Ad valorem tax; revise certain homestead exemption eligibility provisions, revise distribution of portion paid on certain homestead property.

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To: Ways and Means
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Lamar

HOUSE BILL NO. 4044

AN ACT TO AMEND SECTIONS 27-33-51 AND 27-33-63, MISSISSIPPI 1
CODE OF 1972, TO PROVIDE THAT IF A CLAIMANT FOR HOMESTEAD 2
EXEMPTION HAS FAILED TO COMPLY, OR THE CLAIMANT'S SPOUSE HAS 3
FAILED TO COMPLY, WITH THE INCOME TAX LAWS OF THIS STATE, THE 4
CLAIMANT SHALL BE ELIGIBLE FOR HOMESTEAD EXEMPTION, BUT THE AMOUNT 5
OF THE EXEMPTION DETERMINED FOR THE PROPERTY SHALL NOT BE DEDUCTED 6
FROM THE AD VALOREM TAXES DUE ON THE PROPERTY; TO PROVIDE THAT FOR 7
AD VALOREM TAXES COLLECTED ON SUCH PROPERTY, THE AMOUNT OF THE AD 8
VALOREM TAXES COLLECTED, THAT IS EQUAL TO THE HOMESTEAD EXEMPTION 9
AMOUNT THAT WAS NOT DEDUCTED FROM THE AD VALOREM TAXES DUE ON THE 10
PROPERTY, SHALL BE REMITTED BY THE TAX COLLECTOR TO THE DEPARTMENT 11
OF REVENUE, NOT TO EXCEED THE AMOUNT OF THE OBLIGATION FOR WHICH 12
THE TAXPAYER OR TAXPAYER'S SPOUSE HAS FAILED TO COMPLY WITH THE 13
INCOME TAX LAWS OF THIS STATE; TO PROVIDE THAT THE DEPARTMENT OF 14
REVENUE SHALL APPLY THE AMOUNT REMITTED BY THE TAX COLLECTOR 15
AGAINST THE TAXPAYER'S OR TAXPAYER'S SPOUSE'S INCOME TAX 16
OBLIGATION; TO AMEND SECTION 27-33-11, MISSISSIPPI CODE OF 1972, 17
TO REVISE THE DEFINITION OF THE TERM "TAX LOSS" UNDER THE 18
HOMESTEAD EXEMPTION LAW; TO BRING FORWARD SECTIONS 27-33-75, 19
27-33-77 AND 27-33-79, MISSISSIPPI CODE OF 1972, WHICH ARE 20
SECTIONS OF THE HOMESTEAD EXEMPTION LAW, FOR THE PURPOSES OF 21
POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 27-41-77, MISSISSIPPI 22
CODE OF 1972, WHICH RELATES TO THE DISPOSITION OF EXCESS PROCEEDS 23
RESULTING FROM THE SALE OF LAND FOR NONPAYMENT OF AD VALOREM 24
TAXES, FOR THE PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD 25
SECTIONS 27-45-1 AND 27-45-5, MISSISSIPPI CODE OF 1972, WHICH 26
RELATE TO THE REDEMPTION OF LAND SOLD FOR NONPAYMENT OF AD VALOREM 27
TAXES, FOR THE PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED 28
PURPOSES. 29
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 30
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SECTION 1. Section 27-33-51, Mississippi Code of 1972, is 31
amended as follows: 32
27-33-51. The tax collectors of the several counties of the 33
state shall perform such duties as are generally imposed upon them 34
by the laws of this state with respect to the collection of taxes 35
and the payment of same into the proper accounts; and in addition 36
to such general duties: 37
(a) He shall, upon receipt of a duly certified copy of 38
the order of the board of supervisors, adopted under the 39
provisions of Section 27-33-37(l), correct the supplemental roll 40
as required by said order and list as subject to all taxes the 41
assessed value of homes in all cases to the extent directed by the 42
order of the board; and he shall change the supplemental roll for 43
the year, or years, in accord with the order of the board, so as 44
to show the additional taxes due and he shall prepare a tax 45
receipt therefor, with proper references thereon to the board, the 46
year or years for which the additional taxes are levied, and to 47
the page and line of the supplemental roll where the assessment is 48
listed. 49
(b) He shall collect all additional taxes on or before 50
the first day of February of the year following that in which the 51
notice is issued to make the correction and reassessment, and the 52
collection of taxes shall be made in the same manner and at the 53
same time taxes are collected on other property, if any, of the 54
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same owner; and he shall give to the taxpayer a separate receipt 55
for such additional taxes. 56
(c) He shall give to all taxpayers having an exempted 57
home under the terms of this article a tax receipt made in the 58
manner and form directed by Sections 27-41-33 and 27-41-35; and 59
this requirement shall apply to receipts given for additional 60
taxes as provided by paragraphs (a) and (b) of this section. 61
(d) He shall collect all taxes due to the extent 62
required by this article; and it shall be his duty to collect said 63
taxes, including additional taxes as provided by paragraphs (a) 64
and (b) of this section, by sale of the property in the manner 65
provided by law in the case of other real property, and by any 66
other method or means provided by law for the collection of taxes 67
levied against real property. 68
In addition to any other provisions of this section or any 69
other law, for ad valorem taxes collected on property of a 70
taxpayer described in Section 27-33-63(2)(a)(ii)1, the amount of 71
the ad valorem taxes collected, that is equal to the homestead 72
exemption amount that was not deducted from the ad valorem taxes 73
due on the property, shall be remitted by the tax collector to the 74
Department of Revenue, not to exceed the amount of the obligation 75
for which the taxpayer or taxpayer's spouse has failed to comply 76
with the income tax laws of this state. The Department of Revenue 77
shall apply the amount remitted by the tax collector against the 78
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taxpayer's income tax obligation or taxpayer's spouse's 79
obligation. 80
SECTION 2. Section 27-33-63, Mississippi Code of 1972, is 81
amended as follows: 82
27-33-63. (1) The provisions of the "Homestead Exemption 83
Law of 1946" are hereby modified and clarified as stated in the 84
subsequent subsections of this section, and all restrictions, 85
limitations and changes made by this section are supplemental to 86
and cumulative of the provisions now contained in said law of 87
1946. 88
(2) (a) (i) A home, as defined in this article, shall be 89
the legal domicile of the owner and his family group, excepting in 90
those cases where the law permits exemption to an owner who 91
maintains a home for dependents of the claimant or where the law 92
permits an exemption to an owner who holds a remainder interest in 93
the dwelling and eligible land as defined in Section 27-33-17(h). 94
All eligible claimants for homestead exemption in all instances 95
shall have their legal domicile in the State of Mississippi, shall 96
be subject to the jurisdiction of this state, shall be subject to 97
and comply with the income tax laws, shall be subject to and 98
comply with the road and bridge privilege tax laws thereof, and 99
shall not be an elector in any other state. 100
(ii) Except as otherwise provided in this 101
paragraph, no claimant for homestead exemption shall be eligible 102
for exemption if: 103
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1. The claimant or the claimant's spouse has 104
failed to comply with the income tax laws of this state or; 105
2. * * * The claimant or the claimant's 106
spouse claims that he or she is a resident of some other state 107
when assessed with income taxes in this state. 108
From and after January 1, 2027, a claimant for homestead 109
exemption described in item 1 of this subparagraph (ii) shall be 110
eligible for exemption; however, the amount of the exemption 111
determined for the property shall not be deducted from the ad 112
valorem taxes due on the property. 113
(iii) No claimant for homestead exemption shall be 114
eligible for exemption if the claimant or the claimant's spouse in 115
the homestead has failed to comply with the road and bridge 116
privilege tax laws or asserts that any motor vehicle owned by 117
and/or in the possession of any one or more of such persons, in 118
whole or in part, has its legal situs in some other state. 119
Displaying a license plate of some other state on such motor 120
vehicle shall be prima facie proof that such assertion has been 121
made. 122
(iv) Homestead exemption applications disapproved 123
or disallowed exclusively because of the failure of the claimant 124
or the claimant's spouse to comply with the income tax laws and/or 125
road and bridge privilege tax laws of this state may be 126
subsequently approved or allowed, as the case may be, when 127
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sufficient proof is submitted that such tax laws have been fully 128
complied with by such persons. 129
(3) The provisions of this section shall apply to and govern 130
the taxes levied for the fiscal year ending in 1948 and to each 131
fiscal year thereafter. 132
SECTION 3. Section 27-33-11, Mississippi Code of 1972, is 133
amended as follows: 134
27-33-11. The subject words and terms of this section, for 135
the purpose of this article, shall have meaning as follows: 136
(a) "Tax loss" means the exemption from ad valorem 137
taxes allowed homeowners in this article. The term "tax loss" 138
also means the amount remitted by a tax collector to the 139
Department of Revenue under Section 27-33-51. "Reimbursement of 140
tax loss" means the amount of tax losses to be reimbursed to each 141
taxing unit as determined by Sections 27-33-77 and 27-33-79. 142
(b) "Taxing unit" means (i) any county, (ii) any 143
special municipal separate school district with or without added 144
territory, (iii) any municipal separate school district with or 145
without added territory, and (iv) any municipality. 146
(c) "Added territory" means territory or land lying 147
outside of a municipality, added or annexed to and being a part of 148
a municipal separate school district and subject to the tax 149
permitted to be imposed by the district for school purposes as 150
provided by Chapter 57, Title 37, Mississippi Code of 1972. 151
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(d) "Municipality" means a city, town or village which 152
is legally incorporated and which has not been automatically 153
abolished according to the provisions of Sections 21-1-49 and 154
21-1-51 or by other lawful process, and in which taxes are 155
assessed, levied and collected. 156
(e) "Depository" means the bank or institution and 157
place officially designated as the depository for funds of a 158
county. 159
(f) "Apartment" means rooms in an eligible dwelling 160
with space and facilities for sleeping and with space and 161
facilities, or equipment, for preparing and serving meals, which 162
equipment is supplied by the owner or tenant, or both: (1) in a 163
building constructed as a dwelling for two (2) or more families, 164
or (2) in an ordinary dwelling, consisting of three (3) or more 165
rooms, exclusive of a bathroom; in either case rented or leased or 166
available for rent or lease, or occupied by a family group other 167
than the owner. One (1) or two (2) rooms rented and used for 168
housekeeping shall be counted as rented rooms. 169
(g) "Commission," "Tax Commission" or "department" 170
means the Department of Revenue of the State of Mississippi. 171
(h) "Auditor" means the Auditor of Public Accounts of 172
the State of Mississippi. 173
(i) "Treasurer" means the Treasurer of the State of 174
Mississippi. 175
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(j) "Officer or officers" includes the county tax 176
assessor, the members of the county board of supervisors, the 177
clerk of the board of supervisors, the chancery clerk, the county 178
tax collector, and the legally authorized deputies of each. 179
(k) "Eligible" when used in this article, ( * * * i) 180
with reference to persons means those persons who are eligible 181
under the terms of this article for homestead exemption, or 182
( * * * ii) with reference to property means the real property 183
eligible for exemption as a homestead under the terms of this 184
article as to title, quantity, occupancy, use to which put, and 185
other conditions required by this article, or ( * * * iii) with 186
reference to title or ownership means title to or ownership of 187
real property as defined in Section 27-33-17. 188
(l) "He" and other pronouns in the masculine gender 189
embrace a female as well as a male, unless a contrary intention is 190
disclosed by the context. 191
(m) "Adjoining land, or land actually joined" means two 192
(2) separately described tracts of land having at one or more 193
points a common boundary, or where the corners of the two (2) 194
tracts actually touch, but two (2) tracts connected by an easement 195
or by a narrow strip of land as a right-of-way for ingress and 196
egress shall not be treated as adjoining, or actually joined. 197
(n) "Supplemental roll" means a list containing the 198
amount of the assessment of all lands and buildings which are all, 199
or a part, of exempt homesteads, and a list of the homeowners to 200
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whom a homestead exemption has been allowed by the board for the 201
current year, and showing in strict alphabetical order the names 202
of all applicants to whom the exemption was granted, and in 203
vertical columns the amount of the assessment, the assessed value 204
of the exempted land and buildings, the assessed value of the land 205
and buildings not exempted, the page and line number of the 206
regular land roll where entered, the number of acres exempted, the 207
dollar amount of exemption allowed and such other information as 208
the Department of Revenue may require. The department shall 209
prescribe the form of the supplemental roll and may require such 210
rolls to be prepared and maintained on electronic media. The 211
supplemental roll, as herein defined, is hereby made a legal 212
supplement to and a part of the complete land assessment roll of 213
the county or municipality and shall be subject to all laws 214
relating to assessment rolls and particularly Sections 27-35-117, 215
27-35-123 and 27-35-125 as far as applicable and not inconsistent 216
with the provisions of this article. 217
The supplemental roll, when certified by the clerk of the 218
board of supervisors and delivered to the tax collector, shall be 219
his warrant to allow the amount of the tax exemption to each 220
person as a credit on or deduction from the gross amount of the 221
taxes charged to that person on the assessment roll. 222
(o) "Ad valorem tax" means any tax where the amount 223
levied is based upon or determined by the value of the property 224
subject to the tax. 225
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SECTION 4. Section 27-33-75, Mississippi Code of 1972, is 226
brought forward as follows: 227
27-33-75. (1) Qualified homeowners described in subsection 228
(1) of Section 27-33-67 shall be allowed an exemption from ad 229
valorem taxes according to the following table: 230
ASSESSED VALUE HOMESTEAD 231
OF HOMESTEAD EXEMPTION 232
$ 1 - $ 150.............................................. $ 6.00 233
151 - 300.............................................. 12.00 234
301 - 450.............................................. 18.00 235
451 - 600.............................................. 24.00 236
601 - 750.............................................. 30.00 237
751 - 900.............................................. 36.00 238
901 - 1,050.............................................. 42.00 239
1,051 - 1,200.............................................. 48.00 240
1,201 - 1,350.............................................. 54.00 241
1,351 - 1,500.............................................. 60.00 242
1,501 - 1,650.............................................. 66.00 243
1,651 - 1,800.............................................. 72.00 244
1,801 - 1,950.............................................. 78.00 245
1,951 - 2,100.............................................. 84.00 246
2,101 - 2,250.............................................. 90.00 247
2,251 - 2,400.............................................. 96.00 248
2,401 - 2,550.............................................. 102.00 249
2,551 - 2,700.............................................. 108.00 250
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2,701 - 2,850.............................................. 114.00 251
2,851 - 3,000.............................................. 120.00 252
3,001 - 3,150.............................................. 126.00 253
3,151 - 3,300.............................................. 132.00 254
3,301 - 3,450.............................................. 138.00 255
3,451 - 3,600.............................................. 144.00 256
3,601 - 3,750.............................................. 150.00 257
3,751 - 3,900.............................................. 156.00 258
3,901 - 4,050.............................................. 162.00 259
4,051 - 4,200.............................................. 168.00 260
4,201 - 4,350.............................................. 174.00 261
4,351 - 4,500.............................................. 180.00 262
4,501 - 4,650.............................................. 186.00 263
4,651 - 4,800.............................................. 192.00 264
4,801 - 4,950.............................................. 198.00 265
4,951 - 5,100.............................................. 204.00 266
5,101 - 5,250.............................................. 210.00 267
5,251 - 5,400.............................................. 216.00 268
5,401 - 5,550.............................................. 222.00 269
5,551 - 5,700.............................................. 228.00 270
5,701 - 5,850.............................................. 234.00 271
5,851 - 6,000.............................................. 240.00 272
6,001 - 6,150.............................................. 246.00 273
6,151 - 6,300.............................................. 252.00 274
6,301 - 6,450.............................................. 258.00 275
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6,451 - 6,600.............................................. 264.00 276
6,601 - 6,750.............................................. 270.00 277
6,751 - 6,900.............................................. 276.00 278
6,901 - 7,050.............................................. 282.00 279
7,051 - 7,200.............................................. 288.00 280
7,201 - 7,350.............................................. 294.00 281
7,351 and above............................................ 300.00 282
Assessed values shall be rounded to the next whole dollar 283
(Fifty Cents (50¢) rounded to the next highest dollar) for the 284
purposes of the above table. 285
One-half (1/2) of the exemption allowed in the above table 286
shall be from taxes levied for school district purposes and 287
one-half (1/2) shall be from taxes levied for county general fund 288
purposes. 289
(2) (a) Except as otherwise provided in this subsection, 290
qualified homeowners described in subsection (2) of Section 291
27-33-67 shall be allowed an exemption from all ad valorem taxes 292
on not in excess of Seven Thousand Five Hundred Dollars 293
($7,500.00) of the assessed value of the homestead property. 294
(b) From and after January 1, 2015, qualified 295
homeowners described in subsection (2)(a) of Section 27-33-67 and 296
unremarried surviving spouses of such homeowners shall be allowed 297
an exemption from all ad valorem taxes on the assessed value of 298
the homestead property. 299
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(c) Except as otherwise provided in this paragraph (c), 300
a qualified homeowner claiming an exemption under paragraph (a) of 301
this subsection shall be allowed an additional exemption from all 302
ad valorem taxes on an amount equal to the difference between (i) 303
the assessed value of the homestead property on January 1, 2018, 304
or January 1 of the first year for which the qualified homeowner 305
claims an exemption for the homestead property under paragraph (a) 306
of this subsection, and (ii) any increase in the assessed value of 307
the homestead property resulting from a subsequent update in 308
valuation of the homestead property that is completed during the 309
time the qualified homeowner owns the property. In addition, if a 310
subsequent update in valuation of the homestead property that is 311
completed during the time the qualified homeowner owns the 312
property results in the assessed value of the homestead property 313
being less than the assessed value of the property on January 1, 314
2018, or January 1 of the first year for which the qualified 315
homeowner claims an exemption for the homestead property under 316
paragraph (a) of this subsection, then the exemption authorized 317
under this paragraph (c) shall be on an amount equal to the 318
difference between (i) such lower assessed value and (ii) any 319
increase in the assessed value of the homestead property resulting 320
from a subsequent update in valuation of the homestead property 321
that is completed during the time the qualified homeowner owns the 322
property. However, except for renovations, expansions, 323
improvements or additions to promote energy efficiency, safety or 324
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access to the homestead property, the exemption authorized in this 325
paragraph (c) shall not apply to any portion of increase in the 326
assessed value of the homestead property that is attributable to 327
renovations, expansions or improvements of or additions to the 328
property during such time. For the purposes of this paragraph 329
(c), an update in valuation of the homestead property occurs when 330
a county has completed an update in the valuation of Class I 331
property, as designated by Section 112, Mississippi Constitution 332
of 1890, in the county according to procedures prescribed by the 333
Department of Revenue and in effect on January 1, 2018, and for 334
which the Department of Revenue has certified that such new 335
valuations have been implemented for the purposes of ad valorem 336
taxation. 337
(d) From and after January 1, 2023, a qualified 338
homeowner who is the unremarried surviving spouse of a member of 339
the United States Armed Forces who was killed or died on active 340
duty, or of a member of a reserve component of the United States 341
Armed Forces or of the National Guard who was killed or died on 342
active duty for training, shall be allowed an exemption from all 343
ad valorem taxes on the assessed value of the homestead property. 344
(e) (i) From and after January 1, 2025, a qualified 345
homeowner who is an American veteran who has been honorably 346
discharged from military service and has reached ninety (90) years 347
of age on or before January 1 of the year for which the exemption 348
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is claimed, shall be allowed an exemption from all ad valorem 349
taxes on the assessed value of the homestead property. 350
(ii) From and after January 1, 2026, a qualified 351
homeowner who is the unremarried surviving spouse of a homeowner 352
described in subparagraph (i) of this paragraph (e) shall be 353
allowed an exemption from all ad valorem taxes on the assessed 354
value of the homestead property and unremarried surviving spouses 355
of homeowners classified as totally disabled under the federal 356
Social Security Act, Railroad Retirement Act, or any other federal 357
act approved by the Department of Revenue. 358
(3) Except as otherwise provided in this subsection, this 359
section shall apply to exemptions claimed in the 2001 calendar 360
year for which reimbursement is made in the 2002 calendar year and 361
to exemptions claimed for which reimbursement is made in 362
subsequent years. The exemption provided for in subsection (2)(b) 363
of this section shall apply to exemptions claimed in the 2015 364
calendar year for which reimbursement is made in the 2016 calendar 365
year and to exemptions claimed for which reimbursement is made in 366
subsequent years. The exemption provided for in subsection (2)(c) 367
of this section shall apply to exemptions claimed in the 2018 368
calendar year for which reimbursement is made in the 2019 calendar 369
year and to exemptions claimed for which reimbursement is made in 370
subsequent years. The exemption provided for in subsection 371
(2)(e)(i) of this section shall apply to exemptions claimed in the 372
2025 calendar year for which reimbursement is made in the 2026 373
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calendar year and to exemptions claimed for which reimbursement is 374
made in subsequent years. The exemption provided for in 375
subsection (2)(e)(ii) of this section shall apply to exemptions 376
claimed in the 2026 calendar year for which reimbursement is made 377
in the 2027 calendar year and to exemptions claimed for which 378
reimbursement is made in subsequent years. 379
SECTION 5. Section 27-33-77, Mississippi Code of 1972, is 380
brought forward as follows: 381
27-33-77. Beginning with the 1985 supplemental roll, and for 382
each succeeding year's roll thereafter, the amount of tax loss to 383
be reimbursed because of exemptions provided for in this article 384
shall be Fifty Dollars ($50.00) each for county taxes exempted and 385
school taxes exempted for a total of One Hundred Dollars ($100.00) 386
per applicant qualifying for homestead exemption under this 387
article. 388
The reimbursement received by the county shall be distributed 389
by the county treasurer to the general fund. 390
Provided further, that tax losses sustained by municipalities 391
because of exemptions granted to homeowners described in 392
subsection (2) of Section 27-33-67 shall be reimbursed up to the 393
amount of the actual exemption allowed, not to exceed Two Hundred 394
Dollars ($200.00) per qualified applicant. 395
The reimbursement received by a county, municipality or 396
school district may be pledged as security for a loan if the 397
reimbursement to the county or school district is otherwise 398
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authorized or required by law to be pledged as security for such a 399
loan. 400
SECTION 6. Section 27-33-79, Mississippi Code of 1972, is 401
brought forward as follows: 402
27-33-79. Notwithstanding the limitation imposed on 403
reimbursement of tax losses in Section 27-33-77, no taxing unit 404
shall be reimbursed more than one hundred six percent (106%) or 405
less than the amount of the reimbursement made to the same taxing 406
unit, for the next preceding year, unless such reimbursement is 407
reduced as a result of a reduction in approved homestead 408
applicants; however, for the 1986 calendar year, no taxing unit 409
shall be reimbursed less than the amount of the reimbursement made 410
to the same taxing unit for the 1985 calendar year. 411
SECTION 7. Section 27-41-77, Mississippi Code of 1972, is 412
brought forward as follows: 413
27-41-77. If any land be sold for more than the amount of 414
taxes due and all costs, the tax collector shall report the amount 415
of excess to the chancery clerk, and on his receipt warrant 416
therefor, shall pay the same into the county treasury. The board 417
of supervisors is directed to transfer all such funds so received 418
to the general funds of the county. If the land be redeemed, or 419
the title of the purchaser be defeated or set aside in any way or 420
for any reason, such excess shall be retained by the county. If 421
only a part of the land be redeemed, the excess shall be 422
apportioned ratably to the amount of taxes due at the time of the 423
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sale on the respective parts. The owner of the land may demand of 424
the tax collector a memorandum or receipt showing the amount of 425
excess if any, and, upon the expiration of the period of 426
redemption, without the property being redeemed, such excess 427
shall, upon the request of the owner, be paid to said owner. If 428
the owner of the property does not request payment of the excess 429
within two (2) years from the expiration of the period of 430
redemption, the excess shall be retained by the county. Whenever 431
any person shall present a claim against the excess fund, within 432
the time period provided, certified to by the chancery clerk, the 433
board of supervisors shall order a warrant to issue therefor on 434
the general county fund. 435
SECTION 8. Section 27-45-1, Mississippi Code of 1972, is 436
brought forward as follows: 437
27-45-1. Redemption of land sold for taxes shall be made 438
through the chancery clerks of the respective counties. Where the 439
land was sold to the state, the clerk, out of the amount necessary 440
to redeem, shall first pay to the officers entitled thereto the 441
costs, fees and damages which are allowed those officers by law in 442
cases of lands sold to individuals; second, he shall pay the state 443
the amount of state taxes with the interest and additional charges 444
thereon allowed by law to the state; and, third, he shall pay to 445
the county the sums computed in like manner which belong to the 446
county and the various taxing districts thereof. Where the land 447
was sold to an individual, the clerk shall pay: 448
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(a) First, to the state the amount of state taxes with 449
the interest and additional charges thereon allowed by law, unless 450
same has been paid previously by the tax purchaser or some other 451
person; 452
(b) Second, to the county the sums computed in like 453
manner which belong to the county and the various taxing districts 454
thereof, unless same has been paid previously by the tax purchaser 455
or some other person; 456
(c) Third, to the county the five percent (5%) damages 457
on the amount of the taxes for which the land was sold; and 458
(d) Fourth, the balance to the purchaser. 459
The clerk shall make his redemption settlements within twenty 460
(20) days after the end of each month and shall make a complete 461
report thereof to the board of supervisors. For a failure so to 462
report or to pay over the sums to the parties entitled thereto as 463
herein required, he shall be liable on his official bond to a 464
penalty of one percent (1%) per month on the amount withheld. The 465
chancery clerk shall also note each redemption on the public 466
record of delinquent tax lands, on the day payment of taxes is 467
made, with the date, name and the amount of redemption money paid. 468
SECTION 9. Section 27-45-5, Mississippi Code of 1972, is 469
brought forward as follows: 470
27-45-5. It shall be the duty of the chancery clerk of each 471
county in the state to immediately deposit in the county 472
depository of his county all sums of money paid to him by any 473
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person for the redemption of land sold for taxes in his county; 474
all such funds are hereby declared to be public funds, and shall 475
be secured by the county depository, as other public funds are 476
required to be secured by law. The board of supervisors of each 477
county shall provide the clerk with printed checks in the form of 478
vouchers, with proper blanks, bound in book form with a sufficient 479
blank margin to be used in drawing redemption funds out of the 480
county depository; all such checks shall be numbered in numerical 481
order, and it shall be the duty of the clerk to draw on such funds 482
upon such checks as herein provided in payment of all amounts due 483
the officers and purchasers out of said funds. He shall first pay 484
the officers entitled to their costs, fees, and damages which are 485
allowed to said officers by law; and he shall then pay to the 486
purchasers at any such tax sale, the full amount due him as 487
provided by law. It shall be the duty of the state auditor of 488
public accounts to audit such account of each clerk, as other 489
public funds are audited; and he shall include in said audit a 490
special report to the board of supervisors of his county setting 491
out in detail the amounts collected, and the disposition of such 492
funds, and the balance on hand, and attest to the correctness 493
thereof. 494
If such clerk shall neglect, refuse or fail to deposit such 495
funds received by him as herein provided, he shall be guilty of 496
misfeasance in office, and in addition thereto shall be liable on 497
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ST: Ad valorem tax; revise certain homestead
exemption eligibility provisions, revise
distribution of portion paid on certain
homestead property.
his official bond to any person injured by his failure to deposit 498
such funds in the county depository as herein provided. 499
SECTION 10. This act shall take effect and be in force from 500
and after July 1, 2026. 501