House Bill 1611

AN ACT TO AUTHORIZE THE GOVERNING AUTHORITIES OF THE CITY OF FLOWOOD, MISSISSIPPI, TO LEVY SALES TAX IN THE AMOUNT OF 3% UPON THE GROSS PROCEEDS OF SALES OF ROOM RENTALS OF HOTEL AND MOTEL ROOMS IN THE CITY; TO PROVIDE THAT THE TAX LEVY SHALL BE USED FOR THE PURPOSE OF PAYING ANY DEBT INCURRED IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION, EXPANDING, IMPROVING, FURNISHING, EQUIPPING AND REPAIRING OF A CONFERENCE CENTER AND RELATED AND ANCILLARY FACILITIES; TO REQUIRE THAT AN ELECTION BE HELD ON THE QUESTION OF THE IMPOSITION OF SUCH TAX; AND FOR RELATED PURPOSES.

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

SECTION 1. As used in this act:

(a) "Bond" or "bonds" means bonds, notes or other obligations of the city issued, in one or more series, from time to time, pursuant to this act.

(b) "City" means the City of Flowood, Mississippi.

(d) "Hotel" or "motel" means and includes a place of lodging that at any one time will accommodate transient guests on a daily, weekly or monthly basis and that is known to the trade as such, and which is located within the city limits of the city.

SECTION 2. (1) For the purpose of providing funds for the acquisition, construction, reconstruction, expanding, improving, furnishing, equipping and repairing of a conference center in the city, and for the payment of any debt incurred in connection therewith, there is levied and assessed and shall be collected from every person engaged in operating a hotel or motel, in addition to all other taxes currently being levied, assessed and collected, a tax of three percent (3%) of the gross proceeds of sales of room rentals of hotel and motel rooms for each such hotel and motel.

(2) Persons liable for the tax imposed in this section shall add the amount of the tax to the sales price, as applicable, and, in addition, shall collect, insofar as practicable, the amount of the tax due by them from the person receiving the services at the time of payment for the services.

SECTION 3. (1) The tax shall be collected by and paid to the Department of Revenue in the same manner that state sales taxes are computed, collected and paid, and the full enforcement provisions of Chapter 65, Title 27, Mississippi Code of 1972, shall apply as necessary to the implementation and administration of this act.

(2) Except for any amount retained by the Department of Revenue under Section 27-3-58, Mississippi Code of 1972, the proceeds of the tax shall be paid to the city on or before the fifteenth day of the month following the month in which they were collected.

(3) Accounting for receipts and expenditures of the revenue from the tax shall be made separately from the accounting of receipts and expenditures of the general fund and any other funds of the city. The records reflecting the receipts and expenditures of the revenue from the tax shall be audited annually by an independent certified public accountant, and the accountant shall make a written report of his audit to the governing authorities. The audit shall be made and completed as soon as practicable after the close of the fiscal year, and expenses of the audit shall be paid from the funds derived pursuant to this act.

(4) The proceeds of the tax shall not be considered by the city as general fund revenues and shall be placed into a special fund created separate and apart from any other fund of the city.

(5) The authority to levy the tax shall be repealed on the first day of the month immediately succeeding the payment in full of the principal of and interest on all bonds issued pursuant to this act. The balance of any funds remaining in the special fund described in subsection (4) of this section after final payment of all principal of and interest on the bonds shall be deposited into the general fund of the city.

SECTION 4. Before any tax authorized under this act may be imposed, the governing authorities shall adopt a resolution declaring their intention to levy the tax, setting forth the amount of the tax to be imposed, the date upon which the tax shall become effective, and calling for an election to be held on the question. The date of the election shall be fixed in the resolution. Notice of such intention shall be published once each week for at least three (3) consecutive weeks in a newspaper published or having a general circulation in the city, with the first publication of the notice to be made not less than twenty-one (21) days before the date fixed in the resolution for the election and the last publication to be made not more than seven (7) days before the election. At the election, all qualified electors of the city may vote, and the ballots used in the election shall have printed thereon a brief statement of the amount and purposes of the proposed tax levy and the words "FOR THE TAX" and, on a separate line, "AGAINST THE TAX," and the voters shall vote by placing a cross (X) or check (ü) opposite their choice on the proposition. When the results of the election shall have been canvassed and certified, the city may levy the tax if sixty percent (60%) of the qualified electors who vote in the election vote in favor of the tax. At least thirty (30) days before the effective date of the tax provided in this section, the governing authorities shall furnish to the Department of Revenue a certified copy of the resolution evidencing the tax.

SECTION 5. This act shall take effect and be in force from and after its passage.