MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Finance

By: Senator(s) Minor

AN ACT TO AMEND SECTION 27-31-105, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE TIME OF AD VALOREM TAX EXEMPTIONS GRANTED TO MANUFACTURERS AND CERTAIN OTHER ENTERPRISES FOR ADDITIONS OR EXPANSIONS TO FACILITIES OR PROPERTY AND REPLACEMENTS OF EQUIPMENT, SHALL COMMENCE ON THE DATE OF THE COMPLETION OF THE ADDITION, EXPANSION OR REPLACEMENT; TO PROVIDE THAT ANY REQUEST FOR SUCH AN EXEMPTION MUST BE MADE IN WRITING WITHIN 270 DAYS FROM THE DATE OF COMPLETION OF THE ADDITION, EXPANSION OR REPLACEMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 27-31-105, Mississippi Code of 1972, is amended as follows:

27-31-105. (1) Any person, firm or corporation who owns or operates a manufacturing or other enterprise of public utility as enumerated in Section 27-31-101 and who makes additions to or expansions of the facilities or properties or replaces equipment used in connection with or necessary to the operation of such enterprise may be granted an exemption from ad valorem taxation, except state ad valorem taxation, upon each such addition to or expansion of the facility or property or replacement of equipment, within the discretion of the county board of supervisors and municipal authorities. Provided, however, said governing authorities shall not exempt ad valorem taxes for school district purposes on such additions or expansions of the facility or property, or replacement of equipment, except that this provision shall not apply to or affect any exemptions from ad valorem taxes for school district purposes which were granted under this section prior to the effective date of this chapter and such exemptions heretofore granted shall continue in force for the period of time for which they were granted, unless the grantor and grantee of the exemption agree otherwise. In order to obtain such exemptions upon additions to or expansions of the facilities or properties, or replacement of equipment, such person, firm or corporation shall follow the same procedure prescribed for obtaining an exemption on a new enterprise, except as otherwise provided herein. For any additions, expansions or replacements with reference to any particular new enterprise, which additions, expansions or replacements have been completed during any calendar year, only one (1) request must be made for the exemptions sought for such additions, expansions or replacements. * * * The time of * * * such exemption * * * shall commence from the date of completion of such additions, expansions or replacements * * *, and shall extend for a period not to exceed ten (10) years thereafter; however, boards of supervisors and municipal authorities, in lieu of granting the exemption for one (1) period of ten (10) years, may grant the exemption in consecutive periods of five (5) years each, but the total of such consecutive periods shall not exceed ten (10) years. Any request for an exemption must be made in writing within two hundred seventy (270) days from the date of completion of the additions, expansions or replacements.

(2) For expansions of facilities or properties or replacement of equipment, county boards of supervisors and municipal authorities may grant a fee in lieu of taxes in the same manner, to the same extent, and with the same qualifying threshold as provided for projects under Section 27-31-104, Mississippi Code of 1972.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.