MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Finance

By: Senator(s) Johnson (19th)

AN ACT TO AMEND SECTION 27-41-9, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT WHEN ANY DUE DATE FOR AD VALOREM TAX PAYMENTS FALLS ON A SATURDAY, SUNDAY OR LEGAL HOLIDAY THAT PAYMENTS FOR SUCH TAXES SHALL BE RECEIVED BY THE TAX COLLECTOR ON THE FIRST WORKING DAY THEREAFTER.

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

SECTION 1. Section 27-41-9, Mississippi Code of 1972, is amended as follows:

27-41-9. (1) If any person fails to pay the tax levied and assessed against him when due, he shall be required to pay, in addition to the amount of taxes unpaid after February 1, interest thereon at the rate of one percent (1%) per month, or fractional part thereof, from February 1 to the date of payment of such taxes. When the due date for any payment shall fall on a Saturday, Sunday or legal holiday then the payment shall be received by the tax collector on the first working day after such day or days without any interest being owed by the taxpayer.

The interest charge of one percent (1%) shall be collected and apportioned and paid into the state, county, levee board or drainage district or municipal treasury. That portion paid into the county or municipal treasury shall be paid into the general fund of such county or municipality.

If any taxpayer neglects or refuses to pay his taxes on the due date thereof, the said taxes shall bear interest at the rate of one percent (1%) per month or fractional part thereof from the delinquent date to the date payment of such taxes is made; provided that because of unusual conditions in any county where neither the taxpayer nor the tax collector is negligent or responsible for the delay incident to such tax payments, the Governor of the state may by proclamation before, on or after the due date of such tax payments extend the time for the imposition of this penalty for a period not to exceed sixty (60) days, and if necessary, for two (2) additional periods not to exceed sixty (60) days each.

(2) Such proclamation shall be filed with the clerk of the board of supervisors of the county affected thereby and shall not become effective until so filed. The proclamation shall be spread at large upon the minutes of the next regular meeting of the board of supervisors held after the date of the filing thereof.

SECTION 2. This act shall take effect and be in force from and after its passage.