HB 4172

MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Local and Private Legislation
By: Representative Guice
House Bill 4172
(As Passed the House)
AN ACT TO AUTHORIZE THE BOARD OF SUPERVISORS OF JACKSON
COUNTY, MISSISSIPPI, TO CREATE A PUBLIC IMPROVEMENT DISTRICT UNDER CHAPTER 31,
TITLE 19, MISSISSIPPI CODE OF 1972; TO AUTHORIZE THE DISTRICT TO IMPOSE AND
COLLECT A RETAIL ASSESSMENT WITHIN THE DISTRICT; TO PROVIDE THAT THE PROCEEDS
OF THE RETAIL ASSESSMENT MAY BE USED AND PLEDGED, TOGETHER WITH SPECIAL
ASSESSMENTS AND OTHER REVENUES AUTHORIZED UNDER CHAPTER 31, TITLE 19,
MISSISSIPPI CODE OF 1972, FOR THE PURPOSES SET FORTH IN CHAPTER 31, TITLE 19, MISSISSIPPI
CODE OF 1972; TO REQUIRE THAT AN ELECTION BE HELD FOR THE IMPOSITION OF THE
RETAIL ASSESSMENT; TO PROVIDE FOR COLLECTION AND DISBURSEMENT OF THE RETAIL
ASSESSMENT BY THE DISTRICT; TO REQUIRE SEPARATE ACCOUNTING AND AN ANNUAL AUDIT;
AND FOR RELATED PURPOSES.
���� BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:
���� SECTION 1.� (1)� As
used in this act, the following terms shall have the meanings ascribed to them
in this section unless a different meaning is clearly indicated by the context
in which they are used:
��������� (a)� "Board"
means the governing board of the district.
��������� (b)� "County"
means Jackson County, Mississippi.
��������� (c)�
"District" or "public improvement district" means a public
improvement district to be established within the county by the governing body
under this act and Chapter 31, Title 19, Mississippi Code of 1972, solely for
the purpose of undertaking one or more projects in connection with a
development representing a private investment of not less than Seventy Million
Dollars ($70,000,000).
��������� (d)� "Governing
body" means the county board of supervisors.
��������� (e)�
"Project" means any project, including the cost of a project, as
defined in Section 19-31-5 or 17-25-27, Mississippi Code of 1972.
��������� (f)� "Retail
assessment" means the special retail assessment authorized by this act.
���� (2)� The definitions in
Section 19-31-5, Mississippi Code of 1972, shall apply to this act, unless a
contrary definition for a term is provided in this section or by the context of
its use in this act.
���� SECTION 2.� The
governing body is hereby authorized to create and establish a public
improvement district within the county in accordance with Chapter 31, Title 19,
Mississippi Code of 1972, including, without limitation, the procedures set
forth in Section 19-31-7, Mississippi Code of 1972.� In addition to all other
authority granted by Chapter 31, Title 19, Mississippi Code of 1972, such
district is authorized to establish a retail assessment as further described in
this act.� The district shall operate and be maintained in accordance with
Chapter 31, Title 19, Mississippi Code of 1972.
���� SECTION 3.� (1)� For
the purpose of providing funds to pay the costs of one or more projects,
including debt service on any debt incurred by the district in connection with
such projects, the district is authorized, in its discretion, to levy and
collect a retail assessment, which shall be in addition to all other taxes and
assessments now imposed, as provided in this section.� The retail assessment
authorized by this act shall be imposed at a rate not to exceed one percent
(1%) upon the gross proceeds of all sales and services within the district
which are subject to the general rate of sales tax under Chapter 65, Title 27,
Mississippi Code of 1972, and all retail sales of food or drink for human
consumption not purchased with food stamps issued by the United States
Department of Agriculture or other federal agency, but which would be exempt
under Section 27-65-111(o), Mississippi Code of 1972, from the taxes imposed by
Chapter 65, Title 27, Mississippi Code of 1972, if the food items were
purchased with food stamps, attributable to such place of business within the
district as determined by the board.
���� (2)� Persons, firms,
businesses, or corporations liable for the retail assessment imposed under
subsection (1) of this section shall add the amount of the retail assessment to
the sales price or gross income and shall collect, insofar as is practicable,
the amount of the retail assessment due by them from the person receiving the
product or service at the time of payment therefor.
���� (3)� The retail assessment
shall be collected by and paid to the district on a form prescribed by the
district in the manner that state sales taxes are computed, collected, and
paid.� In addition to any enforcement provisions authorized by Chapter 31,
Title 19, Mississippi Code of 1972, the district may enforce the collection of
the retail assessment in like manner as state sales taxes are collected and
enforced.
���� (4)� The proceeds of the
retail assessment shall be paid to the district on or before the fifteenth day
of the month following the month in which collected.� The district may retain
up to three percent (3%) of the retail assessment to defray the costs
associated with the administration of the district.� The district may contract
with a public or private entity for the collection of the retail assessment.
���� (5)� The proceeds of the
retail assessment shall be dedicated to and expended solely for the purposes
set forth in this act and other purposes authorized for the district under
Chapter 31, Title 19, Mississippi Code of 1972, including for the payment and
security of bonds to construct a project.
���� (6)� The board may enter
into one or more agreements with a developer for a term not to exceed thirty
(30) years to reimburse the developer for the costs of a project or facilities
related to a project in the district using any assessments generated by the
project to, among other things, assist with the financing of a project.� Any
payments or reimbursements of costs of a project by the district may be
conditioned upon such terms and conditions, and may contain such safeguards,
including, without limitation, project deadlines and benchmarks, as the board
determines will best promote and protect the public interest, convenience, and
necessity.
���� (7)� The district and one or
more local government units are authorized to create a regional economic
development alliance and enter into an agreement under Article 1, Chapter 64,
Title 57, Mississippi Code of 1972.
���� SECTION 4.� Before
any retail assessment authorized under this act may be imposed, the board of
supervisors shall adopt a resolution declaring its intention to call for an
election to be held on the question whether or not to levy the retail
assessment, setting forth the amount of the retail assessment and the date upon
which the retail assessment shall become effective.� The date of the election
shall be fixed in the resolution.� Notice of the intention to call an election
to determine whether to levy the retail assessment 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 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 county may vote, and the ballots used in the election shall
have printed thereon a brief statement of the amount and purposes of the
proposed retail assessment and the words "FOR THE RETAIL ASSESSMENT"
and, on a separate line, "AGAINST THE RETAIL ASSESSMENT" and the
voters shall vote by placing a cross (X) or check (�) opposite their choice on the proposition.� When the
results of the election shall have been canvassed and certified, the board of
supervisors may levy the retail assessment if sixty percent (60%) of the
qualified electors who vote on the referendum in the election vote in favor of
the retail assessment.� At least thirty (30) days before the effective date of
the retail assessment, the board of supervisors shall furnish to the district a
certified copy of the resolution evidencing the retail assessment.
���� SECTION 5.� Accounting
for receipts and expenditures of the funds described in this act must be made
separately from the accounting of receipts and expenditures of other funds of
the district.� The records reflecting the receipts and expenditures of the funds
prescribed in this act shall be audited annually by an independent certified
public accountant, and the accountant shall make a written report of the audit
to the board.� 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 under this act.
���� SECTION 6.� (1)� The
proceeds of the retail assessment levied under this act, together with any
amounts authorized under Chapter 31, Title 19, Mississippi Code of 1972, may be
pledged to secure the payment of any contract obligations, bonds, or other
indebtedness of the district authorized under Chapter 31, Title 19, Mississippi
Code of 1972.
���� (2)� Any pledge of the
proceeds of the retail assessment made by the district under this act shall be
valid and binding from the time when the pledge is made, without the need for
physical delivery of any pledged property.� The proceeds of the retail
assessment so pledged and thereafter received by the district shall be immediately
subject to the lien of such pledge and shall be valid and binding as against
all parties having claims of any kind in tort, contract, or otherwise against
the district, irrespective of whether such parties have notice thereof.
���� (3)� The board may covenant
in any resolution imposing the retail assessment, in any contribution
agreement, and in any other proceeding or instrument relating to bonds or other
indebtedness payable from, or secured by, the proceeds of the retail
assessment, that the retail assessment will not be repealed, reduced, or
otherwise altered in a manner that would impair such pledge so long as any such
bonds or other indebtedness are outstanding, subject to any provisions for
amendment, defeasance, or discharge that may be set forth in the governing
documents for such bonds or other indebtedness.
���� SECTION 7.� This act
shall be construed as supplemental and in addition to the powers of the
district under Chapter 31, Title 19, Mississippi Code of 1972; however, this
act will control in the event of any conflict between this act and other laws.
���� SECTION 8.� This act
shall repealed from and after July 1, 2032.
���� SECTION 9.� This act
shall take effect and be in force from and after its passage.