Sales tax revenue; divert 2% from activities at Coast Coliseum and State Fairgrounds for repairs to those entities.

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To: Finance
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) DeLano, Carter

SENATE BILL NO. 2844

AN ACT TO AMEND SECTION 27-65-75, MISSISSIPPI CODE OF 1972, 1
TO DIVERT 2% OF STATE SALES TAX REVENUE COLLECTED ON ACTIVITIES AT 2
THE MISSISSIPPI COAST COLISEUM AND CONVENTION CENTER TO THE 3
MISSISSIPPI COAST COLISEUM AND CONVENTION TRUST FUND; TO PROVIDE 4
THAT SUCH FUNDS SHALL BE SPENT SOLELY TO DEFRAY THE COSTS OF 5
CAPITAL IMPROVEMENTS OR MAJOR REPAIRS TO THE COLISEUM AND 6
CONVENTION CENTER; TO DIVERT 2% OF STATE SALES TAX REVENUE 7
COLLECTED ON ACTIVITIES AT THE MISSISSIPPI STATE FAIRGROUNDS TO A 8
SPECIAL FUND MANAGED BY THE DEPARTMENT OF AGRICULTURE AND COMMERCE 9
FOR THE BENEFIT OF THE STATE FAIRGROUNDS; TO PROVIDE THAT SUCH 10
FUNDS SHALL BE SPENT SOLELY TO DEFRAY THE COSTS OF CAPITAL 11
IMPROVEMENTS OR MAJOR REPAIRS TO THE STATE FAIRGROUNDS; AND FOR 12
RELATED PURPOSES. 13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 14
SECTION 1. Section 27-65-75, Mississippi Code of 1972, is 15
amended as follows: 16
27-65-75. On or before the fifteenth day of each month, the 17
revenue collected under the provisions of this chapter during the 18
preceding month shall be paid and distributed as follows: 19
(1) (a) On or before August 15, 1992, and each succeeding 20
month thereafter through July 15, 1993, eighteen percent (18%) of 21
the total sales tax revenue collected during the preceding month 22
under the provisions of this chapter, except that collected 23
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under * * * Sections 27-65-19(3) and 27-65-21, on business 24
activities within a municipal corporation shall be allocated for 25
distribution to the municipality and paid to the municipal 26
corporation. Except as otherwise provided in this paragraph (a), 27
on or before August 15, 1993, and each succeeding month thereafter 28
through August 15, 2025, eighteen and one-half percent (18-1/2%) 29
of the total sales tax revenue collected during the preceding 30
month under the provisions of this chapter, except that collected 31
under * * * Sections 27-65-19(3), 27-65-21 and 27-65-24, on 32
business activities within a municipal corporation shall be 33
allocated for distribution to the municipality and paid to the 34
municipal corporation. Except as otherwise provided in this 35
paragraph (a), on or before September 15, 2025, and each 36
succeeding month thereafter, eighteen and one-half percent (18.5%) 37
of the total sales tax revenue collected during the preceding 38
month under this chapter, except that collected under 39
Sections * * * 27-65-17(1)(n), 27-65-19(3), 27-65-21 and 27-65-24, 40
on business activities within a municipal corporation shall be 41
allocated for distribution and paid to the municipal corporation. 42
On or before September 15, 2025, and each succeeding month 43
thereafter, twenty-five and nine-tenths percent (25.9%) of the 44
total sales tax revenue collected during the preceding month under 45
Section 27-65-17(1)(n) on business activities within a municipal 46
corporation shall be allocated for distribution and paid to the 47
municipal corporation. However, in the event the State Auditor 48
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issues a certificate of noncompliance pursuant to Section 49
21-35-31, the department shall withhold ten percent (10%) of the 50
allocations and payments to the municipality that would otherwise 51
be payable to the municipality under this paragraph (a) until such 52
time that the department receives written notice of the 53
cancellation of a certificate of noncompliance from the State 54
Auditor. 55
A municipal corporation, for the purpose of distributing the 56
tax under this subsection, shall mean and include all incorporated 57
cities, towns and villages. 58
Monies allocated for distribution and credited to a municipal 59
corporation under this paragraph may be pledged as security for a 60
loan if the distribution received by the municipal corporation is 61
otherwise authorized or required by law to be pledged as security 62
for such a loan. 63
In any county having a county seat that is not an 64
incorporated municipality, the distribution provided under this 65
subsection shall be made as though the county seat was an 66
incorporated municipality; however, the distribution to the 67
municipality shall be paid to the county treasury in which the 68
municipality is located, and those funds shall be used for road, 69
bridge and street construction or maintenance in the county. 70
(b) On or before August 15, 2006, and each succeeding 71
month thereafter through August 15, 2025, eighteen and one-half 72
percent (18-1/2%) of the total sales tax revenue collected during 73
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the preceding month under the provisions of this chapter, except 74
that collected under * * * Sections 27-65-19(3) and 27-65-21, on 75
business activities on the campus of a state institution of higher 76
learning or community or junior college whose campus is not 77
located within the corporate limits of a municipality, shall be 78
allocated for distribution to the state institution of higher 79
learning or community or junior college and paid to the state 80
institution of higher learning or community or junior college. On 81
or before September 15, 2025, and each succeeding month 82
thereafter, eighteen and one-half percent (18.5%) of the total 83
sales tax revenue collected during the preceding month under this 84
chapter, except that collected under Sections * * * 85
27-65-17(1)(n), 27-65-19(3) and 27-65-21, on business activities 86
on the campus of a state institution of higher learning or 87
community or junior college whose campus is not located within the 88
corporate limits of a municipality, shall be allocated for 89
distribution and paid to the state institution of higher learning 90
or community or junior college. On or before September 15, 2025, 91
and each succeeding month thereafter, twenty-five and nine-tenths 92
percent (25.9%) of the total sales tax revenue collected during 93
the preceding month under Section 27-65-17(1)(n) on business 94
activities on the campus of a state institution of higher learning 95
or community or junior college whose campus is not located within 96
the corporate limits of a municipality, shall be allocated for 97
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distribution and paid to the state institution of higher learning 98
or community or junior college. 99
(c) On or before August 15, 2018, and each succeeding 100
month thereafter until August 14, 2019, two percent (2%) of the 101
total sales tax revenue collected during the preceding month under 102
the provisions of this chapter, except that collected under * * * 103
Sections 27-65-19(3), 27-65-21 and 27-65-24, on business 104
activities within the corporate limits of the City of Jackson, 105
Mississippi, shall be deposited into the Capitol Complex 106
Improvement District Project Fund created in Section 29-5-215. On 107
or before August 15, 2019, and each succeeding month thereafter 108
until August 14, 2020, four percent (4%) of the total sales tax 109
revenue collected during the preceding month under the provisions 110
of this chapter, except that collected under * * * Sections 111
27-65-19(3), 27-65-21 and 27-65-24, on business activities within 112
the corporate limits of the City of Jackson, Mississippi, shall be 113
deposited into the Capitol Complex Improvement District Project 114
Fund created in Section 29-5-215. On or before August 15, 2020, 115
and each succeeding month thereafter through July 15, 2023, six 116
percent (6%) of the total sales tax revenue collected during the 117
preceding month under the provisions of this chapter, except that 118
collected under * * * Sections 27-65-19(3), 27-65-21 and 27-65-24, 119
on business activities within the corporate limits of the City of 120
Jackson, Mississippi, shall be deposited into the Capitol Complex 121
Improvement District Project Fund created in Section 29-5-215. On 122
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or before August 15, 2023, and each succeeding month thereafter 123
through August 15, 2025, nine percent (9%) of the total sales tax 124
revenue collected during the preceding month under the provisions 125
of this chapter, except that collected under * * * Sections 126
27-65-19(3), 27-65-21 and 27-65-24, on business activities within 127
the corporate limits of the City of Jackson, Mississippi, shall be 128
deposited into the Capitol Complex Improvement District Project 129
Fund created in Section 29-5-215. On or before September 15, 130
2025, and each succeeding month thereafter, nine percent (9%) of 131
the total sales tax revenue collected during the preceding month 132
under this chapter, except that collected under Sections * * * 133
27-65-17(1)(n), 27-65-19(3), 27-65-21 and 27-65-24, on business 134
activities within the corporate limits of the City of Jackson, 135
Mississippi, shall be deposited into the Capitol Complex 136
Improvement District Project Fund created in Section 27-5-215. On 137
or before September 15, 2025, and each succeeding month 138
thereafter, twelve and six-tenths percent (12.6%) of the total 139
sales tax revenue collected during the preceding month under 140
Section 27-65-17(1)(n) on business activities within the corporate 141
limits of the City of Jackson, Mississippi, shall be deposited 142
into the Capitol Complex Improvement District Project Fund created 143
in Section 27-5-215. 144
(d) (i) Except as otherwise provided in this paragraph 145
(d), on or before the fifteenth day of the month that the 146
diversion authorized by this section begins, and each succeeding 147
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month thereafter, eighteen and one-half percent (18-1/2%) of the 148
total sales tax revenue collected during the preceding month under 149
the provisions of this chapter, except that collected under * * * 150
Sections 27-65-19(3) and 27-65-21, on business activities within a 151
redevelopment project area developed under a redevelopment plan 152
adopted under the Tax Increment Financing Act (Section 21-45-1 et 153
seq.) shall be allocated for distribution to the county in which 154
the project area is located if: 155
1. The county: 156
a. Borders on the Mississippi Sound and 157
the State of Alabama, or 158
b. Is Harrison County, Mississippi, and 159
the project area is within a radius of two (2) miles from the 160
intersection of Interstate 10 and Menge Avenue; 161
2. The county has issued bonds under Section 162
21-45-9 to finance all or a portion of a redevelopment project in 163
the redevelopment project area; 164
3. Any debt service for the indebtedness 165
incurred is outstanding; and 166
4. A development with a value of Ten Million 167
Dollars ($10,000,000.00) or more is, or will be, located in the 168
redevelopment area. 169
(ii) For a county that is eligible to receive 170
funds under this paragraph (d), as determined by the department 171
under this paragraph (d), from and after September 15, 2025, and 172
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each succeeding month thereafter, eighteen and one-half percent 173
(18.5%) of the total sales tax revenue collected during the 174
preceding month under this chapter, except that collected under 175
Sections * * * 27-65-17(1)(n), 27-65-19(3) and 27-65-21, on 176
business activities within a redevelopment project area developed 177
under a redevelopment plan adopted under the Tax Increment 178
Financing Act (Section 21-45-1 et seq.) shall be allocated for 179
distribution to the county in which the project is located, and 180
twenty-five and nine-tenths percent (25.9%) of the total sales tax 181
revenue collected during the preceding month under Section 182
27-65-17(1)(n) shall be allocated for distribution to that county. 183
(iii) Before any sales tax revenue may be 184
allocated for distribution to a county under this paragraph (d), 185
the county shall certify to the department * * * that the 186
requirements of this paragraph (d) have been met, the amount of 187
bonded indebtedness that has been incurred by the county for the 188
redevelopment project and the expected date the indebtedness 189
incurred by the county will be satisfied. 190
(iv) The diversion of sales tax revenue authorized 191
by this paragraph (d) shall begin the month following the month in 192
which the department * * * determines that the requirements of 193
this paragraph (d) have been met. The diversion shall end the 194
month the indebtedness incurred by the county is satisfied. All 195
revenue received by the county under this paragraph (d) shall be 196
deposited in the fund required to be created in the tax increment 197
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financing plan under Section 21-45-11 and be utilized solely to 198
satisfy the indebtedness incurred by the county. 199
(2) On or before September 15, 1987, and each succeeding 200
month thereafter, from the revenue collected under this chapter 201
during the preceding month, One Million One Hundred Twenty-five 202
Thousand Dollars ($1,125,000.00) shall be allocated for 203
distribution to municipal corporations as defined under subsection 204
(1) of this section in the proportion that the number of gallons 205
of gasoline and diesel fuel sold by distributors to consumers and 206
retailers in each such municipality during the preceding fiscal 207
year bears to the total gallons of gasoline and diesel fuel sold 208
by distributors to consumers and retailers in municipalities 209
statewide during the preceding fiscal year. The department * * * 210
shall require all distributors of gasoline and diesel fuel to 211
report to the department monthly the total number of gallons of 212
gasoline and diesel fuel sold by them to consumers and retailers 213
in each municipality during the preceding month. The 214
department * * * shall have the authority to promulgate such rules 215
and regulations as is necessary to determine the number of gallons 216
of gasoline and diesel fuel sold by distributors to consumers and 217
retailers in each municipality. In determining the percentage 218
allocation of funds under this subsection for the fiscal year 219
beginning July 1, 1987, and ending June 30, 1988, the 220
department * * * may consider gallons of gasoline and diesel fuel 221
sold for a period of less than one (1) fiscal year. For the 222
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purposes of this subsection, the term "fiscal year" means the 223
fiscal year beginning July 1 of a year. 224
(3) On or before September 15, 1987, and on or before the 225
fifteenth day of each succeeding month, until the date specified 226
in Section 65-39-35, the proceeds derived from contractors' taxes 227
levied under Section 27-65-21 on contracts for the construction or 228
reconstruction of highways designated under the highway program 229
created under Section 65-3-97 shall, except as otherwise provided 230
in Section 31-17-127, be deposited into the State Treasury to the 231
credit of the State Highway Fund to be used to fund that highway 232
program. The Mississippi Department of Transportation shall 233
provide to the department * * * such information as is necessary 234
to determine the amount of proceeds to be distributed under this 235
subsection. 236
(4) On or before August 15, 1994, and on or before the 237
fifteenth day of each succeeding month through July 15, 1999, from 238
the proceeds of gasoline, diesel fuel or kerosene taxes as 239
provided in Section 27-5-101(a)(ii)1, Four Million Dollars 240
($4,000,000.00) shall be deposited in the State Treasury to the 241
credit of a special fund designated as the "State Aid Road Fund," 242
created by Section 65-9-17. On or before August 15, 1999, and on 243
or before the fifteenth day of each succeeding month through 244
August 15, 2026, from the total amount of the proceeds of 245
gasoline, diesel fuel or kerosene taxes apportioned by Section 246
27-5-101(a)(ii)1, Four Million Dollars ($4,000,000.00) or an 247
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amount equal to twenty-three and one-fourth percent (23-1/4%) of 248
those funds, whichever is the greater amount, shall be deposited 249
in the State Treasury to the credit of the "State Aid Road Fund," 250
created by Section 65-9-17. After August 15, 2025, from the total 251
amount of the proceeds of gasoline, diesel fuel or kerosene taxes 252
apportioned by Section 27-5-101(a)(ii)1 and (iii), Five Million 253
Dollars ($5,000,000.00) or an amount equal to twenty-three and 254
one-fourth percent (23-1/4%) of those funds, whichever is greater, 255
shall be deposited in the State Treasury to the credit of the 256
"State Aid Road Fund" on or before September 15, 2025, and on or 257
before the fifteenth day of each succeeding month through August 258
15, 2026, and Six Million Five Hundred Thousand Dollars 259
($6,500,000.00) or an amount equal to twenty-three and one-fourth 260
percent (23-1/4%) of those funds, whichever is greater, shall be 261
deposited in the State Treasury to the credit of the "State Aid 262
Road Fund" on or before September 15, 2026, and on or before the 263
fifteenth day of each succeeding month through August 15, 2027, 264
and Eight Million Dollars ($8,000,000.00) or an amount equal to 265
twenty-three and one-fourth percent (23-1/4%) of those funds, 266
whichever is greater, shall be deposited in the State Treasury to 267
the credit of the "State Aid Road Fund" on or before September 15, 268
2027, and on or before the fifteenth day of each succeeding month. 269
From the amount of taxes paid into the special fund under this 270
subsection and subsection (9) of this section, there shall be 271
first deducted and paid the amount necessary to pay the expenses 272
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of the Office of State Aid Road Construction, as authorized by the 273
Legislature for all other general and special fund agencies. The 274
remainder of the funds shall be allocated monthly to the several 275
counties in accordance with the following formula: 276
(a) One-third (1/3) shall be allocated to all counties 277
in equal shares; 278
(b) One-third (1/3) shall be allocated to counties 279
based on the proportion that the total number of rural road miles 280
in a county bears to the total number of rural road miles in all 281
counties of the state; and 282
(c) One-third (1/3) shall be allocated to counties 283
based on the proportion that the rural population of the county 284
bears to the total rural population in all counties of the state, 285
according to the latest federal decennial census. 286
For the purposes of this subsection, the term "gasoline, 287
diesel fuel or kerosene taxes" means such taxes as defined in 288
paragraph (f) of Section 27-5-101. 289
The amount of funds allocated to any county under this 290
subsection for any fiscal year after fiscal year 1994 shall not be 291
less than the amount allocated to the county for fiscal year 1994. 292
Any reference in the general laws of this state or the 293
Mississippi Code of 1972 to Section 27-5-105 shall mean and be 294
construed to refer and apply to subsection (4) of Section 295
27-65-75. 296
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(5) On or before August 15, 2024, and each succeeding month 297
thereafter, One Million Six Hundred Sixty-six Thousand Six Hundred 298
Sixty-six Dollars ($1,666,666.00) shall be paid into the special 299
fund known as the Education Enhancement Fund created and existing 300
under the provisions of Section 37-61-33. 301
(6) An amount each month beginning August 15, 1983, through 302
November 15, 1986, as specified in Section 6, Chapter 542, Laws of 303
1983, shall be paid into the special fund known as the 304
Correctional Facilities Construction Fund created in Section 6, 305
Chapter 542, Laws of 1983. 306
(7) On or before August 15, 1992, and each succeeding month 307
thereafter through July 15, 2000, two and two hundred sixty-six 308
one-thousandths percent (2.266%) of the total sales tax revenue 309
collected during the preceding month under the provisions of this 310
chapter, except that collected under the provisions of Section 311
27-65-17(2), shall be deposited by the department into the School 312
Ad Valorem Tax Reduction Fund created under Section 37-61-35. On 313
or before August 15, 2000, and each succeeding month thereafter 314
through August 15, 2025, two and two hundred sixty-six 315
one-thousandths percent (2.266%) of the total sales tax revenue 316
collected during the preceding month under the provisions of this 317
chapter, except that collected under the provisions of Section 318
27-65-17(2), shall be deposited into the School Ad Valorem Tax 319
Reduction Fund created under Section 37-61-35 until such time that 320
the total amount deposited into the fund during a fiscal year 321
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equals Forty-two Million Dollars ($42,000,000.00). Thereafter, 322
the amounts diverted under this subsection (7) during the fiscal 323
year in excess of Forty-two Million Dollars ($42,000,000.00) shall 324
be deposited into the Education Enhancement Fund created under 325
Section 37-61-33 for appropriation by the Legislature as other 326
education needs and shall not be subject to the percentage 327
appropriation requirements set forth in Section 37-61-33. On or 328
before September 15, 2025, and each succeeding month thereafter, 329
two and two hundred sixty-six one-thousandths percent (2.266%) of 330
the total sales tax revenue collected during the preceding month 331
under this chapter, except that collected under Section 332
27-65-17(1)(n) and (2), and three and seventeen one-hundredths 333
percent (3.17%) of the total sales tax revenue collected during 334
the preceding month under Section 27-65-17(1)(n), shall be 335
deposited into the School Ad Valorem Tax Reduction Fund created 336
under Section 37-61-35 until such time that the total amount 337
deposited into the fund during a fiscal year equals Forty-two 338
Million Dollars ($42,000,000.00). Thereafter, the amounts 339
diverted under this subsection (7) during the fiscal year in 340
excess of Forty-two Million Dollars ($42,000,000.00) shall be 341
deposited into the Education Enhancement Fund created under 342
Section 37-61-33 for appropriation by the Legislature as other 343
education needs and shall not be subject to the percentage 344
appropriation requirements set forth in Section 37-61-33. 345
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(8) On or before August 15, 1992, and each succeeding month 346
thereafter through August 15, 2025, nine and seventy-three 347
one-thousandths percent (9.073%) of the total sales tax revenue 348
collected during the preceding month under the provisions of this 349
chapter, except that collected under the provisions of Section 350
27-65-17(2), shall be deposited into the Education Enhancement 351
Fund created under Section 37-61-33. On or before September 15, 352
2025, and each succeeding month thereafter, nine and seventy-three 353
one-thousandths percent (9.073%) of the total sales tax revenue 354
collected during the preceding month under this chapter, except 355
that collected under Section 27-65-17(1)(n) and (2), and twelve 356
and seven-tenths percent (12.7%) of the total sales tax revenue 357
collected during the preceding month under Section 27-65-17(1)(n), 358
shall be deposited into the Education Enhancement Fund created 359
under Section 37-61-33. 360
(9) On or before August 15, 1994, and each succeeding month 361
thereafter, from the revenue collected under this chapter during 362
the preceding month, Two Hundred Fifty Thousand Dollars 363
($250,000.00) shall be paid into the State Aid Road Fund. 364
(10) On or before August 15, 1994, and each succeeding month 365
thereafter through August 15, 1995, from the revenue collected 366
under this chapter during the preceding month, Two Million Dollars 367
($2,000,000.00) shall be deposited into the Motor Vehicle Ad 368
Valorem Tax Reduction Fund established in Section 27-51-105. 369
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(11) Notwithstanding any other provision of this section to 370
the contrary, on or before February 15, 1995, and each succeeding 371
month thereafter, the sales tax revenue collected during the 372
preceding month under the provisions of Section 27-65-17(2) and 373
the corresponding levy in Section 27-65-23 on the rental or lease 374
of private carriers of passengers and light carriers of property 375
as defined in Section 27-51-101 shall be deposited, without 376
diversion, into the Motor Vehicle Ad Valorem Tax Reduction Fund 377
established in Section 27-51-105. 378
(12) Notwithstanding any other provision of this section to 379
the contrary, on or before August 15, 1995, and each succeeding 380
month thereafter, the sales tax revenue collected during the 381
preceding month under the provisions of Section 27-65-17(1) on 382
retail sales of private carriers of passengers and light carriers 383
of property, as defined in Section 27-51-101 and the corresponding 384
levy in Section 27-65-23 on the rental or lease of these vehicles, 385
shall be deposited, after diversion, into the Motor Vehicle Ad 386
Valorem Tax Reduction Fund established in Section 27-51-105. 387
(13) On or before July 15, 1994, and on or before the 388
fifteenth day of each succeeding month thereafter, that portion of 389
the avails of the tax imposed in Section 27-65-22 that is derived 390
from activities held on the Mississippi State Fairgrounds Complex 391
shall be paid into a special fund that is created in the State 392
Treasury and shall be expended upon legislative appropriation 393
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solely to defray the costs of repairs and renovation at the Trade 394
Mart and Coliseum. 395
(14) On or before August 15, 1998, and each succeeding month 396
thereafter through July 15, 2005, that portion of the avails of 397
the tax imposed in Section 27-65-23 that is derived from sales by 398
cotton compresses or cotton warehouses and that would otherwise be 399
paid into the General Fund shall be deposited in an amount not to 400
exceed Two Million Dollars ($2,000,000.00) into the special fund 401
created under Section 69-37-39. On or before August 15, 2007, and 402
each succeeding month thereafter through July 15, 2010, that 403
portion of the avails of the tax imposed in Section 27-65-23 that 404
is derived from sales by cotton compresses or cotton warehouses 405
and that would otherwise be paid into the General Fund shall be 406
deposited in an amount not to exceed Two Million Dollars 407
($2,000,000.00) into the special fund created under Section 408
69-37-39 until all debts or other obligations incurred by the 409
Certified Cotton Growers Organization under the Mississippi Boll 410
Weevil Management Act before January 1, 2007, are satisfied in 411
full. On or before August 15, 2010, and each succeeding month 412
thereafter through July 15, 2011, fifty percent (50%) of that 413
portion of the avails of the tax imposed in Section 27-65-23 that 414
is derived from sales by cotton compresses or cotton warehouses 415
and that would otherwise be paid into the General Fund shall be 416
deposited into the special fund created under Section 69-37-39 417
until such time that the total amount deposited into the fund 418
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during a fiscal year equals One Million Dollars ($1,000,000.00). 419
On or before August 15, 2011, and each succeeding month 420
thereafter, that portion of the avails of the tax imposed in 421
Section 27-65-23 that is derived from sales by cotton compresses 422
or cotton warehouses and that would otherwise be paid into the 423
General Fund shall be deposited into the special fund created 424
under Section 69-37-39 until such time that the total amount 425
deposited into the fund during a fiscal year equals One Million 426
Dollars ($1,000,000.00). 427
(15) Notwithstanding any other provision of this section to 428
the contrary, on or before September 15, 2000, and each succeeding 429
month thereafter, the sales tax revenue collected during the 430
preceding month under the provisions of Section 431
27-65-19(1)(d)(i)2, and 27-65-19(1)(d)(i)3 shall be deposited, 432
without diversion, into the Telecommunications Ad Valorem Tax 433
Reduction Fund established in Section 27-38-7. 434
(16) (a) On or before August 15, 2000, and each succeeding 435
month thereafter, the sales tax revenue collected during the 436
preceding month under the provisions of this chapter on the gross 437
proceeds of sales of a project as defined in Section 57-30-1 shall 438
be deposited, after all diversions except the diversion provided 439
for in subsection (1) of this section, into the Sales Tax 440
Incentive Fund created in Section 57-30-3. 441
(b) On or before August 15, 2007, and each succeeding 442
month thereafter, eighty percent (80%) of the sales tax revenue 443
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collected during the preceding month under the provisions of this 444
chapter from the operation of a tourism project under the 445
provisions of Sections 57-26-1 through 57-26-5, shall be 446
deposited, after the diversions required in subsections (7) and 447
(8) of this section, into the Tourism Project Sales Tax Incentive 448
Fund created in Section 57-26-3. 449
(17) Notwithstanding any other provision of this section to 450
the contrary, on or before April 15, 2002, and each succeeding 451
month thereafter, the sales tax revenue collected during the 452
preceding month under Section 27-65-23 on sales of parking 453
services of parking garages and lots at airports shall be 454
deposited, without diversion, into the special fund created under 455
Section 27-5-101(d). 456
(18) [Repealed] 457
(19) (a) On or before August 15, 2005, and each succeeding 458
month thereafter, the sales tax revenue collected during the 459
preceding month under the provisions of this chapter on the gross 460
proceeds of sales of a business enterprise located within a 461
redevelopment project area under the provisions of Sections 462
57-91-1 through 57-91-11, and the revenue collected on the gross 463
proceeds of sales from sales made to a business enterprise located 464
in a redevelopment project area under the provisions of Sections 465
57-91-1 through 57-91-11 (provided that such sales made to a 466
business enterprise are made on the premises of the business 467
enterprise), shall, except as otherwise provided in this 468
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subsection (19), be deposited, after all diversions, into the 469
Redevelopment Project Incentive Fund as created in Section 470
57-91-9. 471
(b) For a municipality participating in the Economic 472
Redevelopment Act created in Sections 57-91-1 through 57-91-11, 473
the diversion provided for in subsection (1) of this section 474
attributable to the gross proceeds of sales of a business 475
enterprise located within a redevelopment project area under the 476
provisions of Sections 57-91-1 through 57-91-11, and attributable 477
to the gross proceeds of sales from sales made to a business 478
enterprise located in a redevelopment project area under the 479
provisions of Sections 57-91-1 through 57-91-11 (provided that 480
such sales made to a business enterprise are made on the premises 481
of the business enterprise), shall be deposited into the 482
Redevelopment Project Incentive Fund as created in Section 483
57-91-9, as follows: 484
(i) For the first six (6) years in which payments 485
are made to a developer from the Redevelopment Project Incentive 486
Fund, one hundred percent (100%) of the diversion shall be 487
deposited into the fund; 488
(ii) For the seventh year in which such payments 489
are made to a developer from the Redevelopment Project Incentive 490
Fund, eighty percent (80%) of the diversion shall be deposited 491
into the fund; 492
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(iii) For the eighth year in which such payments 493
are made to a developer from the Redevelopment Project Incentive 494
Fund, seventy percent (70%) of the diversion shall be deposited 495
into the fund; 496
(iv) For the ninth year in which such payments are 497
made to a developer from the Redevelopment Project Incentive Fund, 498
sixty percent (60%) of the diversion shall be deposited into the 499
fund; and 500
(v) For the tenth year in which such payments are 501
made to a developer from the Redevelopment Project Incentive Fund, 502
fifty percent (50%) of the funds shall be deposited into the fund. 503
(20) On or before January 15, 2007, and each succeeding 504
month thereafter, eighty percent (80%) of the sales tax revenue 505
collected during the preceding month under the provisions of this 506
chapter from the operation of a tourism project under the 507
provisions of Sections 57-28-1 through 57-28-5 shall be deposited, 508
after the diversions required in subsections (7) and (8) of this 509
section, into the Tourism Sales Tax Incentive Fund created in 510
Section 57-28-3. 511
(21) (a) On or before April 15, 2007, and each succeeding 512
month thereafter through June 15, 2013, One Hundred Fifty Thousand 513
Dollars ($150,000.00) of the sales tax revenue collected during 514
the preceding month under the provisions of this chapter shall be 515
deposited into the MMEIA Tax Incentive Fund created in Section 516
57-101-3. 517
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(b) On or before July 15, 2013, and each succeeding 518
month thereafter, One Hundred Fifty Thousand Dollars ($150,000.00) 519
of the sales tax revenue collected during the preceding month 520
under the provisions of this chapter shall be deposited into the 521
Mississippi Development Authority Job Training Grant Fund created 522
in Section 57-1-451. 523
(22) On or before June 1, 2024, and each succeeding month 524
thereafter until December 31, 2057, an amount determined annually 525
by the Mississippi Development Authority of the sales tax revenue 526
collected during the preceding month under the provisions of this 527
chapter shall be deposited into the MMEIA Tax Incentive Fund 528
created in Section 57-125-3. This amount shall be based on 529
estimated payments due within the upcoming year to construction 530
contractors pursuant to construction contracts subject to the tax 531
imposed by Section 27-65-21 for construction to be performed on 532
the project site of a project defined under Section 533
57-75-5(f)(xxxiii) for the coming year. 534
(23) Notwithstanding any other provision of this section to 535
the contrary, on or before August 15, 2009, and each succeeding 536
month thereafter, the sales tax revenue collected during the 537
preceding month under the provisions of Section 27-65-201 shall be 538
deposited, without diversion, into the Motor Vehicle Ad Valorem 539
Tax Reduction Fund established in Section 27-51-105. 540
(24) (a) On or before August 15, 2019, and each month 541
thereafter through July 15, 2020, one percent (1%) of the total 542
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sales tax revenue collected during the preceding month from 543
restaurants and hotels shall be allocated for distribution to the 544
Mississippi Development Authority Tourism Advertising Fund 545
established under Section 57-1-64, to be used exclusively for the 546
purpose stated therein. On or before August 15, 2020, and each 547
month thereafter through July 15, 2021, two percent (2%) of the 548
total sales tax revenue collected during the preceding month from 549
restaurants and hotels shall be allocated for distribution to the 550
Mississippi Development Authority Tourism Advertising Fund 551
established under Section 57-1-64, to be used exclusively for the 552
purpose stated therein. On or before August 15, 2021, and each 553
month thereafter, three percent (3%) of the total sales tax 554
revenue collected during the preceding month from restaurants and 555
hotels shall be allocated for distribution to the Mississippi 556
Development Authority Tourism Advertising Fund established under 557
Section 57-1-64, to be used exclusively for the purpose stated 558
therein. The revenue diverted pursuant to this subsection shall 559
not be available for expenditure until February 1, 2020. 560
(b) The Joint Legislative Committee on Performance 561
Evaluation and Expenditure Review (PEER) must provide an annual 562
report to the Legislature indicating the amount of funds deposited 563
into the Mississippi Development Authority Tourism Advertising 564
Fund established under Section 57-1-64, and a detailed record of 565
how the funds are spent. 566
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(25) On or before August 15, 2026, and each succeeding month 567
thereafter, two percent (2%) of the total sales tax revenue 568
collected during the preceding month under this chapter, except 569
that collected under Sections 27-65-19(3), 27-65-21 and 27-65-24, 570
on activities at the Mississippi Coast Coliseum and Convention 571
Center shall be deposited into the Mississippi Coast Coliseum and 572
Convention Trust Fund created in Section 55-24-17 and shall be 573
expended upon legislative appropriation solely to defray the costs 574
of capital improvements or major repairs to the Mississippi Coast 575
Coliseum and Convention Center. 576
(26) On or before August 15, 2025, and each succeeding month 577
thereafter, two percent (2%) of the total sales tax revenue 578
collected during the preceding month under this chapter, except 579
that collected under Sections 27-65-19(3), 27-65-21 and 27-65-24, 580
on activities at the Mississippi State Fairgrounds shall be 581
deposited into the special fund referenced in Section 69-5-3(8) 582
and shall be expended upon legislative appropriation solely to 583
defray the costs of capital improvements or major repairs to the 584
State Fairgrounds. 585
( * * *27) The remainder of the amounts collected under the 586
provisions of this chapter shall be paid into the State Treasury 587
to the credit of the General Fund. 588
( * * *28) (a) It shall be the duty of the municipal 589
officials of any municipality that expands its limits, or of any 590
community that incorporates as a municipality, to notify the 591
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commissioner of that action thirty (30) days before the effective 592
date. Failure to so notify the commissioner shall cause the 593
municipality to forfeit the revenue that it would have been 594
entitled to receive during this period of time when the 595
commissioner had no knowledge of the action. 596
(b) (i) Except as otherwise provided in subparagraph 597
(ii) of this paragraph, if any funds have been erroneously 598
disbursed to any municipality or any overpayment of tax is 599
recovered by the taxpayer, the commissioner may make correction 600
and adjust the error or overpayment with the municipality by 601
withholding the necessary funds from any later payment to be made 602
to the municipality. 603
(ii) Subject to the provisions of Sections 604
27-65-51 and 27-65-53, if any funds have been erroneously 605
disbursed to a municipality under subsection (1) of this section 606
for a period of three (3) years or more, the maximum amount that 607
may be recovered or withheld from the municipality is the total 608
amount of funds erroneously disbursed for a period of three (3) 609
years beginning with the date of the first erroneous disbursement. 610
However, if during such period, a municipality provides written 611
notice to the department * * * indicating the erroneous 612
disbursement of funds, then the maximum amount that may be 613
recovered or withheld from the municipality is the total amount of 614
funds erroneously disbursed for a period of one (1) year beginning 615
with the date of the first erroneous disbursement. 616
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ST: Sales tax revenue; divert 2% from
activities at Coast Coliseum and State
Fairgrounds for repairs to those entities.
SECTION 2. This act shall take effect and be in force from 617
and after July 1, 2026. 618