MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Ways and Means
By: Representative Blackmon
AN ACT TO AUTHORIZE THE ISSUANCE OF MOTOR VEHICLE LICENSE TAGS BY A MOTOR VEHICLE MANUFACTURER TO MOTOR VEHICLES LEASED BY THE MANUFACTURER TO ITS EMPLOYEES IN AN EMPLOYEE INCENTIVE PROGRAM; TO REQUIRE THE MANUFACTURER TO PAY AN ANNUAL PERMIT FEE TO THE DEPARTMENT OF REVENUE; TO PROVIDE THAT A FEE IN THE AMOUNT OF $100.00 SHALL BE PAID TO THE DEPARTMENT OF REVENUE IN LIEU OF AD VALOREM TAXES FOR EACH TAG SO ISSUED; TO PROVIDE THAT THE $100.00 FEE PAID FOR SUCH TAGS SHALL BE PLACED IN A SPECIAL FUND AND THAT A CERTAIN AMOUNT OF THE FEES SO DEPOSITED SHALL BE PAID TO EACH LOCAL TAXING DISTRICT IN WHICH THE MOTOR VEHICLE IS DOMICILED OR THE LOCAL TAXING DISTRICT FROM WHICH SUCH VEHICLE MOST FREQUENTLY LEAVES AND RETURNS; TO PROVIDE THAT FUNDS RECEIVED BY LOCAL TAXING DISTRICTS UNDER THIS ACT SHALL BE CONSIDERED TO BE, AND SHALL BE USED IN THE SAME MANNER AS, THE PROCEEDS OF MOTOR VEHICLE AD VALOREM TAXES; TO AMEND SECTION 27-51-41, MISSISSIPPI CODE OF 1972, TO EXEMPT FROM AD VALOREM TAXES MOTOR VEHICLES LEASED BY A MOTOR VEHICLE MANUFACTURER TO ITS EMPLOYEES UNDER AN EMPLOYEE INCENTIVE PROGRAM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) As used in this section:
(a) "Department" means the Mississippi Department of Revenue.
(b) "Employee incentive program" means a benefit offered by a manufacturer to its employees in which new vehicles produced by the manufacturer or its subsidiaries are leased to employees of the manufacturer.
(c) "Local taxing district" means any county, municipality, school district or other local entity that levies an ad valorem tax or for which an ad valorem tax is levied, to fund all or a portion of its budget.
(d) "Manufacturer" means a motor vehicle manufacturer operating a project as defined in Section 57-75-5(f)(iv) or Section 57-75-5(f)(xxi).
(2) A manufacturer may apply to the department for a permit to issue the motor vehicle license tags authorized by this section and shall pay an annual fee of One Thousand Dollars ($1,000.00) for the permit. After receipt of the permit the manufacturer may be issued distinguishing number motor vehicle license tags of a design determined by the department to be used for motor vehicles leased under the employee incentive program. The manufacturer shall pay a fee in lieu of ad valorem taxes to the Department of Revenue for each tag so issued in the amount of One Hundred Dollars ($100.00), plus Three Dollars and Seventy-five Cents ($3.75) for a tag fee. The tags shall be valid for one (1) year from the date the motor vehicle is leased to the employee or the term of the lease, whichever is shorter. The revenue from the fee shall be deposited by the department into the special fund created in this section to the credit of the county in which the motor vehicle for which the tag is issued is domiciled or the local taxing district from which such vehicle most frequently leaves and returns.
(3) The manufacturer shall provide the Department of Revenue with any information regarding the lessee and the location at which the leased motor vehicle is domiciled or the location from which the leased vehicle most frequently leaves and returns, that the department requires. The manufacturer shall provide the department with any other information the department considers necessary to implement this section.
(4) (a) There is created in the State Treasury a special fund into which shall be deposited the proceeds of the fee specified in subsection (2) of this section. The money in the fund shall be used for the purpose of making payments to county tax collectors as required by this section. The fund shall be administered by the Department of Revenue. Money in the fund shall be expended upon appropriation by the Legislature. Unexpended amounts remaining in the fund at the end of the state fiscal year shall not lapse into the State General Fund, and any investment earnings on amounts in the fund shall be deposited to the credit of the fund.
(b) On or before the tenth day of each month, the department shall make payments from the fund created in this section to the appropriate county tax collectors for distribution to the local taxing districts in the amounts required by this section. The amount that each local taxing district shall receive shall be determined by the department based on documentation provided by the county tax collectors and manufacturers under guidelines established by the department calculated as provided in this paragraph. Payments shall be made to a local taxing district from the monthly amount received by the county tax collector based on the proportion of that revenue that the local taxing district received from motor vehicle ad valorem tax revenue in the month prior to the payment bears to the total motor vehicle ad valorem tax revenue received in that month by all local taxing districts in the county.
(c) The county tax collector shall pay the funds received under this subsection to the local taxing district or districts in which the motor vehicle is domiciled or the local taxing district or districts from which such vehicles most frequently leave and return in the amounts calculated by the department.
(d) Funds received by local taxing districts under this section shall be considered to be, and shall be used in the same manner as, the proceeds of motor vehicle ad valorem taxes.
SECTION 2. Section 27-51-41, Mississippi Code of 1972, is amended as follows:
27-51-41. (1) The exemptions from the provisions of this chapter shall be confined to those persons or property exempted by this chapter or by the provisions of the Constitution of the United States or the State of Mississippi. No exemption as now provided by any other statute shall be valid as against the tax levied by this chapter. Any subsequent exemption from the tax levied hereunder shall be provided by amendment to this section which shall be inserted in the bill at length.
(2) The following shall be exempt from ad valorem taxation:
(a) All motor vehicles, as defined in this chapter, and including motor-propelled farm implements and vehicles, while in the hands of bona fide dealers as merchandise and which are not being operated upon the highways of this state.
(b) All motor vehicles belonging to the federal government or the State of Mississippi or any agencies or instrumentalities thereof.
(c) All motor vehicles owned by any school district in the state.
(d) All motor vehicles owned by any fire protection district incorporated in accordance with Sections 19-5-151 through 19-5-207 or by any fire protection grading district incorporated in accordance with Sections 19-5-215 through 19-5-241.
(e) All motor vehicles owned by units of the Mississippi National Guard.
(f) All motor vehicles which are exempted from highway privilege taxes under Section 27-19-1 et seq.
(g) All motor vehicles operated in this state as common and contract carriers of property, private commercial carriers of property, private carriers of property and buses, all of which have a gross weight in excess of ten thousand (10,000) pounds.
(h) Antique automobiles as defined in Section 27-19-47, and antique pickup trucks as provided for under Section 27-19-47.2, Mississippi Code of 1972.
(i) Street rods as defined in Section 27-19-56.6.
(j) One (1) motor vehicle owned by a disabled American veteran, or by the spouse of a deceased disabled American veteran, who is entitled to purchase a distinctive license plate or tag in accordance with Section 27-19-53, regardless of the license plate or tag issued to the disabled American veteran or the veteran's spouse if the disabled American veteran is deceased.
(k) One (1) motor vehicle owned by the unremarried surviving spouse of a member of the Armed Forces of the United States who, while on active duty, is killed or dies and one (1) motor vehicle owned by the unremarried surviving spouse of a member of a reserve component of the Armed Forces of the United States or of the National Guard who, while on active duty for training, is killed or dies.
(l) Motor vehicles owned by recipients of the Congressional Medal of Honor or by former prisoners of war, or by spouses of such deceased persons, in accordance with Section 27-19-54.
(m) (i) One (1) private carrier of passengers, as defined in Section 27-19-3, owned by any religious society, ecclesiastical body or any congregation thereof which is used exclusively for such society and not for profit.
(ii) All motor vehicles owned by any such religious society or any educational institution having a seating capacity greater than seven (7) passengers and used exclusively for transporting passengers for religious or educational purposes and not for profit.
(n) All motor vehicles primarily used as rentals under rental agreements with a term of not more than thirty (30) continuous days each and under the control of persons who are engaged in the business of renting such motor vehicles and who are subject to the tax under Section 27-65-231.
(o) Antique motorcycles as defined in Section 27-19-47.1.
(p) One (1) motor vehicle owned by a recipient of the Purple Heart, and one (1) motor vehicle owned by the unremarried surviving spouse of a recipient of the Purple Heart, as provided in Section 27-19-56.5.
(q) Motor vehicles that are eligible to display an authentic historical license plate as provided for in Section 27-19-56.11.
(r) Motor vehicles that are (i) designed or adapted to be used exclusively in the preparation and loading of chemicals or other material for aerial agricultural application to crops; and (ii) only incidentally used on public roadways in this state.
(s) One (1) motor vehicle owned by the mother of a service member who was killed in action or died in a combat zone after September 11, 2001, while serving in the Armed Forces of the United States as provided for in Section 27-19-56.162.
(t) One (1) motor vehicle owned by the unremarried spouse of a service member who was killed in action or died in a combat zone after September 11, 2001, while serving in the Armed Forces of the United States as provided for in Section 27-19-56.162.
(u) Buses and other motor vehicles that are (a) owned and operated by an entity that has entered into a contract with a school board under Section 37-41-31 for the purpose of transporting students to and from schools and (b) used by the entity for such transportation purposes. This paragraph (u) shall apply to contracts entered into or renewed on or after July 1, 2010.
(v) One (1) motor vehicle owned by a recipient of the Silver Star, and one (1) motor vehicle owned by the unremarried surviving spouse of a recipient of the Silver Star, as provided in Section 27-19-56.284.
(w) One (1) motor vehicle owned by a person who is a law enforcement officer and who (i) was wounded or otherwise received intentional or accidental bodily injury, regardless of whether occurring before or after July 1, 2014, while engaged in the performance of his official duties, provided the wound or injury was not self-inflicted, (ii) was required to receive medical treatment for the wound or injury due to the nature and extent of the wound or injury, and (iii) is eligible to receive a special license plate or tag under Section 27-19-56 as a result of such wound or injury, regardless of whether the person obtains such a plate or tag. Application for the exemption provided in this paragraph (w) may be made at the time of initial registration of a vehicle and renewal of registration. In addition, an applicant for the exemption must provide official written documentation that (i) the applicant is a law enforcement officer who was wounded or otherwise received intentional or accidental bodily injury while engaged in the performance of his official duties and that the wound or injury was not self-inflicted along with official written documentation verifying receipt of medical treatment for the wound or injury and the nature and extent of the wound or injury, and (ii) the applicant is eligible to receive a special license plate or tag under Section 27-19-56 as a result of such wound or injury, regardless of whether the person obtains such a plate or tag.
(x) One (1) motor vehicle owned by an honorably discharged veteran of the Armed Forces of the United States who served during World War II, and one (1) motor vehicle owned by the unremarried surviving spouse of such veteran, as provided in Section 27-19-56.438.
(y) Motor vehicles in an "employee incentive program" as defined in Section 1 of this act.
(3) Any claim for tax exemption by authority of the above-mentioned code sections or by any other legal authority shall be set out in the application for the road and bridge privilege license, and the specific legal authority for such tax exemption claim shall be cited in said application, and such authority cited shall be shown by the tax collector on the tax receipt as his authority for not collecting such ad valorem taxes, and the tax collector shall carry forward such information in his tax collection reports.
(4) Any motor vehicle driven over the highways of this state to the extent that the owner of such motor vehicle is required to purchase a road and bridge privilege license in this state, yet the legal situs of such motor vehicle is located in another state, shall be exempt from ad valorem taxes authorized by this chapter.
(5) If a taxpayer shall sell, trade or otherwise dispose of a vehicle on which the ad valorem and road and bridge privilege taxes have been paid in any county in the state, he shall remove the license plate from the vehicle. Such license plate must be surrendered to the issuing authority with the corresponding tax receipt, if required, and credit shall be allowed for the taxes paid for the remaining tax year on like privilege or ad valorem taxes due on another vehicle owned by the seller or transferor or by the seller's or transferor's spouse or dependent child. If the seller or transferor does not elect to receive such credit at the time the license plate is surrendered, the issuing authority shall issue a certificate of credit to the seller or transferor, or to the seller's or transferor's spouse or dependent child, or to any other person, business or corporation, at the direction of the seller or transferor, for the remaining unexpired taxes prorated from the first day of the month following the month in which the license plate is surrendered. The total of such credit may be used by the person or entity to whom the certificate of credit is issued, regardless of the relative amounts attributed to privilege taxes or to county, school or municipal ad valorem taxes. Any credit allowed for taxes due or any certificate of credit issued may be applied to like taxes owed in any county by the person to whom the credit is allowed or by the person possessing the certificate of credit. No credit, however, shall be allowed on the charge made for the license plate. Such license plates surrendered to the tax collector shall be retained by him, and in no event shall such license plate be attached to any vehicle after being surrendered to the tax collector, nor shall any license plate be transferred from one (1) vehicle to any other vehicle.
(6) If the person owning a vehicle subject to taxation under the provisions of this chapter does not operate such vehicle on the highways of this state from the date of acquisition or, if previously registered, from the end of the anniversary month of the tag and decals to the date on which he makes application for a current license tag or decals, he shall pay such ad valorem tax for a period of twelve (12) months beginning with the first day of the month in which he applies for a current license tag or decals under Chapter 19, Title 27, Mississippi Code of 1972. The owner shall submit an affidavit with an application attesting to the fact that the vehicle was not operated on the highways of this state from the date of acquisition or, if previously registered, from the end of the anniversary month of the tag and decals to the date on which he makes application for the current license tag or decals.
(7) Any person found violating any of the provisions of this section shall be arrested and tried, and if found guilty shall be fined in an amount double the total amount of taxes involved.
SECTION 3. This act shall take effect and be in force from and after July 1, 2018.