MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Insurance; Finance

By: Senator(s) Kirby

AN ACT TO AMEND SECTION 27-15-109, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE INSURANCE CARRIERS SELECTED TO FURNISH SERVICE TO THE STATE OF MISSISSIPPI UNDER THE CHILDREN'S HEALTH INSURANCE PROGRAM SHALL NOT BE REQUIRED TO PAY THE INSURANCE PREMIUM TAX ON THE PREMIUMS COLLECTED FOR COVERAGE UNDER THE CHILDREN'S HEALTH INSURANCE PROGRAM; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 27-15-109, Mississippi Code of 1972, is amended as follows:

27-15-109. (1) Except as otherwise provided in Section 83-61-11, there is hereby levied and imposed upon each domestic company doing business in this state an annual tax of three percent (3%) of the gross amount of premiums collected by such domestic company on insurance policies and contracts written in, or covering risks located in this state, except for premiums received on policies issued to fund a retirement, thrift or deferred compensation plan qualified under Section 401, Section 403 or Section 457 of the Federal Tax Code for federal tax exemption. Provided, however, that a domestic insurance company against which is levied additional premium tax under retaliatory laws of other states in which it does business, as a result of the tax increase provided by Sections 27-15-103 through 27-15-117, may deduct the total of such additional retaliatory tax from the state income tax due by it to the State of Mississippi. The insurance carriers selected to furnish service to the State of Mississippi, under the State and School Employees Life and Health Insurance Plan and the Children's Health Insurance Program, shall not be required to pay the premium tax levied against insurance companies under this section on the premiums collected for coverage under the State and School Employees Life and Health Insurance Plan or under the Children's Health Insurance Program.

(2) Except as expressly provided by subsection (1) of this section, all of the provisions of Sections 27-15-103 through 27-15-117 shall be applicable to such domestic insurance companies. However, the statement filed with the State Tax Commission by domestic insurance companies as provided in Section 27-15-107 shall include therein a sworn statement of all additional retaliatory premium taxes paid by them to other states as a result of the increase in premium taxes imposed by Sections 27-15-103 through 27-15-117, itemized by states to which paid.

(3) In the event that the Mississippi Supreme Court or another court finally adjudicates that any tax levied prior to July 1, 1985, under the provisions of this section was collected unconstitutionally and that a liability for a credit or refund for such collection has accrued, then the rate of tax set forth above shall be increased to four percent (4%) for a period of six (6) years beginning July 1 following such adjudication.

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