Bill Text: MS HB4183 | 2026 | Regular Session | Introduced
Bill Title: City of Laurel; revise use of the proceeds from recreation and public improvement promotion tax.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2026-04-15 - Died In Committee [HB4183 Detail]
Download: Mississippi-2026-HB4183-Introduced.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Local and Private Legislation
By: Representative Scott
House Bill 4183
AN ACT TO AMEND CHAPTER 983, LOCAL AND PRIVATE LAWS OF 1996, AS AMENDED BY CHAPTER 957, LOCAL AND PRIVATE LAWS OF 1998, TO PROVIDE THAT THE GOVERNING AUTHORITIES OF THE CITY OF LAUREL, MISSISSIPPI, SHALL CEASE THE USE OF A CERTAIN PORTION OF THE PROCEEDS FROM THE RECREATION AND PUBLIC IMPROVEMENT PROMOTION TAX AND THE PROCEEDS OF CERTAIN BONDS FROM BEING UTILIZED TO FUND THE CONSTRUCTION AND EQUIPPING OF IMPROVEMENTS AT THE FAIRGROUND COMPLEX; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Chapter 983, Local and Private Laws of 1996, as amended by Chapter 957, Local and Private Laws of 1998, is amended as follows:
Section 1. As used in this act, the following words shall have the meanings ascribed to them in this section unless otherwise clearly indicated by the context in which they are used:
(a) "Act" shall mean this act.
(b) "City" shall mean the City of Laurel, Mississippi.
(c) "Fair Commission" shall mean the South Mississippi Fair Commission created pursuant to Chapter 990, Local and Private Laws of 1994.
(d) "Fairground complex" shall mean the land and improvements thereon commonly known as the South Mississippi Fairground, which land and improvements are subject to the jurisdiction of the South Mississippi Fair Commission.
(e) "Governing * * * authorities" shall mean the
mayor and city council of the city.
(f) "Hotel" or "motel" shall mean a place of lodging within the city that at any one time will accommodate transient guests on a daily or weekly basis, excluding hotels or motels with ten (10) or less overnight rental units.
(g) "Project" shall mean (i) land and improvements thereon to be used for recreation facilities within or in close proximity to the corporate limits of the city that are open and available to the general public and used for general public purposes that may be funded with the proceeds of the tax authorized to be levied pursuant to this act, including the operation and maintenance of such facilities, and (ii) the construction and equipping of improvements at the fairground complex.
(h) "Restaurant" shall mean and include all places within the city where prepared foods and beverages are sold for consumption, whether such foods are prepared or consumed on the premises or not. "Restaurant" as defined herein does not include any school, hospital, convalescent or nursing home, or any restaurant-like facility operated by or in connection with a school, hospital, medical clinic, convalescent or nursing home providing food for students, patients, visitors and their families, or any restaurant having annual gross sales of less than One Hundred Thousand Dollars ($100,000,00).
(i) "Tax" shall mean the sales tax authorized by Section 3 of this act.
Section 2. In addition to
the power and authority granted under this act, the governing * * * authorities shall have jurisdiction
and authority over all matters relating to the promotion, establishment,
development, construction, furnishing and equipping of the project, including
the authority to enter into such contracts and agreements as may be necessary
to carry out the intent of this act. In carrying out the provisions of this
act, the governing * * *
authorities shall adhere to the provisions of the public purchasing
laws, public works contracts laws and public bid laws as provided by the laws
of the State of Mississippi, except as may be expressly otherwise provided for
herein.
The governing * * * authorities (a) may receive
and expend, subject to the provisions of this act, revenues from any source for
the purposes enumerated herein; and (b) shall make available to the Fair
Commission, for the purpose of constructing and equipping public improvements
and facilities at the fairground complex, not less than one-third (1/3) of the
proceeds from the increased taxes as described in Section 4(2) of House Bill
No. 1868, 1998 Regular Session, and not less than one-third (1/3) of the
proceeds from the issuance of any bonds under House Bill No. 1868, 1998 Regular
Session, after the date that House Bill No. 1868, 1998 Regular Session, becomes
effective. Provided, however, from and after the effective date of House
Bill No. , 2026 Regular Session, the governing authorities shall cease the
utilization of the proceeds from the taxes prescribed under Section 4(2) of
this act as well as the proceeds from the issuance of any bonds as authorized
under this act for projects as defined under Section 1(g)(ii) of this act.
Section 3. (1) For the purpose of providing funds for the promotion, establishment, development, construction, furnishing, equipping, erection, operation and maintenance of the project, there is hereby levied, assessed and shall be collected from every person engaging in or doing business in the city, as provided in subsection (2) of this section, a tax which may be cited as the "recreation and public improvement promotion tax," which shall be in addition to all other taxes now imposed.
(2) Such tax shall be in an amount not to exceed two percent (2%) of the gross proceeds derived from hotel and motel room rentals and retail sales of restaurants, including, but not limited to, sales of beer and alcoholic beverages sold by an on-premises Alcoholic Beverage Control permit holder.
(3) Persons, firms and corporations liable for the tax imposed herein shall add the amount of tax to the sales price of or gross income from the goods, products and services subject to the tax and, in addition thereto, shall collect insofar as practicable the amount of the tax due by them from the person receiving the services or goods at the time of payment therefor.
(4) Such tax shall be
collected as set forth in subsection (3) above and paid to the * * * Department of Revenue,
on a form prescribed by 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.
(5) The proceeds of the
tax, less three percent (3%) to be retained by the * * * Department of Revenue
to defray the cost of collection, shall be paid to the city on or before the
fifteenth day of the month following the month in which they were collected.
(6) The proceeds of the tax shall not be considered by the city as general fund revenues but shall be dedicated solely for the purpose of constructing, operating and maintaining the project as provided for under House Bill No. 1868, 1998 Regular Session. However, from and after the effective date of House Bill No. , 2026 Regular Session, the proceeds of the tax shall not be used for any project as defined under Section 1 (g)(ii) of this act.
(7) At such times as (a) all principal, interest, costs and other expenses for all bonds, notes or other borrowings under this act have been paid and are completely satisfied, or (b) there exists in any special account established to retire such bonds, notes or other borrowings an amount on deposit which, together with any earnings on investments to accrue to the account, is equal to or greater than the amount necessary to pay such indebtedness, then the city may set the tax being levied hereunder at a rate the avails of which will not exceed the amount necessary to pay continuing operation and maintenance costs of the project but in no event to exceed one-half (1/2) of the maximum tax authorized and levied under Section 3(2) of this act.
Section 4. (1) Before the
taxes authorized by Chapter 983, Local and Private Laws of 1996, may be
imposed, the governing * * *
authorities of the city shall adopt a resolution declaring their
intention to:
(a) Levy the tax, setting forth the amount of such tax and establishing the date on which the tax initially shall be levied and collected; and
(b) Issue bonds of the
city to provide funds to defray the cost of the project, setting forth the
estimated amount of bonds to be issued and a general description of the
project, if the governing * * *body authorities elects to include provisions for
issuance of bonds in such resolution.
The resolution shall state
the time, date and place upon which the governing * * * authorities shall take action to
authorize and direct levying the tax and, if applicable, the issuance of
bonds. The resolution shall be published in a local newspaper at least three
(3) times over three (3) consecutive weeks, with the last publication made no
less than seven (7) days prior to the date set forth in the resolution on which
the governing * * *
authorities would proceed to levy the tax and, if applicable, issue the
bonds.
If, after giving notice,
twenty percent (20%) or fifteen hundred (1500), whichever is less, of the
qualified electors of the city shall file a written petition against the levy
of such tax or the issuance of the bonds, or both, at or prior to the time and
date set forth in the resolution, then such tax shall not be levied and the
bonds shall not be issued unless authorized by a majority of the qualified
electors of the city voting at an election to be called and held for such
purpose or purposes. The election shall be conducted in the manner as other
city elections, and the governing * * * authorities shall direct the city
election commissioners to conduct such election.
The effective date of such
tax levy shall not be sooner than the first day of the second month from the
date the governing * * *
authorities adjudicated no protest to levying the tax or the date of a
favorable election on the question of levying the tax, as the case may be. If
no protest or an insufficient protest is presented, the bonds may be issued at
any time within two (2) years of the date the governing * * * authorities adjudicates no protest
or, in the alternative, within two (2) years of a favorable election on the
issuance of the bonds.
Before the effective date of
tax levy approved under this subsection (1), the governing * * * authorities shall furnish a
certified copy of the resolution evidencing such tax levy to the Chairman of
the State Tax Commission.
(2) Before any tax may be
imposed under Section 3(2) of House Bill No. 1868, 1998 Regular Session, that
exceeds the amount of such tax that was authorized to be imposed under Chapter
983, Local and Private Laws of 1996, the governing * * * authorities of the city shall adopt
a resolution declaring its intention to levy the tax, setting forth the amount
of such tax to be imposed, the date upon which such tax shall become effective
and calling for a referendum to be held on the question. The date of the
election shall be determined upon agreement of the governing * * * authorities and the Board of
Supervisors of Jones County. 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 county, with the first publication of such
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 county qualified
electors (including municipal qualified electors) may vote, and the ballots
used in such election shall have printed thereon a brief statement of the
amount and purposes of the proposed tax levy and the words "FOR THE
RECREATION AND PUBLIC IMPROVEMENT PROMOTION TAX" and, on a separate line,
"AGAINST THE RECREATION AND PUBLIC IMPROVEMENT PROMOTION TAX," and
the voters shall vote by placing a cross (X) or check (_) opposite their choice
on the proposition. When the results of any such election shall have been
canvassed by the election commission of the county and certified, the city may
levy the tax if a majority of the qualified electors who vote in the election
vote in favor of the tax.
Section 5. The governing * * * authorities shall adopt its first
budget of receipts and expenditures to cover the period beginning with the
effective date of the tax and ending with the end of the city's fiscal year;
and, thereafter, the budget shall be on the same fiscal basis as the budget of
the city.
Section 6. Accounting for
receipts and expenditures of the funds herein described shall be made separate
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 funds prescribed herein shall be audited annually as a part of the
annual audit of the city or by independent audit if so determined by the
governing * * *
authorities. Such audit shall be made and completed as soon as
practicable after the close of the fiscal year, and expenses of such audit may
be paid from the funds derived pursuant to Section 3 of this act.
Section 7. The governing * * * authorities of the city may borrow
money for the purposes set forth in this act in any one or any combination of
the following methods. The city is authorized to issue, from time to time,
negotiable bonds of the city for the purposes set forth in Section 2 of this
act and to pay for costs of issuing the bonds (including bond insurance, credit
enhancements, rating agency fees and legal fees and expenses), which bonds may
be secured by all or any portion of the tax revenue generated in Section 3 of
this act, along with such other security as may be provided by the city. The
city is further authorized to incur debt, borrow funds and/or issue bonds for
the purposes set forth in Section 2 herein pursuant to Section 31-25-1 et seq.,
Mississippi Code of 1972. Revenue bonds authorized to be issued or debt
incurred under this act shall not be included within the limitation on
indebtedness imposed in Section 21-33-303, Mississippi Code of 1972.
The city is hereby further authorized to issue general obligation bonds of the city pursuant to Section 21-33-301, Mississippi Code of 1972; provided, however, that upon compliance with the public notice requirements set forth in Section 4 of this act, compliance with Sections 21-33-307 through 21-33-329, Mississippi Code of 1972, shall not be required. General obligation bonds issued pursuant to this paragraph shall be exempt from the debt limit imposed by Section 21-33-303, Mississippi Code of 1972, to the extent that such debt is paid with the tax revenues generated pursuant to Section 3 hereof and not with an ad valorem tax levy.
Section 8. If the city elects to issue revenue bonds to defray the cost of the project, such bonds may be serial or term; redeemable, with or without premium, or nonredeemable and registered with registration privileges as to principal and interest; shall bear interest at a rate to be determined pursuant to the sale of the bonds; and shall be payable at such time or times as shall be prescribed in the ordinance authorizing them. The bonds shall mature at such time or times, not exceeding the estimated life of the improvements and in no event longer than thirty (30) years from their date, and at such place or places as shall be prescribed in the ordinance authorizing their issuance. All bonds and interest thereon issued pursuant to the authority granted in this act shall possess all the qualities of negotiable instruments. The bonds shall be executed in such manner, and shall be substantially in the form, prescribed in the authorizing ordinance. In case any of the officers whose signatures or countersignatures appear on the bonds shall cease to be such officers before delivery of such bonds, such signatures or countersignatures shall nevertheless be valid and sufficient for all purposes the same as if they had remained in office until such delivery. No bond shall bear more than one (1) rate of interest. Each bond shall bear interest from its date to its stated maturity date at the interest rate specified in the bid. All bonds of the same maturity shall bear the same rate of interest from date to maturity. All interest accruing on such bonds so issued shall be payable semiannually or annually, except that the first interest payment on any such bond may be for any period not exceeding two (2) years.
No interest payment shall be
evidenced by more than one (1) rate of interest. The lowest interest rate
specified for any bonds issued shall not be less than seventy percent (70%) of
the highest interest rate specified for the same bond issue. Such bonds shall
be sold in such manner and upon such terms as the governing * * * authorities of the city shall
determine, provided that such bonds shall not bear a greater overall maximum
interest rate to maturity than that allowed in Section 75-17-103, Mississippi
Code of 1972, and the interest rate on any one (1) interest maturity shall not
exceed the maximum interest rate allowed on such bonds. Each interest rate
specified in any bid must be in multiples of one-eighth of one percent (1/8 of
1%) or in multiples of one-tenth of one percent (1/10 of 1%). If the bonds are
serial bonds, such bonds shall mature annually, and the first maturity date
thereof shall not be more than two (2) years from the date of such bonds. Such
bonds shall be legal investments for trustees and other fiduciaries, and for
savings banks, trust companies and insurance companies organized under the laws
of the State of Mississippi. The bonds and interest thereon shall be exempt
from all state, county, municipal and other taxation under the laws of the
State of Mississippi. The principal of and interest on such bonds shall be
payable solely from the revenues derived from levying the tax described in
Section 3 of this act and such other security as may be provided by the city.
No bond issued pursuant to the authority granted in this section shall
constitute an indebtedness of a municipality within the meaning of any
statutory or charter restriction, limitation or provision. It shall be plainly
stated on the face of each such bond in substance that the same has been issued
pursuant to the authority granted in this act and that the taxing power of the
city is not pledged to the payment of such bond or interest thereon, and that
such bond and the interest thereon are payable solely from the revenues derived
from levying the tax described in Section 3 hereof and such other security as
may be provided by the city.
Such bonds shall be sold at public or private sale and, if sold at public sale, shall be sold in the manner provided by Section 31-19-25, Mississippi Code of 1972.
The city is hereby authorized to employ investment bankers, underwriters, financial advisors, legal counsel, bond counsel and such other required professionals and to pay the fees and expenses incidental thereto.
Section 9. This act, without reference to any other statute not referred to herein, shall be deemed to be full and complete authority to carry out the activities set forth herein, including levying the tax authorized pursuant to Section 3 hereof, borrowing money and issuing bonds, and shall be construed as an additional and alternate method therefor.
Section 10. Any bonds issued under the provisions of this act may be validated in the manner provided by law.
Section 11. The governing * * * authorities of the city is further
authorized and empowered to adopt any and all lawful resolutions, orders or
ordinances; execute and deliver such agreements, contracts, indentures and
certificates; and do and perform any and all other acts and things necessary
and requisite to levy the tax, issue the bonds and carry out the purposes of
this act.
* * *
Section 12. This act shall take effect and be in force from and after its passage.
SECTION 2. This act shall take effect and be in force from and after its passage.
