MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Conservation and Water Resources

By: Representative Taylor

AN ACT TO AMEND SECTION 17-17-423, MISSISSIPPI CODE OF 1972, TO EXEMPT CERTAIN RETAIL TIRE SALES FROM THE WASTE TIRE FEE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 17-17-423, Mississippi Code of 1972, is amended as follows:

17-17-423. (1) There is imposed a waste tire fee upon the sale of each new tire sold at retail, except the retail sale of new motor vehicle tires to a motor vehicle dealer, as defined in Section 27-19-303. The fee shall be imposed on any person engaging in the business of making retail sales of new tires within this state. The fee shall be charged by the tire retailer to the person who purchases a tire for use on a motor vehicle. The fee shall be imposed at the rate of One Dollar ($1.00) for each new tire sold with a rim diameter of less than twenty-four (24) inches and Two Dollars ($2.00) for each new tire sold with a rim diameter of twenty-four (24) inches or greater. The fee shall be added to the total cost to the purchaser at retail after all applicable sales taxes on the tires have been computed. The fee imposed, less five percent (5%) of fees collected, which shall be retained by the tire retailer as collection costs, shall be paid to the State Tax Commission in the form and manner required by the State Tax Commission and shall include a statement showing the total number of new tires sold during the preceding month. The State Tax Commission shall promulgate rules and regulations necessary to administer the fee collection and enforcement.

(2) The State Tax Commission shall administer, collect and enforce the fee authorized under this section under the same procedures used in the administration, collection and enforcement of the state sales tax imposed under Chapter 65, Title 27, Mississippi Code of 1972, except as provided in this section. The proceeds of the waste tire fee, less five percent (5%) of the proceeds, which shall be retained by the State Tax Commission as collection costs, shall be transferred by the State Tax Commission into the waste tire account of the Environmental Protection Trust Fund.

(3) This section shall stand repealed on July 1, 2001.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.