Jackson County; authorize to establish public improvement district with power to levy retail assessment.

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To: Local and Private
Legislation
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Guice

COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 4172

AN ACT TO AUTHORIZE THE BOARD OF SUPERVISORS OF JACKSON 1
COUNTY, MISSISSIPPI, TO CREATE A PUBLIC IMPROVEMENT DISTRICT UNDER 2
CHAPTER 31, TITLE 19, MISSISSIPPI CODE OF 1972; TO AUTHORIZE THE 3
DISTRICT TO IMPOSE AND COLLECT A RETAIL ASSESSMENT WITHIN THE 4
DISTRICT; TO PROVIDE THAT THE PROCEEDS OF THE RETAIL ASSESSMENT 5
MAY BE USED AND PLEDGED, TOGETHER WITH SPECIAL ASSESSMENTS AND 6
OTHER REVENUES AUTHORIZED UNDER CHAPTER 31, TITLE 19, MISSISSIPPI 7
CODE OF 1972, FOR THE PURPOSES SET FORTH IN CHAPTER 31, TITLE 19, 8
MISSISSIPPI CODE OF 1972; TO REQUIRE THAT AN ELECTION BE HELD FOR 9
THE IMPOSITION OF THE RETAIL ASSESSMENT; TO PROVIDE FOR COLLECTION 10
AND DISBURSEMENT OF THE RETAIL ASSESSMENT BY THE DISTRICT; TO 11
REQUIRE SEPARATE ACCOUNTING AND AN ANNUAL AUDIT; AND FOR RELATED 12
PURPOSES. 13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 14
SECTION 1. (1) As used in this act, the following terms 15
shall have the meanings ascribed to them in this section unless a 16
different meaning is clearly indicated by the context in which 17
they are used: 18
(a) "Board" means the governing board of the district. 19
(b) "County" means Jackson County, Mississippi. 20
(c) "District" or "public improvement district" means a 21
public improvement district to be established within the county by 22
the governing body under this act and Chapter 31, Title 19, 23
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Mississippi Code of 1972, solely for the purpose of undertaking 24
one or more projects in connection with a development representing 25
a private investment of not less than Seventy Million Dollars 26
($70,000,000). 27
(d) "Governing body" means the county board of 28
supervisors. 29
(e) "Project" means any project, including the cost of 30
a project, as defined in Section 19-31-5 or 17-25-27, Mississippi 31
Code of 1972. 32
(f) "Retail assessment" means the special retail 33
assessment authorized by this act. 34
(2) The definitions in Section 19-31-5, Mississippi Code of 35
1972, shall apply to this act, unless a contrary definition for a 36
term is provided in this section or by the context of its use in 37
this act. 38
SECTION 2. The governing body is hereby authorized to create 39
and establish a public improvement district within the county in 40
accordance with Chapter 31, Title 19, Mississippi Code of 1972, 41
including, without limitation, the procedures set forth in Section 42
19-31-7, Mississippi Code of 1972. In addition to all other 43
authority granted by Chapter 31, Title 19, Mississippi Code of 44
1972, such district is authorized to establish a retail assessment 45
as further described in this act. The district shall operate and 46
be maintained in accordance with Chapter 31, Title 19, Mississippi 47
Code of 1972. 48
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SECTION 3. (1) For the purpose of providing funds to pay 49
the costs of one or more projects, including debt service on any 50
debt incurred by the district in connection with such projects, 51
the district is authorized, in its discretion, to levy and collect 52
a retail assessment, which shall be in addition to all other taxes 53
and assessments now imposed, as provided in this section. The 54
retail assessment authorized by this act shall be imposed at a 55
rate not to exceed one percent (1%) upon the gross proceeds of all 56
sales and services within the district which are subject to the 57
general rate of sales tax under Chapter 65, Title 27, Mississippi 58
Code of 1972, and all retail sales of food or drink for human 59
consumption not purchased with food stamps issued by the United 60
States Department of Agriculture or other federal agency, but 61
which would be exempt under Section 27-65-111(o), Mississippi Code 62
of 1972, from the taxes imposed by Chapter 65, Title 27, 63
Mississippi Code of 1972, if the food items were purchased with 64
food stamps, attributable to such place of business within the 65
district as determined by the board. 66
(2) Persons, firms, businesses, or corporations liable for 67
the retail assessment imposed under subsection (1) of this section 68
shall add the amount of the retail assessment to the sales price 69
or gross income and shall collect, insofar as is practicable, the 70
amount of the retail assessment due by them from the person 71
receiving the product or service at the time of payment therefor. 72
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(3) The retail assessment shall be collected by and paid to 73
the district on a form prescribed by the district in the manner 74
that state sales taxes are computed, collected, and paid. In 75
addition to any enforcement provisions authorized by Chapter 31, 76
Title 19, Mississippi Code of 1972, the district may enforce the 77
collection of the retail assessment in like manner as state sales 78
taxes are collected and enforced. 79
(4) The proceeds of the retail assessment shall be paid to 80
the district on or before the fifteenth day of the month following 81
the month in which collected. The district may retain up to three 82
percent (3%) of the retail assessment to defray the costs 83
associated with the administration of the district. The district 84
may contract with a public or private entity for the collection of 85
the retail assessment. 86
(5) The proceeds of the retail assessment shall be dedicated 87
to and expended solely for the purposes set forth in this act and 88
other purposes authorized for the district under Chapter 31, Title 89
19, Mississippi Code of 1972, including for the payment and 90
security of bonds to construct a project. 91
(6) The board may enter into one or more agreements with a 92
developer for a term not to exceed thirty (30) years to reimburse 93
the developer for the costs of a project or facilities related to 94
a project in the district using any assessments generated by the 95
project to, among other things, assist with the financing of a 96
project. Any payments or reimbursements of costs of a project by 97
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the district may be conditioned upon such terms and conditions, 98
and may contain such safeguards, including, without limitation, 99
project deadlines and benchmarks, as the board determines will 100
best promote and protect the public interest, convenience, and 101
necessity. 102
(7) The district and one or more local government units are 103
authorized to create a regional economic development alliance and 104
enter into an agreement under Article 1, Chapter 64, Title 57, 105
Mississippi Code of 1972. 106
SECTION 4. Before any retail assessment authorized under 107
this act may be imposed, the board of supervisors shall adopt a 108
resolution declaring its intention to call for an election to be 109
held on the question whether or not to levy the retail assessment, 110
setting forth the amount of the retail assessment and the date 111
upon which the retail assessment shall become effective. The date 112
of the election shall be fixed in the resolution. Notice of the 113
intention to call an election to determine whether to levy the 114
retail assessment shall be published once each week for at least 115
three (3) consecutive weeks in a newspaper published or having a 116
general circulation in the county, with the first publication of 117
the notice to be made not less than twenty-one (21) days before 118
the date fixed in the resolution for the election and the last 119
publication to be made not more than seven (7) days before the 120
election. At the election, all qualified electors of the county 121
may vote, and the ballots used in the election shall have printed 122
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thereon a brief statement of the amount and purposes of the 123
proposed retail assessment and the words "FOR THE RETAIL 124
ASSESSMENT" and, on a separate line, "AGAINST THE RETAIL 125
ASSESSMENT" and the voters shall vote by placing a cross (X) or 126
check (✓) opposite their choice on the proposition. When the 127
results of the election shall have been canvassed and certified, 128
the board of supervisors may levy the retail assessment if sixty 129
percent (60%) of the qualified electors who vote on the referendum 130
in the election vote in favor of the retail assessment. At least 131
thirty (30) days before the effective date of the retail 132
assessment, the board of supervisors shall furnish to the district 133
a certified copy of the resolution evidencing the retail 134
assessment. 135
SECTION 5. Accounting for receipts and expenditures of the 136
funds described in this act must be made separately from the 137
accounting of receipts and expenditures of other funds of the 138
district. The records reflecting the receipts and expenditures of 139
the funds prescribed in this act shall be audited annually by an 140
independent certified public accountant, and the accountant shall 141
make a written report of the audit to the board. The audit shall 142
be made and completed as soon as practicable after the close of 143
the fiscal year, and expenses of the audit shall be paid from the 144
funds derived under this act. 145
SECTION 6. (1) The proceeds of the retail assessment levied 146
under this act, together with any amounts authorized under Chapter 147
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31, Title 19, Mississippi Code of 1972, may be pledged to secure 148
the payment of any contract obligations, bonds, or other 149
indebtedness of the district authorized under Chapter 31, Title 150
19, Mississippi Code of 1972. 151
(2) Any pledge of the proceeds of the retail assessment made 152
by the district under this act shall be valid and binding from the 153
time when the pledge is made, without the need for physical 154
delivery of any pledged property. The proceeds of the retail 155
assessment so pledged and thereafter received by the district 156
shall be immediately subject to the lien of such pledge and shall 157
be valid and binding as against all parties having claims of any 158
kind in tort, contract, or otherwise against the district, 159
irrespective of whether such parties have notice thereof. 160
(3) The board may covenant in any resolution imposing the 161
retail assessment, in any contribution agreement, and in any other 162
proceeding or instrument relating to bonds or other indebtedness 163
payable from, or secured by, the proceeds of the retail 164
assessment, that the retail assessment will not be repealed, 165
reduced, or otherwise altered in a manner that would impair such 166
pledge so long as any such bonds or other indebtedness are 167
outstanding, subject to any provisions for amendment, defeasance, 168
or discharge that may be set forth in the governing documents for 169
such bonds or other indebtedness. 170
SECTION 7. This act shall be construed as supplemental and 171
in addition to the powers of the district under Chapter 31, Title 172
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ST: Jackson County; authorize to establish
public improvement district with power to levy
retail assessment.
19, Mississippi Code of 1972; however, this act will control in 173
the event of any conflict between this act and other laws. 174
SECTION 8. This act shall repealed from and after July 1, 175
2032. 176
SECTION 9. This act shall take effect and be in force from 177
and after its passage. 178