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H. C. R. No. 38 *HR26/R1493* ~ OFFICIAL ~ G2/3
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To: Constitution
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Harness
HOUSE CONCURRENT RESOLUTION NO. 38
A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1
112, MISSISSIPPI CONSTITUTION OF 1890, TO REVISE THE LEGISLATURE'S 2
AUTHORITY TO LIMIT OR DENY A COUNTY'S RIGHT TO LEVY COUNTY AND/OR 3
SPECIAL TAXES ON NUCLEAR-POWERED ELECTRICAL GENERATING PLANTS, TO 4
PROVIDE FOR A SPECIAL MODE OF VALUATION, ASSESSMENT AND LEVY UPON 5
SUCH PLANTS, AND TO PROVIDE FOR THE DISTRIBUTION OF THE REVENUE 6
DERIVED THEREFROM. 7
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF 8
MISSISSIPPI, That the following amendment to the Mississippi 9
Constitution of 1890 is proposed to the qualified electors of the 10
state: 11
Amend Section 112, Mississippi Constitution of 1890, to read 12
as follows: 13
"Section 112. Taxation shall be uniform and equal throughout 14
the state. All property not exempt from ad valorem taxation shall 15
be taxed at its assessed value. Property shall be assessed for 16
taxes under general laws, and by uniform rules, and in proportion 17
to its true value according to the classes defined herein. The 18
Legislature may, by general laws, exempt particular species of 19
property from taxation, in whole or in part. 20
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The Legislature shall provide, by general laws, the method by 21
which the true value of taxable property shall be ascertained; 22
provided, however, in arriving at the true value of Class I and 23
Class II property, the appraisal shall be made according to 24
current use, regardless of location. The Legislature may provide 25
for a special mode of valuation and assessment for railroads, and 26
railroad and other corporate property, or for particular species 27
of property belonging to persons, corporations or associations not 28
situated wholly in one (1) county. All such property shall be 29
assessed in proportion to its value according to its class, and no 30
county, or other taxing authority, shall be denied the right to 31
levy county and/or special taxes upon such assessment as in other 32
cases of property situated and assessed in the county * * *. The 33
Legislature may provide a special mode of assessment, fixing the 34
taxable year, date of the tax lien, and method and date of 35
assessing and collecting taxes on all motor vehicles. 36
The assessed value of property shall be a percentage of its 37
true value, which shall be known as its assessment ratio. The 38
assessment ratio on each class of property as defined herein shall 39
be uniform throughout the state upon the same class of property, 40
provided that the assessment ratio of any one (1) class of 41
property shall not be more than three (3) times the assessment 42
ratio on any other class of property. For purposes of assessment 43
for ad valorem taxes, taxable property shall be divided into five 44
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(5) classes and shall be assessed at a percentage of its true 45
value as follows: 46
Class I. Single-family, owner-occupied, residential real 47
property, at ten percent (10%) of true value. 48
Class II. All other real property, except for real property 49
included in Class I or IV, at fifteen percent (15%) of true value. 50
Class III. Personal property, except for motor vehicles and 51
for personal property included in Class IV, at fifteen percent 52
(15%) of true value. 53
Class IV. Public utility property, which is property owned 54
or used by public service corporations required by general laws to 55
be appraised and assessed by the state or the county, excluding 56
railroad and airline property and motor vehicles, at thirty 57
percent (30%) of true value. 58
Class V. Motor vehicles, at thirty percent (30%) of true 59
value. 60
The Legislature may, by general law, establish acreage 61
limitations on Class I property." 62
BE IT FURTHER RESOLVED, That this proposed amendment shall be 63
submitted by the Secretary of State to the qualified electors at 64
an election to be held on the first Tuesday after the first Monday 65
of November 2026, as provided by Section 273 of the Constitution 66
and by general law. 67
BE IT FURTHER RESOLVED, That the explanation of this proposed 68
amendment for the ballot shall read as follows: "This proposed 69
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ST: Constitution; amend to revise the
Legislature's authority to limit a county's
right to levy taxes on certain electrical
plants.
amendment revises the Legislature's authority to limit or deny a 70
county's right to levy county and/or special taxes on 71
nuclear-powered electrical generating plants, provide for a 72
special mode of valuation, assessment and levy upon such plants, 73
and provide for the distribution of the revenue derived 74
therefrom." 75