1998 Regular Session
To: Local and Private Legislation; Ways and Means
By: Representatives Henderson (9th), Miller
House Bill 1716
AN ACT TO AMEND CHAPTER 866, LOCAL AND PRIVATE LAWS OF 1992, AS LAST AMENDED, BY CHAPTER 919, LOCAL AND PRIVATE LAWS OF 1997, TO REVISE THE DISTRIBUTION OF LOCAL GAMING REVENUE IN TUNICA COUNTY, MISSISSIPPI; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Chapter 866, Local and Private Laws of 1992, as amended by Chapter 952, Local and Private Laws of 1993, as amended by Chapter 945, Local and Private Laws of 1994, as amended by Chapter 942, Local and Private Laws of 1995, as amended by Chapter 919, Local and Private Laws of 1997, is amended as follows:
Section 1. The Board of Supervisors of Tunica County, Mississippi, is authorized to impose a fee in an amount not to exceed three and two-tenths percent (3.2%) of the gross gaming revenue of a gaming vessel per calendar month, on any vessel docked on Buck Lake, Mhoon Landing or on any other navigable waters that have been zoned for gaming by the Tunica County Board of Supervisors as defined in Section 27-109-1, Mississippi Code of 1972, which is located in or which is contiguous to Tunica County.
If the amount of fees required to be reported and paid pursuant to this section is later determined to be greater or less than the amount actually reported and paid by the vessel, the Chairman of the State Tax Commission shall:
(a) Assess and collect the additional fees determined to be due, with interest thereon until paid; or
(b) Advise the governing authority to refund any overpayment, with interest thereon, to the vessel. Interest must be computed, until paid, at the rate of one percent (1%) per month from the first day of the first month following either the due date of the additional fee or the date of overpayment.
The State Tax Commission shall calculate, collect and enforce the collection of the fee as provided for the calculation, collection and enforcement of the license fee under Section 75-76-177, Mississippi Code of 1972. Not less than thirty (30) days before the effective date of the fee, the board of supervisors shall furnish the State Tax Commission a certified copy of the resolution enacting the fee and establishing the effective date, which shall be the first day of any month. The proceeds of such tax shall be paid to Tunica County on or before the tenth day of the month following the month in which collected. Such monies shall be deposited into the county treasury. Such monies shall be expended by the county as follows: forty percent (40%) shall be deposited in the county general road fund and may be expended for any of the purposes for which monies in the general road fund of the county may be expended; forty percent (40%) shall be deposited into a special fund and the Board of Supervisors of Tunica county is hereby authorized to expend said monies for the construction, support, operation or maintenance for any of the following public work projects: roads and bridges, public or nonprofit water and sewer systems, public or nonprofit airports, public or nonprofit convention centers, storm water drainage and flood prevention, public recreation uses, public buildings, public education facilities, medical facilities and public transportation systems; provided, however, no funds shall be spent on projects related to the sale or distribution of gas or electricity; twelve percent (12%) shall be expended for educational purposes in Tunica County; and eight percent (8%) shall be paid to the Town of Tunica for deposit into the general fund of the municipality * * *.
The board of supervisors may decrease the fee or increase the fee up to an amount equal to, but not exceeding, three and two-tenths percent (3.2%) of the gross revenue of the vessels annually. The State Tax Commission shall be notified not less than thirty (30) days before the effective date of the change.
SECTION 2. This act shall take effect and be in force from and after October 1, 1998.