House Concurrent Resolution 101

A CONCURRENT RESOLUTION SUSPENDING THE DEADLINES FOR THE PURPOSE OF THE FURTHER CONSIDERATION AND PASSAGE OF HOUSE BILL NO. 1756, REGULAR SESSION OF 2004, ENTITLED "AN ACT TO CREATE THE CERTIFIED CAPITAL COMPANY ACT; TO PROVIDE THAT A CERTIFIED INVESTOR WHO MAKES AN INVESTMENT OF CERTIFIED CAPITAL PURSUANT TO AN ALLOCATION UNDER THIS ACT SHALL EARN A VESTED CREDIT AGAINST THE CERTIFIED INVESTOR'S INSURANCE PREMIUM TAX LIABILITY EQUAL TO 100% OF THE CERTIFIED INVESTOR'S INVESTMENT OF CERTIFIED CAPITAL; TO PROVIDE THAT A CERTIFIED INVESTOR IS ENTITLED TO TAKE A MAXIMUM OF 10% OF THE VESTED TAX CREDIT IN ANY TAX YEAR BEGINNING WITH THE 2006 TAX YEAR; TO PROVIDE THAT THE CREDIT CLAIMED IN ANY ONE TAX YEAR SHALL NOT EXCEED THE TAX LIABILITY OF THE INVESTOR FOR THE YEAR CLAIMED; TO PROVIDE THAT ALL UNUSED CREDIT MAY BE CARRIED FORWARD UNTIL THE CREDIT IS USED UP; TO PROVIDE THAT THE TOTAL AMOUNT OF CREDIT ALLOWED UNDER THIS ACT FOR ALL TAXPAYERS SHALL NOT EXCEED $100,000,000.00 OR $10,000,000.00 PER YEAR FOR 10 YEARS; TO PROVIDE FOR THE ALLOCATION OF SUCH CREDITS BY THE MISSISSIPPI DEVELOPMENT AUTHORITY; TO LIMIT THE AMOUNT OF THE TAX CREDIT ALLOCATION FOR EACH CERTIFIED INVESTOR; TO PROVIDE THAT APPLICATION MUST BE MADE TO THE MISSISSIPPI DEVELOPMENT AUTHORITY FOR CERTIFICATION AS A CERTIFIED CAPITAL COMPANY; TO PROVIDE FOR A FEE FOR SUCH CERTIFICATION; TO PROVIDE FOR REVIEW OF THE APPLICATIONS BY THE MISSISSIPPI DEVELOPMENT AUTHORITY; TO REQUIRE CERTIFIED CAPITAL COMPANIES TO REPORT CERTAIN INFORMATION TO THE MISSISSIPPI DEVELOPMENT AUTHORITY; TO AUTHORIZE THE MISSISSIPPI DEVELOPMENT AUTHORITY TO ISSUE OPINIONS AS TO WHETHER AN INVESTMENT A CERTIFIED CAPITAL COMPANY PROPOSES TO MAKE IS A QUALIFIED INVESTMENT; TO REQUIRE THE MISSISSIPPI DEVELOPMENT AUTHORITY TO CONDUCT ANNUAL REVIEWS OF CERTIFIED CAPITAL COMPANIES TO DETERMINE IF THE CERTIFIED CAPITAL COMPANY IS ABIDING BY THE REQUIREMENTS OF CERTIFICATION; TO PROVIDE FOR A FEE FOR SUCH REVIEW; TO PROVIDE PENALTIES FOR DECERTIFICATION IN THE FORM OF RECAPTURE OR FORFEITURE OF TAX CREDITS; AND FOR RELATED PURPOSES."

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, THE SENATE CONCURRING THEREIN, That the Joint Rules of the House and the Senate, including all the deadlines and other provisions imposed by Joint Rule No. 40, are suspended for the purpose of permitting the further consideration and passage of House Bill No. 1756, Regular Session of 2004, entitled "AN ACT TO CREATE THE CERTIFIED CAPITAL COMPANY ACT; TO PROVIDE THAT A CERTIFIED INVESTOR WHO MAKES AN INVESTMENT OF CERTIFIED CAPITAL PURSUANT TO AN ALLOCATION UNDER THIS ACT SHALL EARN A VESTED CREDIT AGAINST THE CERTIFIED INVESTOR'S INSURANCE PREMIUM TAX LIABILITY EQUAL TO 100% OF THE CERTIFIED INVESTOR'S INVESTMENT OF CERTIFIED CAPITAL; TO PROVIDE THAT A CERTIFIED INVESTOR IS ENTITLED TO TAKE A MAXIMUM OF 10% OF THE VESTED TAX CREDIT IN ANY TAX YEAR BEGINNING WITH THE 2006 TAX YEAR; TO PROVIDE THAT THE CREDIT CLAIMED IN ANY ONE TAX YEAR SHALL NOT EXCEED THE TAX LIABILITY OF THE INVESTOR FOR THE YEAR CLAIMED; TO PROVIDE THAT ALL UNUSED CREDIT MAY BE CARRIED FORWARD UNTIL THE CREDIT IS USED UP; TO PROVIDE THAT THE TOTAL AMOUNT OF CREDIT ALLOWED UNDER THIS ACT FOR ALL TAXPAYERS SHALL NOT EXCEED $100,000,000.00 OR $10,000,000.00 PER YEAR FOR 10 YEARS; TO PROVIDE FOR THE ALLOCATION OF SUCH CREDITS BY THE MISSISSIPPI DEVELOPMENT AUTHORITY; TO LIMIT THE AMOUNT OF THE TAX CREDIT ALLOCATION FOR EACH CERTIFIED INVESTOR; TO PROVIDE THAT APPLICATION MUST BE MADE TO THE MISSISSIPPI DEVELOPMENT AUTHORITY FOR CERTIFICATION AS A CERTIFIED CAPITAL COMPANY; TO PROVIDE FOR A FEE FOR SUCH CERTIFICATION; TO PROVIDE FOR REVIEW OF THE APPLICATIONS BY THE MISSISSIPPI DEVELOPMENT AUTHORITY; TO REQUIRE CERTIFIED CAPITAL COMPANIES TO REPORT CERTAIN INFORMATION TO THE MISSISSIPPI DEVELOPMENT AUTHORITY; TO AUTHORIZE THE MISSISSIPPI DEVELOPMENT AUTHORITY TO ISSUE OPINIONS AS TO WHETHER AN INVESTMENT A CERTIFIED CAPITAL COMPANY PROPOSES TO MAKE IS A QUALIFIED INVESTMENT; TO REQUIRE THE MISSISSIPPI DEVELOPMENT AUTHORITY TO CONDUCT ANNUAL REVIEWS OF CERTIFIED CAPITAL COMPANIES TO DETERMINE IF THE CERTIFIED CAPITAL COMPANY IS ABIDING BY THE REQUIREMENTS OF CERTIFICATION; TO PROVIDE FOR A FEE FOR SUCH REVIEW; TO PROVIDE PENALTIES FOR DECERTIFICATION IN THE FORM OF RECAPTURE OR FORFEITURE OF TAX CREDITS; AND FOR RELATED PURPOSES."