MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Local and Private Legislation; Ways and Means

By: Representatives McBride, Morris

AN ACT TO AMEND CHAPTER 824, LOCAL AND PRIVATE LAWS OF 1992, TO AUTHORIZE THE GOVERNING AUTHORITIES OF THE CITY OF BATESVILLE, MISSISSIPPI, TO INCREASE THE TOURISM AND INDUSTRY PROMOTION TAX LEVIED UPON THE GROSS PROCEEDS DERIVED FROM HOTEL AND MOTEL ROOM RENTALS AND RESTAURANT SALES IN THE CITY; TO PROVIDE FOR A PETITION ELECTION ON THE QUESTION OF WHETHER OR NOT SUCH TAX MAY BE INCREASED; TO ABOLISH THE CITY OF BATESVILLE AND SOUTH PANOLA AREA CHAMBER OF COMMERCE TOURISM AND INDUSTRIAL DEVELOPMENT COMMITTEE; TO PROVIDE THE CITY OF BATESVILLE WITH AUTHORITY OVER MATTERS RELATING TO THE ESTABLISHMENT, PROMOTION AND DEVELOPMENT OF TOURISM, ECONOMIC DEVELOPMENT AND INDUSTRY WITHIN THE CITY AND SURROUNDING AREA; TO PROVIDE THAT THIS ACT SHALL BE REPEALED FROM AND AFTER JULY 1, 2017; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Chapter 824, Local and Private Laws of 1992, is amended as follows:

Section 1. As used in this act, the following terms shall have the following meanings unless a different meaning is clearly indicated by the context in which they are used:

(a) "City" means the City of Batesville, Mississippi.

(b) "Governing authorities" means the governing authorities of the City of Batesville, Mississippi.

(c) "Hotel" and "motel" shall mean a place of lodging with more than six (6) rental units that at any one (1) time will accommodate transient guests on a daily or weekly basis and that is known to the trade as such.

(d) "Restaurant" means and includes all places where prepared food is served for consumption, at which location the primary source of income (fifty percent (50%) or greater) is the sale of prepared food for consumption. This includes places that serve such food inside, at drive-in facilities or at drive-up windows.

(e) "Committee" shall mean the City of Batesville, Mississippi, and South Panola Area Chamber of Commerce Tourism and Industrial Development Committee created by this act.

Section 2. There is hereby created the City of Batesville, Mississippi, and South Panola Area Chamber of Commerce Tourism and Industrial Development Committee to be composed of five (5) members to be constituted and appointed as provided in Section 3 of this act. From and after the effective date of House Bill No. 1837, 1997 Regular Session, the City of Batesville, Mississippi, and South Panola Area Chamber of Commerce Tourism and Industrial Development Committee shall be abolished.

Section 3. The city may take such action as it deems necessary relating to the establishment, promotion and development of tourism, economic development and industry and related matters within the city * * * and the surrounding area. The city is authorized to contract for the furnishings, equipment and operation of any and all facilities necessary or useful in the promotion of tourism and industrial development and to receive and expend, subject to the provisions of this act, revenues from any source.

Section 4. For the purpose of providing funds for the promotion of tourism, economic development and industry in the city * * * and the surrounding area, the governing authorities  * * * are authorized to, in their discretion, levy and collect from the persons hereinafter specified a tax, which shall be in addition to all of the taxes and assessments now imposed, and the tax shall be imposed on any one (1) person, one or more persons or all persons listed below, as hereinafter provided, to wit:

(a) A tax upon every person, firm or corporation operating a motel or hotel in the city * * * at a rate not to exceed one percent (1%) of the gross proceeds of room rentals for each such hotel or motel. Such tax shall be in addition to all other taxes and assessments now or hereafter imposed. From and after the effective date of House Bill No. 1837, 1997 Regular Session, such tax may be increased to a rate not to exceed three percent (3%) of the gross proceeds of such hotel or motel room rentals.

(b) A tax upon every person, firm, or corporation operating a restaurant in the city * * * at a rate not to exceed one percent (1%) of the gross proceeds of the sales of such restaurant. Such tax shall be in addition to all other taxes and assessments now or hereafter imposed. From and after the effective date of House Bill No. 1837, 1997 Regular Session, such tax may be increased to a rate not to exceed three percent (3%) of the gross proceeds of such restaurant sales.

(c) Persons, firms or corporations liable for the levy imposed herein shall add the amount of the levy to the sales price of the rooms and products set out above and shall collect, insofar as is practicable, the amount of the tax due by them from the person receiving the services or product at the time of payment therefor.

(d) Such tax shall be collected by and paid to the Mississippi State Tax Commission on a form prescribed by the State Tax Commission in the manner that state sales taxes are computed, collected and paid; and the full enforcement provisions and all other provisions of Chapter 65, Title 27, Mississippi Code of 1972, shall apply as necessary to the implementation and administration of this act.

(e) The proceeds of such tax, less three percent (3%) thereof which shall be retained by the State Tax Commission to defray the cost of collection, shall be paid to the governing authorities * * * on or before the fifteenth day of the month following the month in which collected.

(f) The proceeds of such tax shall not be considered by the city * * * as general fund revenues but shall be dedicated to and used by the governing authorities solely for the purpose of carrying out programs and activities designed to attract visitors, tourists and industry in order to promote and enhance the tourism, industry and economic development of the city and the surrounding area.

Section 5. Before the tax authorized by this act shall be imposed or before the tax rate in effect on the effective date of House Bill No. 1837, 1997 Regular Session, may be increased, the governing authorities shall adopt a resolution declaring their intention to levy the tax or tax increase, as appropriate, setting forth the amount of such tax or tax increase, as appropriate, and establishing the date on which this tax or tax increase, as appropriate, initially shall be levied and collected. Notice of the tax or tax increase, as appropriate, shall be published once each week for at least three (3) consecutive weeks in a newspaper having a general circulation in the city, * * * the first publication of which shall be made not less than twenty-one (21) days prior to the date on which the tax or tax increase, as appropriate, initially shall be levied and collected. If, within the time of giving notice, twenty percent (20%) or fifteen hundred (1500), whichever is less, of the qualified electors of the city * * * shall file a written petition against the levy of such tax or tax increase, as appropriate, then such tax or tax increase, as appropriate, shall not be levied unless authorized by a majority of the qualified electors of the city * * * voting at an election to be called and held for that purpose. At least thirty (30) days prior to the effective date of the tax or tax increase, as appropriate, as herein provided, the governing authorities shall furnish to the State Tax Commission a certified copy of the resolution evidencing such tax or tax increase, as appropriate.

If the tax increase authorized in House Bill No. 1837, 1997 Regular Session, is rejected by the qualified electors of the city pursuant to an election held under the provisions of this section, the currently existing tourism tax, as authorized under Chapter 824, Local and Private Laws of 1992, shall continue in full force and effect.

Section 6. Accounting for receipts and expenditures of the funds herein described shall be made separately from the accounting of receipts and expenditures of the general fund and any other funds of the city * * *. The records reflecting the receipts and expenditures of the funds prescribed herein shall be audited annually by an independent certified public accountant, and the accountant shall make a written report of his audit to the governing authorities * * *. Such audit shall be made and completed as soon as practicable after the close of the city's fiscal year, and expenses of such audit shall be paid from the funds derived pursuant to provisions of this act.

SECTION 2. This act shall stand repealed from and after July 1, 2017.

SECTION 3. The governing authorities of the City of Batesville, Mississippi, shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 4. If this act is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended, this act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.