HB 1002...What do you think?

Following is MS House Bill 1002 (2004) Be patient with the formatting.  I don't know what is wrong with this site.  Argh...

The trial was supposed to be last Fri, 15 May 2015.  The new court date is 18 Jun 2015.  I am anxious for this whole thing to be settled.

H. B. No. 1002 *HR03/R1367SG* N3/5

04/HR03/R1367SG
 

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To: Local and Private Legislation

 

 

 

 

 

 

 

 

MISSISSIPPI LEGISLATURE REGULAR SESSION 2004

By: Representatives Mayo, Burnett

HOUSE BILL NO. 1002

(As Sent to Governor)

1 AN ACT TO AMEND CHAPTER 866, LOCAL AND PRIVATE LAWS OF 1992,

2 AS LAST AMENDED BY CHAPTER 973, LOCAL AND PRIVATE LAWS OF 2001, TO

3 REVISE THE DISTRIBUTION OF THE GAMING REVENUE TAX IMPOSED BY THE

4 BOARD OF SUPERVISORS OF TUNICA COUNTY; AND FOR RELATED PURPOSES.

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

6 SECTION 1. Chapter 866, Local and Private Laws of 1992, as

7 amended by Chapter 952, Local and Private Laws of 1993, as amended

8 by Chapter 945, Local and Private Laws of 1994, as amended by

9 Chapter 942, Local and Private Laws of 1995, as amended by Chapter

10 919, Local and Private Laws of 1997, as amended by Chapter 948,

11 Local and Private Laws of 1998, as amended by Chapter 1034, Local

12 and Private Laws of 1999, as amended by Chapter 973, Local and

13 Private Laws of 2001, is amended as follows:

14 Section 1. (1) (a) The Board of Supervisors of Tunica

15 County, Mississippi, is authorized to impose a fee in an amount

16 not to exceed three and two-tenths percent (3.2%) of the gross

17 gaming revenue of a gaming vessel per calendar month, on any

18 vessel docked on Buck Lake, Mhoon Landing or on any other

19 navigable waters that have been zoned for gaming by the Tunica

20 County Board of Supervisors as defined in Section 27-109-1,

21 Mississippi Code of 1972, which is located in or which is

22 contiguous to Tunica County. 

23 (b) If the amount of fees required to be reported and

24 paid pursuant to this section is later determined to be greater or

25 less than the amount actually reported and paid by the vessel, the

26 Chairman of the State Tax Commission shall:

27 (i) Assess and collect the additional fees

28 determined to be due, with interest thereon until paid; or

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29 (ii) Advise the governing authority to refund any

30 overpayment, with interest thereon, to the vessel. Interest must

31 be computed, until paid, at the rate of one percent (1%) per month

32 from the first day of the first month following either the due

33 date of the additional fee or the date of overpayment.

34 (2) (a) The State Tax Commission shall calculate, collect

35 and enforce the collection of the fee as provided for the

36 calculation, collection and enforcement of the license fee under

37 Section 75-76-177, Mississippi Code of 1972. Not less than thirty

38 (30) days before the effective date of the fee, the board of

39 supervisors shall furnish the State Tax Commission a certified

40 copy of the resolution enacting the fee and establishing the

41 effective date, which shall be the first day of any month. The

42 proceeds of such tax shall be paid to Tunica County on or before

43 the tenth day of the month following the month in which collected.

44 (b) The proceeds of the tax paid to Tunica County shall

45 be deposited into the county treasury * * * and shall be expended

46 by the county as follows:

47 (i) Twelve percent (12%) shall be deposited in the

48 county general road fund and may be expended for any of the

49 purposes for which monies in the general road fund of the county

50 may be expended; * * * Blogger: Doesn't say when the 12% is to be paid.

51 (ii) Sixty-four percent (64%) shall be deposited

52 into a special fund in the county treasury and may be expended:

53 1. For the construction, support or

54 maintenance of roads and bridges, public or nonprofit water and

55 sewer systems, public or nonprofit airports, public or nonprofit

56 convention centers, storm water drainage and flood prevention,

57 public recreation uses, public buildings, public education

58 facilities, medical facilities and public transportation systems;

59 2. To pay and/or reduce any indebtedness

60 incurred with regard to any projects described in paragraph

61 (b)(ii)1; or

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ST: Tunica County; revise distribution of

gaming revenue tax.

62 3. For any of the purposes for which monies

63 in the county general fund may be expended.

64 No funds deposited into the special fund shall be expended on

65 projects related to the sale or distribution of gas or

66 electricity;

67 (iii) Twelve percent (12%) shall be expended for

68 educational purposes in Tunica County; Blogger: Doesn't say when this 12% is to be paid.

69 (iv) Ten percent (10%) shall be paid to the Town

70 of Tunica for deposit into the general fund of the municipality

71 for expenditure for the purposes of the support, operation or

72 maintenance of fire protection, streets, sidewalks and related

73 structures, libraries, airports, municipal water and sewer systems

74 both within and outside the corporate limits, municipal buildings,

75 parks and recreation, the police department, supervision and

76 finance, advertising and bringing into favorable notice the

77 opportunities, possibilities and resources of the municipality,

78 and debt service as to existing outstanding debt of the

79 municipality as of the effective date of this act;(Blogger's Note 1 below)
 Blogger: Doesn't say when this 10% is to be paid. and

80 (v) Two percent (2%) shall be expended for

81 educational purposes in Tunica County which shall include and be

82 limited to teacher's salary supplementation and teacher training.  Blogger: Doesn't say when this 2% is to be paid.

83 (3) The board of supervisors may decrease the fee or

84 increase the fee up to an amount equal to, but not exceeding,

85 three and two-tenths percent (3.2%) of the gross revenue of the

86 vessels annually. The State Tax Commission shall be notified not

87 less than thirty (30) days before the effective date of the

88 change.

89 SECTION 2. This act shall take effect and be in force from

90 and after its passage.



Blogger's Notes:

1. Does this statement mean that regarding debt service, gaming revenue that is sent to the town can only be used to pay debt that had already been incurred as of the date this bill was signed into law in 2004?