the Social Security Act; 2384
(n) To have the authority to use high-volume automated 2385
administrative enforcement in interstate cases to the same extent 2386
as used for intrastate cases, in response to a request made by 2387
another state to enforce support orders; 2388
(o) To provide any child support enforcement or other 2389
service as may be required by the United States of America, 2390
Department of Health and Human Services, Family Support 2391
Administration, Office of Child Support Enforcement or their 2392
successor pursuant to federal law or regulation; * * * 2393
(p) To collaborate with the Office of the State 2394
Treasurer in order to identify persons presumed to have unclaimed 2395
property and intercept eligible unclaimed property to satisfy, 2396
fully or partially, the person's child support arrearage * * *; 2397
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(q) To collaborate with the Mississippi Gaming 2398
Commission in order to establish rules and regulations providing 2399
for the withholding of cash game winnings, including, but not 2400
limited to, slot machine annuities, sports betting and/or other 2401
reportable cash winnings of persons who have outstanding child 2402
support arrearages. 2403
SECTION 42. This section shall be codified as Section 2404
43-19-63, Mississippi Code of 1972: 2405
43-19-63. Casinos to exchange certain information with the 2406
Mississippi Department of Human Services (MDHS) for noncustodial 2407
parents delinquent in child support; participation requirement and 2408
duties of casinos and Mississippi Department of Human Services. 2409
(1) For purposes of this section, the following words and 2410
phrases shall have the meanings ascribed herein, unless the 2411
context clearly indicates otherwise: 2412
(a) "Cash gaming winnings" means only the cash gaming 2413
winnings for which the gaming licensee is required to file Form 2414
W2-G, or a substantially equivalent form, with the United States 2415
Internal Revenue Service. 2416
(b) "Commission" means the Mississippi Gaming 2417
Commission. 2418
(c) "Child support arrearages" means any obligation 2419
owed for the care, support or maintenance of a child, including 2420
spousal support that is enforced in conjunction with a child 2421
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support obligation pursuant to Section 43-19-31 of the Mississippi 2422
Code of 1972, which is overdue, unpaid or in arrears. 2423
(d) "Gaming licensee" means any entity licensed or 2424
permitted to operate gaming operations under current law. 2425
(e) "Obligee" means the recipient of Title IV-D 2426
services of the Social Security Act to whom child support is owed. 2427
(f) "Obligor" means a person who wins a progressive 2428
slot machine annuity or cash gaming winnings and has those 2429
winnings intercepted due to having child support arrearages. 2430
(g) "Progressive slot machine annuity" means only the 2431
progressive slot machine annuity winnings for which the gaming 2432
licensee is required to file Form W2-G, or a substantially 2433
equivalent form, with the United States Internal Revenue Service. 2434
(h) "Electronic database access" means the data shared 2435
by the Department of Human Services with gaming licensees 2436
regarding persons who owe child support arrearages that is updated 2437
daily. 2438
(2) The commission shall collaborate with the Department of 2439
Human Services to promulgate all rules and regulations necessary 2440
to carry out the provisions of this section, including, but not 2441
limited to, a procedure requiring the withholding of payments of 2442
progressive slot machine annuities and reportable cash gaming 2443
winnings of persons who have outstanding child support arrearages, 2444
prior to the payment of a progressive slot machine annuity, 2445
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beginning with the second annuity payment, or cash gaming 2446
winnings. 2447
(3) The gaming licensee, including any of its officers, 2448
employees, attorneys, accountants, or other agents, shall not be 2449
civilly or criminally liable to any person, including any 2450
customer, for any disclosure of information made in accordance 2451
with this section, for encumbering or surrendering assets in 2452
response to information provided by the Department of Human 2453
Services, or for any claims for damages arising from withholding 2454
or failing to withhold any progressive slot machine annuities or 2455
cash gaming winnings, based upon information provided to it. 2456
(4) If any gaming licensee determines that the winner of a 2457
progressive slot machine annuity or cash gaming winnings is a 2458
person who has outstanding child support arrearages, the gaming 2459
licensee shall deduct the child support arrearage from the payment 2460
of the progressive slot machine annuity or cash gaming winnings. 2461
The gaming licensee shall forward the deducted amount to the 2462
Department of Human Services within seven (7) days. The gaming 2463
licensee shall pay the remainder to the person who has outstanding 2464
child support arrearages. If the remainder is equal to or less 2465
than zero, the person who has an outstanding child support 2466
arrearage shall not receive a payment. 2467
(5) The Department of Human Services shall release the 2468
encumbering game winnings to the obligee after either: 2469
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(a) A thirty-day period beginning the day the funds are 2470
encumbered; or 2471
(b) Until such time as the issue of child support 2472
arrearages is resolved, provided the obligor has filed a petition 2473
for hearing with a court of appropriate jurisdiction and served 2474
the Department of Human Services through the Attorney General of 2475
the State of Mississippi before the end of the thirty-day period. 2476
(6) Grounds for the petition challenging the encumbrance of 2477
game winnings shall be limited to the following: 2478
(a) Mistakes of identity; or 2479
(b) Mistakes in amount of child support arrearages. 2480
(7) Any gaming licensee may deduct an administrative fee 2481
from each payment of a progressive slot machine annuity, beginning 2482
with the second annuity payment, or cash gaming winnings, of 2483
persons who have outstanding child support arrearages per singular 2484
or periodic payment, not to exceed Thirty-five Dollars ($35.00). 2485
(8) If the winner of a progressive slot machine annuity or 2486
cash gaming winnings is determined not to owe child support 2487
arrearages, then the gaming licensee is not required to access the 2488
electronic database for that winner on a subsequent progressive 2489
slot machine annuity or cash gaming winnings for an additional 2490
twenty-four (24) hours. 2491
(9) The commission shall also require that the gaming 2492
licensee to adopt procedures designed to prevent employees from 2493
willfully failing to withhold payments of progressive slot machine 2494
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annuities or cash gaming winnings from persons who have 2495
outstanding child support arrearages based upon the information 2496
provided by the Department of Human Services that allows the 2497
gaming licensee to identify such persons. 2498
(10) Not later than January 1, 2027, the Commission and 2499
Department of Human Services shall institute all policies, 2500
procedures and processes as necessary to implement the provisions 2501
of this section. 2502
SECTION 43. Section 75-76-33, Mississippi Code of 1972, is 2503
amended as follows: 2504
75-76-33. (1) The commission shall, from time to time, 2505
adopt, amend or repeal such regulations, consistent with the 2506
policy, objects and purposes of this chapter, as it may deem 2507
necessary or desirable in the public interest in carrying out the 2508
policy and provisions of this chapter. The commission shall 2509
comply with the Mississippi Administrative Procedures Law when 2510
adopting, amending or repealing any regulations authorized under 2511
this section or under any other provision of this chapter. 2512
(2) These regulations shall, without limiting the general 2513
powers herein conferred, include the following: 2514
(a) Prescribing the method and form of application 2515
which any applicant for a license or for a manufacturer's, 2516
seller's or distributor's license must follow and complete before 2517
consideration of his application by the executive director or the 2518
commission. 2519
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(b) Prescribing the information to be furnished by any 2520
applicant or licensee concerning his antecedents, habits, 2521
character, associates, criminal record, business activities and 2522
financial affairs, past or present. 2523
(c) Prescribing the information to be furnished by a 2524
licensee relating to his employees. 2525
(d) Requiring fingerprinting of an applicant or 2526
licensee, and gaming employees of a licensee, or other methods of 2527
identification and the forwarding of all fingerprints taken 2528
pursuant to regulation of the Federal Bureau of Investigation. 2529
(e) Prescribing the manner and procedure of all 2530
hearings conducted by the commission or any hearing examiner of 2531
the commission, including special rules of evidence applicable 2532
thereto and notices thereof. 2533
(f) Requiring any applicant to pay all or any part of 2534
the fees and costs of investigation of such applicant as may be 2535
determined by the commission under paragraph (g) of this 2536
subsection (2). 2537
(g) Prescribing the amounts of investigative fees only 2538
as authorized by regulations of the commission under paragraph (f) 2539
of this subsection, and collecting those fees. The commission 2540
shall adopt regulations setting the amounts of those fees at 2541
levels that will provide the commission with sufficient revenue, 2542
when combined with any other monies as may be deposited into the 2543
Mississippi Gaming Commission Fund created in Section 75-76-325, 2544
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to carry out the provisions of this chapter without any state 2545
general funds. In calculating the amount of such fees, the 2546
commission shall: 2547
(i) Attempt to set the fees at levels that will 2548
create a balance in the Mississippi Gaming Commission Fund that 2549
does not exceed, at the end of any state fiscal year, two percent 2550
(2%) of the projected amount of funds that will provide the 2551
commission with such sufficient revenue; and 2552
(ii) Demonstrate the reasonableness of the 2553
relationship between a fee and the actual costs of the 2554
investigative activity for which the fee is being prescribed. 2555
(h) Prescribing the manner and method of collection and 2556
payment of fees and issuance of licenses. 2557
(i) Prescribing under what conditions a licensee may be 2558
deemed subject to revocation or suspension of his license. 2559
(j) Requiring any applicant or licensee to waive any 2560
privilege with respect to any testimony at any hearing or meeting 2561
of the commission, except any privilege afforded by the 2562
Constitution of the United States or this state. 2563
(k) Defining and limiting the area, games and devices 2564
permitted, and the method of operation of such games and devices, 2565
for the purposes of this chapter. 2566
(l) Prescribing under what conditions the nonpayment of 2567
a gambling debt by a licensee shall be deemed grounds for 2568
revocation or suspension of his license. 2569
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(m) Governing the use and approval of gambling devices 2570
and equipment. 2571
(n) Prescribing the qualifications of, and the 2572
conditions under which, attorneys, accountants and others are 2573
permitted to practice before the commission. 2574
(o) Restricting access to confidential information 2575
obtained under this chapter and ensuring that the confidentiality 2576
of such information is maintained and protected. 2577
(p) Prescribing the manner and procedure by which the 2578
executive director on behalf of the commission shall notify a 2579
county or a municipality wherein an applicant for a license 2580
desires to locate. 2581
(q) Prescribing the manner and procedure for an 2582
objection to be filed with the commission and the executive 2583
director by a county or municipality wherein an applicant for a 2584
license desires to locate. 2585
(r) Prescribing the manner and procedure in which child 2586
support or child support arrearages may be collected from gaming 2587
winnings and slot machine annuities. 2588
(3) Notwithstanding any other provision of law, each 2589
licensee shall be required to comply with the regulation that no 2590
wager may be placed by, or on behalf of, any individual or entity 2591
or group, not present on a licensed vessel or cruise vessel. 2592
(4) From and after July 1, 2016, the expenses of this agency 2593
shall be defrayed by appropriation from the State General Fund and 2594
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all user charges and fees authorized under this section shall be 2595
deposited into the State General Fund as authorized by law. 2596
(5) From and after July 1, 2016, no state agency shall 2597
charge another state agency a fee, assessment, rent or other 2598
charge for services or resources received by authority of this 2599
section. 2600
SECTION 44. Section 93-11-71, Mississippi Code of 1972, is 2601
amended as follows: 2602
93-11-71. (1) Whenever a court orders any person to make 2603
periodic payments of a sum certain for the maintenance or support 2604
of a child, and whenever such payments as have become due remain 2605
unpaid for a period of at least thirty (30) days, a judgment by 2606
operation of law shall arise against the obligor in an amount 2607
equal to all payments that are then due and owing. 2608
(a) A judgment arising under this section shall have 2609
the same effect and be fully enforceable as any other judgment 2610
entered in this state. A judicial or administrative action to 2611
enforce the judgment may be begun at any time; and 2612
(b) Such judgments arising in other states by operation 2613
of law shall be given full faith and credit in this state. 2614
(2) Any judgment arising under the provisions of this 2615
section shall operate as a lien upon all the property of the 2616
judgment debtor, both real and personal, which lien shall be 2617
perfected as to third parties without actual notice thereof only 2618
upon enrollment on the judgment roll. The department or attorney 2619
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representing the party to whom support is owed shall furnish an 2620
abstract of the judgment for periodic payments for the maintenance 2621
and support of a child, along with sworn documentation of the 2622
delinquent child support, to the circuit clerk of the county where 2623
the judgment is rendered, and it shall be the duty of the circuit 2624
clerk to enroll the judgment on the judgment roll. Liens arising 2625
under the provisions of this section may be executed upon and 2626
enforced in the same manner and to the same extent as any other 2627
judgment. 2628
(3) Notwithstanding the provisions in subsection (2) of this 2629
section, any judgment arising under the provisions of this section 2630
shall subject the following assets to interception or seizure 2631
without regard to the entry of the judgment on the judgment roll 2632
of the situs district or jurisdiction and such assets shall apply 2633
to all child support owed including all arrears: 2634
(a) Periodic or lump-sum payments from a federal, state 2635
or local agency, including unemployment compensation, workers' 2636
compensation and other benefits; 2637
(b) Winnings from lotteries * * *, gaming 2638
winnings * * * and slot machine annuities; and 2639
(c) Assets held in financial institutions; 2640
(d) Settlements and awards resulting from civil 2641
actions; 2642
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(e) Public and private retirement funds, only to the 2643
extent that the obligor is qualified to receive and receives a 2644
lump-sum or periodic distribution from the funds; 2645
(f) Lump-sum payments as defined in Section 93-11-101; 2646
and 2647
(g) Unclaimed property as described in Section 89-12-1 2648
et seq. 2649
(4) Notwithstanding the provisions of subsections (1) and 2650
(2) of this section, upon disestablishment of paternity granted 2651
pursuant to Section 93-9-10 and a finding of clear and convincing 2652
evidence including negative DNA testing that the obligor is not 2653
the biological father of the child or children for whom support 2654
has been ordered, the court shall disestablish paternity and may 2655
forgive any child support arrears of the obligor for the child or 2656
children determined by the court not to be the biological child or 2657
children of the obligor, if the court makes a written finding 2658
that, based on the totality of the circumstances, the forgiveness 2659
of the arrears is equitable under the circumstances. 2660
(5) In any case in which a child receives assistance from 2661
block grants for Temporary Assistance for Needy Families (TANF), 2662
and the obligor owes past-due child support, the obligor, if not 2663
incapacitated, may be required by the court to participate in any 2664
work programs offered by any state agency. 2665
(6) A parent who receives social security disability 2666
insurance payments who is liable for a child support arrearage and 2667
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ST: Mobile sports betting; include tidelands
and child support.
whose disability insurance benefits provide for the payment of 2668
past due disability insurance benefits for the support of the 2669
minor child or children for whom the parent owes a child support 2670
arrearage shall receive credit toward the arrearage for the 2671
payment or payments for the benefit of the minor child or children 2672
if the arrearage accrued after the date of disability onset as 2673
determined by the Social Security Administration. 2674
SECTION 45. After the date that the Board of Trustees of the 2675
Public Employees' System has set the assumed rate of return on 2676
investments for the assets of the system at a rate that is equal 2677
to or greater than the actuarial assumed rate of return on 2678
investments for the assets of the system on January 1, 2020, the 2679
State Treasurer, in conjunction with the State Fiscal Officer, 2680
shall transfer the sum of Six Hundred Million Dollars 2681
($600,000,000.00) from the Capital Expense Fund (Fund No. 2682
6499C00000) to the Employers' Accumulation Account of the Public 2683
Employees' Retirement System created in Section 25-11-123(c). 2684
SECTION 46. This act shall take effect and be in force from 2685
and after July 1, 2026, however, online sports pool or online race 2686
book activities shall commence outside of a licensed gaming 2687
premises not later than December 8, 2026. 2688