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Mississippi Legislature· HB 4111Approved by Governor (Chapter 918)

Hancock County; provide that the Hancock County Tourism Development Bureau shall be held inactive with its activities held in abeyance., the official text

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MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Local and Private Legislation

By: Representative Anderson (122nd)

House Bill 4111

(As Sent to Governor)

AN ACT TO AMEND CHAPTER 1019, LOCAL AND PRIVATE LAWS OF
1996, AS LAST AMENDED BY CHAPTER 910, LOCAL AND PRIVATE LAWS OF 2025, TO PROVIDE THAT DUE TO FINANCIAL CONSTRAINTS, THE
HANCOCK COUNTY TOURISM DEVELOPMENT BUREAU SHALL BE INACTIVE WITH ANY AND ALL OF
ITS ACTIVITIES HELD IN ABEYANCE UNTIL REACTIVATED BY THE HANCOCK COUNTY BOARD
OF SUPERVISORS; AND FOR RELATED PURPOSES.

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

SECTION 1.  Chapter
1019, Local and Private Laws of 1996, as amended by Chapter 980, Local and
Private Laws of 1998, as amended by Chapter 956, Local and Private Laws of
2000, as amended by Chapter 977, Local and Private Laws of 2001, as amended by
Chapter 916, Local and Private Laws of 2003, as amended by Chapter 960, Local and
Private Laws of 2007, as amended by Chapter 912, Local and Private Laws of
2010, as amended by Chapter 937, Local and Private Laws of 2011, as amended by
Chapter 901, Local and Private Laws of 2012, as amended by Chapter 924, Local
and Private Laws of 2014, as amended by Chapter 927, Local and Private Laws of
2017, as amended by Chapter 950, Local and Private Laws of 2018, as amended by
Chapter 928, Local and Private Laws of 2021, as amended by Chapter 910, Local
and Private Laws of 2025, is amended as follows:

Section 1.  The following
terms as used in this act shall have meanings ascribed in this section unless
the context otherwise clearly requires:

(a)  "Board of
supervisors" or "board" means the Board of Supervisors of
Hancock County, Mississippi.

(b)  "Bureau"
means the Hancock County Tourism Development Bureau.

(c)  "Casino"
means any casino properly licensed by the Mississippi Gaming Commission and
operating in Hancock County, Mississippi.

(d)
"Complimentary sales" or "complimentaries" means activities
involving the furnishing or providing of rooms for lodging or sleeping, or the
furnishing or providing of food or beverage for the public's consumption, or
the furnishing or providing of other services, which any casino performs
without cost to the recipient at the point of sale.

(e)  "County"
means Hancock County, Mississippi.

(f)  "Hotel"
or "motel" means any establishment engaged in the business of
furnishing or providing rooms intended or designed for lodging or sleeping
purposes for transient guests and does not encompass any hospital, convalescent
or nursing homes or sanitarium or any hotel­-like facility operated by or in
connection with a hospital or medical clinic providing rooms exclusively for
patients and their families.

(g)  "Similar
establishment" means any bed and breakfast or condominium or time-share
establishment that provides rooms intended or designed for lodging or sleeping
purposes for transient guests.

(h)  "Tourism-related
business" means any business, firm, or company engaged in the activity of
operating a restaurant, hotel or motel, casino, or similar business that
provides goods, service or entertainment for the enjoyment of persons not
residing in Hancock County.

Section 2.  (1)  For the
purposes of providing funds to promote and develop tourism and tourism-related
activities in Hancock County, Mississippi, there is levied and assessed against
and shall be collected from every person, firm, corporation, operating hotels
or motels, or a similar establishment, renting rooms to transient guests for
ninety (90) days or less in Hancock County an assessment, in addition to all
other taxes not imposed, which shall be in an amount not to exceed two percent
(2%) of the gross proceeds of sales derived from room rentals by hotels, motels
and similar establishments in Hancock County.  The assessment shall not be
levied upon or collected from gross proceeds of nontaxable rooms, complimentary
sales or complimentaries.

(2)  (a)  Before imposing
the taxes authorized in subsection (1) of this section the board of supervisors
shall, by resolution spread upon its minutes, declare its intention to impose
the taxes authorized by this act and shall state in such resolution the amount
of the tax to be imposed, and shall fix in such resolution the date upon which
the board proposes to enact its resolution directing the levy and assessment of
such tax.  Such resolution shall be published once a week for at least three
(3) weeks in a newspaper published or having a general circulation in the
county, with the first publication to be made not less than fourteen (14) days
before the date fixed in the resolution under which the board proposes to levy
and assess such tax, and the last publication shall be made not more than seven
(7) days before such date.  If, on or before the date specified in the
resolution, twenty percent (20%) or one thousand five hundred (1,500),
whichever is less, of the qualified electors of the county file a written
protest against the imposition of such tax, then an election upon the levy and
assessment of such tax shall be called and held as herein provided.  If no such
protest is filed, then the board may enact its resolution directing the levy
and assessment of the tax at any time within a period of six (6) months after
the date specified in the resolution.  If an election is required by the
protest of the required number of qualified electors of the county, then an
election shall be held by the county under applicable laws for conducting
elections of such assessment issues, with such election to be conducted at the
next special election day as such is defined by Section 23-15-833, Mississippi
Code of 1972, occurring more than sixty (60) days after the date specified in
the resolution.

(b)  When the results
of the election on the question of the levy of the tax have been canvassed by
the election commissioners of the county and certified by them to the board of
supervisors, it shall be the duty of the board of supervisors to determine and
adjudicate whether or not a majority of the qualified electors who voted
thereon in the election voted in favor of the levy of the tax, and unless a
majority of the qualified electors who voted thereon in the election voted in
favor of the levy of the tax, then the tax shall not be levied.  If a majority
of the qualified electors who vote thereon in the election vote in favor of the
levy of the tax, then the board of supervisors may levy the tax, in whole or in
part, within six (6) months after the date of the election or the date of the
final favorable termination of any litigation affecting the levy of the tax.

(c)  If the tax levied
under this chapter was imposed without a vote of the electorate, the board of
supervisors shall, within sixty (60) days after the effective date of Senate
Bill No. 2911, 2014 Regular Session, by resolution spread upon its minutes,
declare the intention of the board of supervisors to continue imposing the tax
and describe the tax levy including the tax rate, annual revenue collections
and the purposes for which the proceeds are used.  The resolution shall be
published once a week for at least three (3) consecutive weeks in a newspaper
published or having a general circulation in the county, with the first
publication to be made within fourteen (14) days after the board of supervisors
adopts the resolution declaring its intention to continue the tax.  If, on or
before the date specified in the resolution for filing a written protest, which
date shall be not less than forty-five (45) days and not more than sixty (60)
days after the board of supervisors adopts the resolution, twenty percent (20%)
or one thousand five hundred (1,500), whichever is less, of the qualified
electors of the county file a written protest against the imposition of the
tax, then an election upon the levy and assessment of the tax shall be called
and held as in the manner provided for in paragraph (a) of this subsection,
with the election to be conducted at the next special election day as such is
defined by Section 23-15-833, Mississippi Code of 1972, occurring more than
sixty (60) days after the date specified in the resolution for filing a written
protest.  If the requisite number of qualified electors vote against the
imposition of the tax, the tax shall cease to be imposed on the first day of
the month following certification of the election results by the election
commissioners of the county to the board of supervisors.  The board of
supervisors shall notify the Department of Revenue of the date of the
discontinuance of the tax and shall publish sufficient notice thereof in a
newspaper published or having a general circulation in the county.  If no
protest is filed, then the board of supervisors shall state that fact in their its minutes and may continue the levy
and assessment of the tax.

This paragraph (b) shall not
apply if the revenue from the tax authorized by this chapter has been
contractually pledged for the payment of debt incurred prior to the effective
date of Senate Bill No. 2911, 2014 Regular Session, until such time as the debt
is satisfied.  Once the debt has been satisfied, the board of supervisors
shall, within sixty (60) days, adopt a resolution declaring the intention of
the board of supervisors to continue the tax which shall initiate the procedure
described in paragraph (a) of this subsection.

(3)  (a)  Persons liable for
the tax imposed herein shall add the amount of tax to the sales price or gross
proceeds of sales and shall collect, insofar as practicable, the amount of the
tax due by him from the person receiving the services at the time of payment
therefor.

(b)  The tax shall be
collected by 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 and all other
provisions of Chapter 65, Title 27, Mississippi Code of 1972, shall apply as
necessary to the implementation and administration of this act.

(c)  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 board of supervisors of the
county on or before the fifteenth day of the month following the month in which
collected by the Department of Revenue.

(d)  (i)  The proceeds
of the tax shall not be considered by the county as general fund revenues and.  Subject to subparagraph (ii) of this
paragraph, the proceeds of the tax shall be dedicated to and used by the bureau
or the Mississippi Gulf Coast Regional Convention and Visitors Bureau, in the
discretion of the board of supervisors, solely for the promotion of tourism and
tourism-related activities in the county.

(ii)  Before the
proceeds of the tax are dedicated to and used as prescribed under subparagraph
(i) of this paragraph (d), the board of supervisors shall adopt a resolution
declaring its intention to dedicate and use the proceeds of the tax as
prescribed under subparagraph (i) of this paragraph (d).  Notice of the
proposed dedication and use of the proceeds of the tax shall be published once
each week for at least three (3) consecutive weeks in a newspaper having a
general circulation in Hancock County.  The first publication of the notice
shall be made not less than twenty-one (21) days before the date fixed in the
resolution on which the proposed dedication and use of the proceeds of the tax
shall occur, and the last publication of the notice shall be made not more than
seven (7) days before such date.  If, within the time of giving notice, twenty
percent (20%) or one thousand five hundred (1,500), whichever is less, of the
qualified electors of Hancock County file a written petition against the
proposed dedication and use of the proceeds of the tax, then such dedication
and use of the proceeds of the tax shall not be dedicated and used as
prescribed under this paragraph (d)(i) unless authorized by a sixty percent
(60%) majority of the qualified electors of Hancock County, voting at an
election to be called and held for that purpose.  At least thirty (30) days before
the proposed dedication and use of the proceeds of the tax, the board of
supervisors shall furnish to the Department of Revenue a certified copy of the
resolution evidencing such dedication and use of the proceeds of the tax.

Section 3.  (1)  Subject to
Section 2(3)(d) of this act, the funds derived from the proceeds of the tax
authorized in Section 2 of this act and appropriated by the board of
supervisors shall be expended by the Hancock County Tourism Development
Bureau or the Mississippi Gulf Coast Regional Convention and Visitors Bureau,
created by this act and to be composed of nine (9) members, appointed as
provided in this section.  The board of supervisors shall have the sole right
to designate that the proceeds of the tax are expended by the Hancock County
Tourism Development Bureau or the Mississippi Gulf Coast Regional
Convention and Visitors Bureau, and the board of supervisors shall direct all
of the proceeds of the tax to the Hancock County Tourism Development
Bureau or the Mississippi Gulf Coast Regional Convention and Visitors Bureau.  The
Hancock County Tourism Development Bureau shall continue as legislatively
permitted but shall be inactive with any and all activities held in abeyance
unless and until reactivated by the Hancock County Board of Supervisors.
The board of supervisors shall appoint four (4) members to the bureau.  The
Mayor and the City Council of the City of Bay St. Louis, respectively, each
shall appoint one (1) member to the bureau.  The Mayor and the Board of
Aldermen of the City of Waveland, respectively, each shall appoint one (1)
member to the bureau.  The Hancock County Chamber of Commerce shall appoint one
(1) member to the bureau.  Each person appointed as a member to the bureau may
be engaged in or employed by tourism-related businesses in Hancock County.

(2)  The members of the
bureau shall be appointed within sixty (60) days after the effective date of
this act in the following manner:  Two (2) members shall be appointed to serve
for terms of one (1) year, four (4) members shall be appointed to serve for
terms of two (2) years, and three (3) members shall be appointed to serve for
terms of three (3) years.  The board of supervisors, the governing authorities
of the Cities of Bay St. Louis and Waveland, and the Hancock County Chamber of
Commerce shall draw lots to determine which of the nine (9) members of the
bureau shall be appointed for the initial terms of office.  After the
expiration of the initial terms, all subsequent appointments shall be made for
terms of three (3) years from the expiration date of the previous term, except
that any appointment to fill a vacancy shall be for the remainder of the
unexpired term only.  Before entering on the duties of the office each member
of the bureau shall enter into and give bond to be approved by the Secretary of
State of the State of Mississippi in the sum of Fifteen Thousand Dollars
($15,000.00) conditioned on the satisfactory performance of his duties.  This
bond premium shall be paid from the bureau's fund.  Such bond shall be payable
to Hancock County and in the event of a breach thereof, suit may be brought by
the county for the benefit of the bureau.

(3)  The bureau shall adopt
a set of bylaws which may include provisions that it deems appropriate but
shall include provisions for the following:

(a)  Procedures and
times for its meetings following Roberts Rules of Order and complying with the
Open Meetings Law of Mississippi, Section 25-41-1 et seq., Mississippi Code of
1972.

(b)  The secretary-treasurer
making a monthly report to the board of supervisors and the governing
authorities of the Cities of Bay St. Louis and Waveland as to the current
operational and financial status of the bureau and providing a written copy of
such report.

(c)  The bureau
annually causing a complete review of all the books and accounts of the bureau
to be made by an independent, certified public accountant and shall provide a
copy to the board of supervisors and the governing authorities of the Cities of
Bay St. Louis and Waveland.

(d)  The bureau shall
annually submit a copy of the proposed budget to the board of supervisors and
the governing authorities of the Cities of Bay St. Louis and Waveland.

(4)  (a)  Within thirty (30)
days after the initial appointments of the bureau have been made, the bureau
shall meet and from their number choose a president, vice ­president and
secretary-treasurer.  These officers will serve for one-year terms and an
election will be held annually to select officers.

(b)  The bureau shall
require the necessary and appropriate bond for persons authorized or
responsible for the funds of the bureau.  Any action taken by the bureau shall
be official and may take place at regular, special, or adjourned meetings.

(c)  The officers of
the bureau may be reimbursed for actual expenses, including mileage and travel
expenses, whether within or without the State of Mississippi, incurred in the
performance of their duties as authorized by Section 25-3-41, Mississippi Code
of 1972.

(d)  The officers of
the bureau may employ any personnel and take any other acts they deem necessary
to carry out in the mission of the bureau.  The officers of the bureau shall
set the level of compensation to be paid to the bureau's employees.

(e)  The bureau shall
at least annually develop a plan to attract visitors to and promote tourism in
Hancock County.

Section 4.  (1)  The bureau
shall have the authority to take any action necessary to effectuate the
purposes and intent of this act.

(2)  The bureau shall have
the authority to (a) apply for and accept grants and loans on behalf of the
board of supervisors, the governing authorities of the City of Bay St. Louis
and the governing authorities of the City of Waveland, as appropriate, from the
State of Mississippi or the United States of America or any agency thereof; and
(b) contract with any agency of the State of Mississippi or the United States
of America for the development and promotion of tourism in Hancock County.

Section 5.  (1)  The
Board of Supervisors of Hancock County, Mississippi, may, in its discretion,
enter into contracts with not-for-profit organizations to provide services for
advertising, marketing, and promotion of tourism and conventions and other
related activities normally carried out by the bureau.

(2)  The authority granted
to the board of supervisors in this section shall not dissolve the bureau or
rescind the authority granted to the bureau.

Section 6.  This act shall
stand repealed on July 1,2025 2029.

SECTION 2.  This act
shall take effect and be in force from and after its passage.
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