MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Ways and Means

By: Representative Zuber

House Bill 231

AN ACT TO AMEND SECTION 27-19-21, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE ADDITIONAL ANNUAL TAX IMPOSED ON ELECTRIC VEHICLES SHALL NOT BE IMPOSED ON SUCH VEHICLES THAT ARE LOW SPEED VEHICLES; AND FOR RELATED PURPOSES. 

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

     SECTION 1.  Section 27-19-21, Mississippi Code of 1972, is amended as follows:

     27-19-21.  (1)  For the purposes of this section, the term "electric vehicle" means a vehicle that is powered solely by an electric motor drawing current from rechargeable batteries, fuel cells, or other portable sources of electrical current, is manufactured primarily for use on public streets, roads and highways, and is required to have a license tag under Section 27-19-1 et seq., for operation on public streets, roads and highways.

     (2)  (a)  Subject to the provisions of this section, there is imposed an annual tax on each electric vehicle, which shall be in addition to any other taxes for which the vehicle is liable.  The tax shall be paid to the county tax collector at the same time and in the same manner as the annual highway privilege tax is paid.  The amount of the tax shall be One Hundred Fifty Dollars ($150.00).  The tax shall not be imposed on an electric vehicle that is a low speed vehicle.  For the purposes of this paragraph (a), the term "low speed vehicle" means a vehicle that meets the requirements of 49 CFR 571.500 and for which the manufacturer's certificate of origin clearly identifies the vehicle as a low speed vehicle.  In addition, the vehicle identification number (VIN) assigned to the low speed vehicle by the original manufacturer must be a low speed vehicle-specific VIN.

          (b)  Beginning July 1, 2021, and each succeeding July 1 thereafter, the rate of the tax imposed under this section and in effect at the end of the preceding state fiscal year shall be adjusted by increasing the tax by a percentage amount equal to the United States inflation rate for the previous calendar year ending on December 31 as certified by the Department of Finance and Administration.  The United States inflation rate for a calendar year shall be the Consumer Price Index for the calendar year for urban consumers as calculated by the Bureau of Labor Statistics of the United States Department of Labor.  In adjusting the amount of the tax, amounts equal to or greater than Fifty Cents (50¢) shall be rounded to the next highest whole dollar.

     (3)  The tax collector shall have a special designation for electric vehicles in the vehicle records of the tax collector's office so that the owners of electric vehicles will be provided with the proper forms for paying the tax imposed by this section.

     (4)  The tax collector shall remit the proceeds of the tax collected under this section to the Department of Revenue, and the department shall apportion the proceeds of the tax among the various purposes specified in Section 27-5-101 for gasoline and diesel fuel taxes in the same proportion that those taxes were apportioned for those purposes during the previous state fiscal year and such funds shall be used solely for the repair and maintenance of roads, streets and bridges.

     (5)  The Department of Revenue shall have all of the power and authority that it has for enforcement of the motor vehicle privilege tax laws (Section 27-19-1 et seq.) to enforce the provisions of this section.  The Commissioner of Revenue may adopt any rules or regulations that he deems necessary for the proper administration of this section.

     SECTION 2.  This act shall take effect and be in force from and after October 1, 2020.