House Bill 65

AN ACT TO DIRECT THE STATE FISCAL OFFICER TO TRANSFER CERTAIN AMOUNTS TO THE STATE GENERAL FUND FROM CERTAIN SPECIAL FUNDS DURING FISCAL YEAR 2009; TO DIRECT THE STATE FISCAL OFFICER TO TRANSFER AN AMOUNT FROM THE WORKING CASH-STABILIZATION RESERVE FUND TO THE BUDGET CONTINGENCY FUND DURING FISCAL YEAR 2009; TO AMEND HOUSE BILL NO. 1505, 2009 REGULAR SESSION, TO DIRECT THE STATE FISCAL OFFICER TO TRANSFER CERTAIN AMOUNTS TO THE BUDGET CONTINGENCY FUND FROM THE GENERAL FUND AND CERTAIN SPECIAL FUNDS DURING FISCAL YEAR 2010; TO DIRECT THE REPAYMENT OF FUNDS BORROWED FROM THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION; TO EXEMPT THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION FROM ANY TRANSFER OF SPECIAL FUNDS INTO THE STATE GENERAL FUND DIRECTED BY THE DEPARTMENT OF FINANCE AND ADMINISTRATION; TO AMEND SECTION 27-104-13, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE FISCAL OFFICER SHALL NOT BE AUTHORIZED TO REDUCE THE "ADMINISTRATION AND OTHER EXPENSES" BUDGET OF THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION DURING FISCAL YEAR 2010; TO AMEND SECTION 6 OF HOUSE BILL NO. 364, 2009 REGULAR SESSION, TO PROVIDE THAT AN APPROPRIATION OF NOT LESS THAN $27,000,000.00 TO THE MOTOR VEHICLE AD VALOREM TAX REDUCTION FUND FOR FISCAL YEAR 2010 IS NOT REQUIRED TO BE ENACTED DURING THE 2009 REGULAR SESSION IN ORDER FOR CERTAIN PROVISIONS OF HOUSE BILL NO. 364 TO TAKE EFFECT FROM AND AFTER JULY 1, 2009; TO IMPOSE A FEE ON NONSETTLING-MANUFACTURER CIGARETTES; TO REQUIRE MONTHLY REPORTING OF THE NUMBER AND DENOMINATION OF STAMPS AFFIXED TO PACKAGES OF NONSETTLING-MANUFACTURER CIGARETTES, THE NUMBER OF INDIVIDUAL PACKAGES OF NONSETTLING-MANUFACTURER CIGARETTES SOLD OR PURCHASED IN THIS STATE OR OTHERWISE DISTRIBUTED IN THIS STATE FOR SALE IN THE UNITED STATES AND ANY OTHER INFORMATION THE STATE TAX COMMISSION CONSIDERS NECESSARY OR APPROPRIATE TO DETERMINE THE AMOUNT OF THE FEE IMPOSED BY SECTIONS 9 THROUGH 20 OF THIS ACT OR TO ENFORCE SECTIONS 9 THROUGH 20 OF THIS ACT; TO REQUIRE REGISTRATION OF NONSETTLING MANUFACTURERS WITH THE ATTORNEY GENERAL; TO REQUIRE DEVELOPMENT, MAINTENANCE AND PUBLICATION BY THE ATTORNEY GENERAL OF A LIST OF NONSETTLING MANUFACTURERS THAT HAVE CERTIFIED THEIR COMPLIANCE WITH SECTIONS 9 THROUGH 20 OF THIS ACT; TO PROVIDE FOR ENFORCEMENT OF THE REQUIREMENTS IMPOSED BY SECTIONS 9 THROUGH 20 OF THIS ACT; TO AMEND SECTION 27-69-19, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF SECTIONS 9 THROUGH 19 OF THIS ACT; TO AUTHORIZE LAW ENFORCEMENT OFFICERS TO SEIZE TOBACCO FOUND IN MISSISSIPPI THAT IS DETERMINED TO BE THE PRODUCT OF CERTAIN ILLEGAL ACTS IF THE LAW ENFORCEMENT OFFICER ESTIMATES THAT THE RETAIL VALUE OF THE PROPERTY SEIZED IS $15,000.00 OR MORE; TO PROVIDE THAT TOBACCO THAT IS A PRODUCT OF AN ILLEGAL ACT SHALL BE CONTRABAND GOODS FORFEITED TO THE STATE OF MISSISSIPPI; TO PROVIDE THAT IF THE VALUE OF SUCH TOBACCO IS $15,000.00 OR MORE, THE CUSTODY OF THE TOBACCO SHALL BE TURNED OVER TO THE CHAIRMAN OF THE STATE TAX COMMISSION WHO SHALL HAVE AN INVENTORY AND APPRAISAL OF THE TOBACCO PREPARED; TO PROVIDE THAT IF THE TOBACCO RECEIVED FROM A LAW ENFORCEMENT OFFICER HAS AN ESTIMATED RETAIL VALUE IN EXCESS OF $1,000,000.00, THE STATE AUDITOR MAY, UPON THE REQUEST OF THE CHAIRMAN OF THE STATE TAX COMMISSION, ASSIST IN CONDUCTING THE INVESTIGATION, INVENTORY, APPRAISAL AND SALE OF THE TOBACCO RECEIVED; TO PROVIDE THAT WHERE SUCH TOBACCO REPRESENTS MULTIPLE SEIZURES OR ONE OR MORE SEIZURES WHERE THERE ARE MULTIPLE PERSONS OR OWNERS HAVING A POTENTIAL INTEREST IN THE TOBACCO SEIZED, THE CHAIRMAN OF THE STATE TAX COMMISSION MAY INVENTORY, APPRAISE AND PROCEED WITH THE FORFEITURE AND SALE OF THE TOBACCO BASED ON EACH SPECIFIC SEIZURE, PROBABLE COMMON INTEREST OR OWNERSHIP OF THE TOBACCO OR A COMBINATION THEREOF; TO PROVIDE THAT NOTICE OF THE SEIZURE AND THE IMPENDING FORFEITURE OF THE TOBACCO SHALL BE GIVEN IN WRITING FOR FIVE DAYS AT THREE PLACES IN THE COUNTY WHERE THE TOBACCO WAS SEIZED; TO PROVIDE THAT THE NOTICE SHALL DESCRIBE THE PROPERTY, STATE THE TIME AND PLACE AND CAUSE OF SEIZURE AND GIVE THE NAME AND PLACE OF RESIDENCE, IF KNOWN, OF THE PERSON FROM WHOM THE PROPERTY WAS SEIZED, AND SHALL REQUIRE ANY PERSON CLAIMING THE PROPERTY TO APPEAR AND MAKE SUCH CLAIMS IN WRITING, WITHIN FIVE DAYS FROM THE DATE OF THE FIRST POSTING OF THE NOTICE; TO PROVIDE THAT THE CHAIRMAN OF THE STATE TAX COMMISSION SHALL DELIVER A COPY OF THE NOTICE TO THE PERSON OR PERSONS FROM WHOM THE PROPERTY WAS SEIZED, AND ALSO TO THE OWNER, IF KNOWN; TO PROVIDE THAT ANY PERSON CLAIMING THE SEIZED TOBACCO WITHIN THE TIME SPECIFIED IN THE NOTICE MAY FILE A CLAIM AND BOND WITH THE CHAIRMAN OF THE STATE TAX COMMISSION; TO PROVIDE THAT IF A CLAIM AND BOND IS FILED WITH THE CHAIRMAN OF THE STATE TAX COMMISSION, THE CHAIRMAN SHALL TRANSMIT THE SAME WITH THE DUPLICATE LIST OR DESCRIPTION OF THE PROPERTY SEIZED TO THE COUNTY ATTORNEY OF THE COUNTY OR THE DISTRICT ATTORNEY OF THE DISTRICT IN WHICH SUCH SEIZURE WAS MADE, AND THE COUNTY ATTORNEY OR DISTRICT ATTORNEY, AS THE CASE MAY BE, SHALL PROSECUTE THE CASE TO SECURE THE FORFEITURE OF THE PROPERTY IN THE COURT HAVING JURISDICTION UNDER THE STATE TOBACCO TAX LAW; TO PROVIDE THAT IF NO CLAIM IS FILED WITH THE CHAIRMAN OF THE STATE TAX COMMISSION, AND NO BOND IS GIVEN WITHIN THE TIME SPECIFIED, THE TOBACCO SHALL BE FORFEITED WITHOUT FURTHER PROCEEDINGS AND SHALL BE SOLD; TO PROVIDE THAT THE TOBACCO SHALL BE OFFERED FOR SALE BY THE CHAIRMAN OF THE STATE TAX COMMISSION AT PUBLIC AUCTION TO THE HIGHEST BIDDER AFTER ADVERTISEMENT; TO PROVIDE THAT THE CHAIRMAN OF THE STATE TAX COMMISSION MAY REJECT THE HIGHEST BID IF HE DETERMINES THAT IT IS NOT EQUAL TO THE REASONABLE VALUE OF THE PROPERTY BEING SOLD AND REQUEST ANOTHER BID OR MAY OFFER THE PROPERTY FOR SALE IN SMALLER LOTS; TO PROVIDE FOR THE DISTRIBUTION OF THE PROCEEDS RECEIVED FROM ANY SUCH SALE; TO PROVIDE THAT A PURCHASER OF CIGARETTES AT SUCH A SALE SHALL, WITHIN 72 HOURS FROM RECEIPT OF THE CIGARETTES FROM THE STATE TAX COMMISSION, CAUSE MISSISSIPPI CIGARETTE STAMPS TO BE AFFIXED TO THE CIGARETTES PURCHASED OR SHIP THE CIGARETTES TO A LOCATION OUTSIDE THE STATE OF MISSISSIPPI; TO PROVIDE THAT IF, BECAUSE OF THE VOLUME PURCHASE, THE PURCHASER IS UNABLE TO STAMP OR DISPOSE OF THE TOBACCO WITHIN THE 72-HOUR TIME PERIOD, THE CHAIRMAN OF THE STATE TAX COMMISSION MAY EXTEND SUCH TIME PERIOD; TO PROVIDE THAT IF THE PURCHASER IS A LICENSED WHOLESALER WHO IS A QUALIFIED INTERSTATE DEALER UNDER THE STATE TOBACCO TAX LAW, HE WILL HAVE THE OPTION OF PLACING THE CIGARETTES IN HIS SEGREGATED STOCK FOR INTERSTATE BUSINESS WITHIN THE SAME 72-HOUR PERIOD WITHOUT AFFIXING MISSISSIPPI CIGARETTE STAMPS TO THE CIGARETTES; TO PROVIDE THAT IF THE PURCHASER MAINTAINS A BONDED WAREHOUSE UNDER THE STATE TOBACCO TAX LAW, THE PURCHASER WILL HAVE THE OPTION OF PLACING THE CIGARETTES IN THE BONDED WAREHOUSE WITHIN THE 72-HOUR PERIOD WITHOUT AFFIXING MISSISSIPPI CIGARETTE STAMPS TO THE CIGARETTES; TO PROVIDE THAT IF, BECAUSE OF THE VOLUME OF THE PURCHASE, THE PURCHASER IS UNABLE TO STAMP OR DISPOSE OF THE CIGARETTES WITHIN THE 72-HOUR TIME PERIOD, THE CHAIRMAN OF THE STATE TAX COMMISSION MAY EXTEND SUCH TIME PERIOD; TO AUTHORIZE THE STATE TAX COMMISSION TO REQUIRE THE PURCHASER TO PROVIDE INFORMATION REGARDING THE DISPOSITION OF THE CIGARETTES PURCHASED AT THE SALE; TO AMEND SECTIONS 27-69-27, 27-69-53 AND 27-69-55, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF SECTION 21 OF THIS ACT; TO REENACT SECTIONS 7-9-151, 7-9-153, 7-9-155, 7-9-157 AND 7-9-159, MISSISSIPPI CODE OF 1972, THAT ESTABLISHED THE CAPITAL IMPROVEMENTS PREPLANNING FUND AND AUTHORIZED THE PAYMENT OF PREPLANNING EXPENSES FROM THAT FUND, WHICH WERE REPEALED BY OPERATION OF LAW ON JULY 1, 2008; TO AMEND SECTION 7-9-161, MISSISSIPPI CODE OF 1972, TO ESTABLISH A REPEALER DATE OF JULY 1, 2011, ON THOSE REENACTED SECTIONS; TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION, ACTING ON BEHALF OF THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING TO TRANSFER AND CONVEY CERTAIN REAL PROPERTY UNDER THE CONTROL OF JACKSON STATE UNIVERSITY, LOCATED IN HINDS COUNTY, MISSISSIPPI, TO THE JACKSON PUBLIC SCHOOL DISTRICT IN EXCHANGE FOR CERTAIN PROPERTY UNDER THE OWNERSHIP AND CONTROL OF THE JACKSON PUBLIC SCHOOL DISTRICT; TO AUTHORIZE THE ISSUANCE OF STATE GENERAL OBLIGATION BONDS IN THE AMOUNT OF $20,000,000.00 FOR THE ACE FUND; TO AMEND SECTION 37-3-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SALARY OF THE STATE SUPERINTENDENT OF PUBLIC EDUCATION SHALL BE SET BY THE STATE BOARD OF EDUCATION, SUBJECT TO THE APPROVAL OF THE STATE PERSONNEL BOARD; AND FOR RELATED PURPOSES.

In the House of Representatives

• Alex Monsour

  Sponsor

l9n doesn't hold this bill's text yet.

In the House of Representatives Jun 28 – Jun 30

1. Jun 28Referred to the House committees on Ways and Means, on Public Property and on et al
2. Jun 30Died in committee in the House