2023 Legislator “Business & Jobs” Report Card Bills

SB 2449

In September 2021, the Mississippi Department of Revenue filed a proposed amendment to its sales tax regulations on Computer Equipment, Software, and Services. The amendment would have created a new tax on any software located on an out-of-state server when assessed via the internet. The amendment would have also expanded the definition of computer software to include cloud computing, software as a service, platform as a service, and infrastructure as a service. This legislation prevents a new tax by stating, “Computer software maintained on a server outside the state and accessible for use only via the Internet is not a taxable retail sale.” The business vote was for the legislation.

SB 2559

Senate Bill 2559 Deletes the repeal date from the section of law that regulates the harvest permits and the fees for the permits. Legislation passed in 2021 increased the harvest permit tolerance from 5 percent to 10 percent effective July 1, 2023.  SB2559 also creates the Strategic Multi-Modal Investment Fund. The $30 million to fund rail, port and airport projects is in another bill. SB2559 also creates the Strategic Multi-Modal Investment Advisory Board. The Mississippi Department of Transportation is to develop rules for the fund. The business vote was for the legislation.

HB 1733

House Bill 1733 creates full expensing for capital investments in research, experimentation, machinery, and equipment. Full expensing enables businesses to immediately deduct the entire cost of capital expenditures from taxable income rather than spreading those deductions over years or decades. The business vote was for the legislation.

HB 401

HB 401 helps Mississippi consumers that rely on automobile dealerships for their essential transportation needs. It also assures fair and equal rules for Mississippi businesses with contracts with automotive manufacturers for independent car and truck dealerships. The franchised automobile industry in Mississippi creates over 18,000 jobs with a $613 million payroll. The business vote was for the legislation.

HB 2218

This legislation addresses issues restaurants have faced from third-party delivery companies’ unauthorized use of their menus, logos, and other intellectual property. SB 2218 states a written contractual agreement between the restaurant and third-party delivery company must be signed. It also says that a restaurant can take legal action against a third-party delivery company for the unauthorized use of its logo, menu, or other intellectual property. Ultimately, this leads to lost sales and decreased profits for restaurants. The business vote was for the legislation.

HB 1003

HB 1003 officially opens Mississippi to the safety, mobility, and economic benefits of autonomous vehicles. The legislation states that an autonomous vehicle can be operated in the state with a human driver on board. This legislation allows for the technology, safety, and supply chain benefits of autonomous vehicles. The business vote was for the legislation.

HB 549

Currently, the Department of Revenue interprets the law so that if you manufacture a piece of specialty equipment for an out-of-state customer, and they come to Mississippi to inspect or get trained on that equipment, then take it home with them, that is a taxable event. Even though that piece of equipment is never intended to be registered or used in the state, the fact that the customer takes ownership of it in the state means it is subject to sales tax. House Bill 549 clarifies that no matter how a piece of equipment is delivered to an out-of-state customer, tax is only due to the state in which it is used. The business vote was for the legislation.

HB 588

House Bill 588 extends the repeal date on the Mississippi Comprehensive Workforce Training and Education Consolidation Act (and conforming code sections) until 2026. The legislation was set to repeal on July 1, 2023. The Act was passed in 2004 to “reduce fragmentation and duplication of services” across different workforce programs. In addition to establishing the Office of Workforce Development and State Workforce Development Investment Board, it includes numerous provisions related to promoting workforce development across the state. The business vote was for the legislation.

SB 3021

Senate Bill 3021 provides a $12 million appropriation to expand the existing career coaching program by an estimated 50 additional coaches across the state. The increase in funding from $8 Million to $12 Million for fiscal year 2024 will allow AccelerateMS to greatly increase the geographic coverage of career coaches in Mississippi with the addition of more than 50 new coaches to the state. The business vote was for the legislation.

SB 2341

This bill will ensure that the MS Public Service Commission maintains regulatory authority over transmission infrastructure in Mississippi by requiring anyone who builds transmission lines in the certificated area of an electric utility that is in a Regional Transmission Organization (RTO) to be subject to state regulatory oversight instead of the Federal Energy Regulatory Commission (FERC) in Washington, DC. The business vote was for the legislation.

HB 1668

House Bill 1668 revised the method by which a partnership, S corporation, or other similar pass-through entity may elect to become an “electing pass-through entity.” This is applicable for state income tax purposes, provided that any additional income tax credits generated by the electing pass-through entity shall be passed through to the owners on a pro-rata basis. It also states that any excess credit may be carried forward as an overpayment or refunded. The business vote was for the legislation.

HB 1060

This bill allows non-utilities in MS to sell electricity on a metered basis for the purpose of charging electric vehicles. It also requires that the electricity to be re-sold can only be provided by the incumbent utility. This change in state law will help expand EV charging infrastructure in the state by eliminating one of the most significant deterrents to private investment by EV charger providers. The business vote was for the legislation.