2004 Regular Session
To: Ways and Means
By: Representative Watson, Reynolds
AN ACT TO REENACT SECTIONS 57-30-1 AND 57-30-3, MISSISSIPPI CODE OF 1972, WHICH CREATE THE SALES TAX INCENTIVE FUND AND AUTHORIZE THE MISSISSIPPI DEVELOPMENT AUTHORITY TO MAKE INCENTIVE PAYMENTS FROM SUCH FUND TO PERSONS, CORPORATIONS OR OTHER ENTITIES THAT LOCATE CERTAIN FAMILY-ORIENTED ENTERTAINMENT ENTERPRISES IN THIS STATE; TO AMEND REENACTED SECTION 57-30-3, MISSISSIPPI CODE OF 1972, TO DELETE THE PROVISION THAT GOVERN PARTICIPATION IN THE PROGRAM; TO CREATE SECTION 57-30-5, MISSISSIPPI CODE OF 1972, TO REENACT THE PROVISIONS GOVERNING PARTICIPATION IN SUCH PROGRAM; TO PROVIDE THAT NO CERTIFICATES AUTHORIZING PARTICIPATION IN THE INCENTIVE PROGRAM SHALL BE ISSUED AFTER JULY 1, 2004, FOR PROJECTS THAT PERTAIN TO FACILITIES WHOSE PRIMARY PURPOSE IS THE SALE OF TANGIBLE PERSONAL PROPERTY AND TO REPEAL SECTION 57-30-5, MISSISSIPPI CODE OF 1972, FROM AND AFTER JULY 1, 2005; TO REPEAL SECTION 3, CHAPTER 549, LAWS OF 2002, WHICH REPEALS THE SECTIONS OF LAW THAT PROVIDE FOR THE SALES TAX INCENTIVE FUND AND THE MAKING OF INCENTIVE PAYMENTS FROM THE FUND; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 57-30-1, Mississippi Code of 1972, is reenacted as follows:
57-30-1. As used in this chapter, the following terms and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:
(a) "Approved participant" means a person, corporation or other entity issued a certificate by the Mississippi Development Authority under Section 57-30-3.
(b) "MDA" means the Mississippi Development Authority.
(c) "Project" means any family-oriented entertainment enterprise such as campgrounds and theme parks, as designated by the Mississippi Development Authority, with an initial capital investment of not less than Five Million Dollars ($5,000,000.00) in federal, local and/or private funds if located in a county in a Tier One area, as designated under Section 57-73-21, or with an initial capital investment of not less than Three Million Dollars ($3,000,000.00) in federal, local and/or private funds if located in a county in a Tier Two area or Tier Three area as designated in Section 57-73-21. Whether a county is in a Tier One area, Tier Two area or Tier Three area shall be determined by the classification of the area at the time the initial investment is made. The term "project" also means any of the following ancillary businesses if located on the project site or within one (1) mile of the project and owned by the owner of the family-oriented entertainment enterprise or owned by an entity legally affiliated with the owner of the family-oriented entertainment enterprise: (i) auditoriums, (ii) dining facilities, (iii) gift shops, and (iv) lodging facilities. However, the capital investment in any such dining facility or lodging facility shall not be included for purposes of meeting the minimum capital investment requirement for a project. The term "project" does not mean any business, corporation or entity having a gaming license issued under Section 75-76-1 et seq., Mississippi Code of 1972, but may include a family-oriented entertainment enterprise owned by such a business, corporation or entity that is in excess of development that the State Gaming Commission requires for the issuance or renewal of a gaming license.
(d) "State" means the State of Mississippi.
SECTION 2. Section 57-30-3, Mississippi Code of 1972, is reenacted and amended as follows:
57-30-3. * * *
(1) (a) There is created in the State Treasury a special fund to be known as the "Sales Tax Incentive Fund," into which shall be deposited such money as provided in Section 27-65-75(16). The monies in the fund shall be used for the purpose of making the incentive payments authorized in this section. The fund shall be administered by the MDA. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the General Fund, and any interest earned on or investment earnings on the amounts in the fund shall be deposited to the credit of the fund. The MDA may use not more than one percent (1%) of interest earned or investment earnings, or both, on amounts in the fund for administration and management of the incentive program.
(b) Subject to the provisions of this section, incentive payments may be made by the MDA to an approved participant that incurs indebtedness or incurs capital costs, or both, to locate a project in the state. The payments to an approved participant shall be for the amount of sales tax revenue collected on the gross proceeds of sales of a project, after making the diversions required in Section 27-65-75, except the diversion provided for in Section 27-65-75(1). The MDA shall ensure that payments made pursuant to this section are utilized to pay the debt service incurred by the approved participant for the project as approved by the MDA or any project capital cost incurred by the approved participant for the project as approved by the MDA, or both. The MDA shall make payments to an approved participant on a semiannual basis with payments being made in the months of January and July. For the purposes of determining the amount of indebtedness or project capital costs, or both, incurred for any ancillary business, as described in Section 57-30-1(c), which is eligible for incentive payments under this section, the amount of such indebtedness or project capital costs, or both, shall be limited to an amount not greater than the indebtedness or project capital costs, or both, incurred for the primary project. The aggregate amount that an approved participant may receive shall not exceed thirty-five percent (35%) of the portion of the original indebtedness that is funded from private sources or project capital cost that is funded from private sources, or both, incurred by such participant for the project. The MDA shall make the calculations necessary to make the payments provided for in this section. The MDA shall cease making incentive payments to an approved participant on the occurrence of the earlier of (i) the date thirty-five percent (35%) of theportion of theoriginal indebtednessthat is funded from private sources, or any refinancing of theportion of theoriginal indebtednessthat is funded from private sources, incurred for the project or the portion of the original project capital cost that is funded from private sources incurred for the project, or both, is satisfied, (ii) ten (10) years from the date the original indebtedness for the project was incurred, without regard to any refinancing or additional financing for any addition to or expansion of the project, or (iii) the project ceases operations.
(2) At such time as payments are no longer required to be made to an approved participant, the MDA shall notify the State Tax Commission and the sales tax revenue collected from such project shall no longer be deposited into the Sales Tax Incentive Fund, and any amounts remaining in the fund that were collected from such participant shall be transferred to the State General Fund; * * * however, if the project is located in a municipality, a portion of such amount shall be paid to such municipality in the same manner and amounts as provided for in Section 27-65-75(1).
SECTION 3. The following provision shall be codified as Section 57-30-5, Mississippi Code of 1972:
57-30-5. (1) The MDA shall develop, implement and administer the incentive program authorized in this chapter and shall promulgate rules and regulations necessary for the development, implementation and administration of such program.
(2) A person, corporation or other entity desiring to participate in the incentive payment program authorized in this chapter must submit an application to the MDA. Such application must contain (a) plans for the proposed project; (b) a detailed description of the proposed project; (c) the method of financing the proposed project and the terms of such financing; and (d) any other information required by the MDA. The Executive Director of the MDA shall review the application and determine whether it qualifies as a project. If the executive director determines the proposed project qualifies as a project, he shall issue a certificate to the person, corporation or other entity designating such person, corporation or other entity as an approved participant and authorizing the approved participant to participate in the incentive payment program provided for in this chapter; however, no certificates shall be issued after July 1, 2004, for projects that pertain to facilities whose primary purpose is the retail sale of tangible personal property.
(3) This section shall stand repealed from and after July 1, 2005.
SECTION 4. Section 3, Chapter 549, Laws of 2002, which provides for the repeal of Sections 57-30-1 and 57-30-3 on July 1, 2004, is repealed.
SECTION 5. This act shall take effect and be in force from and after its passage.