House Bill 1804

AN ACT TO AMEND CHAPTER 866, LOCAL AND PRIVATE LAWS OF 1992, AS LAST AMENDED BY CHAPTER 920, LOCAL AND PRIVATE LAWS OF 2004, TO AUTHORIZE THE BOARD OF SUPERVISORS OF TUNICA COUNTY, MISSISSIPPI, TO EXPEND CERTAIN GAMING REVENUE THAT IS DERIVED FROM SPORTS POOL WAGERING TO BE UTILIZED TO CONSTRUCT A SCHOOL WITHIN THE TUNICA COUNTY SCHOOL DISTRICT PROVIDED CERTAIN CONDITIONS ARE MET; AND FOR RELATED PURPOSES.

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

SECTION 1. Chapter 866, Local and Private Laws of 1992, as amended by Chapter 952, Local and Private Laws of 1993, as amended by Chapter 945, Local and Private Laws of 1994, as amended by Chapter 942, Local and Private Laws of 1995, as amended by Chapter 919, Local and Private Laws of 1997, as amended by Chapter 948, Local and Private Laws of 1998, as amended by Chapter 1034, Local and Private Laws of 1999, as amended by Chapter 973, Local and Private Laws of 2001, as amended by Chapter 920, Local and Private Laws of 2004, is amended as follows:

Section 1. (1) (a) The Board of Supervisors of Tunica County, Mississippi, is authorized to impose a fee in an amount not to exceed three and two-tenths percent (3.2%) of the gross gaming revenue of a gaming vessel per calendar month, on any vessel docked on Buck Lake, Mhoon Landing or on any other navigable waters that have been zoned for gaming by the Tunica County Board of Supervisors as defined in Section 27-109-1, Mississippi Code of 1972, which is located in or which is contiguous to Tunica County.

(b) If the amount of fees required to be reported and paid pursuant to this section is later determined to be greater or less than the amount actually reported and paid by the vessel, the * * *~~Chairman~~ Commissioner of the * * *~~State Tax Commission~~ Department of Revenue shall:

(i) Assess and collect the additional fees determined to be due, with interest thereon until paid; or

(ii) Advise the governing authority to refund any overpayment, with interest thereon, to the vessel. Interest must be computed, until paid, at the rate of one percent (1%) per month from the first day of the first month following either the due date of the additional fee or the date of overpayment.

(2) (a) The * * *~~State Tax Commission~~ Department of Revenue shall calculate, collect and enforce the collection of the fee as provided for the calculation, collection and enforcement of the license fee under Section 75-76-177, Mississippi Code of 1972. Not less than thirty (30) days before the effective date of the fee, the board of supervisors shall furnish the * * *~~State Tax Commission~~ Department of Revenue a certified copy of the resolution enacting the fee and establishing the effective date, which shall be the first day of any month. The proceeds of such tax shall be paid to Tunica County on or before the tenth day of the month following the month in which collected.

(b) The proceeds of the tax paid to Tunica County shall be deposited into the county treasury and shall be expended by the county as follows:

(i) Twelve percent (12%) shall be deposited in the county general road fund and may be expended for any of the purposes for which monies in the general road fund of the county may be expended;

(ii) Sixty-four percent (64%) shall be deposited into a special fund in the county treasury and may be expended:

1. For the construction, support or maintenance of roads and bridges, public or nonprofit water and sewer systems, public or nonprofit airports, public or nonprofit convention centers, storm water drainage and flood prevention, public recreation uses, public buildings, public education facilities, medical facilities and public transportation systems; 2. To pay and/or reduce any indebtedness incurred with regard to any projects described in paragraph (b)(ii)1; * * * or

3. For the construction of a school in the Tunica County School District from any gaming revenue derived from "sports pool" wagering as defined under Section 75-76-5, Mississippi Code of 1972, under the Mississippi Gaming Control Act. However, before such proceeds may be expended for purposes prescribed under this item 3, the Board of Supervisors of Tunica County and the Tunica County School District shall enter into a memorandum of understanding concerning how such proceeds shall be expended by the school district as provided under this subparagraph 3; or

* * *34. For any of the purposes for which monies in the county general fund may be expended.

No funds deposited into the special fund shall be expended on projects related to the sale or distribution of gas or electricity;

(iii) Twelve percent (12%) shall be expended for educational purposes in Tunica County;

(iv) Ten percent (10%) shall be paid to the Town of Tunica for deposit into the general fund of the municipality for expenditure for the purposes of the support, operation or maintenance of fire protection, streets, sidewalks and related structures, libraries, airports, municipal water and sewer systems both within and outside the corporate limits, municipal buildings, parks and recreation, the police department, supervision and finance, advertising and bringing into favorable notice the opportunities, possibilities and resources of the municipality, and debt service as to existing outstanding debt of the municipality as of the effective date of this act; and

(v) Two percent (2%) shall be expended for educational purposes in Tunica County which shall include and be limited to teacher's salary supplementation and teacher training.

(3) The board of supervisors may decrease the fee or increase the fee up to an amount equal to, but not exceeding, three and two-tenths percent (3.2%) of the gross revenue of the vessels annually. The * * *~~State Tax Commission~~ Department of Revenue shall be notified not less than thirty (30) days before the effective date of the change.

SECTION 2. This act shall take effect and be in force from and after its passage.