House Bill 643

AN ACT TO AMEND SECTION 27-35-3, MISSISSIPPI CODE OF 1972, TO REMOVE THE DISCRETION OF GOVERNING MUNICIPAL AUTHORITIES TO ASSESS AND COLLECT TAXES ON NEWLY ANNEXED AREAS AFTER JANUARY 1 BEFORE JULY 1 OF A YEAR AS IF SUCH AREA HAD BEEN ANNEXED BEFORE JANUARY 1 OF A YEAR; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 27-35-3, Mississippi Code of 1972, is amended as follows:

27-35-3. All taxable real property situated in the state acquired or held by any person before January 1 of each year, and all other taxable property so situated or brought into this state at any time prior to March 1 of each year, shall be assessed and taxes thereon paid for the ensuing year with the exception of heavy duty equipment as defined in Section 27-35-1(2). Heavy duty equipment shall be assessed and taxes thereon paid at any time such equipment is acquired or brought into this state for use as construction equipment, and such assessment shall be prorated with respect to the number of months remaining in the year. Such other property shall not be assessed by more than one (1) county, and such county in which said property was located at the earliest taxable date in any year shall have priority in the assessment of such taxes.

Provided, however, that when a municipality is created * * * after January 1 of any year it shall have, prior to July 1 of the year, the full right and power to assess the property and collect taxes for the current year to the same extent as if it had been created * * * prior to January 1 of that year.

Nothing in this section shall be construed to limit the power of the state to define and declare the situs of particular species of property having no fixed situs at some place in this state.

SECTION 2. This act shall take effect and be in force from and after July 1, 2005.