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To: Ways and Means
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Eure
HOUSE BILL NO. 4074
(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 IMPOSE AN ADDITIONAL 10
TAX ON ALL GROSS REVENUE FROM A PLATFORM OPERATING AN ONLINE RACE 11
BOOK OR AN ONLINE SPORTS POOL ON BEHALF OF THE HOLDER OF A GAMING 12
LICENSE; TO AMEND SECTIONS 97-33-17, 75-76-5 AND 75-76-33, 13
MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; TO 14
AMEND SECTION 75-76-89, MISSISSIPPI CODE OF 1972, TO CLARIFY THE 15
INCLUSION OF ONLINE RACE BOOK AND SPORTS BOOK FOR GAMING 16
LICENSING; TO AMEND SECTION 75-76-91, MISSISSIPPI CODE OF 1972, TO 17
REQUIRE THE LICENSED GAMING ESTABLISHMENT TO DISPLAY THE LICENSE 18
OF THE PLATFORM IT IS CONTRACTED WITH; TO AMEND SECTION 75-76-203, 19
MISSISSIPPI CODE OF 1972, TO PROVIDE AN EXCEPTION FOR AN OFFICE IN 20
THIS STATE FOR PLATFORMS; TO BRING FORWARD SECTIONS 75-76-211, 21
75-76-55, 75-76-205 AND 75-76-175, MISSISSIPPI CODE OF 1972, WHICH 22
REGULATE CORPORATE GAMING ESTABLISHMENTS, FOR PURPOSES OF 23
AMENDMENT; TO AMEND SECTION 75-76-177, MISSISSIPPI CODE OF 1972, 24
TO REDUCE THE GAMING GROSS REVENUE LICENSE FEE IMPOSED ON GAMING 25
LICENSEES; TO AMEND SECTIONS 75-76-101 AND 97-33-27, MISSISSIPPI 26
CODE OF 1972, TO CLARIFY CERTAIN PROVISIONS; TO BRING FORWARD 27
SECTIONS 97-33-305 AND 97-33-8, MISSISSIPPI CODE OF 1972, WHICH 28
REGULATE GAMING ESTABLISHMENTS, FOR PURPOSES OF AMENDMENT; TO 29
AMEND SECTIONS 97-33-25, 75-76-129 AND 75-76-79, MISSISSIPPI CODE 30
OF 1972, TO CLARIFY THE PROVISIONS FOR GAMING; TO BRING FORWARD 31
SECTIONS 97-33-1 AND 97-33-7, WHICH RESTRICT CERTAIN TYPES OF 32
WAGERS, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTIONS 33
7-11-11, 29-1-107, 29-15-1, 29-15-3, 29-15-5, 29-15-9, 29-15-10, 34
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29-15-13 AND 59-7-405, MISSISSIPPI CODE OF 1972, WHICH REGULATE 35
THE AUTHORITY OF THE SECRETARY OF STATE REGARDING TIDELANDS, FOR 36
PURPOSES OF AMENDMENT; TO AMEND SECTIONS 59-15-1, 75-76-67, 37
87-1-5, 97-33-25 AND 97-33-27, MISSISSIPPI CODE OF 1972, WHICH ARE 38
RELATED TO THE POWERS OF THE GAMING COMMISSION, FOR INTERNAL 39
STATUTORY UPDATES; TO AMEND SECTION 43-19-31, MISSISSIPPI CODE OF 40
1972, TO REQUIRE THE MISSISSIPPI GAMING COMMISSION TO COLLABORATE 41
WITH THE DEPARTMENT OF HUMAN SERVICES TO ESTABLISH RULES TO 42
WITHHOLD GAMING WINNINGS OF PERSONS WITH OUTSTANDING CHILD SUPPORT 43
ARREARAGES; TO CREATE NEW SECTION 43-19-63, MISSISSIPPI CODE OF 44
1972, TO CREATE A PROCEDURE TO ENCUMBER GAMING WINNINGS FOR THE 45
PAYMENT OF CHILD SUPPORT; TO AMEND SECTIONS 75-76-33 AND 93-11-71, 46
MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; 47
AND FOR RELATED PURPOSES. 48
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 49
SECTION 1. This act shall be known and may be cited as the 50
"Mississippi Mobile Sports Wagering Act". 51
SECTION 2. The following terms shall have the meanings 52
ascribed herein: 53
(a) "Commission" means the Mississippi Gaming 54
Commission as defined in Section 75-76-7. 55
(b) "Executive director" means the Executive Director 56
of the Mississippi Gaming Commission as defined in Section 57
75-76-7. 58
(c) "Game", "Gaming" or "Gambling game" means to deal, 59
operate, carry on, conduct, maintain or expose for play any game 60
as defined in Section 75-76-5. 61
(d) "Gaming license" means any license issued by the 62
state which authorizes the person named therein to engage in 63
gaming as defined in Section 75-76-5. 64
(e) "Gross revenue" means the same as defined in 65
Section 75-76-5. 66
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(f) "Interactive gaming" means wagering on any 67
interactive game. 68
(g) "Interactive game" means computerized or virtual 69
versions of any game as defined in Section 75-76-5 or any other 70
game of chance or digital simulation thereof, including, but not 71
limited to, casino themed slot machines or gaming devices, table 72
games or other such games as approved by the commission for play 73
in a licensed establishment. 74
(h) "Internet" means the term as defined in Section 230 75
of Title II of the Communications Act of 1934, Chapter 652, 110 76
Stat. 137, 47 USCS 230. 77
(i) "Licensed gaming establishment" means any premises 78
licensed by the commission as defined in Section 75-76-5. 79
(j) "Manufacturer's", "seller's", or "distributor's" 80
license means a license issued pursuant to Section 75-76-79 as 81
defined in Section 75-76-5. 82
(k) "Online race book" means a race book as defined by 83
Section 75-76-5 in which wagers are made over the Internet, 84
including on websites, personal computers, mobile phones, or other 85
interactive devices used by an individual to place a race book 86
wager from any location in Mississippi, and accepted by a platform 87
on behalf of the holder of a Mississippi gaming license. 88
(l) "Online sports pool" means a sports pool as defined 89
by Section 75-76-5 in which wagers are made over the Internet, 90
including on websites, personal computers, mobile phones, or other 91
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interactive devices used by an individual to place a sports pool 92
wager from any location in Mississippi, and accepted by a platform 93
on behalf of the holder of a Mississippi gaming license. 94
(m) "Platform" means a person or entity that operates 95
an online sports pool, online race book, or both on behalf of the 96
holder of a gaming license. 97
(n) "Race book" means the business of accepting wagers 98
upon the outcome of any event held at a track which uses the 99
pari-mutuel system of wagering as defined in Section 75-76-5. 100
(o) "Sporting event" means any amateur sport or 101
athletic event, professional sport or athletic event, collegiate 102
sport or athletic event, motor race event, electronic sports 103
event, competitive video game event, or any other event authorized 104
by the Mississippi Gaming Control Act or the commission for 105
wagering under this act. 106
(p) "Sports pool" means the same as the term is defined 107
in Section 75-76-5 and includes the business of accepting wagers 108
on sporting events by any system of wagering including, but not 109
limited to, single-game bets, teaser bets, parlays, over-under, 110
moneyline, pools, exchange-wagering, in-game wagering, in-play 111
bets, proposition bets, and straight bets. The term does not 112
include fantasy contests as defined in Section 97-33-303. 113
SECTION 3. (1) Online sports pools and online race books 114
shall be legal in the State of Mississippi as provided by this 115
act. The provisions of this act shall not be construed to 116
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authorize or legalize interactive gaming in the State of 117
Mississippi rather all forms of interactive gaming are expressly 118
prohibited and are illegal in the State of Mississippi, punishable 119
pursuant to the provisions of Section 97-33-1 and other applicable 120
laws. Further, if any person or platform is found by the 121
commission to have engaged in any form of illegal gaming, 122
including, but not limited to, any form of interactive gaming, 123
then such person and platform will be subject to action by the 124
Mississippi Gaming Commission in accordance with Section 75-76-67. 125
These restrictions will be applied whether the platform or person 126
is found to have engaged in such illegal activity in Mississippi 127
or in any other jurisdiction. 128
(2) (a) A platform that operates an online sports pool, 129
online race book, or both on behalf of the holder of a gaming 130
license in this state must obtain a manufacturer's and 131
distributor's license from the commission in order to offer such 132
services, and such license will be conditioned upon platform 133
abiding by all laws and regulations governing such activities. A 134
platform that already possesses a manufacturer's and distributor's 135
license in the state shall be permitted to operate under the 136
existing license subject to any technical approvals required by 137
the commission to operate an online sports pool, online race book, 138
or both. 139
(b) The licensed gaming establishment, including a 140
platform that operates an online sports pool, online race book or 141
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both on behalf of the holder of a gaming licensee, shall report 142
all gaming revenue and pay all taxes for such revenue as provided 143
by state law. 144
(3) A platform that operates an online sports pool, online 145
race book, or both on behalf of the holder of a gaming license in 146
this state shall be lawfully conducting business in this state in 147
order to comply with the provisions of this act. 148
(4) Application for licensure shall be made to the executive 149
director on forms furnished by the executive director and in 150
accordance with the commission's regulations regarding 151
manufacturer's and distributor's licenses. 152
No platform will be issued a gaming license, rather it shall 153
be required to contract with a licensed casino operator in order 154
to conduct online sports pool or online race book activities in 155
Mississippi. The commission shall only issue a gaming license to 156
a legal gaming establishment located on a premises in a county 157
where gaming may be conducted in accordance with Mississippi law 158
that is operating a casino in a county that has not prohibited 159
gaming by a referendum vote of registered voters pursuant to 160
Section 19-3-79. Should a gaming license expire, be revoked or be 161
suspended, then all such online activities associated with that 162
gaming license will cease until such time that the commission 163
renews the license or issues an order allowing the gaming licensee 164
to recommence its gaming operations. 165
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(5) The contractual terms between a licensed gaming operator 166
and the licensed platform shall be consistent with Mississippi 167
law, including, but not limited to, the terms of this Act. 168
(6) The commission shall, from time to time, adopt, amend or 169
repeal such regulations, consistent with the policy, objects and 170
purposes of this chapter, as it may deem necessary or desirable in 171
the public interest in carrying out the policy and provisions of 172
this chapter. The commission shall comply with the Mississippi 173
Administrative Procedures Law when adopting, amending or repealing 174
any regulations authorized under this section or under any other 175
provision of this chapter. 176
(7) The Commission shall promulgate rules and regulations 177
that require a licensee to implement responsible sport betting 178
programs. Such rules and regulations shall require a licensee to 179
develop a strategic implementation plan with details as to: 180
(a) The use of player data and technology to aid in 181
identifying potential problem gamblers; 182
(b) The use of automated triggers to identify and 183
manage accounts or potential problem gamblers; and 184
(c) The levels of intervention and education provided 185
to identify at-risk players, which shall include at a minimum: 186
(i) A first phase involving communications with 187
the individual in order to educate him or her on the availability 188
of various responsible gaming features and resources offered by 189
the licensee; 190
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(ii) A second phase that includes a video tutorial 191
displayed to the individual either as one or multiple videos that 192
provides education on the features and resources available; and 193
(iii) A third phase, when warranted, that includes 194
access to a list of responsible gaming professionals provided by 195
the licensee to advise the individual on possible corrective 196
actions to address at-risk behavior. 197
(8) The commission shall establish, via administrative order 198
or regulation, a universal start date for all licensed online 199
sports pool platforms and all licensed online race book platforms 200
to commence accepting online wagers outside of a licensed gaming 201
premises. This universal start date shall be no later than 202
December 8, 2026. 203
SECTION 4. (1) Each licensed establishment may enter into 204
contracts with no more than two (2) platforms to operate an online 205
sports pool and no more than two (2) online race book platforms to 206
operate online race book. Each platform may, but is not required 207
to, offer both an online sports pool and an online race book. No 208
platform, individually or collectively with any other platform or 209
other party, shall take any action that would restrict or limit a 210
single casino license holder, or a group of casino license 211
holders, from offering online sports pool or online race book 212
services to customers. The commission shall maintain a list of 213
licensed platforms to be made available to licensed casino 214
operators. If a platform receives a request from a licensed 215
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casino operator to discuss business terms related to providing 216
online sports pool or online race book services to its customers, 217
then the platform will engage in good-faith discussions with the 218
licensed casino operator. The platform will be subject to 219
Sections 75-76-157 through 75-76-173 and subject to regulations 220
authorized under this act, as well as the Mississippi Gaming 221
Control Act, which may require a platform to appear before the 222
commission or in a court proceeding to respond to any player 223
dispute or an order to show cause issued by the commission. 224
Notwithstanding any provision of law to the contrary, a platform 225
may, on behalf of its gaming license holder, determine whether to 226
accept or reject wagers, determine the results of wagers, and 227
payout winning wagers. 228
(2) A platform, on behalf of the holder of a gaming license 229
in this state, may accept online sports pool and online race book 230
wagers placed over the Internet, including on websites and the use 231
of a personal computer, mobile phone, or other interactive device 232
used by an individual to place a sports pool or race book wager, 233
subject to the following: 234
(a) All players shall establish a wagering account and 235
an initial identification and age verification shall be conducted 236
before any wager by the player may be accepted by the platform. A 237
player may establish a wagering account with a platform in person 238
at a licensed establishment or over the Internet, including on 239
websites and mobile or interactive devices. 240
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(b) A platform, on behalf of the holder of a gaming 241
license in this state, shall accept wagers only from players 242
located in Mississippi. A platform shall maintain geofencing or 243
geolocating services and pay all costs and responsibilities 244
related to such services required by the commission. Servers, 245
including the use of backup servers, may be located outside of 246
this state, consistent with federal law. To the extent required 247
by federal law, a platform shall maintain in this state the 248
servers it uses to accept wagers on an online sports pool or 249
online race book placed by bettors located in this state. A 250
platform shall comply with all identification verification 251
requirements and will take other commercially reasonable steps to 252
prevent compulsive and problem gaming and to ensure that no person 253
who is restricted or who is ineligible to participate in online 254
gaming is able to use the platform to place bets or wagers on 255
events. 256
(c) A platform shall take commercially reasonable steps 257
to prevent any person who is self-excluded from entering a gaming 258
property in Mississippi from opening an online wagering account. 259
The Mississippi Gaming Commission shall maintain this list of 260
individuals and provide it to platforms on a regular basis. 261
(d) A platform, in addition, shall take commercially 262
reasonable steps to ensure that any person who is a player, a 263
coach, umpire, or referee or who is otherwise associated with a 264
collegiate team or a professional team or an athletic event, are 265
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prohibited from wagering on sporting events for which they are 266
affiliated. The Mississippi Gaming Commission shall maintain this 267
list of individuals and provide it to platforms on a regular 268
basis. 269
The platform should further alert customers that violating 270
this restriction or aiding any person who is a minor, a 271
self-excluded person or any other person who is otherwise 272
restricted from wagering online to circumvent such restrictions 273
(either intentionally or in failing to use reasonable steps to 274
properly secure a device), shall be disqualified from 275
participating in any form or online gaming thereafter. 276
(e) A person under the age of twenty-one (21) years 277
shall not play, be allowed to play, place wagers, or collect 278
winnings, whether personally or through an agent, from any online 279
sports pool or online race book authorized under this chapter. 280
(f) A platform shall comply with all identification 281
verification and compulsive and problem gambling protections set 282
forth in law or rule. 283
(g) All platforms must utilize artificial intelligence 284
or equivalent algorithmic monitoring to detect "at-risk" betting 285
behavior. Licensees shall implement mandatory "cooling-off" 286
periods and proactive intervention for patrons displaying signs of 287
problem gaming. 288
(h) For any patron between the ages of eighteen (18) 289
and twenty-five (25) years, the total monthly wagering amount 290
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across all sports wagering platforms shall be limited to Two 291
Hundred Fifty Dollars ($250.00). A patron may exceed this limit 292
only if he or she provides the licensee with verifiable 293
documentation substantiating that their annual gross income 294
exceeds the most recent Mississippi state median household income 295
as reported by the United States Census Bureau. 296
(3) Subject to the regulations of the commission, a platform 297
shall report to the commission: 298
(a) Any criminal proceeding commenced against the 299
platform or its employees in connection with the platform's 300
operations in Mississippi. 301
(b) Any abnormal betting activity or patterns that may 302
indicate a concern about the integrity of a sporting event or 303
athletic event. 304
(c) Any other conduct indicating corruption of the 305
betting outcome of a sporting event or athletic event for 306
financial gain, including, but not limited to, match fixing as 307
well as any restricted person wagering on an event in which they 308
are participating or otherwise affiliated. 309
(d) Suspicious or illegal wagering activities, 310
including the use of funds derived from illegal activity, wagers 311
to conceal or launder funds derived from illegal activity, use of 312
agents to place wagers, or use of false identification. In such a 313
case where information reported from paragraphs (a) through (d), 314
the platform shall work together with the licensed casino operator 315
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and the commission to investigate such matters and to ensure that 316
the accounts affected by or associated with such circumstances are 317
suspended at least until such time that the commission is able to 318
fully investigate the matters and determine the appropriate 319
enforcement action. 320
(4) A dispute over winnings with respect to an online race 321
book or online sports pool shall be resolved under the procedures 322
set forth in Sections 75-76-157 through 75-76-173. 323
SECTION 5. (1) Gross revenue from a platform operating an 324
online race book or an online sports pool on behalf of the holder 325
of a gaming license shall be subject to the license fees and 326
credits under Sections 75-76-177, 75-76-179, 75-76-181 and 327
75-76-185. 328
(2) In addition to any taxes and fees provided for by law, 329
there is imposed and levied a tax in the amount of twenty-two 330
percent (22%) upon all gross gaming revenue from a platform 331
operating an online race book or an online sports pool on behalf 332
of the holder of a gaming license. 333
SECTION 6. (1) There is created the "Mobile Sports Wagering 334
Tax Fund", which shall consist of taxes and fees generated and 335
collected under the Mobile Sports Wagering Act. The Department of 336
Revenue shall be custodian of the fund. Any interest and monies 337
earned on such investments shall be credited to the fund. The 338
fund shall be a dedicated fund and shall be distributed as 339
follows: 340
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(a) (i) Until June 30, 2030, the first Six Million 341
Dollars ($6,000,000.00) deposited to the Mobile Sports Wagering 342
Tax Fund each year shall be transferred into the Retail Sports 343
Wagering Protection Fund, which is created in subsection (2) of 344
this section. At the end of each calendar year, any licensed 345
gaming establishment without a platform whose total annual sports 346
wagering revenue is below the total annual retail sports wagering 347
revenue the same licensed gaming establishment without a platform 348
received in 2026 may apply for a portion of the funds in the 349
Retail Sports Wagering Protection Fund. The commission shall 350
allocate funds in the Retail Sports Wagering Protection Fund 351
proportionately among eligible applicants, but in no case shall a 352
licensed gaming establishment without a platform receive more 353
funds than the amount of the difference between its current year 354
retail sports wagering revenue and 2026 sports wagering revenue. 355
Any funds remaining in the Retail Sports Wagering Protection Fund 356
after this distribution shall be returned to the Mobile Sports 357
Wagering Tax fund for distribution in compliance with subparagraph 358
(ii). 359
(ii) Until June 30, 2030, subject to the 360
provisions of subsection (3) of this section, the remainder of 361
funds in the Mobile Sports Wagering Tax Fund shall be paid on or 362
before the last day of each month by the Department of Revenue to 363
the State Treasurer to be deposited in the Employers' Accumulation 364
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Account of the Public Employees' Retirement System created in 365
Section 25-11-123(c). 366
(b) From and after July 1, 2030, subject to the 367
provisions of subsection (3) of this section, all monies which 368
shall consist of taxes and fees generated and collected under the 369
Mobile Sports Wagering Act and deposited to the Mobile Sports 370
Wagering Tax Fund shall be paid on or before the last day of each 371
month by the Department of Revenue to the State Treasurer to be 372
deposited in the Employers' Accumulation Account of the Public 373
Employees' Retirement System created in Section 25-11-123(c). 374
(2) There is created the "Retail Sports Wagering Protection 375
Fund", which shall consist of taxes and fees transferred from the 376
Mobile Sports Wagering Tax Fund as described in subsection (1)(a) 377
(i) of this section. 378
(3) The provisions of subsection (1)(a)(ii) and subsection 379
(1)(b) of this section shall be applicable only during such time 380
as the assumed rate of return on investments for the assets of the 381
Public Employees' Retirement System is equal to or greater than 382
the actuarial assumed rate of return on investments for the assets 383
of the system on January 1, 2020. 384
SECTION 7. Section 97-33-17, Mississippi Code of 1972, is 385
amended as follows: 386
97-33-17. (1) All monies exhibited for the purpose of 387
betting or alluring persons to bet at any game, and all monies 388
staked or betted, shall be liable to seizure by any sheriff, 389
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constable, or police officer, together with all the appliances 390
used or kept for use in gambling, or by any other person; and all 391
the monies so seized shall be accounted for by the person making 392
the seizure, and all appliances seized shall be destroyed; 393
provided, however, this section shall not apply to betting, gaming 394
or wagering * * *: 395
(a) On a cruise vessel as defined in Section 27-109-1 396
whenever such vessel is in the waters within the State of 397
Mississippi, which lie adjacent to the State of Mississippi south 398
of the three (3) most southern counties in the State of 399
Mississippi, including the Mississippi Sound, St. Louis Bay, 400
Biloxi Bay and Pascagoula Bay, and in which the registered voters 401
of the county in which the port is located have not voted to 402
prohibit such betting, gaming or wagering on cruise vessels as 403
provided in Section 19-3-79; 404
(b) In a structure located in whole or in part on shore 405
in any of the three (3) most southern counties in the State of 406
Mississippi in which the registered voters of the county have 407
voted to allow such betting, gaming or wagering on cruise vessels 408
as provided in Section 19-3-79, if: 409
(i) The structure is owned, leased or controlled 410
by a person possessing a gaming license, as defined in Section 411
75-76-5, to conduct legal gaming on a cruise vessel under 412
paragraph (a) of this subsection; 413
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(ii) The part of the structure in which licensed 414
gaming activities are conducted is located entirely in an area 415
which is located no more than eight hundred (800) feet from the 416
mean high water line (as defined in Section 29-15-1) of the waters 417
within the State of Mississippi, which lie adjacent to the State 418
of Mississippi south of the three (3) most southern counties in 419
the State of Mississippi, including the Mississippi Sound, St. 420
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 421
Harrison County only, no farther north than the southern boundary 422
of the right-of-way for U.S. Highway 90, whichever is greater; and 423
(iii) In the case of a structure that is located 424
in whole or part on shore, the part of the structure in which 425
licensed gaming activities are conducted shall lie adjacent to 426
state waters south of the three (3) most southern counties in the 427
State of Mississippi, including the Mississippi Sound, St. Louis 428
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 429
structure is located consists of a parcel of real property, 430
easements and rights-of-way for public streets and highways shall 431
not be construed to interrupt the contiguous nature of the parcel, 432
nor shall the footage contained within the easements and 433
rights-of-way be counted in the calculation of the distances 434
specified in subparagraph (ii) * * *; 435
(c) A vessel as defined in Section 27-109-1 whenever 436
such vessel is on the Mississippi River or navigable waters within 437
any county bordering on the Mississippi River, and in which the 438
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registered voters of the county in which the port is located have 439
not voted to prohibit such betting, gaming or wagering on vessels 440
as provided in Section 19-3-79; or 441
(d) That is legal under the laws of the State of 442
Mississippi. 443
(2) Nothing in this section shall apply to any gambling 444
device, machine or equipment that is owned, possessed, controlled, 445
installed, procured, repaired or transported in accordance with 446
subsection (4) of Section 97-33-7. 447
SECTION 8. Section 75-76-5, Mississippi Code of 1972, is 448
amended as follows: 449
75-76-5. As used in this chapter, unless the context 450
requires otherwise: 451
(a) "Applicant" means any person who has applied for or 452
is about to apply for a state gaming license, registration or 453
finding of suitability under the provisions of this chapter or 454
approval of any act or transaction for which approval is required 455
or permitted under the provisions of this chapter. 456
(b) "Application" means a request for the issuance of a 457
state gaming license, registration or finding of suitability under 458
the provisions of this chapter or for approval of any act or 459
transaction for which approval is required or permitted under the 460
provisions of this chapter but does not include any supplemental 461
forms or information that may be required with the application. 462
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(c) "Associated equipment" means any equipment or 463
mechanical, electromechanical or electronic contrivance, component 464
or machine used remotely or directly in connection with gaming or 465
with any game, race book or sports pool that would not otherwise 466
be classified as a gaming device, including dice, playing cards, 467
links which connect to progressive slot machines, equipment which 468
affects the proper reporting of gross revenue, computerized 469
systems of betting at a race book or sports pool, computerized 470
systems for monitoring slot machines, and devices for weighing or 471
counting money. 472
(d) "Chairman" means the Chairman of the Mississippi 473
Gaming Commission except when used in the term "Chairman of the 474
State Tax Commission." "Chairman of the State Tax Commission" or 475
"commissioner" means the Commissioner of Revenue of the Department 476
of Revenue. 477
(e) "Commission" or "Mississippi Gaming Commission" 478
means the Mississippi Gaming Commission. 479
(f) "Commission member" means a member of the 480
Mississippi Gaming Commission. 481
(g) "Credit instrument" means a writing which evidences 482
a gaming debt owed to a person who holds a license at the time the 483
debt is created, and includes any writing taken in consolidation, 484
redemption or payment of a prior credit instrument. 485
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(h) "Enforcement division" means a particular division 486
supervised by the executive director that provides enforcement 487
functions. 488
(i) "Establishment" means any premises wherein or 489
whereon any gaming is done. 490
(j) "Executive director" means the Executive Director 491
of the Mississippi Gaming Commission. 492
(k) Except as otherwise provided by law, "game," or 493
"gambling game" means any banking or percentage game played with 494
cards, with dice or with any mechanical, electromechanical or 495
electronic device or machine for money, property, checks, credit 496
or any representative of value, including, without limiting, the 497
generality of the foregoing, faro, monte, roulette, keno, fan tan, 498
twenty one, blackjack, seven and a half, big injun, klondike, 499
craps, poker, chuck a luck (dai shu), wheel of fortune, chemin de 500
fer, baccarat, pai gow, beat the banker, panguingui, slot machine, 501
or any other game or device approved by the commission. However, 502
"game" or "gambling game" shall not include bingo games or raffles 503
which are held pursuant to the provisions of Section 97-33-51, or 504
the illegal gambling activities described in Section 97-33-8. 505
The commission shall not be required to recognize any game 506
hereunder with respect to which the commission determines it does 507
not have sufficient experience or expertise. 508
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(l) "Gaming" or "gambling" means to deal, operate, 509
carry on, conduct, maintain or expose for play any game as defined 510
in this chapter. 511
(m) "Gaming device" means any mechanical, 512
electromechanical or electronic contrivance, component or machine 513
used in connection with gaming or any game which affects the 514
result of a wager by determining win or loss. The term includes a 515
system for processing information which can alter the normal 516
criteria of random selection, which affects the operation of any 517
game, or which determines the outcome of a game. The term does 518
not include a system or device which affects a game solely by 519
stopping its operation so that the outcome remains undetermined, 520
and does not include any antique coin machine as defined in 521
Section 27-27-12. 522
(n) "Gaming employee" means any person connected 523
directly with the operation of a gaming establishment licensed to 524
conduct any game, including: 525
(i) Boxmen; 526
(ii) Cashiers; 527
(iii) Change personnel; 528
(iv) Counting room personnel; 529
(v) Dealers; 530
(vi) Floormen; 531
(vii) Hosts or other persons empowered to extend 532
credit or complimentary services; 533
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(viii) Keno runners; 534
(ix) Keno writers; 535
(x) Machine mechanics; 536
(xi) Security personnel; 537
(xii) Shift or pit bosses; 538
(xiii) Shills; 539
(xiv) Supervisors or managers; and 540
(xv) Ticket writers. 541
The term "gaming employee" also includes employees of 542
manufacturers or distributors of gaming equipment within this 543
state whose duties are directly involved with the manufacture, 544
repair or distribution of gaming equipment. 545
"Gaming employee" does not include bartenders, cocktail 546
waitresses or other persons engaged in preparing or serving food 547
or beverages unless acting in some other capacity. 548
(o) "Gaming license" means any license issued by the 549
state which authorizes the person named therein to engage in 550
gaming. 551
(p) "Gross revenue" means the total of all of the 552
following, less the total of all cash paid out as losses to 553
patrons and those amounts paid to purchase annuities to fund 554
losses paid to patrons over several years by independent financial 555
institutions: 556
(i) Cash received as winnings; 557
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(ii) Cash received in payment for credit extended 558
by a licensee to a patron for purposes of gaming; and 559
(iii) Compensation received for conducting any 560
game in which the licensee is not party to a wager. 561
For the purposes of this definition, cash or the value of 562
noncash prizes awarded to patrons in a contest or tournament are 563
not losses. 564
The term does not include: 565
(i) Counterfeit money or tokens; 566
(ii) Coins of other countries which are received 567
in gaming devices; 568
(iii) Cash taken in fraudulent acts perpetrated 569
against a licensee for which the licensee is not reimbursed; or 570
(iv) Cash received as entry fees for contests or 571
tournaments in which the patrons compete for prizes. 572
(q) "Hearing examiner" means a member of the 573
Mississippi Gaming Commission or other person authorized by the 574
commission to conduct hearings. 575
(r) "Investigation division" means a particular 576
division supervised by the executive director that provides 577
investigative functions. 578
(s) "License" means a gaming license or a 579
manufacturer's, seller's or distributor's license. 580
(t) "Licensee" means any person to whom a valid license 581
has been issued. 582
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(u) "License fees" means monies required by law to be 583
paid to obtain or continue a gaming license or a manufacturer's, 584
seller's or distributor's license. 585
(v) "Licensed gaming establishment" means any premises 586
licensed pursuant to the provisions of this chapter wherein or 587
whereon gaming is done. 588
(w) "Manufacturer's," "seller's" or "distributor's" 589
license means a license issued pursuant to Section 75-76-79. 590
(x) "Navigable waters" shall have the meaning ascribed 591
to such term under Section 27-109-1. 592
(y) "Operation" means the conduct of gaming. 593
(z) "Party" means the Mississippi Gaming Commission and 594
any licensee or other person appearing of record in any proceeding 595
before the commission; or the Mississippi Gaming Commission and 596
any licensee or other person appearing of record in any proceeding 597
for judicial review of any action, decision or order of the 598
commission. 599
(aa) "Person" includes any association, corporation, 600
firm, partnership, trust or other form of business association as 601
well as a natural person. 602
(bb) "Premises" means land, together with all 603
buildings, improvements and personal property located thereon, and 604
includes all parts of any vessel or cruise vessel. 605
(cc) "Race book" means the business of accepting wagers 606
upon the outcome of any event held at a track which uses the 607
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pari-mutuel system of wagering and includes "online race book" as 608
defined by this act. 609
(dd) "Regulation" means a rule, standard, directive or 610
statement of general applicability which effectuates law or policy 611
or which describes the procedure or requirements for practicing 612
before the commission. The term includes a proposed regulation 613
and the amendment or repeal of a prior regulation but does not 614
include: 615
(i) A statement concerning only the internal 616
management of the commission and not affecting the rights or 617
procedures available to any licensee or other person; 618
(ii) A declaratory ruling; 619
(iii) An interagency memorandum; 620
(iv) The commission's decision in a contested case 621
or relating to an application for a license; or 622
(v) Any notice concerning the fees to be charged 623
which are necessary for the administration of this chapter. 624
(ee) "Respondent" means any licensee or other person 625
against whom a complaint has been filed with the commission. 626
(ff) "Slot machine" means any mechanical, electrical or 627
other device, contrivance or machine which, upon insertion of a 628
coin, token or similar object, or upon payment of any 629
consideration, is available to play or operate, the play or 630
operation of which, whether by reason of the skill of the operator 631
or application of the element of chance, or both, may deliver or 632
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entitle the person playing or operating the machine to receive 633
cash, premiums, merchandise, tokens or anything of value, whether 634
the payoff is made automatically from the machine or in any other 635
manner. The term does not include any antique coin machine as 636
defined in Section 27-27-12. 637
(gg) "Sports pool" means the business of accepting 638
wagers on collegiate or professional sporting events or athletic 639
events, by any system or method of wagering other than the system 640
known as the "pari-mutuel method of wagering * * *, and includes 641
"online sports pool" as defined by this act. 642
(hh) "State Tax Commission" or "department" means the 643
Department of Revenue of the State of Mississippi. 644
(ii) "Temporary work permit" means a work permit which 645
is valid only for a period not to exceed ninety (90) days from its 646
date of issue and which is not renewable. 647
(jj) "Vessel" or "cruise vessel" shall have the 648
meanings ascribed to such terms under Section 27-109-1. 649
(kk) "Work permit" means any card, certificate or 650
permit issued by the commission, whether denominated as a work 651
permit, registration card or otherwise, authorizing the employment 652
of the holder as a gaming employee. A document issued by any 653
governmental authority for any employment other than gaming is not 654
a valid work permit for the purposes of this chapter. 655
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(ll) "School or training institution" means any school 656
or training institution which is licensed by the commission to 657
teach or train gaming employees pursuant to Section 75-76-34. 658
(mm) "Cheat" means to alter the selection of criteria 659
that determine: 660
(i) The rules of a game; or 661
(ii) The amount or frequency of payment in a game. 662
(nn) "Promotional activity" means an activity or event 663
conducted or held for the purpose of promoting or marketing the 664
individual licensed gaming establishment that is engaging in the 665
promotional activity. The term includes, but is not limited to, a 666
game of any kind other than as defined in paragraph (k) of this 667
section, a tournament, a contest, a drawing, or a promotion of any 668
kind. 669
SECTION 9. Section 75-76-33, Mississippi Code of 1972, is 670
amended as follows: 671
75-76-33. (1) The commission shall, from time to time, 672
adopt, amend or repeal such regulations, consistent with the 673
policy, objects and purposes of this chapter, as it may deem 674
necessary or desirable in the public interest in carrying out the 675
policy and provisions of this chapter. The commission shall 676
comply with the Mississippi Administrative Procedures Law when 677
adopting, amending or repealing any regulations authorized under 678
this section or under any other provision of this chapter. 679
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(2) These regulations shall, without limiting the general 680
powers herein conferred, include the following: 681
(a) Prescribing the method and form of application 682
which any applicant for a license or for a manufacturer's, 683
seller's or distributor's license must follow and complete before 684
consideration of his application by the executive director or the 685
commission. 686
(b) Prescribing the information to be furnished by any 687
applicant or licensee concerning his antecedents, habits, 688
character, associates, criminal record, business activities and 689
financial affairs, past or present. 690
(c) Prescribing the information to be furnished by a 691
licensee relating to his employees. 692
(d) Requiring fingerprinting of an applicant or 693
licensee, and gaming employees of a licensee, or other methods of 694
identification and the forwarding of all fingerprints taken 695
pursuant to regulation of the Federal Bureau of Investigation. 696
(e) Prescribing the manner and procedure of all 697
hearings conducted by the commission or any hearing examiner of 698
the commission, including special rules of evidence applicable 699
thereto and notices thereof. 700
(f) Requiring any applicant to pay all or any part of 701
the fees and costs of investigation of such applicant as may be 702
determined by the commission under paragraph (g) of this 703
subsection (2). 704
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(g) Prescribing the amounts of investigative fees only 705
as authorized by regulations of the commission under paragraph (f) 706
of this subsection, and collecting those fees. The commission 707
shall adopt regulations setting the amounts of those fees at 708
levels that will provide the commission with sufficient revenue, 709
when combined with any other monies as may be deposited into the 710
Mississippi Gaming Commission Fund created in Section 75-76-325, 711
to carry out the provisions of this chapter without any state 712
general funds. In calculating the amount of such fees, the 713
commission shall: 714
(i) Attempt to set the fees at levels that will 715
create a balance in the Mississippi Gaming Commission Fund that 716
does not exceed, at the end of any state fiscal year, two percent 717
(2%) of the projected amount of funds that will provide the 718
commission with such sufficient revenue; and 719
(ii) Demonstrate the reasonableness of the 720
relationship between a fee and the actual costs of the 721
investigative activity for which the fee is being prescribed. 722
(h) Prescribing the manner and method of collection and 723
payment of fees and issuance of licenses. 724
(i) Prescribing under what conditions a licensee may be 725
deemed subject to revocation or suspension of his license. 726
(j) Requiring any applicant or licensee to waive any 727
privilege with respect to any testimony at any hearing or meeting 728
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of the commission, except any privilege afforded by the 729
Constitution of the United States or this state. 730
(k) Defining and limiting the area, games and devices 731
permitted, and the method of operation of such games and devices, 732
for the purposes of this chapter. 733
(l) Prescribing under what conditions the nonpayment of 734
a gambling debt by a licensee shall be deemed grounds for 735
revocation or suspension of his license. 736
(m) Governing the use and approval of gambling devices 737
and equipment. 738
(n) Prescribing the qualifications of, and the 739
conditions under which, attorneys, accountants and others are 740
permitted to practice before the commission. 741
(o) Restricting access to confidential information 742
obtained under this chapter and ensuring that the confidentiality 743
of such information is maintained and protected. 744
(p) Prescribing the manner and procedure by which the 745
executive director on behalf of the commission shall notify a 746
county or a municipality wherein an applicant for a license 747
desires to locate. 748
(q) Prescribing the manner and procedure for an 749
objection to be filed with the commission and the executive 750
director by a county or municipality wherein an applicant for a 751
license desires to locate. 752
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(3) Notwithstanding any other provision of law, each 753
licensee shall be required to comply with the regulation that no 754
wager may be placed by, or on behalf of, any individual or entity 755
or group, not present on a licensed vessel or cruise vessel, 756
except through an online sports pool or online race book, or as 757
otherwise provided by this act. 758
(4) From and after July 1, 2016, the expenses of this agency 759
shall be defrayed by appropriation from the State General Fund and 760
all user charges and fees authorized under this section shall be 761
deposited into the State General Fund as authorized by law. 762
(5) From and after July 1, 2016, no state agency shall 763
charge another state agency a fee, assessment, rent or other 764
charge for services or resources received by authority of this 765
section. 766
SECTION 10. Section 75-76-89, Mississippi Code of 1972, is 767
amended as follows: 768
75-76-89. (1) Except as otherwise provided in subsection 769
( * * *2) of this section, all licenses issued to the same person, 770
including a wholly owned subsidiary of that person, for the 771
operation of any game, including a sports pool or race book, 772
whether online or in person, which authorize gaming at the same 773
establishment must be merged into a single gaming license. A 774
gaming license may not be issued to any person if the issuance 775
would result in more than one (1) licensed operation at a single 776
establishment, unless authorized by this act whether or not the 777
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profits or revenue from gaming are shared between the licensed 778
operations. This shall in no way be interpreted to mean that a 779
platform is the holder of a gaming license. 780
(2) A person who has been issued a gaming license may 781
establish a sports pool or race book on the premises of the 782
establishment at which he or she conducts a gaming operation only 783
after obtaining permission from the executive director which 784
permission shall be subject to approval of the terms of any 785
contracts to ensure compliance with state gaming laws entered by 786
the gaming licensee with a licensed platform and any other such 787
third parties providing related services. 788
SECTION 11. Section 75-76-91, Mississippi Code of 1972, is 789
amended as follows: 790
75-76-91. (1) All licenses issued under the provisions of 791
this chapter must be posted by the licensee and kept posted at all 792
times in a conspicuous place in the establishment for which issued 793
until replaced by a succeeding license. The gaming licensee shall 794
also conspicuously post the license for the platform used in its 795
establishment. 796
(2) All licenses may be inspected by authorized state, 797
county and municipal officials. 798
SECTION 12. Section 75-76-129, Mississippi Code of 1972, is 799
amended as follows: 800
[Through June 30, 2028, this section shall read as follows:] 801
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75-76-129. (1) On or before the last day of each month all 802
taxes, fees, interest, penalties, damages, fines or other monies 803
collected by the Department of Revenue during that month under the 804
provisions of this chapter, with the exception of (a) the local 805
government fees imposed under Section 75-76-195, and (b) an amount 806
equal to Three Million Dollars ($3,000,000.00) of the revenue 807
collected pursuant to the fee imposed under Section 808
75-76-177(1)(c), * * * (c) the revenue collected pursuant to the 809
fee imposed under Section 75-76-177(1)(c) as a result of wagers on 810
sporting events and (d) the revenue collected pursuant to the 811
Mobile Sports Wagering Act from online sports pools and online 812
racebooks shall be paid by the Department of Revenue to the State 813
Treasurer to be deposited in the State General Fund. The local 814
government fees shall be distributed by the Department of Revenue 815
pursuant to Section 75-76-197. 816
(2) An amount equal to Three Million Dollars ($3,000,000.00) 817
of the revenue collected during that month pursuant to the fee 818
imposed under Section 75-76-177(1)(c) shall be deposited by the 819
Department of Revenue into the bond sinking fund created in 820
Section 1(3) of Chapter 479, Laws of 2015. 821
(3) Revenue collected pursuant to the fee imposed under 822
Section 75-76-177(1)(c) as a result of wagers on sporting events 823
shall be deposited into the State Highway Fund to be used solely 824
for the repair and maintenance of highways and bridges of the 825
State of Mississippi. This revenue shall be used first for 826
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matching funds made available to the state for such purposes 827
pursuant to any federal highway infrastructure program implemented 828
after September 1, 2018. 829
(4) Revenue collected pursuant to the fee imposed pursuant 830
to Section 75-76-177(c) as a result of wagers on online sports 831
pools and online race books shall be deposited into the "Mobile 832
Sports Wagering Tax Fund" as provided in Section 6 of this act. 833
[From and after July 1, 2028, this section shall read as 834
follows:] 835
75-76-129. (1) On or before the last day of each month all 836
taxes, fees, interest, penalties, damages, fines or other monies 837
collected by the Department of Revenue during that month under the 838
provisions of this chapter, with the exception of (a) the local 839
government fees imposed under Section 75-76-195, * * * (b) an 840
amount equal to Three Million Dollars ($3,000,000.00) of the 841
revenue collected pursuant to the fee imposed under Section 842
75-76-177(1)(c), and (c) the revenue collected pursuant to the 843
Mobile Sports Wagering Act from online sports pools and online 844
racebooks shall be paid by the Department of Revenue to the State 845
Treasurer to be deposited in the State General Fund. The local 846
government fees shall be distributed by the Department of Revenue 847
pursuant to Section 75-76-197. An amount equal to Three Million 848
Dollars ($3,000,000.00) of the revenue collected during that month 849
pursuant to the fee imposed under Section 75-76-177(1)(c) shall be 850
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deposited by the Department of Revenue into the bond sinking fund 851
created in Section 1(3) of Chapter 479, Laws of 2015. 852
(2) Revenue collected pursuant to the fee imposed pursuant 853
to Section 75-76-177(c) as a result of wagers on online sports 854
pools and online race books shall be deposited into the "Mobile 855
Sports Wagering Tax Fund" as provided in Section 6 of this act. 856
SECTION 13. Section 75-76-203, Mississippi Code of 1972, is 857
amended as follows: 858
75-76-203. In order to be eligible to receive a state gaming 859
license, a corporation shall: 860
(a) Be incorporated: 861
(i) In the State of Mississippi, although such 862
corporation may be a wholly or partly owned subsidiary of a 863
corporation which is chartered in another state of the United 864
States; or 865
(ii) In another state of the United States, if all 866
persons having any direct or indirect interest of any nature in 867
such corporation are licensed as required by this chapter and any 868
applicable regulations of the commission; 869
(b) Maintain an office of the corporation on the 870
licensed premises, except for any platform that operates on behalf 871
of a holder of a gaming license in this state; 872
(c) Comply with all of the requirements of the laws of 873
the State of Mississippi pertaining to corporations; and 874
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(d) Maintain a ledger in the principal office of the 875
corporation in Mississippi, which shall: 876
(i) At all times reflect the ownership of every 877
class of security issued by the corporation; and 878
(ii) Be available for inspection by the commission 879
or the executive director or his employees at all reasonable times 880
without notice. 881
SECTION 14. Section 75-76-205, Mississippi Code of 1972, is 882
brought forward as follows: 883
75-76-205. No domestic corporation is eligible to receive a 884
gaming license unless it is in good standing in this state. No 885
foreign corporation is eligible to receive a gaming license unless 886
it qualifies to do business in this state. 887
SECTION 15. Section 75-76-211, Mississippi Code of 1972, is 888
brought forward as follows: 889
75-76-211. All officers and directors of the corporation 890
which holds or applies for a state gaming license must be licensed 891
individually, according to the provisions of this chapter; and if, 892
in the judgment of the commission, the public interest will be 893
served by requiring any or all of the corporation's individual 894
stockholders, lenders, holders of evidences of indebtedness, 895
underwriters, key executives, agents or employees to be licensed, 896
the corporation shall require such persons to apply for a license 897
in accordance with the laws and requirements in effect at the time 898
the commission requires such licensing. A person who is required 899
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to be licensed by this section shall apply for a license within 900
thirty (30) days after he becomes an officer or director. A 901
person who is required to be licensed pursuant to a decision of 902
the commission shall apply for a license within thirty (30) days 903
after the executive director requests him to do so. 904
SECTION 16. Section 75-76-55, Mississippi Code of 1972, is 905
brought forward as follows: 906
75-76-55. (1) Except as otherwise provided in Section 907
75-76-34, it is unlawful for any person, either as owner, lessee 908
or employee, whether for hire or not, either solely or in 909
conjunction with others, without having first procured and 910
thereafter maintaining in effect a state gaming license: 911
(a) To deal, operate, carry on, conduct, maintain or 912
expose for play in the State of Mississippi any gambling game, 913
including, without limitation, any gaming device, slot machine, 914
race book or sports pool; 915
(b) To provide or maintain any information service the 916
primary purpose of which is to aid the placing or making of wagers 917
on events of any kind; or 918
(c) To receive, directly or indirectly, any 919
compensation or reward or any percentage or share of the money or 920
property played, for keeping, running or carrying on any gambling 921
game, including, without limitation, any slot machine, gaming 922
device, race book or sports pool. 923
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(2) Except as otherwise provided in Section 75-76-34, it is 924
unlawful for any person knowingly to permit any gambling game, 925
including, without limitation, any slot machine, gaming device, 926
race book or sports pool to be conducted, operated, dealt or 927
carried on in any house or building or other premises owned by 928
him, in whole or in part, by a person who is not licensed pursuant 929
to this chapter or by his employee. 930
SECTION 17. Section 75-76-79, Mississippi Code of 1972, is 931
amended as follows: 932
75-76-79. (1) (a) Except as otherwise provided in 933
paragraphs (b) and (c) of this subsection, it is unlawful for any 934
person, either as owner, lessee or employee, whether for hire or 935
not, to operate, carry on, conduct or maintain any form of 936
manufacture, selling or distribution of any gaming device for use 937
or play in Mississippi or for distribution outside of Mississippi 938
without first procuring and maintaining all required federal and 939
state licenses. 940
(b) A lessor who specifically acquires equipment for a 941
capital lease is not required to be licensed under this section. 942
(c) The holder of a state gaming license or the holding 943
company of a corporate licensee may, within two (2) years after 944
cessation of business or upon specific approval by the executive 945
director, dispose of by sale in a manner approved by the executive 946
director, any or all of its gaming devices, including slot 947
machines, without a distributor's license. In cases of bankruptcy 948
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of a state gaming licensee or foreclosure of a lien by a bank or 949
other person holding a security interest for which gaming devices 950
are security, in whole or in part, for the lien, the executive 951
director may authorize the disposition of the gaming devices 952
without requiring a distributor's license. 953
(d) Any person whom the commission determines is a 954
suitable person to receive a license under the provisions of this 955
section may be issued a manufacturer's or distributor's license. 956
The burden of proving his qualification to receive or hold a 957
license under this section is at all times on the applicant or 958
licensee. 959
(e) Every person who must be licensed pursuant to this 960
section is subject to the provisions of Sections 75-76-199 through 961
75-76-265, unless exempted from those provisions by the 962
commission. 963
(f) The commission may exempt, for any purpose, a 964
manufacturer, seller or distributor from the provisions of 965
Sections 75-76-199 through 75-76-265, if the commission determines 966
that the exemption is consistent with the purposes of this 967
chapter. 968
(g) As used in this section, "holding company" has the 969
meaning ascribed to it in Section 75-76-199. 970
(2) If the commission determines that a manufacturer or 971
distributor is unsuitable to receive or hold a license: 972
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(a) No new gaming device or associated equipment 973
manufactured by the manufacturer or distributed by the distributor 974
may be approved; 975
(b) Any previously approved device or associated 976
equipment manufactured by the manufacturer or distributed by the 977
distributor is subject to revocation of approval if the reasons 978
for the denial of the license also apply to that device or 979
associated equipment; 980
(c) No new device or associated equipment manufactured 981
by the manufacturer or distributed by the distributor may be sold, 982
transferred or offered for use or play in Mississippi; and 983
(d) Any association or agreement between the 984
manufacturer or distributor and a licensee must be terminated, 985
unless otherwise provided by the commission. An agreement between 986
such a manufacturer or distributor of gaming devices or associated 987
equipment and a licensee shall be deemed to include a provision 988
for its termination without liability on the part of the licensee 989
upon a finding by the commission that the manufacturer is 990
unsuitable to be associated with a gaming enterprise. Failure to 991
include that condition in the agreement is not a defense in any 992
action brought pursuant to this section to terminate the 993
agreement. 994
(3) Failure of a licensee to terminate any association or 995
agreement with a manufacturer or distributor of gaming devices or 996
associated equipment after receiving notice of a determination of 997
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unsuitability, the denial of a license or failure to file a timely 998
application for a license, is an unsuitable method of operation. 999
(4) There is hereby imposed and levied on each applicant for 1000
a manufacturer's, seller's or distributor's license under this 1001
section an annual license fee in the following amount: 1002
(a) For the issuance or continuation of a 1003
manufacturer's license, One Thousand Dollars ($1,000.00). 1004
(b) For the issuance or continuation of a seller's or 1005
distributor's license, Five Hundred Dollars ($500.00). 1006
This fee is to be paid by the applicant to the * * * 1007
Department of Revenue on or before the filing of the application 1008
for a manufacturer's, seller's or distributor's license by the 1009
applicant. Upon such payment the * * * Commissioner of Revenue 1010
shall certify to the executive director that such fee has been 1011
paid by the applicant. 1012
Except for those amounts that a person issued a 1013
manufacturer's license under this section may charge for goods 1014
supplied or services rendered, the person holding the 1015
manufacturer's license may not be directly reimbursed by a holder 1016
of a gaming license for the cost of any fee paid by the person for 1017
the issuance or continuation of such a license, whether imposed 1018
under this section or any other provision of this chapter. 1019
(5) A manufacturer or distributor of associated equipment 1020
who sells, transfers or offers the associated equipment for use or 1021
play in Mississippi may be required by the executive director to 1022
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file an application for a finding of suitability to be a 1023
manufacturer or distributor of associated equipment. 1024
Any person who directly or indirectly involves himself in the 1025
sale, transfer or offering for use or play in Mississippi of 1026
associated equipment who is not otherwise required to be licensed 1027
as a manufacturer or distributor may be required by the executive 1028
director to file an application for a finding of suitability to be 1029
a manufacturer or distributor of associated equipment. 1030
If an application for a finding of suitability is not 1031
submitted within thirty (30) days after demand by the executive 1032
director, he may pursue any remedy or combination of remedies 1033
provided in this chapter. 1034
(6) The executive director and his employees may inspect 1035
every gaming device which is manufactured, sold or distributed: 1036
(a) For use in this state, before the gaming device is 1037
put into play. 1038
(b) In this state for use outside this state, before 1039
the gaming device is shipped out of this state. 1040
The executive director may inspect every gaming device which 1041
is offered for play within this state by a licensee. 1042
The executive director may inspect all associated equipment 1043
which is manufactured, sold or distributed for use in this state 1044
before the equipment is installed or used by a gaming licensee. 1045
In addition to all other fees and charges imposed by this 1046
chapter, the executive director may determine an inspection fee 1047
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with regard to each manufacturer, seller or distributor which must 1048
not exceed the actual cost of inspection and investigation. Upon 1049
such determination, the executive director shall certify to the 1050
* * * Commissioner of Revenue the amount of the inspection fee 1051
and the name and address of the applicant. Upon such 1052
certification the * * * Department of Revenue shall proceed to 1053
assess and collect such inspection fee from the applicant. 1054
SECTION 18. Section 75-76-101, Mississippi Code of 1972, is 1055
amended as follows: 1056
75-76-101. (1) All gaming must be conducted with chips, 1057
tokens or other instrumentalities approved by the executive 1058
director or with the legal tender of the United States. 1059
(2) Except for an online sports pool or online race book, no 1060
licensee shall permit participation by a person in a game 1061
conducted in the licensed gaming establishment if such person is 1062
not physically present in the licensed gaming establishment during 1063
the period of time when such game is being conducted, and all 1064
games and the participation of patrons therein shall be entirely 1065
located and conducted on the licensed premises. 1066
SECTION 19. Section 75-76-175, Mississippi Code of 1972, is 1067
amended as follows: 1068
75-76-175. (1) A credit instrument accepted on or after 1069
June 29, 1991, is valid and may be enforced by legal process. 1070
(2) A licensee or a person acting on the licensee's behalf 1071
may accept an incomplete credit instrument which: 1072
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(a) Is signed by a patron; and 1073
(b) States the amount of the debt in figures. 1074
Such licensee or person acting on the licensee's behalf * * * 1075
may complete the instrument as is necessary for the instrument to 1076
be presented for payment. 1077
(3) A licensee or person acting on behalf of a licensee: 1078
(a) May accept a credit instrument that is dated later 1079
than the date of its execution if that later date is furnished at 1080
the time of the execution of the credit instrument by the patron. 1081
(b) May not accept a credit instrument which is 1082
incomplete, except as authorized by subsection (2) of this 1083
section. 1084
(c) May accept a credit instrument that is payable to 1085
an affiliated company or may complete a credit instrument in the 1086
name of an affiliated company as payee if the credit instrument 1087
otherwise complies with this subsection and the records of the 1088
affiliated company pertaining to the credit instrument are made 1089
available to the executive director upon request. 1090
(4) This section does not prohibit the establishment of an 1091
account by a deposit of cash, recognized traveler's check, or any 1092
other instruments which is equivalent to cash. 1093
(5) Any person who violates the provisions of this section 1094
is subject only to the penalties provided in Sections 75-76-103 1095
through 75-76-119, inclusive. 1096
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(6) The commission may adopt regulations prescribing the 1097
conditions under which a credit instrument may be redeemed or 1098
presented to a bank for collection or payment. 1099
SECTION 20. Section 75-76-177, Mississippi Code of 1972, is 1100
amended as follows: 1101
75-76-177. (1) From and after August 1, 1990, there is 1102
hereby imposed and levied on each gaming licensee a license fee 1103
based upon all the gross revenue of the licensee as follows: 1104
(a) Four percent (4%) of all the gross revenue of the 1105
licensee which does not exceed Fifty Thousand Dollars ($50,000.00) 1106
per calendar month; 1107
(b) Six percent (6%) of all the gross revenue of the 1108
licensee which exceeds Fifty Thousand Dollars ($50,000.00) per 1109
calendar month and does not exceed One Hundred Thirty four 1110
Thousand Dollars ($134,000.00) per calendar month; and 1111
(c) Eight percent (8%) of all the gross revenue of the 1112
licensee which exceeds One Hundred Thirty-four Thousand Dollars 1113
($134,000.00) per calendar month through June 30, 2026, and six 1114
percent (6%) per calendar month thereafter. However, from and 1115
after July 1, 2026, for the portion of such gross revenue that is 1116
derived from sports pool or race book other than online sports 1117
pool or online race book, the rate of the fee shall be three and 1118
one-half percent (3.5%). 1119
(2) All revenue received from any game or gaming device 1120
which is leased for operation on the premises of the licensee 1121
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owner to a person other than the owner thereof or which is located 1122
in an area or space on such premises which is leased by the 1123
licensee owner to any such person, must be attributed to the owner 1124
for the purposes of this section and be counted as part of the 1125
gross revenue of the owner. The lessee is liable to the owner for 1126
his proportionate share of such license fees. 1127
(3) If the amount of license fees required to be reported 1128
and paid pursuant to this section is later determined to be 1129
greater or less than the amount actually reported and paid by the 1130
licensee, the Chairman of the State Tax shall: 1131
(a) Assess and collect the additional license fees 1132
determined to be due, with interest thereon until paid; or 1133
(b) Refund any overpayment, with interest thereon, to 1134
the licensee. 1135
Interest must be computed, until paid, at the rate of one 1136
percent (1%) per month from the first day of the first month 1137
following either the due date of the additional license fees or 1138
the date of overpayment. 1139
(4) Failure to pay the fees provided for in this section 1140
when they are due for continuation of a license shall be deemed a 1141
surrender of the license. 1142
(5) Any licensee subject to the license fee under subsection 1143
(1)(c) of this section, as amended by this act, shall be required 1144
to reinvest an amount equal to the difference between the license 1145
fee derived as a result of the decrease to the rate of the fee as 1146
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provided in this act compared to the rate of the license fee prior 1147
to reduction as provided in this act, into the physical 1148
infrastructure, marketing, and destination development of the 1149
licensed premises. These funds shall be specifically used to: 1150
make properties more marketable as world-class destination gaming 1151
locations; drive out-of-state tourism through national marketing 1152
campaigns; and create new, permanent jobs within the hospitality 1153
and gaming sectors. The commission shall audit compliance with 1154
this reinvestment requirement annually. 1155
SECTION 21. Section 97-33-305, Mississippi Code of 1972, is 1156
brought forward as follows: 1157
97-33-305. (1) Fantasy contests are legal in this state. A 1158
fantasy contest operator must comply with the provisions of this 1159
section if the operator's total player roster for all fantasy 1160
contests consists of one hundred (100) or more members of the 1161
general public. 1162
(2) A fantasy contest operator must implement commercially 1163
reasonable procedures for fantasy contests with an entry fee to: 1164
(a) Prevent employees of the operator, and relatives 1165
living in the same household with an employee of an operator, from 1166
competing in fantasy contests offered by an operator in which the 1167
operator offers a cash prize; 1168
(b) Prevent sharing with third parties of confidential 1169
information that could affect fantasy contest play until the 1170
information is made publicly available; 1171
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(c) Prevent the operator from participating in a 1172
fantasy contest offered by the operator; 1173
(d) Verify that a fantasy contest player is eighteen 1174
(18) years of age or older except as required in Section 1175
97-33-307(5); 1176
(e) Ensure that individuals who participate or 1177
officiate in a sporting event or who own, manage or coach a team 1178
or player who participates in a sporting event will not knowingly 1179
be allowed to enter a fantasy contest that is determined, in whole 1180
or in part, on accumulated statistical results that include a 1181
sporting event in which the individual could be involved as an 1182
athlete, official, owner, manager or coach; 1183
(f) Allow individuals to restrict themselves from 1184
entering a fantasy contest upon request and provide reasonable 1185
steps to prevent the person from entering fantasy contests offered 1186
by the operator; 1187
(g) Disclose the number of entries that a player may 1188
submit to each fantasy contest and provide reasonable steps to 1189
prevent players from submitting more than the allowable number; 1190
(h) Restrict the number of entries submitted by a 1191
single player for any contest as follows: 1192
(i) An operator shall not allow a player to submit 1193
more than one (1) entry in a contest involving twelve (12) or 1194
fewer players. 1195
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(ii) If the number of players in a contest is more 1196
than twelve (12) but fewer than thirty seven (37), an operator 1197
shall not allow a player to submit more than two (2) entries. 1198
(iii) If the number of players in a contest is at 1199
least thirty seven (37) but no more than one hundred (100), an 1200
operator shall not allow a player to submit more than three (3) 1201
entries. 1202
(iv) In any contest involving more than one 1203
hundred (100) players, an operator shall not allow a player to 1204
submit more than the lesser of: 1205
1. Three percent (3%) of all entries; or 1206
2. One hundred fifty (150) entries. 1207
(v) For all advertised fantasy contests, the 1208
operator must prominently include information about the maximum 1209
number of entries that may be submitted for that contest. 1210
(vi) An operator may establish fantasy contests in 1211
which there is no restriction on the number of entries, if those 1212
contests constitute less than two percent (2%) of the total number 1213
of contests it offers, and if the operator clearly discloses: 1214
1. That there are no limits on the number of 1215
entries by each player in the contest; and 1216
2. That the cost of participating in such a 1217
contest is Fifty Dollars ($50.00) or more per entry; 1218
(i) Offer introductory procedures for players that are 1219
prominently displayed on the main page of the operator's platform 1220
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to explain contest play and how to identify a highly experienced 1221
player; 1222
(j) Identify all highly experienced players in every 1223
fantasy contest by a symbol attached to the players' usernames, or 1224
by other easily visible means, on all platforms supported by the 1225
operator; and 1226
(k) Segregate fantasy contest player funds from 1227
operational funds or maintain a reserve in the form of cash, cash 1228
equivalents, payment processor reserves and receivables, an 1229
irrevocable letter of credit, a bond, or a combination thereof, in 1230
the amount of the total account balances of the fantasy contest 1231
players for the benefit and protection of the funds held in the 1232
accounts. 1233
(3) An operator shall not offer contests based on the 1234
performance of participants in collegiate, high school or youth 1235
sports events. 1236
(4) A fantasy contest operator offering fantasy contests 1237
with an entry fee in this state shall comply with audit procedures 1238
adopted by the commission to ensure compliance with this section. 1239
(5) (a) Advertisements for contests and prizes offered by 1240
an operator shall not target prohibited participants, minors, or 1241
self excluded persons. 1242
(b) Representations or implications about average 1243
winnings from contests shall not be unfair or misleading. Such 1244
representations shall include, at a minimum: 1245
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(i) The median and mean net winnings of all 1246
players participating in contests offered by the operator; and 1247
(ii) The percentage of winnings awarded by the 1248
operator to highly experienced players participating in contests 1249
offered by the operator within the preceding calendar year. 1250
(6) Operators shall prohibit the use of third party scripts 1251
or scripting programs for any contest and ensure that measures are 1252
in place to deter, detect and, to the extent reasonably possible, 1253
prevent cheating, including collusion, and the use of cheating 1254
devices, including use of software programs that submit entry fees 1255
or adjust the athletes selected by a player. 1256
(7) The values of all prizes and awards offered to winning 1257
players must be established and made known to the players in 1258
advance of the contest. 1259
SECTION 22. Section 97-33-27, Mississippi Code of 1972, is 1260
amended as follows: 1261
97-33-27. If any person shall bet on a horse race or a yacht 1262
race or on a shooting match, he shall be fined not more than Five 1263
Hundred Dollars ($500.00), and, unless the fine and costs be 1264
immediately paid, he shall be imprisoned in the county jail not 1265
more than ninety (90) days; provided, however, this section shall 1266
not apply to betting, gaming or wagering: 1267
(a) On a cruise vessel as defined in Section 27-109-1 1268
whenever such vessel is in the waters within the State of 1269
Mississippi, which lie adjacent to the State of Mississippi south 1270
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of the three (3) most southern counties in the State of 1271
Mississippi, including the Mississippi Sound, St. Louis Bay, 1272
Biloxi Bay and Pascagoula Bay, and in which the registered voters 1273
of the county in which the port is located have not voted to 1274
prohibit such betting, gaming or wagering on cruise vessels as 1275
provided in Section 19-3-79; 1276
(b) In a structure located in whole or in part on shore 1277
in any of the three (3) most southern counties in the State of 1278
Mississippi in which the registered voters of the county have 1279
voted to allow such betting, gaming or wagering on cruise vessels 1280
as provided in Section 19-3-79, if: 1281
(i) The structure is owned, leased or controlled 1282
by a person possessing a gaming license, as defined in Section 1283
75-76-5, to conduct legal gaming on a cruise vessel under 1284
paragraph (a) of this section; 1285
(ii) The part of the structure in which licensed 1286
gaming activities are conducted is located entirely in an area 1287
which is located no more than eight hundred (800) feet from the 1288
mean high-water line (as defined in Section 29-15-1) of the waters 1289
within the State of Mississippi, which lie adjacent to the State 1290
of Mississippi south of the three (3) most southern counties in 1291
the State of Mississippi, including the Mississippi Sound, St. 1292
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 1293
Harrison County only, no farther north than the southern boundary 1294
of the right-of-way for U.S. Highway 90, whichever is greater; and 1295
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(iii) In the case of a structure that is located 1296
in whole or part on shore, the part of the structure in which 1297
licensed gaming activities are conducted shall lie adjacent to 1298
state waters south of the three (3) most southern counties in the 1299
State of Mississippi, including the Mississippi Sound, St. Louis 1300
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 1301
structure is located consists of a parcel of real property, 1302
easements and rights-of-way for public streets and highways shall 1303
not be construed to interrupt the contiguous nature of the parcel, 1304
nor shall the footage contained within the easements and 1305
rights-of-way be counted in the calculation of the distances 1306
specified in subparagraph (ii) * * *; 1307
(c) On a vessel as defined in Section 27-109-1 whenever 1308
such vessel is on the Mississippi River or navigable waters within 1309
any county bordering on the Mississippi River, and in which the 1310
registered voters of the county in which the port is located have 1311
not voted to prohibit such betting, gaming or wagering on vessels 1312
as provided in Section 19-3-79; or 1313
(d) That is legal under the laws of the State of 1314
Mississippi. 1315
SECTION 23. Section 97-33-8, Mississippi Code of 1972, is 1316
amended as follows: 1317
97-33-8. (1) The provisions of this section are intended to 1318
clarify that the operation of "Internet sweepstakes cafes" is an 1319
illegal gambling activity under Mississippi state law. 1320
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(2) It shall be unlawful for any person or entity to 1321
possess, own, control, display, operate or have a financial 1322
interest in an electronic video monitor that: 1323
(a) Is offered or made available to a person to play or 1324
participate in a simulated gambling program in return for direct 1325
or indirect consideration, including consideration associated with 1326
a product, service or activity other than the simulated gambling 1327
program; and 1328
(b) The person who plays or participates in the 1329
simulated gambling program may become eligible to win, redeem or 1330
otherwise obtain a cash or cash-equivalent prize, whether or not 1331
the eligibility for or value of the prize is determined by or has 1332
any relationship to the outcome or play of the program. 1333
(3) As used in this section, the following words and phrases 1334
shall have the meanings ascribed in this subsection, unless the 1335
context clearly indicates otherwise: 1336
(a) "Simulated gambling program" means any method 1337
intended to be used by a person playing, participating or 1338
interacting with an electronic video monitor that is offered by 1339
another person or entity; that directly or indirectly implements 1340
the predetermination of a cash or cash-equivalent prize, or 1341
otherwise connects the player with the cash or cash-equivalent 1342
prize; and that is not legal under the Mississippi Gaming Control 1343
Act. 1344
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(b) "Consideration associated with a product, service 1345
or activity other than the simulated gambling program" means money 1346
or other value collected for a product, service or activity that 1347
is offered in any direct or indirect relationship to playing or 1348
participating in the simulated gambling program. The term 1349
includes consideration paid for Internet access or computer time, 1350
or a sweepstakes entry. 1351
(c) "Electronic video monitor" means any unit, 1352
mechanism, computer or other terminal, or device that is capable 1353
of displaying moving or still images. 1354
(4) Any person or entity violating the provisions of this 1355
section, upon conviction, shall be guilty of a misdemeanor and 1356
fined not more than One Thousand Dollars ($1,000.00) or imprisoned 1357
for not less than one (1) year, or both. 1358
(5) The provisions of this section shall not apply to: 1359
(a) Any lawful activity that is conducted for the 1360
primary purpose of entertaining children under the age of eighteen 1361
(18) years, during which money is paid for a token or chip that is 1362
used to play an electronic or other game, with the winner of the 1363
game earning tickets that can be exchanged for prizes; 1364
(b) Any lawful marketing promotion, contest, prize or 1365
sweepstakes that is designed to attract consumer attention to a 1366
specific product or service which is offered for sale by the 1367
manufacturer, distributor, vendor or retailer of the product or 1368
service; or 1369
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(c) Any promotional activity as defined in Section 1370
75-76-5 that is conducted by a gaming licensee. 1371
SECTION 24. Section 97-33-25, Mississippi Code of 1972, is 1372
amended as follows: 1373
97-33-25. If any person shall sell or buy, either directly 1374
or indirectly, any chance in what is commonly called pool, upon 1375
any event whatever, or shall in any manner engage in such business 1376
or pastime, he shall be fined not more than Five Hundred Dollars 1377
($500.00) or shall be imprisoned in the county jail not more than 1378
ninety (90) days; provided, however, this section shall not apply 1379
to betting, gaming or wagering: 1380
(a) On a cruise vessel as defined in Section 27-109-1 1381
whenever such vessel is in the waters within the State of 1382
Mississippi, which lie adjacent to the State of Mississippi south 1383
of the three (3) most southern counties in the State of 1384
Mississippi, including the Mississippi Sound, St. Louis Bay, 1385
Biloxi Bay and Pascagoula Bay, and in which the registered voters 1386
of the county in which the port is located have not voted to 1387
prohibit such betting, gaming or wagering on cruise vessels as 1388
provided in Section 19-3-79; 1389
(b) In a structure located in whole or in part on shore 1390
in any of the three (3) most southern counties in the State of 1391
Mississippi in which the registered voters of the county have 1392
voted to allow such betting, gaming or wagering on cruise vessels 1393
as provided in Section 19-3-79, if: 1394
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(i) The structure is owned, leased or controlled 1395
by a person possessing a gaming license, as defined in Section 1396
75-76-5, to conduct legal gaming on a cruise vessel under 1397
paragraph (a) of this section; 1398
(ii) The part of the structure in which licensed 1399
gaming activities are conducted is located entirely in an area 1400
which is located no more than eight hundred (800) feet from the 1401
mean high-water line (as defined in Section 29-15-1) of the waters 1402
within the State of Mississippi, which lie adjacent to the State 1403
of Mississippi south of the three (3) most southern counties in 1404
the State of Mississippi, including the Mississippi Sound, St. 1405
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 1406
Harrison County only, no farther north than the southern boundary 1407
of the right-of-way for U.S. Highway 90, whichever is greater; and 1408
(iii) In the case of a structure that is located 1409
in whole or part on shore, the part of the structure in which 1410
licensed gaming activities are conducted shall lie adjacent to 1411
state waters south of the three (3) most southern counties in the 1412
State of Mississippi, including the Mississippi Sound, St. Louis 1413
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 1414
structure is located consists of a parcel of real property, 1415
easements and rights-of-way for public streets and highways shall 1416
not be construed to interrupt the contiguous nature of the parcel, 1417
nor shall the footage contained within the easements and 1418
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rights-of-way be counted in the calculation of the distances 1419
specified in subparagraph (ii) * * *; 1420
(c) On a vessel as defined in Section 27-109-1 whenever 1421
such vessel is on the Mississippi River or navigable waters within 1422
any county bordering on the Mississippi River, and in which the 1423
registered voters of the county in which the port is located have 1424
not voted to prohibit such betting, gaming or wagering on vessels 1425
as provided in Section 19-3-79; or 1426
(d) That is legal under the laws of the State of 1427
Mississippi. 1428
SECTION 25. Section 97-33-1, Mississippi Code of 1972, is 1429
brought forward as follows: 1430
97-33-1. Except as otherwise provided in Section 97-33-8, if 1431
any person shall encourage, promote or play at any game, play or 1432
amusement, other than a fight or fighting match between dogs, for 1433
money or other valuable thing, or shall wager or bet, promote or 1434
encourage the wagering or betting of any money or other valuable 1435
things, upon any game, play, amusement, cockfight, Indian ball 1436
play or duel, other than a fight or fighting match between dogs, 1437
or upon the result of any election, event or contingency whatever, 1438
upon conviction thereof, he shall be fined in a sum not more than 1439
Five Hundred Dollars ($500.00); and, unless such fine and costs be 1440
immediately paid, shall be imprisoned for any period not more than 1441
ninety (90) days. However, this section shall not apply to 1442
betting, gaming or wagering: 1443
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(a) On a cruise vessel as defined in Section 27-109-1 1444
whenever such vessel is in the waters within the State of 1445
Mississippi, which lie adjacent to the State of Mississippi south 1446
of the three (3) most southern counties in the State of 1447
Mississippi, including the Mississippi Sound, St. Louis Bay, 1448
Biloxi Bay and Pascagoula Bay, and in which the registered voters 1449
of the county in which the port is located have not voted to 1450
prohibit such betting, gaming or wagering on cruise vessels as 1451
provided in Section 19-3-79; 1452
(b) In a structure located, in whole or in part, on 1453
shore in any of the three (3) most southern counties in the State 1454
of Mississippi in which the registered voters of the county have 1455
voted to allow such betting, gaming or wagering on cruise vessels 1456
as provided in Section 19-3-79, if: 1457
(i) The structure is owned, leased or controlled 1458
by a person possessing a gaming license, as defined in Section 1459
75-76-5, to conduct legal gaming on a cruise vessel under 1460
paragraph (a) of this section; 1461
(ii) The part of the structure in which licensed 1462
gaming activities are conducted is located entirely in an area 1463
which is located no more than eight hundred (800) feet from the 1464
mean high-water line (as defined in Section 29-15-1) of the waters 1465
within the State of Mississippi, which lie adjacent to the State 1466
of Mississippi south of the three (3) most southern counties in 1467
the State of Mississippi, including the Mississippi Sound, St. 1468
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Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 1469
Harrison County only, no farther north than the southern boundary 1470
of the right-of-way for U.S. Highway 90, whichever is greater; and 1471
(iii) In the case of a structure that is located 1472
in whole or part on shore, the part of the structure in which 1473
licensed gaming activities are conducted shall lie adjacent to 1474
state waters south of the three (3) most southern counties in the 1475
State of Mississippi, including the Mississippi Sound, St. Louis 1476
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 1477
structure is located consists of a parcel of real property, 1478
easements and rights-of-way for public streets and highways shall 1479
not be construed to interrupt the contiguous nature of the parcel, 1480
nor shall the footage contained within the easements and 1481
rights-of-way be counted in the calculation of the distances 1482
specified in subparagraph (ii); 1483
(c) On a vessel as defined in Section 27-109-1 whenever 1484
such vessel is on the Mississippi River or navigable waters within 1485
any county bordering on the Mississippi River, and in which the 1486
registered voters of the county in which the port is located have 1487
not voted to prohibit such betting, gaming or wagering on vessels 1488
as provided in Section 19-3-79; or 1489
(d) That is legal under the laws of the State of 1490
Mississippi. 1491
SECTION 26. Section 97-33-7, Mississippi Code of 1972, is 1492
brought forward as follows: 1493
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97-33-7. (1) Except as otherwise provided in Section 1494
97-33-8, it shall be unlawful for any person or persons, firm, 1495
copartnership or corporation to have in possession, own, control, 1496
display, or operate any cane rack, knife rack, artful dodger, 1497
punch board, roll down, merchandise wheel, slot machine, pinball 1498
machine, or similar device or devices. Provided, however, that 1499
this section shall not be so construed as to make unlawful the 1500
ownership, possession, control, display or operation of any 1501
antique coin machine as defined in Section 27-27-12, or any music 1502
machine or bona fide automatic vending machine where the purchaser 1503
receives exactly the same quantity of merchandise on each 1504
operation of said machine. Any slot machine other than an antique 1505
coin machine as defined in Section 27-27-12 which delivers, or is 1506
so constructed as that by operation thereof it will deliver to the 1507
operator thereof anything of value in varying quantities, in 1508
addition to the merchandise received, and any slot machine other 1509
than an antique coin machine as defined in Section 27-27-12 that 1510
is constructed in such manner as that slugs, tokens, coins or 1511
similar devices are, or may be, used and delivered to the operator 1512
thereof in addition to merchandise of any sort contained in such 1513
machine, is hereby declared to be a gambling device, and shall be 1514
deemed unlawful under the provisions of this section. Provided, 1515
however, that pinball machines which do not return to the operator 1516
or player thereof anything but free additional games or plays 1517
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shall not be deemed to be gambling devices, and neither this 1518
section nor any other law shall be construed to prohibit same. 1519
(2) No property right shall exist in any person, natural or 1520
artificial, or be vested in such person, in any or all of the 1521
devices described herein that are not exempted from the provisions 1522
of this section; and all such devices are hereby declared to be at 1523
all times subject to confiscation and destruction, and their 1524
possession shall be unlawful, except when in the possession of 1525
officers carrying out the provisions of this section. It shall be 1526
the duty of all law enforcing officers to seize and immediately 1527
destroy all such machines and devices. 1528
(3) A first violation of the provisions of this section 1529
shall be deemed a misdemeanor, and the party offending shall, upon 1530
conviction, be fined in any sum not exceeding Five Hundred Dollars 1531
($500.00), or imprisoned not exceeding three (3) months, or both, 1532
in the discretion of the court. In the event of a second 1533
conviction for a violation of any of the provisions of this 1534
section, the party offending shall be subject to a sentence of not 1535
less than six (6) months in the county jail, nor more than two (2) 1536
years in the State Penitentiary, in the discretion of the trial 1537
court. 1538
(4) Notwithstanding any provision of this section to the 1539
contrary, it shall not be unlawful to operate any equipment or 1540
device described in subsection (1) of this section or any gaming, 1541
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gambling or similar device or devices by whatever name called 1542
while: 1543
(a) On a cruise vessel as defined in Section 27-109-1 1544
whenever such vessel is in the waters within the State of 1545
Mississippi, which lie adjacent to the State of Mississippi south 1546
of the three (3) most southern counties in the State of 1547
Mississippi, including the Mississippi Sound, St. Louis Bay, 1548
Biloxi Bay and Pascagoula Bay, and in which the registered voters 1549
of the county in which the port is located have not voted to 1550
prohibit such betting, gaming or wagering on cruise vessels as 1551
provided in Section 19-3-79; 1552
(b) In a structure located, in whole or in part, on 1553
shore in any of the three (3) most southern counties in the State 1554
of Mississippi in which the registered voters of the county have 1555
voted to allow such betting, gaming or wagering on cruise vessels 1556
as provided in Section 19-3-79, if: 1557
(i) The structure is owned, leased or controlled 1558
by a person possessing a gaming license, as defined in Section 1559
75-76-5, to conduct legal gaming on a cruise vessel under 1560
paragraph (a) of this subsection; 1561
(ii) The part of the structure in which licensed 1562
gaming activities are conducted is located entirely in an area 1563
which is located no more than eight hundred (800) feet from the 1564
mean high-water line (as defined in Section 29-15-1) of the waters 1565
within the State of Mississippi, which lie adjacent to the State 1566
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of Mississippi south of the three (3) most southern counties in 1567
the State of Mississippi, including the Mississippi Sound, St. 1568
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 1569
Harrison County only, no farther north than the southern boundary 1570
of the right-of-way for U.S. Highway 90, whichever is greater; and 1571
(iii) In the case of a structure that is located 1572
in whole or part on shore, the part of the structure in which 1573
licensed gaming activities are conducted shall lie adjacent to 1574
state waters south of the three (3) most southern counties in the 1575
State of Mississippi, including the Mississippi Sound, St. Louis 1576
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 1577
structure is located consists of a parcel of real property, 1578
easements and rights-of-way for public streets and highways shall 1579
not be construed to interrupt the contiguous nature of the parcel, 1580
nor shall the footage contained within the easements and 1581
rights-of-way be counted in the calculation of the distances 1582
specified in subparagraph (ii); 1583
(c) On a vessel as defined in Section 27-109-1 whenever 1584
such vessel is on the Mississippi River or navigable waters within 1585
any county bordering on the Mississippi River, and in which the 1586
registered voters of the county in which the port is located have 1587
not voted to prohibit such betting, gaming or wagering on vessels 1588
as provided in Section 19-3-79; or 1589
(d) That is legal under the laws of the State of 1590
Mississippi. 1591
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(5) Notwithstanding any provision of this section to the 1592
contrary, it shall not be unlawful (a) to own, possess, repair or 1593
control any gambling device, machine or equipment in a licensed 1594
gaming establishment or on the business premises appurtenant to 1595
any such licensed gaming establishment during any period of time 1596
in which such licensed gaming establishment is being constructed, 1597
repaired, maintained or operated in this state; (b) to install any 1598
gambling device, machine or equipment in any licensed gaming 1599
establishment; (c) to possess or control any gambling device, 1600
machine or equipment during the process of procuring or 1601
transporting such device, machine or equipment for installation on 1602
any such licensed gaming establishment; or (d) to store in a 1603
warehouse or other storage facility any gambling device, machine, 1604
equipment, or part thereof, regardless of whether the county or 1605
municipality in which the warehouse or storage facility is located 1606
has approved gaming aboard cruise vessels or vessels, provided 1607
that such device, machine or equipment is operated only in a 1608
county or municipality that has approved gaming aboard cruise 1609
vessels or vessels. Any gambling device, machine or equipment 1610
that is owned, possessed, controlled, installed, procured, 1611
repaired, transported or stored in accordance with this subsection 1612
shall not be subject to confiscation, seizure or destruction, and 1613
any person, firm, partnership or corporation which owns, 1614
possesses, controls, installs, procures, repairs, transports or 1615
stores any gambling device, machine or equipment in accordance 1616
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with this subsection shall not be subject to any prosecution or 1617
penalty under this section. Any person constructing or repairing 1618
such cruise vessels or vessels within a municipality shall comply 1619
with all municipal ordinances protecting the general health or 1620
safety of the residents of the municipality. 1621
SECTION 27. Section 7-11-11, Mississippi Code of 1972, is 1622
brought forward as follows: 1623
7-11-11. The Secretary of State shall have charge of the 1624
swamp and the overflowed lands and indemnity lands in lieu 1625
thereof, the internal improvement lands, the lands forfeited to 1626
the state for nonpayment of taxes after the time allowed by law 1627
for redemption shall have expired, and of all other public lands 1628
belonging to or under the control of the state. The regulation, 1629
sale and disposition of all such lands shall be made through the 1630
Secretary of State's office. 1631
The Secretary of State shall sign all conveyances and leases 1632
of any and all state-owned lands and shall record same in a book 1633
kept in his office for such purposes. 1634
SECTION 28. Section 29-1-107, Mississippi Code of 1972, is 1635
brought forward as follows: 1636
29-1-107. (1) The Secretary of State with the approval of 1637
the Governor shall, as far as practicable, rent or lease all lands 1638
belonging to the state, except as otherwise provided by law for a 1639
period of not exceeding one (1) year, and account for the rents 1640
therefrom in the same manner as money received from the sale of 1641
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state lands, provided that no state land shall be rented or leased 1642
to individuals, corporations, partnerships, or association of 1643
persons for hunting or fishing purposes. Property belonging to 1644
the state in municipalities, even though it may have been 1645
subdivided into lots, blocks, divisions, or otherwise escheated or 1646
was sold to the state by such description, may likewise be leased 1647
or rented by the Secretary of State under the terms provided above 1648
for other state lands, and the rents accounted for in the same 1649
manner. The state shall have all the liens, rights and remedies 1650
accorded to landlords in Sections 89-7-1 through 89-7-125; said 1651
leases and rental contracts shall automatically terminate on the 1652
date provided in said leases or contracts. 1653
(2) (a) The Secretary of State, with the approval of the 1654
Governor, may rent or lease surface lands, tidelands or submerged 1655
lands owned or controlled by the State of Mississippi lying in or 1656
adjacent to the Mississippi Sound or Gulf of Mexico or streams 1657
emptying therein, for a period not exceeding forty (40) years for 1658
rental payable to the state annually. However, the term of any 1659
lease of state public trust tidelands to a person possessing a 1660
license under the Mississippi Gaming Control Act shall be governed 1661
by the provisions of subsection (4) of this section. 1662
(b) The lessee under such agreement may construct such 1663
necessary items for marking channels, docking, wharfing, mooring 1664
or fleeting vessels which shall be in aid of navigation and not 1665
obstructions thereto. 1666
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(c) A lessee of record may be given the option to renew 1667
for an additional period not to exceed twenty-five (25) years; 1668
however, the term of a renewal for a lease of state public trust 1669
tidelands to a person possessing a gaming license under the 1670
Mississippi Gaming Control Act shall be governed by the provisions 1671
of subsection (4) of this section. The holder of a lease of 1672
Public Trust Tidelands, at the expiration thereof, shall have a 1673
prior right, exclusive of all other persons, to re-lease as may be 1674
agreed upon between the holder of the lease and the Secretary of 1675
State. 1676
(d) Leases shall provide for review and rent 1677
adjustments at each fifth anniversary tied either to the All Urban 1678
Consumer Price Index-All Items (CPI) or to an appraisal which 1679
deducts the value of any improvements by the lessee which 1680
substantially enhance the value of the land. In the case where 1681
the initial rental was based on the value set by the ad valorem 1682
tax rolls, then the rent review and adjustment clause shall be 1683
likewise based on the value set by such tax rolls. In the event 1684
that the lessor and lessee cannot agree on a rental amount, the 1685
lease may be cancelled at the option of the lessor. The lessee 1686
shall, within thirty (30) days after execution of a sublease or 1687
assignment, file a copy thereof, including the total consideration 1688
therefor, with the Secretary of State. This paragraph shall not 1689
apply to a lease of state public trust tidelands or submerged 1690
lands to a person possessing a gaming license under the 1691
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Mississippi Gaming Control Act who operates a gaming establishment 1692
on such tidelands. 1693
(3) Provided, however, the current occupants of public trust 1694
tidelands that were developed after the determinable mean 1695
high-water line nearest the effective date of the Coastal Wetlands 1696
Protection Law shall pay an annual rental based on the fair market 1697
value as determined by the assessed valuation of the property. 1698
The holder of a lease of Public Trust Tidelands, at the expiration 1699
thereof, shall have a prior right, exclusive of all other persons, 1700
to re-lease as may be agreed upon between the holder of the lease 1701
and the Secretary of State. 1702
(4) (a) This section shall apply to any person possessing a 1703
license under the Mississippi Gaming Control Act who operates a 1704
gaming establishment in any of the three (3) most southern 1705
counties of the state. 1706
(b) The following shall apply to all leases of state 1707
public trust tidelands executed by such a licensee: 1708
(i) Every lease executed after August 29, 2005, 1709
shall be for a period of thirty (30) years for rental payable to 1710
the state annually. 1711
(ii) By operation of this section, any lease 1712
executed before August 29, 2005, may, at the option of the lessee, 1713
either remain at the term stated in the original execution of the 1714
lease or be converted to a thirty-year term lease, beginning on 1715
such date after August 29, 2005, that the lessee either resumes or 1716
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begins permanent gaming activities as approved by the Mississippi 1717
Gaming Commission, and the lessee shall be required to comply with 1718
all other provisions of the lease. Should the lessee choose to 1719
operate in a structure that is not on state public trust tidelands 1720
and that is on property contiguous to tidelands leased by the 1721
lessee, the lessee shall be required to comply with all other 1722
provisions of the lease and shall be exempt from the assessment 1723
provided for in paragraph (c) of this subsection. Easements for 1724
and rights-of-way for public streets and highways shall not be 1725
construed to interrupt the contiguous nature of a parcel of 1726
property. In the event that a lessee does not elect either to 1727
remain bound by the original term of the lease or to convert the 1728
lease to a thirty-year term, the Secretary of State may lease the 1729
state public trust tidelands that are the subject of the lease to 1730
any other person or entity. 1731
(iii) Leases shall provide for review and rent 1732
adjustments at each annual anniversary tied to the All Urban 1733
Consumer Price Index-All Items (CPI). In the case of the renewal 1734
of a lease after the expiration of the original thirty-year term 1735
under this subsection, each renewal shall be for a term of thirty 1736
(30) years. The base rate to which the CPI shall apply for 1737
purposes of executing the subsequent lease shall be negotiated by 1738
the lessee with the Secretary of State. 1739
(c) (i) Except as otherwise provided in this 1740
paragraph, any person possessing a license under the Mississippi 1741
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Gaming Control Act who does not lease public trust tidelands from 1742
the state or any of its political subdivisions, and who operates a 1743
gaming establishment in any of the three (3) most southern 1744
counties of the state, shall pay an annual in-lieu tidelands 1745
assessment to the Public Trust Tidelands Assessments Fund 1746
(hereinafter referred to as "fund") created in Section 29-15-10, 1747
in the amount and manner provided for in this paragraph. 1748
For calendar year 2006, the annual in-lieu tidelands 1749
assessment paid by the licensee to the fund shall be: 1750
1. Four Hundred Thousand Dollars 1751
($400,000.00), if the capital investment in the part of the 1752
structure in which licensed gaming activities are conducted is 1753
Fifty Million Dollars ($50,000,000.00) or less. 1754
2. Four Hundred Fifty Thousand Dollars 1755
($450,000.00), if the capital investment in the part of the 1756
structure in which licensed gaming activities are conducted is 1757
equal to or more than Fifty Million Dollars ($50,000,000.00) but 1758
less than Sixty Million Dollars ($60,000,000.00). 1759
3. Five Hundred Thousand Dollars 1760
($500,000.00), if the capital investment in the part of the 1761
structure in which licensed gaming activities are conducted is 1762
equal to or more than Sixty Million Dollars ($60,000,000.00) but 1763
less than Seventy-five Million Dollars ($75,000,000.00). 1764
4. Six Hundred Thousand Dollars 1765
($600,000.00), if the capital investment in the part of the 1766
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structure in which licensed gaming activities are conducted is 1767
equal to or more than Seventy-five Million Dollars 1768
($75,000,000.00) but less than One Hundred Million Dollars 1769
($100,000,000.00). 1770
5. Seven Hundred Thousand Dollars 1771
($700,000.00), if the capital investment in the part of the 1772
structure in which licensed gaming activities are conducted is 1773
equal to or more than One Hundred Million Dollars 1774
($100,000,000.00) but less than One Hundred Twenty-five Million 1775
Dollars ($125,000,000.00). 1776
6. Seven Hundred Fifty Thousand Dollars 1777
($750,000.00), if the capital investment in the part of the 1778
structure in which licensed gaming activities are conducted is 1779
equal to or more than One Hundred Twenty-five Million Dollars 1780
($125,000,000.00). 1781
For each calendar year thereafter, the Secretary of State 1782
shall review and adjust the value of the capital investment and 1783
the annual in-lieu tidelands assessment due. Such review and 1784
adjustment shall be tied to the CPI. 1785
(ii) This paragraph shall not apply to a gaming 1786
licensee if the licensee conducts gaming in a structure that is 1787
located on property that is leased from the Mississippi State Port 1788
at Gulfport or any political subdivision of the state, or to a 1789
licensee who conducts gaming in a structure that is located on 1790
property that is leased to the licensee jointly by the State of 1791
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Mississippi and the City of Biloxi; however, with regard to 1792
property owned by a political subdivision of the state, this 1793
exception shall only apply to property owned by the political 1794
subdivision on August 29, 2005, if legal gaming could have been 1795
conducted on such property on that date. 1796
(iii) This paragraph shall not apply to a gaming 1797
licensee if the licensee conducts gaming in a structure that is 1798
located on property that is not leased from the State of 1799
Mississippi and/or a political subdivision of the State of 1800
Mississippi and is not on state public trust tidelands, and if the 1801
licensee conducted gaming on that property before August 29, 2005. 1802
SECTION 29. Section 29-15-1, Mississippi Code of 1972, is 1803
brought forward as follows: 1804
29-15-1. (a) "Commission" means the Mississippi Commission 1805
on Marine Resources. 1806
(b) "Local tidal datum" means the datum established for a 1807
specific tide station through the use of tidal observations made 1808
at that station. 1809
(c) "Mean high water" means the arithmetic mean of all the 1810
high waters occurring in a particular nineteen-year tidal epoch 1811
period; or for a shorter period of time after corrections are 1812
applied to the short term observations to reduce these values to 1813
the equivalent nineteen-year value. 1814
(d) "Mean high water line" means the intersection of the 1815
tidal datum plane of mean high water with the shore. 1816
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(e) "Mean high water survey" means a survey of the 1817
intersection of the shoreline with the tidal datum plane of mean 1818
high water using local tidal datums and surveying methodologies 1819
approved by the commission. Methodologies shall include but not 1820
be limited to the "staking method," "the topographic method" and 1821
"tide coordinated aerial photography." 1822
(f) "National map accuracy standards" means a set of 1823
guidelines published by the Office of Management and Budget of the 1824
United States to which maps produced by the United States 1825
government adhere. 1826
(g) "Submerged lands" means lands which remain covered by 1827
waters, where the tides ebb and flow, at ordinary low tides. 1828
(h) "Tidelands" means those lands which are daily covered 1829
and uncovered by water by the action of the tides, up to the mean 1830
line of the ordinary high tides. 1831
SECTION 30. Section 29-15-3, Mississippi Code of 1972, is 1832
brought forward as follows: 1833
29-15-3. (1) It is declared to be the public policy of this 1834
state to favor the preservation of the natural state of the public 1835
trust tidelands and their ecosystems and to prevent the 1836
despoliation and destruction of them, except where a specific 1837
alteration of specific public trust tidelands would serve a higher 1838
public interest in compliance with the public purposes of the 1839
public trust in which such tidelands are held. 1840
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(2) It is hereby declared to be a higher public purpose of 1841
this state and the public tidelands trust to resolve the 1842
uncertainty and disputes which have arisen as to the location of 1843
the boundary between the state's public trust tidelands and the 1844
upland property and to confirm the mean high water boundary line 1845
as determined by the Mississippi Supreme Court, the laws of this 1846
state and this chapter. 1847
SECTION 31. Section 29-15-5, Mississippi Code of 1972, is 1848
brought forward as follows: 1849
29-15-5. (1) Tidelands and submerged lands are held by the 1850
state in trust for use of all the people, and are so held in their 1851
character as the beds and shores of the sea and its tidally 1852
affected arms and tributaries for the purposes defined by common 1853
law and statutory law. Littoral and riparian property owners have 1854
common law and statutory rights under the Coastal Wetlands 1855
Protection Law which extend into the waters and beyond the low 1856
tide line, and the state's responsibilities as trustee extends to 1857
such owners as well as to the other members of the public. 1858
(2) Residential property owners shall not be required to 1859
obtain a tidelands lease for exercising their common law and 1860
statutory littoral and riparian rights. 1861
SECTION 32. Section 29-15-9, Mississippi Code of 1972, is 1862
brought forward as follows: 1863
29-15-9. (1) There is created in the State Treasury a 1864
special fund to be known as the "Public Trust Tidelands Fund." 1865
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The fund shall be administered by the Secretary of State as 1866
trustee. 1867
(2) Any funds derived from lease rentals of tidelands and 1868
submerged lands, except those funds derived from mineral leases, 1869
or funds previously specifically designated to be applied to other 1870
agencies, shall be transferred to the special fund. However, 1871
funds derived from lease rentals may be used to cover the 1872
administrative cost incurred by the Secretary of State. Any 1873
remaining funds derived from lease rentals shall be disbursed pro 1874
rata to the local taxing authorities for the replacement of lost 1875
ad valorem taxes, if any. Then, any remaining funds shall be 1876
disbursed to the commission for new and extra programs of 1877
tidelands management, such as conservation, reclamation, 1878
preservation, acquisition, education or the enhancement of public 1879
access to the public trust tidelands or public improvement 1880
projects as they relate to those lands. 1881
(3) Any funds that are appropriated as separate line items 1882
in an appropriation bill for tideland programs or projects 1883
authorized under this section for political subdivisions or other 1884
agencies shall be disbursed as provided in this subsection. 1885
(a) The Department of Marine Resources shall make 1886
progress payments in installments based on the work completed and 1887
material used in the performance of a tidelands project only after 1888
receiving written verification from the political subdivision or 1889
agency. The political subdivision or agency shall submit 1890
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verification of the work completed or materials in such detail and 1891
form that the department may require. 1892
(b) The Department of Marine Resources shall make funds 1893
available for the purpose of using such funds as a match or 1894
leverage for federal or other funds that are available for the 1895
designated tidelands project. 1896
SECTION 33. Section 29-15-10, Mississippi Code of 1972, is 1897
brought forward as follows: 1898
29-15-10. (1) There is created in the State Treasury a 1899
special fund to be known as the "Public Trust Tidelands 1900
Assessments Fund." The purpose of the fund is to ensure that 1901
monies derived from the public trust tidelands assessments shall 1902
be used for the benefit of preserving and protecting the tidelands 1903
and submerged lands found within the three (3) most southern 1904
counties of the state. One (1) specific purpose of the fund is to 1905
ensure that the annual payment made by the state for the purchase 1906
of Deer Island shall continue uninterrupted until the purchase 1907
transaction is completed. The fund shall be administered by the 1908
Secretary of State, as trustee. None of the funds that are in the 1909
special fund or that are required to be deposited into the special 1910
fund shall be transferred, diverted or in any other manner 1911
expended or used for any purpose other than those purposes 1912
specified in this section. 1913
(2) (a) Any funds derived from assessments made pursuant to 1914
Section 29-1-107(4)(c) shall be deposited into the special fund. 1915
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(b) Funds paid pursuant to paragraph (a) of this 1916
subsection may be appropriated by the Legislature in an amount 1917
necessary to cover the administrative cost incurred by the 1918
Mississippi Commission on Marine Resources. Any remaining funds 1919
shall be disbursed by the commission for new and extra programs of 1920
tidelands management, such as conservation, reclamation, 1921
preservation, acquisition, education or the enhancement of public 1922
access to the public trust tidelands or public improvement 1923
projects as they relate to those lands. 1924
(3) Any funds that are appropriated as separate line items 1925
in an appropriation bill for tideland programs or projects 1926
authorized under this section for political subdivisions or other 1927
agencies shall be disbursed as provided in this subsection. 1928
(a) The Department of Marine Resources shall make 1929
progress payments in installments based on the work completed and 1930
material used in the performance of a tidelands project only after 1931
receiving written verification from the political subdivision or 1932
agency. The political subdivision or agency shall submit 1933
verification of the work completed or materials in such detail and 1934
form that the department may require. 1935
(b) The Department of Marine Resources shall make funds 1936
available for the purpose of using such funds as a match or 1937
leverage for federal or other funds that are available for the 1938
designated tidelands project. 1939
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SECTION 34. Section 29-15-13, Mississippi Code of 1972, is 1940
brought forward as follows: 1941
29-15-13. All public projects of any federal, state or local 1942
governmental entity which serve a higher public purpose of 1943
promoting the conservation, reclamation, preservation of the 1944
tidelands and submerged lands, public use for fishing, recreation 1945
or navigation, or the enhancement of public access to such lands 1946
shall be exempt from any use or rental fees. 1947
SECTION 35. Section 59-7-405, Mississippi Code of 1972, is 1948
brought forward as follows: 1949
59-7-405. (1) (a) The governing authorities of any 1950
municipality in which there is situated and located, in whole or 1951
in part, a port or harbor through which commerce flows, and having 1952
not less than eight (8) industries engaged in the seafood 1953
industry, which maintains a channel and/or harbor to a depth of 1954
not less than eight (8) feet, may engage in, either directly or 1955
through the commission hereinafter provided and designated, and 1956
such other agencies as hereafter may be provided by law, works of 1957
internal improvement, or promoting, developing, constructing, 1958
maintaining and operating harbors or seaports within the state and 1959
its jurisdiction, and either directly or through the commission 1960
hereinafter provided for, with the power and authority to acquire, 1961
purchase, install, rent, lease, mortgage and/or otherwise 1962
encumber, to construct, own, hold, maintain, equip, use, control 1963
and operate at seaports or harbors, wharves, piers, docks, 1964
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warehouses, cold storage facilities, water and rail terminals, 1965
airplane landing fields and strips, and other structures and 1966
facilities, needful for the convenient use of the same in the aid 1967
of commerce and navigation, and including the dredging of channels 1968
and approaches to the facilities, and being authorized to fill in 1969
and reclaim bottomlands where incidental and necessary to the 1970
foregoing development. 1971
(b) A municipality, which is operating a port through a 1972
port commission under this section, may dissolve the port 1973
commission as provided in Section 59-7-408 and directly operate 1974
and maintain the port as provided under this article. 1975
(2) The municipal authorities or commission, in connection 1976
with the exercise of the foregoing works of improvement and 1977
development, may as an adjunct to any such work of improvement or 1978
development to erect or construct such bridges, causeways or 1979
structures as may be required for access to and from the harbors 1980
or facilities provided as aforesaid by the municipal authorities 1981
or the commission, and including any necessary bridge or causeway 1982
or combination of the same, connecting with any island or islands 1983
lying within three (3) leagues of the main shoreline of the 1984
Mississippi Sound or the Gulf of Mexico, and whether the same be 1985
within or without the limits of the municipality concerned. 1986
(3) The municipal authorities or commission may procure, by 1987
gift, grant, purchase, or by the exercise of eminent domain, and 1988
for the public purposes and uses herein provided for, such land or 1989
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interest therein as may be required for the purposes of this 1990
article, and regardless of whether the land be within or without 1991
the limits of the municipality involved. 1992
(4) The municipal authorities or commission, in the exercise 1993
of the powers granted hereunder, may provide any of the aforesaid 1994
facilities alone or in collaboration and in conjunction with any 1995
other public bodies, entities or commissions, as may now or 1996
hereafter be established by law. 1997
(5) The municipal authorities or commission may provide, 1998
among other harbor facilities, small craft and pleasure craft 1999
harbors and facilities needed therefor, including park and 2000
recreational facilities as an adjunct thereto, and in order to 2001
develop and promote tourist and recreational trade in the port. 2002
(6) The municipal authorities or commission have the power 2003
and authority to carry out the provisions of this article, to 2004
employ engineers, attorneys, and such employees as may be 2005
necessary in carrying out the provisions of this article, from 2006
time to time, and for the purpose of operating the facilities 2007
herein provided for, and may prescribe reasonable compensation in 2008
connection with such employment. 2009
SECTION 36. Section 59-15-1, Mississippi Code of 1972, is 2010
amended as follows: 2011
59-15-1. The authorities of any city in this state which has 2012
a population of ten thousand (10,000) or more, according to the 2013
last official government census, and the authorities of any 2014
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municipality bordering on the Mississippi Sound or Gulf of Mexico 2015
are hereby given the authority to acquire by purchase, deed, 2016
donation, gift, grant, reclamation, lease, dedication, or 2017
otherwise, land, harbor sites or water frontage for the purpose of 2018
establishing, developing, promoting, maintaining, and operating 2019
harbors for small water crafts and recreational parks connected 2020
therewith within its territorial limits, or both, and shall have 2021
the power to acquire, purchase, install, rent, lease, mortgage, 2022
incumber, construct, own, hold, maintain, equip, use, control and 2023
operate recreational parks and harbors for small water craft. 2024
SECTION 37. Section 75-76-67, Mississippi Code of 1972, is 2025
brought forward as follows: 2026
75-76-67. (1) Any person who the commission determines is 2027
qualified to receive a license or be found suitable under the 2028
provisions of this chapter, having due consideration for the 2029
proper protection of the health, safety, morals, good order and 2030
general welfare of the inhabitants of the State of Mississippi and 2031
the declared policy of this state, may be issued a state gaming 2032
license or found suitable. The burden of proving his 2033
qualification to receive any license or be found suitable is on 2034
the applicant. 2035
(2) An application to receive a license or be found suitable 2036
shall not be granted unless the commission is satisfied that the 2037
applicant is: 2038
(a) A person of good character, honesty and integrity; 2039
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(b) A person whose prior activities, criminal record, 2040
if any, reputation, habits and associations do not pose a threat 2041
to the public interest of this state or to the effective 2042
regulation and control of gaming, or create or enhance the dangers 2043
of unsuitable, unfair or illegal practices, methods and activities 2044
in the conduct of gaming or the carrying on of the business and 2045
financial arrangements incidental thereto; and 2046
(c) In all other respects qualified to be licensed or 2047
found suitable consistent with the declared laws of the state. 2048
(3) No person shall be granted a license or found suitable 2049
under the provisions of this chapter who has been convicted of a 2050
felony in any court of this state, another state, or the United 2051
States; and no person shall be granted a license or found suitable 2052
hereunder who has been convicted of a crime in any court of 2053
another state or the United States which, if committed in this 2054
state, would be a felony; and no person shall be granted a license 2055
or found suitable under the provisions of this chapter who has 2056
been convicted of a misdemeanor in any court of this state or of 2057
another state, when such conviction was for gambling, sale of 2058
alcoholic beverages to minors, prostitution, or procuring or 2059
inducing individuals to engage in prostitution. 2060
(4) A license to operate a gaming establishment shall not be 2061
granted unless the applicant has satisfied the commission that: 2062
(a) He has adequate business probity, competence and 2063
experience, in gaming or generally; and 2064
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(b) The proposed financing of the entire operation is: 2065
(i) Adequate for the nature of the proposed 2066
operation; and 2067
(ii) From a suitable source. Any lender or other 2068
source of money or credit which the commission finds does not meet 2069
the standards set forth in subsection (2) may be deemed 2070
unsuitable. 2071
(5) An application to receive a license or be found suitable 2072
constitutes a request for a determination of the applicant's 2073
general character, integrity and ability to participate or engage 2074
in, or be associated with gaming. Any written or oral statement 2075
made in the course of an official proceeding of the commission or 2076
the executive director or any witness testifying under oath which 2077
is relevant to the purpose of the proceeding is absolutely 2078
privileged and does not impose liability for defamation or 2079
constitute a ground for recovery in any civil action. 2080
(6) The commission may, in its discretion, grant a license 2081
to a corporation which has complied with the provisions of this 2082
chapter. 2083
(7) The commission may, in its discretion, grant a license 2084
to a limited partnership which has complied with the provisions of 2085
this chapter. 2086
(8) No limited partnership, except one whose sole limited 2087
partner is a publicly traded corporation which has registered with 2088
the commission, or business trust or organization or other 2089
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association of a quasi-corporate character is eligible to receive 2090
or hold any license under this chapter unless all persons having 2091
any direct or indirect interest therein of any nature whatsoever, 2092
whether financial, administrative, policymaking or supervisory, 2093
are individually qualified to be licensed under the provisions of 2094
this chapter. 2095
(9) The commission may, by regulation, limit the number of 2096
persons who may be financially interested and the nature of their 2097
interest in any corporation or other organization or association 2098
licensed under this chapter, and may establish such other 2099
qualifications of licenses as the commission, in its discretion, 2100
deems to be in the public interest and consistent with the 2101
declared policy of the state. 2102
SECTION 38. Section 87-1-5, Mississippi Code of 1972, is 2103
amended as follows: 2104
87-1-5. If any person, by playing at any game whatever, or 2105
by betting on the sides or hands of such as do play at any game, 2106
or by betting on any horse race or cockfight, or at any other 2107
sport or pastime, or by any wager whatever, shall lose any money, 2108
property, or other valuable thing, real or personal, and shall pay 2109
or deliver the same or any part thereof, the person so losing and 2110
paying or delivering the same, or his wife or children, may sue 2111
for and recover such money, property, or other valuable thing so 2112
lost and paid or delivered, or any part thereof, from the person 2113
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knowingly receiving the same, with costs. However, this section 2114
shall not apply to betting, gaming or wagering: 2115
(a) On a cruise vessel as defined in Section 27-109-1 2116
whenever such vessel is in the waters within the State of 2117
Mississippi, which lie adjacent to the State of Mississippi south 2118
of the three (3) most southern counties in the State of 2119
Mississippi, including the Mississippi Sound, St. Louis Bay, 2120
Biloxi Bay and Pascagoula Bay; 2121
(b) In a structure located in whole or in part on shore 2122
in any of the three (3) most southern counties in the State of 2123
Mississippi in which the registered voters of the county have 2124
voted to allow such betting, gaming or wagering on cruise vessels 2125
as provided in Section 19-3-79, if: 2126
(i) The structure is owned, leased or controlled 2127
by a person possessing a gaming license, as defined in Section 2128
75-76-5, to conduct legal gaming on a cruise vessel under 2129
paragraph (a) of this section; 2130
(ii) The part of the structure in which licensed 2131
gaming activities are conducted is located entirely in an area 2132
which is located no more than eight hundred (800) feet from the 2133
mean high-water line (as defined in Section 29-15-1) of the waters 2134
within the State of Mississippi, which lie adjacent to the State 2135
of Mississippi south of the three (3) most southern counties in 2136
the State of Mississippi, including the Mississippi Sound, St. 2137
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 2138
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Harrison County only, no farther north than the southern boundary 2139
of the right-of-way for U.S. Highway 90, whichever is greater; and 2140
(iii) In the case of a structure that is located 2141
in whole or part on shore, the part of the structure in which 2142
licensed gaming activities are conducted shall lie adjacent to 2143
state waters south of the three (3) most southern counties in the 2144
State of Mississippi, including the Mississippi Sound, St. Louis 2145
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 2146
structure is located consists of a parcel of real property, 2147
easements and rights-of-way for public streets and highways shall 2148
not be construed to interrupt the contiguous nature of the parcel, 2149
nor shall the footage contained within the easements and 2150
rights-of-way be counted in the calculation of the distances 2151
specified in subparagraph (ii) * * *; 2152
(c) On a vessel as defined in Section 27-109-1 whenever 2153
such vessel is on the Mississippi River or navigable waters within 2154
any county bordering on the Mississippi River; or 2155
(d) That is legal under the laws of the State of 2156
Mississippi. 2157
SECTION 39. Section 97-33-25, Mississippi Code of 1972, is 2158
amended as follows: 2159
97-33-25. If any person shall sell or buy, either directly 2160
or indirectly, any chance in what is commonly called pool, upon 2161
any event whatever, or shall in any manner engage in such business 2162
or pastime, he shall be fined not more than Five Hundred Dollars 2163
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($500.00) or shall be imprisoned in the county jail not more than 2164
ninety (90) days; provided, however, this section shall not apply 2165
to betting, gaming or wagering: 2166
(a) On a cruise vessel as defined in Section 27-109-1 2167
whenever such vessel is in the waters within the State of 2168
Mississippi, which lie adjacent to the State of Mississippi south 2169
of the three (3) most southern counties in the State of 2170
Mississippi, including the Mississippi Sound, St. Louis Bay, 2171
Biloxi Bay and Pascagoula Bay, and in which the registered voters 2172
of the county in which the port is located have not voted to 2173
prohibit such betting, gaming or wagering on cruise vessels as 2174
provided in Section 19-3-79; 2175
(b) In a structure located in whole or in part on shore 2176
in any of the three (3) most southern counties in the State of 2177
Mississippi in which the registered voters of the county have 2178
voted to allow such betting, gaming or wagering on cruise vessels 2179
as provided in Section 19-3-79, if: 2180
(i) The structure is owned, leased or controlled 2181
by a person possessing a gaming license, as defined in Section 2182
75-76-5, to conduct legal gaming on a cruise vessel under 2183
paragraph (a) of this section; 2184
(ii) The part of the structure in which licensed 2185
gaming activities are conducted is located entirely in an area 2186
which is located no more than eight hundred (800) feet from the 2187
mean high-water line (as defined in Section 29-15-1) of the waters 2188
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within the State of Mississippi, which lie adjacent to the State 2189
of Mississippi south of the three (3) most southern counties in 2190
the State of Mississippi, including the Mississippi Sound, St. 2191
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 2192
Harrison County only, no farther north than the southern boundary 2193
of the right-of-way for U.S. Highway 90, whichever is greater; and 2194
(iii) In the case of a structure that is located 2195
in whole or part on shore, the part of the structure in which 2196
licensed gaming activities are conducted shall lie adjacent to 2197
state waters south of the three (3) most southern counties in the 2198
State of Mississippi, including the Mississippi Sound, St. Louis 2199
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 2200
structure is located consists of a parcel of real property, 2201
easements and rights-of-way for public streets and highways shall 2202
not be construed to interrupt the contiguous nature of the parcel, 2203
nor shall the footage contained within the easements and 2204
rights-of-way be counted in the calculation of the distances 2205
specified in subparagraph (ii) * * *; 2206
(c) On a vessel as defined in Section 27-109-1 whenever 2207
such vessel is on the Mississippi River or navigable waters within 2208
any county bordering on the Mississippi River, and in which the 2209
registered voters of the county in which the port is located have 2210
not voted to prohibit such betting, gaming or wagering on vessels 2211
as provided in Section 19-3-79; or 2212
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(d) That is legal under the laws of the State of 2213
Mississippi. 2214
SECTION 40. Section 97-33-27, Mississippi Code of 1972, is 2215
amended as follows: 2216
97-33-27. If any person shall bet on a horse race or a yacht 2217
race or on a shooting match, he shall be fined not more than Five 2218
Hundred Dollars ($500.00), and, unless the fine and costs be 2219
immediately paid, he shall be imprisoned in the county jail not 2220
more than ninety (90) days; provided, however, this section shall 2221
not apply to betting, gaming or wagering: 2222
(a) On a cruise vessel as defined in Section 27-109-1 2223
whenever such vessel is in the waters within the State of 2224
Mississippi, which lie adjacent to the State of Mississippi south 2225
of the three (3) most southern counties in the State of 2226
Mississippi, including the Mississippi Sound, St. Louis Bay, 2227
Biloxi Bay and Pascagoula Bay, and in which the registered voters 2228
of the county in which the port is located have not voted to 2229
prohibit such betting, gaming or wagering on cruise vessels as 2230
provided in Section 19-3-79; 2231
(b) In a structure located in whole or in part on shore 2232
in any of the three (3) most southern counties in the State of 2233
Mississippi in which the registered voters of the county have 2234
voted to allow such betting, gaming or wagering on cruise vessels 2235
as provided in Section 19-3-79, if: 2236
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(i) The structure is owned, leased or controlled 2237
by a person possessing a gaming license, as defined in Section 2238
75-76-5, to conduct legal gaming on a cruise vessel under 2239
paragraph (a) of this section; 2240
(ii) The part of the structure in which licensed 2241
gaming activities are conducted is located entirely in an area 2242
which is located no more than eight hundred (800) feet from the 2243
mean high-water line (as defined in Section 29-15-1) of the waters 2244
within the State of Mississippi, which lie adjacent to the State 2245
of Mississippi south of the three (3) most southern counties in 2246
the State of Mississippi, including the Mississippi Sound, St. 2247
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to 2248
Harrison County only, no farther north than the southern boundary 2249
of the right-of-way for U.S. Highway 90, whichever is greater; and 2250
(iii) In the case of a structure that is located 2251
in whole or part on shore, the part of the structure in which 2252
licensed gaming activities are conducted shall lie adjacent to 2253
state waters south of the three (3) most southern counties in the 2254
State of Mississippi, including the Mississippi Sound, St. Louis 2255
Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the 2256
structure is located consists of a parcel of real property, 2257
easements and rights-of-way for public streets and highways shall 2258
not be construed to interrupt the contiguous nature of the parcel, 2259
nor shall the footage contained within the easements and 2260
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rights-of-way be counted in the calculation of the distances 2261
specified in subparagraph (ii) * * *; 2262
(c) On a vessel as defined in Section 27-109-1 whenever 2263
such vessel is on the Mississippi River or navigable waters within 2264
any county bordering on the Mississippi River, and in which the 2265
registered voters of the county in which the port is located have 2266
not voted to prohibit such betting, gaming or wagering on vessels 2267
as provided in Section 19-3-79; or 2268
(d) That is legal under the laws of the State of 2269
Mississippi. 2270
SECTION 41. Section 43-19-31, Mississippi Code of 1972, is 2271
amended as follows: 2272
43-19-31. The Department of Human Services is hereby 2273
authorized and empowered to establish a single and separate Child 2274
Support Unit for the following purposes: 2275
(a) To develop and implement a nonsupport and paternity 2276
program and institute proceedings in the name of the Department of 2277
Human Services or in the name of the recipient in any court of 2278
competent jurisdiction in any county where the mother of the child 2279
resides or is found, in the county where the father resides or is 2280
found, or in the county where the child resides or is found; 2281
(b) To secure and collect support by any method 2282
authorized under state law and establish paternity for any child 2283
or children receiving aid from the department any form of public 2284
assistance, including, but not limited to, medical assistance, 2285
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foster care, food stamps, TANF, or any other program under the 2286
federal Social Security Act, from a parent or any other person 2287
legally liable for such support who has either failed or refused 2288
to provide support, deserted, neglected or abandoned the child or 2289
children, including cooperating with other states in establishing 2290
paternity, locating absent parents and securing compliance with 2291
court orders for support of Temporary Assistance for Needy 2292
Families (TANF) children; the department may petition the court 2293
for the inclusion of health insurance as part of any child support 2294
order on behalf of any child receiving aid from the department 2295
unless good cause for noncooperation, as defined by the Social 2296
Security Act or the Mississippi Department of Human Services, is 2297
established. Unless notified to the contrary, whenever a child or 2298
children for whom child support services have been provided ceases 2299
to receive public assistance, the department will continue to 2300
provide services and establish paternity, secure and collect such 2301
support payments from a parent or any other person legally liable 2302
for such support in accordance with the standards prescribed 2303
pursuant to the federal Social Security Act; 2304
(c) To accept applications for child support 2305
enforcement services to establish paternity, secure and collect 2306
support from any proper party or person as defined by Title IV-D 2307
of the federal Social Security Act notwithstanding the fact that 2308
the child or children do not currently receive or have never 2309
received public assistance. The department shall have the 2310
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authority to secure and collect support by any method authorized 2311
under state law and establish paternity for any child or children 2312
on behalf of a recipient of child support services, including 2313
individuals who do not currently receive or have never received 2314
public assistance from a parent or any other person legally liable 2315
for such support who has either failed or refused to provide 2316
support, deserted, neglected or abandoned the child or children, 2317
including cooperating with other states in establishing paternity, 2318
locating absent parents and securing compliance with court orders 2319
for support; the department may petition the court for the 2320
inclusion of health insurance as part of any child support order 2321
on behalf of such recipients of child support services. The 2322
proceeds of any collections resulting from such application shall 2323
be distributed in accordance with the standards prescribed in the 2324
federal Social Security Act; 2325
(d) The department shall seek to recover from the 2326
individual who owes a support obligation to any individual who is 2327
a recipient of Title IV-D services as set forth in paragraph (b) 2328
or (c) on whose behalf the department is providing services, upon 2329
judicial proceedings conducted thereon after advance notice to 2330
such obligor, reasonable attorney's fees and court costs, in 2331
excess of any administrative fees collected and in excess of 2332
amounts of current support owed by the obligor, which the 2333
department incurs in recovering and collecting the support 2334
obligation, such costs and fees as the department recovers to be 2335
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deposited in the Special Fund of the Mississippi Department of 2336
Human Services which is hereby established for the pursuit and 2337
collection of child support; 2338
(e) To initiate contempt of court proceedings or any 2339
other remedial proceedings necessary to enforce (i) any order or 2340
decree of court relating to child support, and (ii) any order or 2341
decree of court relating to the maintenance and/or alimony of a 2342
parent where support collection services on his or her child's 2343
behalf are being provided by the department; 2344
(f) To secure and collect by any method authorized 2345
under state law any maintenance and/or alimony on behalf of a 2346
parent whose child or children's support is being collected by the 2347
department. The department shall collect only such maintenance 2348
and/or alimony as is ordered or decreed by the court, and only in 2349
the event that the minor child and parent to whom such maintenance 2350
and/or alimony has been ordered are living in the same household; 2351
(g) To obtain restitution of monies expended for public 2352
assistance from a parent or any other person legally liable for 2353
the support of any child or children receiving aid from the 2354
department; said action for restitution shall arise from the 2355
payment of public assistance for the dependent child or children 2356
and shall be for the amount of the public assistance paid. Said 2357
action for restitution shall not arise against the parent or other 2358
person legally responsible who receives public assistance for the 2359
benefit of any dependent child or children. When a court order of 2360
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support has been issued, the amount recoverable shall be limited 2361
to the amount of the court order; 2362
(h) Setting off against a debtor's income tax refund or 2363
rebate any debt which is in the form of a liquidated sum due and 2364
owing for the care, support or maintenance of a child; 2365
(i) To have full responsibility in the aforementioned 2366
cases for initiating actions under the Uniform Interstate Family 2367
Support Act and for responding to the actions of other 2368
jurisdictions under said law when Mississippi is the responding 2369
state; however, this shall not impair private litigants' rights to 2370
proceed under any applicable interstate enforcement mechanisms; 2371
(j) To enter into contracts for the purpose of 2372
performing any test which the department may, from time to time, 2373
require; 2374
(k) To maintain a Central Receipting and Disbursement 2375
Unit to which all payments required by withholding orders and 2376
orders for support in all actions to which the Department of Human 2377
Services is a party shall be forwarded, and from which child 2378
support payments ordered by the court in actions to which the 2379
Department of Human Services is a party shall be disbursed to the 2380
custodial parent or other such party as may be designated by the 2381
court order. The Central Receipting and Disbursement Unit shall 2382
be operated by the Department of Human Services or any financial 2383
institution having operations and qualified to do business in 2384
Mississippi, whose deposits are insured by the Federal Deposit 2385
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Insurance Corporation. The department shall conduct cost-benefit 2386
analyses to determine and utilize the more cost efficient manner 2387
of operating the unit; 2388
(l) To maintain a Mississippi Department of Human 2389
Services Case Registry containing records with respect to: 2390
(i) Each case in which services are being provided 2391
by the department under this section; 2392
(ii) Each support order established or modified in 2393
Mississippi on or after October 1, 1998; and 2394
(iii) The Administrative Office of Courts, as 2395
established by Section 9-21-1, Mississippi Code of 1972, in 2396
consultation with the Mississippi Department of Human Services, 2397
shall devise, promulgate and require the use of a Uniform Child 2398
Support Order Tracking System. 2399
1. Information collected from case filing 2400
forms shall be furnished to the Mississippi Department of Human 2401
Services, Division of Child Support Enforcement, in order that 2402
compliance with court-ordered obligations of support may be 2403
tracked with specificity throughout the duration of said 2404
obligations and any subsequent proceedings. 2405
2. Such tracking system shall include: a. 2406
the names, residential and mailing addresses, telephone numbers, 2407
Social Security numbers, driver's license numbers and dates of 2408
birth of each child and parent named in or subject to the court 2409
order; b. the court cause number of the action; c. name, address 2410
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and telephone number of employer; d. any restraining or protective 2411
order indicating domestic violence; and e. any other information 2412
which may be used for the purpose of identifying any person named 2413
in or subject to the order or for the purposes of establishing, 2414
enforcing or modifying a child support order; 2415
(m) To take administrative actions relating to genetic 2416
testing, determine paternity, establish child support orders, 2417
modification of child support orders, income withholding, liens 2418
and subpoenas without the necessity of obtaining an order from any 2419
judicial or other administrative tribunal with respect to cases 2420
initiated or enforced by the department pursuant to Title IV-D of 2421
the Social Security Act; 2422
(n) To have the authority to use high-volume automated 2423
administrative enforcement in interstate cases to the same extent 2424
as used for intrastate cases, in response to a request made by 2425
another state to enforce support orders; 2426
(o) To provide any child support enforcement or other 2427
service as may be required by the United States of America, 2428
Department of Health and Human Services, Family Support 2429
Administration, Office of Child Support Enforcement or their 2430
successor pursuant to federal law or regulation; * * * 2431
(p) To collaborate with the Office of the State 2432
Treasurer in order to identify persons presumed to have unclaimed 2433
property and intercept eligible unclaimed property to satisfy, 2434
fully or partially, the person's child support arrearage * * *; 2435
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(q) To collaborate with the Mississippi Gaming 2436
Commission in order to establish rules and regulations providing 2437
for the withholding of cash game winnings, including, but not 2438
limited to, slot machine annuities, sports betting and/or other 2439
reportable cash winnings of persons who have outstanding child 2440
support arrearages. 2441
SECTION 42. This section shall be codified as Section 2442
43-19-63, Mississippi Code of 1972: 2443
43-19-63. Casinos to exchange certain information with the 2444
Mississippi Department of Human Services (MDHS) for noncustodial 2445
parents delinquent in child support; participation requirement and 2446
duties of casinos and Mississippi Department of Human Services. 2447
(1) For purposes of this section, the following words and 2448
phrases shall have the meanings ascribed herein, unless the 2449
context clearly indicates otherwise: 2450
(a) "Cash gaming winnings" means only the cash gaming 2451
winnings for which the gaming licensee is required to file Form 2452
W2-G, or a substantially equivalent form, with the United States 2453
Internal Revenue Service. 2454
(b) "Commission" means the Mississippi Gaming 2455
Commission. 2456
(c) "Child support arrearages" means any obligation 2457
owed for the care, support or maintenance of a child, including 2458
spousal support that is enforced in conjunction with a child 2459
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support obligation pursuant to Section 43-19-31 of the Mississippi 2460
Code of 1972, which is overdue, unpaid or in arrears. 2461
(d) "Gaming licensee" means any entity licensed or 2462
permitted to operate gaming operations under current law. 2463
(e) "Obligee" means the recipient of Title IV-D 2464
services of the Social Security Act to whom child support is owed. 2465
(f) "Obligor" means a person who wins a progressive 2466
slot machine annuity or cash gaming winnings and has those 2467
winnings intercepted due to having child support arrearages. 2468
(g) "Progressive slot machine annuity" means only the 2469
progressive slot machine annuity winnings for which the gaming 2470
licensee is required to file Form W2-G, or a substantially 2471
equivalent form, with the United States Internal Revenue Service. 2472
(h) "Electronic database access" means the data shared 2473
by the Department of Human Services with gaming licensees 2474
regarding persons who owe child support arrearages that is updated 2475
daily. 2476
(2) The commission shall collaborate with the Department of 2477
Human Services to promulgate all rules and regulations necessary 2478
to carry out the provisions of this section, including, but not 2479
limited to, a procedure requiring the withholding of payments of 2480
progressive slot machine annuities and reportable cash gaming 2481
winnings of persons who have outstanding child support arrearages, 2482
prior to the payment of a progressive slot machine annuity, 2483
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beginning with the second annuity payment, or cash gaming 2484
winnings. 2485
(3) The gaming licensee, including any of its officers, 2486
employees, attorneys, accountants, or other agents, shall not be 2487
civilly or criminally liable to any person, including any 2488
customer, for any disclosure of information made in accordance 2489
with this section, for encumbering or surrendering assets in 2490
response to information provided by the Department of Human 2491
Services, or for any claims for damages arising from withholding 2492
or failing to withhold any progressive slot machine annuities or 2493
cash gaming winnings, based upon information provided to it. 2494
(4) If any gaming licensee determines that the winner of a 2495
progressive slot machine annuity or cash gaming winnings is a 2496
person who has outstanding child support arrearages, the gaming 2497
licensee shall deduct the child support arrearage from the payment 2498
of the progressive slot machine annuity or cash gaming winnings. 2499
The gaming licensee shall forward the deducted amount to the 2500
Department of Human Services within seven (7) days. The gaming 2501
licensee shall pay the remainder to the person who has outstanding 2502
child support arrearages. If the remainder is equal to or less 2503
than zero, the person who has an outstanding child support 2504
arrearage shall not receive a payment. 2505
(5) The Department of Human Services shall release the 2506
encumbering game winnings to the obligee after either: 2507
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(a) A thirty-day period beginning the day the funds are 2508
encumbered; or 2509
(b) Until such time as the issue of child support 2510
arrearages is resolved, provided the obligor has filed a petition 2511
for hearing with a court of appropriate jurisdiction and served 2512
the Department of Human Services through the Attorney General of 2513
the State of Mississippi before the end of the thirty-day period. 2514
(6) Grounds for the petition challenging the encumbrance of 2515
game winnings shall be limited to the following: 2516
(a) Mistakes of identity; or 2517
(b) Mistakes in amount of child support arrearages. 2518
(7) Any gaming licensee may deduct an administrative fee 2519
from each payment of a progressive slot machine annuity, beginning 2520
with the second annuity payment, or cash gaming winnings, of 2521
persons who have outstanding child support arrearages per singular 2522
or periodic payment, not to exceed Thirty-five Dollars ($35.00). 2523
(8) If the winner of a progressive slot machine annuity or 2524
cash gaming winnings is determined not to owe child support 2525
arrearages, then the gaming licensee is not required to access the 2526
electronic database for that winner on a subsequent progressive 2527
slot machine annuity or cash gaming winnings for an additional 2528
twenty-four (24) hours. 2529
(9) The commission shall also require that the gaming 2530
licensee to adopt procedures designed to prevent employees from 2531
willfully failing to withhold payments of progressive slot machine 2532
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annuities or cash gaming winnings from persons who have 2533
outstanding child support arrearages based upon the information 2534
provided by the Department of Human Services that allows the 2535
gaming licensee to identify such persons. 2536
(10) Not later than January 1, 2027, the Commission and 2537
Department of Human Services shall institute all policies, 2538
procedures and processes as necessary to implement the provisions 2539
of this section. 2540
SECTION 43. Section 75-76-33, Mississippi Code of 1972, is 2541
amended as follows: 2542
75-76-33. (1) The commission shall, from time to time, 2543
adopt, amend or repeal such regulations, consistent with the 2544
policy, objects and purposes of this chapter, as it may deem 2545
necessary or desirable in the public interest in carrying out the 2546
policy and provisions of this chapter. The commission shall 2547
comply with the Mississippi Administrative Procedures Law when 2548
adopting, amending or repealing any regulations authorized under 2549
this section or under any other provision of this chapter. 2550
(2) These regulations shall, without limiting the general 2551
powers herein conferred, include the following: 2552
(a) Prescribing the method and form of application 2553
which any applicant for a license or for a manufacturer's, 2554
seller's or distributor's license must follow and complete before 2555
consideration of his application by the executive director or the 2556
commission. 2557
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(b) Prescribing the information to be furnished by any 2558
applicant or licensee concerning his antecedents, habits, 2559
character, associates, criminal record, business activities and 2560
financial affairs, past or present. 2561
(c) Prescribing the information to be furnished by a 2562
licensee relating to his employees. 2563
(d) Requiring fingerprinting of an applicant or 2564
licensee, and gaming employees of a licensee, or other methods of 2565
identification and the forwarding of all fingerprints taken 2566
pursuant to regulation of the Federal Bureau of Investigation. 2567
(e) Prescribing the manner and procedure of all 2568
hearings conducted by the commission or any hearing examiner of 2569
the commission, including special rules of evidence applicable 2570
thereto and notices thereof. 2571
(f) Requiring any applicant to pay all or any part of 2572
the fees and costs of investigation of such applicant as may be 2573
determined by the commission under paragraph (g) of this 2574
subsection (2). 2575
(g) Prescribing the amounts of investigative fees only 2576
as authorized by regulations of the commission under paragraph (f) 2577
of this subsection, and collecting those fees. The commission 2578
shall adopt regulations setting the amounts of those fees at 2579
levels that will provide the commission with sufficient revenue, 2580
when combined with any other monies as may be deposited into the 2581
Mississippi Gaming Commission Fund created in Section 75-76-325, 2582
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to carry out the provisions of this chapter without any state 2583
general funds. In calculating the amount of such fees, the 2584
commission shall: 2585
(i) Attempt to set the fees at levels that will 2586
create a balance in the Mississippi Gaming Commission Fund that 2587
does not exceed, at the end of any state fiscal year, two percent 2588
(2%) of the projected amount of funds that will provide the 2589
commission with such sufficient revenue; and 2590
(ii) Demonstrate the reasonableness of the 2591
relationship between a fee and the actual costs of the 2592
investigative activity for which the fee is being prescribed. 2593
(h) Prescribing the manner and method of collection and 2594
payment of fees and issuance of licenses. 2595
(i) Prescribing under what conditions a licensee may be 2596
deemed subject to revocation or suspension of his license. 2597
(j) Requiring any applicant or licensee to waive any 2598
privilege with respect to any testimony at any hearing or meeting 2599
of the commission, except any privilege afforded by the 2600
Constitution of the United States or this state. 2601
(k) Defining and limiting the area, games and devices 2602
permitted, and the method of operation of such games and devices, 2603
for the purposes of this chapter. 2604
(l) Prescribing under what conditions the nonpayment of 2605
a gambling debt by a licensee shall be deemed grounds for 2606
revocation or suspension of his license. 2607
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(m) Governing the use and approval of gambling devices 2608
and equipment. 2609
(n) Prescribing the qualifications of, and the 2610
conditions under which, attorneys, accountants and others are 2611
permitted to practice before the commission. 2612
(o) Restricting access to confidential information 2613
obtained under this chapter and ensuring that the confidentiality 2614
of such information is maintained and protected. 2615
(p) Prescribing the manner and procedure by which the 2616
executive director on behalf of the commission shall notify a 2617
county or a municipality wherein an applicant for a license 2618
desires to locate. 2619
(q) Prescribing the manner and procedure for an 2620
objection to be filed with the commission and the executive 2621
director by a county or municipality wherein an applicant for a 2622
license desires to locate. 2623
(r) Prescribing the manner and procedure in which child 2624
support or child support arrearages may be collected from gaming 2625
winnings and slot machine annuities. 2626
(3) Notwithstanding any other provision of law, each 2627
licensee shall be required to comply with the regulation that no 2628
wager may be placed by, or on behalf of, any individual or entity 2629
or group, not present on a licensed vessel or cruise vessel. 2630
(4) From and after July 1, 2016, the expenses of this agency 2631
shall be defrayed by appropriation from the State General Fund and 2632
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all user charges and fees authorized under this section shall be 2633
deposited into the State General Fund as authorized by law. 2634
(5) From and after July 1, 2016, no state agency shall 2635
charge another state agency a fee, assessment, rent or other 2636
charge for services or resources received by authority of this 2637
section. 2638
SECTION 44. Section 93-11-71, Mississippi Code of 1972, is 2639
amended as follows: 2640
93-11-71. (1) Whenever a court orders any person to make 2641
periodic payments of a sum certain for the maintenance or support 2642
of a child, and whenever such payments as have become due remain 2643
unpaid for a period of at least thirty (30) days, a judgment by 2644
operation of law shall arise against the obligor in an amount 2645
equal to all payments that are then due and owing. 2646
(a) A judgment arising under this section shall have 2647
the same effect and be fully enforceable as any other judgment 2648
entered in this state. A judicial or administrative action to 2649
enforce the judgment may be begun at any time; and 2650
(b) Such judgments arising in other states by operation 2651
of law shall be given full faith and credit in this state. 2652
(2) Any judgment arising under the provisions of this 2653
section shall operate as a lien upon all the property of the 2654
judgment debtor, both real and personal, which lien shall be 2655
perfected as to third parties without actual notice thereof only 2656
upon enrollment on the judgment roll. The department or attorney 2657
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representing the party to whom support is owed shall furnish an 2658
abstract of the judgment for periodic payments for the maintenance 2659
and support of a child, along with sworn documentation of the 2660
delinquent child support, to the circuit clerk of the county where 2661
the judgment is rendered, and it shall be the duty of the circuit 2662
clerk to enroll the judgment on the judgment roll. Liens arising 2663
under the provisions of this section may be executed upon and 2664
enforced in the same manner and to the same extent as any other 2665
judgment. 2666
(3) Notwithstanding the provisions in subsection (2) of this 2667
section, any judgment arising under the provisions of this section 2668
shall subject the following assets to interception or seizure 2669
without regard to the entry of the judgment on the judgment roll 2670
of the situs district or jurisdiction and such assets shall apply 2671
to all child support owed including all arrears: 2672
(a) Periodic or lump-sum payments from a federal, state 2673
or local agency, including unemployment compensation, workers' 2674
compensation and other benefits; 2675
(b) Winnings from lotteries * * *, gaming 2676
winnings * * * and slot machine annuities; and 2677
(c) Assets held in financial institutions; 2678
(d) Settlements and awards resulting from civil 2679
actions; 2680
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(e) Public and private retirement funds, only to the 2681
extent that the obligor is qualified to receive and receives a 2682
lump-sum or periodic distribution from the funds; 2683
(f) Lump-sum payments as defined in Section 93-11-101; 2684
and 2685
(g) Unclaimed property as described in Section 89-12-1 2686
et seq. 2687
(4) Notwithstanding the provisions of subsections (1) and 2688
(2) of this section, upon disestablishment of paternity granted 2689
pursuant to Section 93-9-10 and a finding of clear and convincing 2690
evidence including negative DNA testing that the obligor is not 2691
the biological father of the child or children for whom support 2692
has been ordered, the court shall disestablish paternity and may 2693
forgive any child support arrears of the obligor for the child or 2694
children determined by the court not to be the biological child or 2695
children of the obligor, if the court makes a written finding 2696
that, based on the totality of the circumstances, the forgiveness 2697
of the arrears is equitable under the circumstances. 2698
(5) In any case in which a child receives assistance from 2699
block grants for Temporary Assistance for Needy Families (TANF), 2700
and the obligor owes past-due child support, the obligor, if not 2701
incapacitated, may be required by the court to participate in any 2702
work programs offered by any state agency. 2703
(6) A parent who receives social security disability 2704
insurance payments who is liable for a child support arrearage and 2705
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ST: Mississippi Mobile Sports Wagering Act;
create.
whose disability insurance benefits provide for the payment of 2706
past due disability insurance benefits for the support of the 2707
minor child or children for whom the parent owes a child support 2708
arrearage shall receive credit toward the arrearage for the 2709
payment or payments for the benefit of the minor child or children 2710
if the arrearage accrued after the date of disability onset as 2711
determined by the Social Security Administration. 2712
SECTION 45. After the date that the Board of Trustees of the 2713
Public Employees' System has set the assumed rate of return on 2714
investments for the assets of the system at a rate that is equal 2715
to or greater than the actuarial assumed rate of return on 2716
investments for the assets of the system on January 1, 2020, the 2717
State Treasurer, in conjunction with the State Fiscal Officer, 2718
shall transfer the sum of Six Hundred Million Dollars 2719
($600,000,000.00) from the Capital Expense Fund (Fund No. 2720
6499C00000) to the Employers' Accumulation Account of the Public 2721
Employees' Retirement System created in Section 25-11-123(c). 2722
SECTION 46. This act shall stand repealed on January 1, 2723
2028. 2724
SECTION 47. This act shall take effect and be in force from 2725
and after July 1, 2026, however, online sports pool or online race 2726
book activities shall commence outside of a licensed gaming 2727
premises not later than December 8, 2026. 2728