MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Transportation; Ways and Means

By: Representatives Eubanks, Boyd, Hudson, Currie, Aguirre, Arnold, Banks, Barnett, Bomgar, Byrd, Clarke, Corley, Crawford, Criswell, Gibbs (72nd), Haney, Henley, Holloway, Hopkins, Kinkade, McNeal, Steverson, Straughter, Walker, Wallace, Zuber, Hughes, Karriem, Baria, Sykes

House Bill 51

AN ACT TO AMEND SECTIONS 27-19-21 AND 27-19-23, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE ADDITIONAL ANNUAL TAX IMPOSED ON ELECTRIC VEHICLES AND HYBRID VEHICLES SHALL NOT BE IMPOSED ON A VEHICLE THAT WAS OWNED BY A PERSON AND REGISTERED AND LICENSED IN SUCH PERSON'S NAME BEFORE OCTOBER 1, 2018, AND THAT THE TAX SHALL NOT BE IMPOSED ON THE VEHICLE SO LONG AS SUCH PERSON OWNS THE VEHICLE AND REGISTERS AND LICENSES THE VEHICLE IN THE PERSON'S NAME; AND FOR RELATED PURPOSES. 

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

     SECTION 1.  Section 27-19-21, Mississippi Code of 1972, is amended as follows:

     27-19-21.  (1)  For the purposes of this section, the term "electric vehicle" means a vehicle that is powered solely by an electric motor drawing current from rechargeable batteries, fuel cells, or other portable sources of electrical current, is manufactured primarily for use on public streets, roads and highways, and is required to have a license tag under Section 27-19-1 et seq., for operation on public streets, roads and highways.

     (2)  (a)  Subject to the provisions of this paragraph (a), there is imposed an annual tax on each electric vehicle, which shall be in addition to any other taxes for which the vehicle is liable.  The tax shall be paid to the county tax collector at the same time and in the same manner as the annual highway privilege tax is paid.  The amount of the tax shall be One Hundred Fifty Dollars ($150.00).  The tax shall not be imposed on an electric vehicle that was owned by a person and registered and licensed in such person's name before October 1, 2018, and the tax shall not be imposed on the electric vehicle so long as such person owns the electric vehicle and registers and licenses the vehicle in the person's name. 

          (b)  Beginning July 1, 2021, and each succeeding July 1 thereafter, the rate of the tax imposed under this section and in effect at the end of the preceding state fiscal year shall be adjusted by increasing the tax by a percentage amount equal to the United States inflation rate for the previous calendar year ending on December 31 as certified by the Department of Finance and Administration.  The United States inflation rate for a calendar year shall be the Consumer Price Index for the calendar year for urban consumers as calculated by the Bureau of Labor Statistics of the United States Department of Labor.  In adjusting the amount of the tax, amounts equal to or greater than Fifty Cents (50¢) shall be rounded to the next highest whole dollar.

     (3)  The tax collector shall have a special designation for electric vehicles in the vehicle records of the tax collector's office so that the owners of electric vehicles will be provided with the proper forms for paying the tax imposed by this section.

     (4)  The tax collector shall remit the proceeds of the tax collected under this section to the Department of Revenue, and the department shall apportion the proceeds of the tax among the various purposes specified in Section 27-5-101 for gasoline and diesel fuel taxes in the same proportion that those taxes were apportioned for those purposes during the previous state fiscal year and such funds shall be used solely for the repair and maintenance of roads, streets and bridges.

     (5)  The Department of Revenue shall have all of the power and authority that it has for enforcement of the motor vehicle privilege tax laws (Section 27-19-1 et seq.) to enforce the provisions of this section.  The Commissioner of Revenue may adopt any rules or regulations that he deems necessary for the proper administration of this section.

     SECTION 2.  Section 27-19-23, Mississippi Code of 1972, is amended as follows:

     27-19-23.  (1)  For the purposes of this section, the term "hybrid vehicle" means a vehicle that utilizes more than one (1) form of onboard energy to achieve propulsion, is manufactured primarily for use on public streets, roads and highways, and is required to have a license tag under Section 27-19-1 et seq., for operation on public streets, roads and highways.

     (2)  (a)  Subject to the provisions of this paragraph (a), there is imposed an annual tax on each hybrid vehicle, which shall be in addition to any other taxes for which the vehicle is liable.  The tax shall be paid to the county tax collector at the same time and in the same manner as the annual highway privilege tax is paid.  The amount of the tax shall be Seventy-five Dollars ($75.00).  The tax shall not be imposed on a hybrid vehicle that was owned by a person and registered and licensed in such person's name before October 1, 2018, and the tax shall not be imposed on the hybrid vehicle so long as such person owns the hybrid vehicle and registers and licenses the vehicle in the person's name.

          (b)  Beginning July 1, 2021, and each succeeding July 1 thereafter, the rate of the tax imposed under this section and in effect at the end of the preceding state fiscal year shall be adjusted by increasing the tax by a percentage amount equal to the United States inflation rate for the previous calendar year ending on December 31 as certified by the Department of Finance and Administration.  The United States inflation rate for a calendar year shall be the Consumer Price Index for the calendar year for urban consumers as calculated by the Bureau of Labor Statistics of the United States Department of Labor.  In adjusting the amount of the tax, amounts equal to or greater than Fifty Cents (50¢) shall be rounded to the next highest whole dollar.

     (3)  The tax collector shall have a special designation for hybrid vehicles in the vehicle records of the tax collector's office so that the owners of hybrid vehicles will be provided with the proper forms for paying the tax imposed by this section.

     (4)  The tax collector shall remit the proceeds of the tax collected under this section to the Department of Revenue, and the department shall apportion the proceeds of the tax among the various purposes specified in Section 27-5-101 for gasoline and diesel fuel taxes in the same proportion that those taxes were apportioned for those purposes during the previous state fiscal year and such funds shall be used solely for the repair and maintenance of roads, streets and bridges. 

     (5)  The Department of Revenue shall have all of the power and authority that it has for enforcement of the motor vehicle privilege tax laws (Section 27-19-1 et seq.) to enforce the provisions of this section.  The Commissioner of Revenue may adopt any rules or regulations that he deems necessary for the proper administration of this section.

     SECTION 3.  This act shall take effect and be in force from and after its passage.