House Bill 583

AN ACT TO CREATE THE "SPECIAL ENFORCEMENT FUND FOR THE MISSISSIPPI GAMING CONTROL ACT"; TO PROVIDE THAT ONE-HALF OF THE FINES, PENALTIES OR OTHER ASSESSMENTS IMPOSED BY THE LAW, OR BY THE MISSISSIPPI GAMING COMMISSION OR ITS EXECUTIVE DIRECTOR, FOR VIOLATIONS OF THE PROVISIONS OF THE MISSISSIPPI GAMING CONTROL ACT SHALL BE DEPOSITED INTO THE SPECIAL FUND; TO SPECIFY THAT MONIES IN THE FUND SHALL BE EXPENDED BY THE COMMISSION TO PAY THE COSTS OF ENFORCING THE PROVISIONS OF THE MISSISSIPPI GAMING CONTROL ACT; TO AMEND SECTION 75-76-129, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Of all fines, penalties or other assessments imposed by law, or by the Mississippi Gaming Commission or the executive director of the commission, for violations of the provisions of this chapter, one-half (1/2) shall be deposited into the special fund created in subsection (2) of this section. The other one-half (1/2) of such fines, penalties or assessments and any funds that are derived from taxes, fees, interest, damages or other monies collected under the provisions of this chapter shall be deposited as provided in Section 75-76-129.

(2) There is created in the State Treasury a special fund, to be designated as the "Special Enforcement Fund for the Mississippi Gaming Control Act," to the credit of the Mississippi Gaming Commission. The special fund shall be comprised of the monies required to be deposited into the fund under this section, and any other funds that may be made available for the fund by the Legislature. The fund shall be maintained by the State Treasurer as a special fund, separate and apart from the General Fund of the state.

(3) Monies in the fund shall be expended by the Mississippi Gaming Commission, upon appropriation by the Legislature, to pay the costs of enforcing the provisions of the Mississippi Gaming Control Act, Section 75-76-1 et seq. Unexpended amounts remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited to the credit of the special fund.

SECTION 2. Section 75-76-129, Mississippi Code of 1972, is amended as follows:

[Through June 30, 2022, this section shall read as follows:]

75-76-129. On or before the last day of each month all taxes, fees, interest, penalties, damages, fines or other monies collected by the State Tax Commission during that month under the provisions of this chapter, with the exception of (a) the local government fees imposed under Section 75-76-195, * * * (b) an amount equal to Three Million Dollars ($3,000,000.00) of the revenue collected pursuant to the fee imposed under Section 75-76-177(1)(c), and (c) the amount of one-half (1/2) of any fines, penalties and assessments imposed by law, or by the Mississippi Gaming Commission or the executive director of the commission, for violations of the provisions of this chapter, shall be paid by the State Tax Commission to the State Treasurer to be deposited in the State General Fund. The local government fees shall be distributed by the State Tax Commission pursuant to Section 75-76-197. An amount equal to Three Million Dollars ($3,000,000.00) of the revenue collected during that month pursuant to the fee imposed under Section 75-76-177(1)(c) shall be deposited by the State Tax Commission into the bond sinking fund created in Section 65-39-3. The amount of one-half (1/2) of the fines, penalties and assessments imposed by law, or by the Mississippi Gaming Commission or the executive director of the commission, and collected during that month shall be deposited into the special fund created in Section 1 of this act.

[From and after July 1, 2022, this section shall read as follows:]

75-76-129. On or before the last day of each month, all taxes, fees, interest, penalties, damages, fines or other monies collected by the State Tax Commission during that month under the provisions of this chapter, with the exception of the local government fees imposed under Section 75-76-195 and with the exception of one-half (1/2) of any fines, penalties and assessments imposed by law, or by the Mississippi Gaming Commission or the executive director of the commission, for violations of the provisions of this chapter, shall be paid by the State Tax Commission to the State Treasurer to be deposited in the State General Fund. The local government fees shall be distributed by the State Tax Commission pursuant to Section 75-76-197. The amount of one-half (1/2) of the fines, penalties and assessments imposed by law, or by the Mississippi Gaming Commission or the executive director of the commission, and collected during that month shall be deposited into the special fund created in Section 1 of this act.

SECTION 3. Section 1 of this act shall be codified as a separate code section in Chapter 76, Title 75, Mississippi Code of 1972.

SECTION 4. This act shall take effect and be in force from and after July 1, 2007.