House Bill 1075

(As Passed the House)

AN ACT TO AMEND SECTIONS 27-31-51, 27-31-55, 27-31-57 AND 27-31-59, MISSISSIPPI CODE OF 1972, TO TRANSFER THE ADMINISTRATION OF THE LAWS GOVERNING FREE PORT WAREHOUSES FROM THE STATE TAX COMMISSION TO LOCAL GOVERNING AUTHORITIES; TO PROVIDE THAT FREE PORT WAREHOUSE PERMITS SHALL BE ISSUED BY THE BOARD OF SUPERVISORS OF THE COUNTY IN WHICH THE WAREHOUSE IS LOCATED OR THE GOVERNING AUTHORITIES OF THE MUNICIPALITY IN WHICH THE WAREHOUSE IS LOCATED, AS THE CASE MAY BE; TO PROVIDE THAT THE INVENTORY OF ALL PERSONAL PROPERTY CONSIGNED OR TRANSFERRED TO SUCH WAREHOUSE SHALL BE FILED WITH THE TAX ASSESSOR OF THE TAXING JURISDICTION IN WHICH THE WAREHOUSE IS LOCATED; TO PROVIDE THAT SUCH INVENTORY SHALL BE FILED WITH THE TAX ASSESSOR BY NOT LATER THAN MARCH 31 OF EACH YEAR; TO GIVE TO TAX ASSESSORS THE POWERS NECESSARY TO ADMINISTER THE LAWS GOVERNING FREE PORT WAREHOUSES; TO PROVIDE THAT THE FREE PORT WAREHOUSE LICENSE FEE SHALL BE PAID TO THE APPROPRIATE LOCAL GOVERNING AUTHORITY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 27-31-51, Mississippi Code of 1972, is amended as follows:

27-31-51. (1) As used in Sections 27-31-51 through 27-31-61:

(a) "Warehouse" or "storage facility" * * * shall not apply to caves or cavities in the earth, whether natural or artificial;

(b) "Governing authorities" means the board of supervisors of the county wherein the warehouse or storage facility is located or the governing authorities of the municipality wherein the warehouse or storage facility is located, as the case may be;

(c) "Tax assessor" means the tax assessor of each taxing jurisdiction in which the warehouse or storage facility may be located.

(2) All warehouses, public or private, or other storage facilities in the State of Mississippi regularly engaged in the handling and storage of personal property in structures or in places adopted for such handling and storage which is consigned or transferred to such warehouse or storage facility for storage and handling shall be eligible for licensing under the provisions of Sections 27-31-51 through 27-31-61 as a "free port warehouse."

(3) Such licenses shall be issued by the governing authorities to such warehouse or storage facility as will qualify under the definition of "free port warehouse" as herein defined, upon application by the warehouse or storage facility operator.

SECTION 2. Section 27-31-55, Mississippi Code of 1972, is amended as follows:

27-31-55. Each licensed "free port warehouse" shall file with the * * * tax assessor of each taxing jurisdiction in which such warehouse or storage facility may be located an inventory of all personal property consigned or transferred to such warehouse or storage facility and located therein on January 1 of each year. Such inventory shall be submitted on such forms and in such manner as the tax assessor may prescribe and shall contain a separate statement of all property eligible for exemption under Sections 27-31-51 through 27-31-61 and a separate statement of all property consigned or transferred to such warehouse or storage facility. Such inventory shall be submitted by not later than March 31 of each year. Exemption shall be allowed for all eligible property, but accurate records shall be kept of all personal property shipped from any such warehouse or storage facility, together with the point of final destination of the same, and reports thereof shall be filed with such taxing authorities of this state and in such form and manner as the tax assessor may prescribe. At the conclusion of each calendar year each licensee under Sections 27-31-51 through 27-31-61 shall calculate the actual percentage of all personal property consigned or transferred to the warehouse or storage facility which was shipped to a final destination outside the state in relation to the total of all such personal property shipped to any destination during such year. Such percentage shall then be applied to the total value of all property contained in the inventory of such warehouse or storage facility as of January 1 of such year which was consigned or transferred to such warehouse or storage facility. If the result thus obtained shall be less than the value of property for which exemption was allowed, then the amount of such difference shall be deducted from the amount of the exemption previously allowed and taxes shall be levied and collected thereon by the tax collecting officers concerned.

SECTION 3. Section 27-31-57, Mississippi Code of 1972, is amended as follows:

27-31-57. The tax assessor shall have full power and authority to require the keeping of all records and the making of all reports necessary to the accomplishment of the purpose of Sections 27-31-51 through 27-31-61, and all books and records of any licensee shall be subject to the inspection of duly authorized agents of * * * the ad valorem taxing authorities of the jurisdiction or jurisdictions wherein such licensee is located. * * * The violation by the licensee of any of * * * the terms and provisions of * * * Sections 27-31-51 through 27-31-61 shall authorize the revocation of the license of any licensee by the tax assessor. In the event any license shall be revoked, then the exemption provided for therein shall thereby be annulled for the year in which such license may be revoked.

SECTION 4. Section 27-31-59, Mississippi Code of 1972, is amended as follows:

27-31-59. Each licensee shall pay to the governing authorities for each license which may be issued or renewed a fee in the amount of Ten Dollars ($10.00) for each issuance or renewal thereof.

SECTION 5. This act shall take effect and be in force from and after July 1, 2002.