MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Finance
By: Senator(s) Fillingane
AN ACT TO AMEND SECTIONS 27-7-901 AND 27-7-903, MISSISSIPPI CODE OF 1972, TO EXTEND THE TAX UPON CERTAIN AMOUNTS THAT PAID OR CREDITED BY GAMING ESTABLISHMENTS TO ALL AMOUNTS THAT ARE PAID OR CREDITED BY GAMING ESTABLISHMENTS; TO PROVIDE THAT THE FIRST $35,000,000.00 COLLECTED FROM SUCH TAX DURING A FISCAL YEAR SHALL BE DEPOSITED IN THE STATE GENERAL FUND; TO PROVIDE THAT 50% OF THE AMOUNT COLLECTED FROM SUCH TAX DURING A FISCAL YEAR ABOVE $35,000,000.00 SHALL BE DEPOSITED TO THE CREDIT OF THE STATE HIGHWAY FUND TO BE USED EXCLUSIVELY FOR CONSTRUCTION, RECONSTRUCTION AND MAINTENANCE OF THE HIGHWAYS OF THE STATE OF MISSISSIPPI; TO PROVIDE THAT 50% OF THE AMOUNT COLLECTED FROM SUCH TAX DURING A FISCAL YEAR ABOVE $35,000,000.00 SHALL BE DEPOSITED TO THE CREDIT OF THE MISSISSIPPI PUBLIC FACILITIES CAPITAL IMPROVEMENTS FUND; TO CREATE THE MISSISSIPPI PUBLIC FACILITIES CAPITAL IMPROVEMENTS FUND AND TO PROVIDE THAT THE MONEY IN THE FUND SHALL BE UTILIZED TO CONSTRUCT AND EQUIP NEW PUBLIC FACILITIES AND FOR REPAIR AND RENOVATION OF EXISTING PUBLIC FACILITIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 27-7-901, Mississippi Code of 1972, is amended as follows:
27-7-901. (1) There is
hereby levied, assessed and shall be collected a tax of three percent (3%) upon
amounts that are paid or credited by gaming establishments licensed under the
provisions of the Mississippi Gaming Control Act to their patrons. The tax
shall be collected by licensed gaming establishments and remitted to the * * * Department of Revenue
in the manner provided for by regulations promulgated by the * * * Commissioner
of Revenue.
* * *
( * * *2) No credit shall be allowed under
the Income Tax Law of 1952 for the tax collected by licensed gaming
establishments pursuant to this section.
SECTION 2. Section 27-7-903, Mississippi Code of 1972, is amended as follows:
27-7-903. (1) There is
hereby levied and assessed upon patrons of gaming establishments located in
this state that are not licensed under the provisions of the Mississippi Gaming
Control Act, a tax of three percent (3%) of the amounts that are paid or
credited to such patrons by the gaming establishment, which tax is the same in
kind and rate as has heretofore been imposed pursuant to Section 27-7-901 upon
the patrons of gaming establishments which are licensed under the Mississippi
Gaming Control Act. The legal incidence and duty to pay such taxes shall fall
upon the patron. The assessment of such tax is subject to any exemptions as
may exist under federal or state law. The * * * Department of Revenue
may enter into tax collection agreements regarding this tax.
* * *
( * * *2) No credit shall be allowed under
the Income Tax Law of 1952 for the tax collected by gaming establishments
pursuant to this section.
SECTION 3. The revenue collected pursuant to Sections 27-7-901 and 27-7-903 shall be disbursed as follows:
(a) The first Thirty-five Million Dollars ($35,000,000.00) collected during a fiscal year shall be deposited into the State General Fund;
(b) Fifty percent (50%) of the amount collected during a fiscal year above Thirty-five Million Dollars ($35,000,000.00) shall be deposited to the credit of the State Highway Fund to be used exclusively for construction, reconstruction and maintenance of the highways of the State of Mississippi; and
(c) Fifty percent (50%) of the amount collected during a fiscal year above Thirty-five Million Dollars ($35,000,000.00) shall be deposited to the credit of the Mississippi Public Facilities Capital Improvements Fund.
SECTION 4. (1) There is created in the State Treasury a special fund to be known as the Mississippi Public Facilities Capital Improvements Fund into which shall be deposited the money specified in Section (3) of this act, such money as the Legislature may provide by appropriation and any other money designated for deposit therein. The money in the fund shall be utilized to construct and equip new public facilities and for repair and renovation of existing public facilities.
(2) Money in the fund shall be expended upon appropriation by the Legislature for the purposes provided for in subsection (1) of this section. Unexpended amounts remaining in the fund at the end of the state fiscal year shall not lapse into the State General Fund and interest and investment earnings on amounts in the fund shall be deposited to the credit of the fund.
SECTION 5. This act shall take effect and be in force from and after July 1, 2013.