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MISSISSIPPI LEGISLATURE 2026 Regular Session To: Finance By: Senator(s) Wiggins, England Senate Bill 2863 (As Sent to Governor) AN ACT TO ENACT THE "BAYOU CASOTTE INDUSTRIAL ZONE ESTABLISHMENT ACT"; TO PROVIDE FOR CERTAIN LEGISLATIVE FINDINGS; TO PROVIDE THAT A MUNICIPALITY MAY NOT ANNEX ANY PORTION OF THE AREA COMPRISING THE BAYOU CASOTTE INDUSTRIAL ZONE; TO AMEND SECTION 21-1-59, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO BRING FORWARD SECTIONS 21-1-27, 21-1-29, 21-1-31, 21-1-33, 21-1-35, 21-1-37, 21-1-39 AND 21-1-41, MISSISSIPPI CODE OF 1972, WHICH ARE SECTIONS OF LAW RELATING TO THE EXTENSION OR CONTRACTION OF MUNICIPAL CORPORATE BOUNDARIES, FOR THE PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 27-31-1, MISSISSIPPI CODE OF 1972, WHICH EXEMPTS VARIOUS TYPES OF PROPERTY FROM AD VALOREM TAXATION, FOR THE PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Sections 1 through 4 of this act shall be known and may be cited as the "Bayou Casotte Industrial Zone Establishment Act." It is the intent of the Legislature to establish the Bayou Casotte Industrial Zone, to define its boundaries, to promote economic development, and to exempt the zone from municipal annexation. SECTION 2. (a) For the purposes of Sections 1 through 4 of this act, the following words and phrases shall have the meanings ascribed in this subsection unless the context clearly indicates otherwise: (b) "Municipality" means any municipality in this state, whether existing before the effective date of this act or created thereafter. (c) "Zone" means the Bayou Casotte Industrial Zone established pursuant to Section 3 of this act. SECTION 3. (1) The Legislature finds and declares that: (a) The zone is industrial in character and is best suited for industrial and related uses; (b) The zone is optimally situated for industrial expansion and new industrial investment, and is not intended for residential or retail development; (c) The zone is located in the unincorporated area of Jackson County, Mississippi, and taxpayers within the zone are subject to ad valorem taxation by Jackson County for (i) Jackson County and (ii) the Pascagoula-Gautier Municipal School District; (d) Annexation by a municipality of any portion of the area comprising the zone would serve primarily to generate additional ad valorem tax revenue and would impose an additional layer of ad valorem taxation on taxpayers within the zone without providing commensurate municipal services or benefits; and (e) Any such increased ad valorem tax burden would impair the zone's competitiveness for economic growth, to the detriment of the zone, its industries, surrounding communities, and the State of Mississippi. (2) The Legislature therefore finds a compelling public need to establish the Bayou Casotte Industrial Zone to encourage the expansion of existing industry and to foster future industrial development within the boundaries described in subsection (3) of this section. (3) The boundaries of the zone are described as follows: Commencing at a point at the common corner of Sections 32 and 33 of Township 7 South, Range 5 West and Sections 4 and 5 of Township 8 South Range 5 West, said Point lying on the north Right of Way of Stennis Blvd and said point being the POINT OF BEGINNING; thence run west along the southern line of section 32 of Township 7 South, Range 5 West approximately 1334 ft to the intersection with the existing corporate limits of the City of Pascagoula as recorded In the Matter of the Enlargement and Extension of the Municipal Boundaries of the City of Pascagoula, Jackson County Mississippi, Civil Action No. 99-1175-WM, on July 09, 1999; thence run southerly, westerly and southwesterly along said corporate limits of the City of Pascagoula to the intersection with the eastern line of Section 19 Township 8 South Range 5 West; thence continue south along the east line of Section 19 and west line of section 20 approximately 6469 ft along a southerly extension of the west line of Section 20 Township 8 South Range 5 West to a point in the Mississippi Sound that intersects an easterly extension of the southern boundary of the Pascagoula City Limits as described in In the Matter of the Enlargement and Extension of the Municipal Boundaries of the City of Pascagoula, Jackson County Mississippi, Civil Action No. 99-1175-WM, on July 09, 1999; thence run easterly approximately 13,210 ft to the east line of the West half section 27 Township 8 South Range 5 West; thence run northerly approximately 24,158 ft along the east line of the West half of sections 27, 22, 15, 10, and 3 Township 8 South Range 5 West to the northeast corner of the northwest quarter of section 3 Township 8 South Range 5 West; thence run westerly approximately 2648 ft along the north line of section 3 Township 8 South Range 5 West to the northwest corner of section 3 Township 8 South Range 5 West; thence run northerly approximately 97 ft along the east line of section 4 Township 8 South Range 5 West to the northeast corner of section 4 Township 8 South Range 5 West; thence run westerly approximately 5273 ft along the north line of section 4 Township 8 South Range 5 West to the northwest corner of section 4 Township 8 South Range 5 West, said point being THE POINT OF BEGINNING. The boundaries of the zone shall be filed with the Secretary of State and with the entity charged with economic development responsibilities for Jackson County, Mississippi. SECTION 4. (1) A municipality may not annex any portion of the area comprising the zone. Any such annexation or attempted annexation, including pending or previously filed actions, is declared null and void ab initio. (2) Except as provided in Sections 1 through 4 of this act and in Section 21-1-59, Mississippi Code of 1972, nothing in this act shall be construed to otherwise limit or affect the authority of any municipality to exercise its authority regarding annexation. (3) Nothing in this act shall affect the availability of any economic development incentives, whether existing before the effective date of this act or authorized thereafter, including, but not limited to, industrial property tax exemptions, tax credits and incentives, or any other benefits otherwise available to entities owning property and/or operating in any portion of the area comprising the zone. (4) (a) The payment of municipal taxes or fees, or the provision of municipal services within any portion of the area comprising the zone, whether before the effective date of this act or pursuant to agreement thereafter, shall not be construed as a waiver of the prohibition against annexation as established by Sections 1 through 4 of this act. (b) Nothing in Sections 1 through 4 of this act shall affect the validity of any local or municipal assessments or levies lawfully in effect within any portion of the area comprising the zone on or before the effective date of this act. SECTION 5. Section 21-1-59, Mississippi Code of 1972, is amended as follows: 21-1-59. (1) No municipality shall be created or shall change its boundaries so as to include within the limits of such municipality any of the buildings or grounds of any state institution, unless consent thereto shall be obtained in writing from the board of trustees of such institution or such other governing board or body as may be created for the control of such institution. Inclusion of the buildings or grounds of any state institution within the area of a municipal incorporation or expansion without the consent hereinabove required shall be voidable at the option of the affected institution within six (6) months after the institution becomes aware of the inclusion. Upon consent to inclusion within the area of a municipal incorporation or expansion, a state institution may require, subject to agreement of the municipality involved, conditions relating to land use development, zoning requirements, building codes and delivery of governmental services which shall be applicable to the buildings or grounds of the institution included in the municipality. Provided further, that any future changes in the boundaries of a presently existing municipality which extends into or further extends into a county other than the county in which the municipality's principal office is located shall not affect the public school district located in the annexed area, unless and until consent thereto shall have first been obtained in writing from the board of trustees of the school district proposed to be partially or wholly included in the change of municipal boundaries. Provided further, that any change in the boundaries of a presently existing municipality of any Class 1 county having two (2) judicial districts, being traversed by U.S. Highway 11 which intersects U.S. Highway 84, shall not affect the public school district located in the annexed area and shall not change the governmental unit to which the school taxes are paid, unless approved by referendum as hereinafter provided. In the event that twenty percent (20%) of the registered voters residing within the area to be annexed by a municipality petition the governing body of such municipality for a referendum on the question of inclusion in the municipal school district within sixty (60) days of public notice of the adoption of such ordinance, such notice given in the same manner and for the same length of time as is provided in Section 21-1-15 with regard to the creation of municipal corporations, the governing body of the county in which the area to be annexed is located shall hold a referendum of all registered voters residing within the area to be annexed on the question of inclusion in the municipal school district. Approval of the ordinance shall be made by a majority vote of the qualified electors voting in said referendum to be held within ninety (90) days from the date of filing and certification of the petition provided for herein on the question of such extension or contraction. The referendum shall be held in the same manner as are other county elections. The inclusion of buildings or grounds of any state institution within the area of a municipal incorporation or expansion in any proceedings creating a municipality or enlarging the boundaries of a municipality prior to the effective date of Senate Bill 2307, 1987 Regular Session (Chapter 359, eff March 18, 1987), is hereby ratified, confirmed and validated, regardless of whether such inclusion was in conformity with the requirements of this section at the time of such proceedings, and such inclusion shall not be void or voidable by any affected state institution on or after the effective date of Senate Bill 2307, 1987 Regular Session (Chapter 359, eff March 18, 1987). This paragraph shall not be applicable to and shall not be construed to validate the inclusion of buildings or grounds of any state institution within the area of a municipal incorporation or expansion where such inclusion or the proceedings involving such inclusion were declared invalid or void in a final adjudication of a court of competent jurisdiction prior to the effective date of Senate Bill 2307, 1987 Regular Session (Chapter 359, eff March 18, 1987), and the decision of such court was not appealed within the applicable time period for appeals from such court or was not overturned by any court to which an appeal may have been made. (2) The governing authorities of a municipality may enter into an agreement with an enterprise operating a project as defined in Section 57-75-5(f)(iv)1, Section 57-75-5(f)(xxi), Section 57-75-5(f)(xxviii) or Section 57-75-5(f)(xxix) providing that the municipality shall not change its boundaries so as to include within the limits of such municipality the project site of such a project unless consent thereto shall be obtained in writing from the enterprise operating the project. Such agreement may be for a period not to exceed thirty (30) years. Such agreement shall be binding on future governing authorities of such municipality. (3) No municipality shall change its boundaries so as to include within the limits of such municipality any portion of the area comprising the Bayou Casotte Industrial Zone as provided in Section 2 of this act. SECTION 6. Section 21-1-27, Mississippi Code of 1972, is brought forward as follows: 21-1-27. (1) The limits and boundaries of existing cities, towns and villages shall remain as now established until altered in the manner hereinafter provided. When any municipality shall desire to enlarge or contract the boundaries thereof by adding thereto adjacent unincorporated territory or excluding therefrom any part of the incorporated territory of such municipality, the governing authorities of such municipality shall pass an ordinance defining with certainty the territory proposed to be included in or excluded from the corporate limits, and also defining the entire boundary as changed. In the event the municipality desires to enlarge such boundaries, such ordinance shall in general terms describe the proposed improvements to be made in the annexed territory, the manner and extent of such improvements, and the approximate time within which such improvements are to be made; such ordinance shall also contain a statement of the municipal or public services which such municipality proposes to render in such annexed territory. In the event the municipality shall desire to contract its boundaries, such ordinance shall contain a statement of the reasons for such contraction and a statement showing whereby the public convenience and necessity would be served thereby. (2) [Repealed] (3) [Repealed] SECTION 7. Section 21-1-29, Mississippi Code of 1972, is brought forward as follows: 21-1-29. When any such ordinance shall be passed by the municipal authorities, such municipal authorities shall file a petition in the chancery court of the county in which such municipality is located; however, when a municipality wishes to annex or extend its boundaries across and into an adjoining county such municipal authorities shall file a petition in the chancery court of the county in which such territory is located. The petition shall recite the fact of the adoption of such ordinance and shall pray that the enlargement or contraction of the municipal boundaries, as the case may be, shall be ratified, approved and confirmed by the court. There shall be attached to such petition, as exhibits thereto, a certified copy of the ordinance adopted by the municipal authorities and a map or plat of the municipal boundaries as they will exist in event such enlargement or contraction becomes effective. SECTION 8. Section 21-1-31, Mississippi Code of 1972, is brought forward as follows: 21-1-31. Upon the filing of such petition and upon application therefor by the petitioner, the chancellor shall fix a date certain, either in term time or in vacation, when a hearing on said petition will be held, and notice thereof shall be given in the same manner and for the same length of time as is provided in Section 21-1-15 with regard to the creation of municipal corporations, and all parties interested in, affected by, or being aggrieved by said proposed enlargement or contraction shall have the right to appear at such hearing and present their objection to such proposed enlargement or contraction. However, in all cases of the enlargement of municipalities where any of the territory proposed to be incorporated is located within three miles of another existing municipality, then such other existing municipality shall be made a party defendant to said petition and shall be served with process in the manner provided by law, which process shall be served at least thirty days prior to the date set for the hearing. SECTION 9. Section 21-1-33, Mississippi Code of 1972, is brought forward as follows: 21-1-33. (1) If the chancellor finds from the evidence presented at the hearing that the proposed enlargement or contraction is reasonable and is required by the public convenience and necessity and, in the event of an enlargement of a municipality, that reasonable public and municipal services will be rendered in the annexed territory within a reasonable time and that the governing authority of the municipality complied with the provisions of Section 21-1-27, the chancellor shall enter a decree approving, ratifying and confirming the proposed enlargement or contraction, and describing the boundaries of the municipality as altered. In so doing the chancellor shall have the right and the power to modify the proposed enlargement or contraction by decreasing the territory to be included in or excluded from the municipality, as the case may be. (2) If the chancellor shall find from the evidence that the proposed enlargement or contraction, as the case may be, is unreasonable and is not required by the public convenience and necessity, or in the event of an enlargement of a municipality, that the governing authority of the municipality failed to comply with the provisions of Section 21-1-27, then he shall enter a decree denying the enlargement or contraction. (3) In any event, the decree of the chancellor shall become effective after the passage of ten (10) days from the date thereof or, in the event an appeal is taken therefrom, within ten (10) days from the final determination of the appeal. In any proceeding under this section the burden shall be upon the municipal authorities to show that the proposed enlargement or contraction is reasonable. SECTION 10. Section 21-1-35, Mississippi Code of 1972, is brought forward as follows: 21-1-35. In the event no objection is made to the petition for the enlargement or contraction of the municipal boundaries, the municipality shall be taxed with all costs of the proceedings. In the event objection is made, such costs may be taxed in such manner as the chancellor shall determine to be equitable pursuant to the Mississippi Rules of Civil Procedure. In the event of an appeal from the judgment of the chancellor, the costs incurred in the appeal shall be taxed against the appellant if the judgment be affirmed, and against the appellee if the judgment be reversed. SECTION 11. Section 21-1-37, Mississippi Code of 1972, is brought forward as follows: 21-1-37. If the municipality or any other interested person who was a party to the proceedings in the chancery court be aggrieved by the decree of the chancellor, then such municipality or other person may prosecute an appeal therefrom within the time and in the manner and with like effect as is provided in Section 21-1-21 in the case of appeals from the decree of the chancellor with regard to the creation of a municipal corporation. SECTION 12. Section 21-1-39, Mississippi Code of 1972, is brought forward as follows: 21-1-39. Whenever the corporate limits of any municipality shall be enlarged or contracted, as herein provided, the chancery clerk shall, after the expiration of ten (10) days from the date of such decree if no appeal be taken therefrom, forward to the Secretary of State a certified copy of such decree, which shall be filed in the office of the Secretary of State and shall remain a permanent record thereof. In the event an appeal be taken from such decree and such decree is affirmed, then the certified copy thereof shall be forwarded to the Secretary of State within ten (10) days after receipt of the mandate from the Supreme Court notifying the clerk of such affirmance. SECTION 13. Section 21-1-41, Mississippi Code of 1972, is brought forward as follows: 21-1-41. In all cases where the limits of a municipality are enlarged or contracted the municipal authorities shall furnish to the chancery clerk a map or plat of the boundaries of the municipality as altered. Such map or plat shall be recorded in the official plat book of the county. SECTION 14. Section 27-31-1, Mississippi Code of 1972, is brought forward as follows: 27-31-1. The following shall be exempt from taxation: (a) All cemeteries used exclusively for burial purposes. (b) All property, real or personal, belonging to the State of Mississippi or any of its political subdivisions, except property of a municipality not being used for a proper municipal purpose and located outside the county or counties in which such municipality is located. A proper municipal purpose within the meaning of this section shall be any authorized governmental or corporate function of a municipality. (c) All property, real or personal, owned by units of the Mississippi National Guard, or title to which is vested in trustees for the benefit of any unit of the Mississippi National Guard; provided such property is used exclusively for such unit, or for public purposes, and not for profit. (d) All property, real or personal, belonging to any religious society, or ecclesiastical body, or any congregation thereof, or to any charitable society, or to any historical or patriotic association or society, or to any garden or pilgrimage club or association and used exclusively for such society or association and not for profit; not exceeding, however, the amount of land which such association or society may own as provided in Section 79-11-33. All property, real or personal, belonging to any foundation organized as a nonprofit corporation that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code and that receives, invests and administers private support for a state-supported institution of higher learning, a public community college or junior college located in the State of Mississippi or a nonprofit private university or college located in the State of Mississippi, as the case may be. For the sole purpose of applying the preceding sentence, all property, real or personal, belonging to an entity that is wholly owned by and controlled by such a foundation shall be treated as belonging to the foundation, provided such property is not leased or otherwise used to generate revenue that is not used exclusively to benefit an institution described above. All property, real or personal, belonging to any rural waterworks system or rural sewage disposal system incorporated under the provisions of Section 79-11-1. All property, real or personal, belonging to any college or institution for the education of youths, used directly and exclusively for such purposes, provided that no such college or institution for the education of youths shall have exempt from taxation more than six hundred forty (640) acres of land; provided, however, this exemption shall not apply to commercial schools and colleges or trade institutions or schools where the profits of same inure to individuals, associations or corporations. All property, real or personal, belonging to an individual, institution or corporation and used for the operation of a grammar school, junior high school, high school or military school. All property, real or personal, owned and occupied by a fraternal and benevolent organization, when used by such organization, and from which no rentals or other profits accrue to the organization, but any part rented or from which revenue is received shall be taxed. (e) All property, real or personal, held and occupied by trustees of public schools, and school lands of the respective townships for the use of public schools, and all property kept in storage for the convenience and benefit of the State of Mississippi in warehouses owned or leased by the State of Mississippi, wherein said property is to be sold by the Alcoholic Beverage Control Division of the Department of Revenue. (f) All property, real or personal, whether belonging to religious or charitable or benevolent organizations, which is used for hospital purposes, and nurses' homes where a part thereof, and which maintain one or more charity wards that are for charity patients, and where all the income from said hospitals and nurses' homes is used entirely for the purposes thereof and no part of the same for profit. All property, real or personal, belonging to a federally qualified health center where all the income from such center is used entirely for the purposes thereof and no part of the same for profit. (g) The wearing apparel of every person; and also jewelry and watches kept by the owner for personal use to the extent of One Hundred Dollars ($100.00) in value for each owner. (h) Provisions on hand for family consumption. (i) All farm products grown in this state for a period of two (2) years after they are harvested, when in the possession of or the title to which is in the producer, except the tax of one-fifth of one percent (1/5 of 1%) per pound on lint cotton now levied by the Board of Commissioners of the Mississippi Levee District; and lint cotton for five (5) years, and cottonseed, soybeans, oats, rice and wheat for one (1) year regardless of ownership. (j) All guns and pistols kept by the owner for private use. (k) All poultry in the hands of the producer. (l) Household furniture, including all articles kept in the home by the owner for his own personal or family use; but this shall not apply to hotels, rooming houses or rented or leased apartments. (m) All cattle and oxen. (n) All sheep, goats and hogs. (o) All horses, mules and asses. (p) Farming tools, implements and machinery, when used exclusively in the cultivation or harvesting of crops or timber. (q) All property of agricultural and mechanical associations and fairs used for promoting their objects, and where no part of the proceeds is used for profit. (r) The libraries of all persons. (s) All pictures and works of art, not kept for or offered for sale as merchandise. (t) The tools of any mechanic necessary for carrying on his trade. (u) All state, county, municipal, levee, drainage and all school bonds or other governmental obligations, and all bonds and/or evidences of debts issued by any church or church organization in this state, and all notes and evidences of indebtedness which bear a rate of interest not greater than the maximum rate per annum applicable under the law; and all money loaned at a rate of interest not exceeding the maximum rate per annum applicable under the law; and all stock in or bonds of foreign corporations or associations shall be exempt from all ad valorem taxes. (v) All lands and other property situated or located between the Mississippi River and the levee shall be exempt from the payment of any and all road taxes levied or assessed under any road laws of this state. (w) Any and all money on deposit in either national banks, state banks or trust companies, on open account, savings account or time deposit. (x) All wagons, carts, drays, carriages and other horse-drawn vehicles, kept for the use of the owner. (y) (i) Boats, seines and fishing equipment used in fishing and shrimping operations and in the taking or catching of oysters. (ii) All towboats, tugboats and barges documented under the laws of the United States, except watercraft of every kind and character used in connection with gaming operations. (z) (i) All materials used in the construction and/or conversion of vessels in this state; (ii) Vessels while under construction and/or conversion; (iii) Vessels while in the possession of the manufacturer, builder or converter, for a period of twelve (12) months after completion of construction and/or conversion; however, the twelve-month limitation shall not apply to: 1. Vessels used for the exploration for, or production of, oil, gas and other minerals offshore outside the boundaries of this state; or 2. Vessels that were used for the exploration for, or production of, oil, gas and other minerals that are converted to a new service for use outside the boundaries of this state; (iv) 1. In order for a vessel described in subparagraph (iii) of this paragraph (z) to be exempt for a period of more than twelve (12) months, the vessel must: a. Be operating or operable, generating or capable of generating its own power or connected to some other power source, and not removed from the service or use for which manufactured or to which converted; and b. The manufacturer, builder, converter or other entity possessing the vessel must be in compliance with any lease or other agreement with any applicable port authority or other entity regarding the vessel and in compliance with all applicable tax laws of this state and applicable federal tax laws. 2. A vessel exempt from taxation under subparagraph (iii) of this paragraph (z) may not be exempt for a period of more than three (3) years unless the board of supervisors of the county and/or governing authorities of the municipality, as the case may be, in which the vessel would otherwise be taxable adopts a resolution or ordinance authorizing the extension of the exemption and setting a maximum period for the exemption. (v) As used in this paragraph (z), the term "vessel" includes ships, offshore drilling equipment, dry docks, boats and barges, except watercraft of every kind and character used in connection with gaming operations. (aa) Sixty-six and two-thirds percent (66-2/3%) of nuclear fuel and reprocessed, recycled or residual nuclear fuel by-products, fissionable or otherwise, used or to be used in generation of electricity by persons defined as public utilities in Section 77-3-3. (bb) All growing nursery stock. (cc) A semitrailer used in interstate commerce. (dd) All property, real or personal, used exclusively for the housing of and provision of services to elderly persons, disabled persons, mentally impaired persons or as a nursing home, which is owned, operated and managed by a not-for-profit corporation, qualified under Section 501(c)(3) of the Internal Revenue Code, whose membership or governing body is appointed or confirmed by a religious society or ecclesiastical body or any congregation thereof. (ee) All vessels while in the hands of bona fide dealers as merchandise and which are not being operated upon the waters of this state shall be exempt from ad valorem taxes. As used in this paragraph, the terms "vessel" and "waters of this state" shall have the meaning ascribed to such terms in Section 59-21-3. (ff) All property, real or personal, owned by a nonprofit organization that: (i) is qualified as tax exempt under Section 501(c)(4) of the Internal Revenue Code of 1986, as amended; (ii) assists in the implementation of the national contingency plan or area contingency plan, and which is created in response to the requirements of Title IV, Subtitle B of the Oil Pollution Act of 1990, Public Law 101-380; (iii) engages primarily in programs to contain, clean up and otherwise mitigate spills of oil or other substances occurring in the United States coastal or tidal waters; and (iv) is used for the purposes of the organization. (gg) If a municipality changes its boundaries so as to include within the boundaries of such municipality the project site of any project as defined in Section 57-75-5(f)(iv)1, Section 57-75-5(f)(xxi) or Section 57-75-5(f)(xxviii) or Section 57-75-5(f)(xxix), all real and personal property located on the project site within the boundaries of such municipality that is owned by a business enterprise operating such project, shall be exempt from ad valorem taxation for a period of time not to exceed thirty (30) years upon receiving approval for such exemption by the Mississippi Major Economic Impact Authority. The provisions of this paragraph shall not be construed to authorize a breach of any agreement entered into pursuant to Section 21-1-59. (hh) All leases, lease contracts or lease agreements (including, but not limited to, subleases, sublease contracts and sublease agreements), and leaseholds or leasehold interests (including, but not limited to, subleaseholds and subleasehold interests), of or with respect to any and all property (real, personal or mixed) constituting all or any part of a facility for the manufacture, production, generation, transmission and/or distribution of electricity, and any real property related thereto, shall be exempt from ad valorem taxation during the period as the United States is both the title owner of the property and a sublessee of or with respect to the property; however, the exemption authorized by this paragraph (hh) shall not apply to any entity to whom the United States sub-subleases its interest in the property nor to any entity to whom the United States assigns its sublease interest in the property. As used in this paragraph, the term "United States" includes an agency or instrumentality of the United States of America. This paragraph (hh) shall apply to all assessments for ad valorem taxation for the 2003 calendar year and each calendar year thereafter. (ii) All property, real, personal or mixed, including fixtures and leaseholds, used by Mississippi nonprofit entities qualified, on or before January 1, 2005, under Section 501(c)(3) of the Internal Revenue Code to provide support and operate technology incubators for research and development start-up companies, telecommunication startup companies and/or other technology startup companies, utilizing technology spun-off from research and development activities of the public colleges and universities of this state, State of Mississippi governmental research or development activities resulting therefrom located within the State of Mississippi. (jj) All property, real, personal or mixed, including fixtures and leaseholds, of start-up companies (as described in paragraph (ii) of this section) for the period of time, not to exceed five (5) years, that the startup company remains a tenant of a technology incubator (as described in paragraph (ii) of this section). (kk) All leases, lease contracts or lease agreements (including, but not limited to, subleases, sublease contracts and sublease agreements), and leaseholds or leasehold interests, of or with respect to any and all property (real, personal or mixed) constituting all or any part of an auxiliary facility, and any real property related thereto, constructed or renovated pursuant to Section 37-101-41. (ll) Equipment brought into the state temporarily for use during a disaster response period as provided in Sections 27-113-1 through 27-113-9 and subsequently removed from the state on or before the end of the disaster response period as defined in Section 27-113-5. (mm) For any lease or contractual arrangement to which the Department of Finance and Administration and a nonprofit corporation are a party to as provided in Section 39-25-1(5), the nonprofit corporation shall, along with the possessory and leasehold interests and/or real and personal property of the corporation, be exempt from all ad valorem taxation, including, but not limited to, school, city and county ad valorem taxes, for the term or period of time stated in the lease or contractual arrangement. (nn) All property, real or personal, that is owned, operated and managed by a not for profit corporation qualified under Section 501(c)(3) of the Internal Revenue Code, and used to provide, free of charge, (i) a practice facility for a public school district swim team, and (ii) a facility for another not for profit organization as defined under Section 501(c)(3) of the Internal Revenue Code to conduct water safety and lifeguard training programs. This section shall not apply to real or personal property owned by a country club, tennis club with a pool, or any club requiring stock ownership for membership (oo) Any all terrain vehicle, as defined in Section 63 21 5, when held by a retailer on a consignment or floor plan basis. SECTION 15. This act shall take effect and be in force from and after its passage.
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