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MISSISSIPPI AIRPORTS ASSOCIATION 2016 Legislative Report
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2 www.bakerdonelson.com © 2016 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Bills Signed into Law House Bill 1074 Creates an "Economic Development and Infrastructure Fund" in the State Treasury and directs the Mississippi Development Authority to develop programs to: Assist with infrastructure development and reconstruction in gaming counties Assist with air service development in gaming counties by assisting Part 121 carriers through: revenue and seat guaranties seat cost mitigation ground handling marketing From available funds, not less than $2.5 million are to be used for air service development
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3 www.bakerdonelson.com © 2016 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Bills Signed into Law House Bill 1078 Extends Sunset from July 1, 2016 to July 1, 2019 Statute authorizes an Income Tax Credit for businesses utilizing airports for export or import of cargo Statute continues to require the business to: Locate its United States headquarters in Mississippi on or after July 1, 2005 Employ at least five (5) new permanent full-time employees at the Mississippi headquarters Invest a minimum of $2,000,000, in the aggregate, in real property and/or personal property in Mississippi after July 1, 2005
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4 www.bakerdonelson.com © 2016 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Bills Signed into Law Subject to the limits below, statute provides a credit against up to 50% of income tax liability for the amounts expended for receiving into the airport, aircraft marshalling or handling fees and aircraft landing fees. The maximum cumulative credit that may be claimed by a taxpayer under this section is: $1,000,000 if at least 5, but not more than 25 permanent full-time employees $2,000,000 if the taxpayer employs more than 25 but not more than 100 permanent full-time employees $3,000,000 if the taxpayer employs more than 100, but not more than 200 permanent full-time employees $4,000,000 if the taxpayer employs more than 200 permanent full-time employees All jobs counted must be at the company’s headquarters in Mississippi
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5 www.bakerdonelson.com © 2016 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Bills Signed into Law CAN BE USED FOR NEW CONSTRUCTION House Bill 1381 Provides regulatory framework for Transportation Network Companies such as Uber and Lyft Companies must be licensed by the Mississippi Insurance Department Driver information must be provided on company’s website Disqualifies certain individuals from working as drivers
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6 www.bakerdonelson.com © 2016 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Bills Signed into Law Senate Bill 2162 Abolishes Jackson Municipal Airport Authority Creates Jackson Metropolitan Area Airport Authority JMAAA to have Nine (9) Member Board Adjutant General of the State of Mississippi Executive Director of the Mississippi Development Authority One appointee of the Mayor of Jackson One appointee of the Jackson City Council One appointee of the Madison County Board of Supervisors One appointee of the Rankin County Board of Supervisors Two appointees of the Governor (Jackson residents) One appointee of the Lieutenant Governor (Jackson resident)
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7 www.bakerdonelson.com © 2016 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Bills Signed into Law Senate Bill 2162 (cont’d) Commissioners must meet Minimum Qualification Requirements at least 10 years' experience as a certified public accountant or charter financial analyst business owners with at least 10 years' experience in executive management at least 10 years' experience in the aviation industry at least 10 years' experience in economic development attorneys with at least 10 years' experience in commercial law, construction law or aviation law
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8 www.bakerdonelson.com © 2016 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Bills Signed into Law Senate Bill 2162 (cont’d) persons who have been holders of a pilot's license or certification issued by the Federal Aviation Administration for at least 10 years at least 10 years' experience in dealing with public financing transactions at least 10 years' experience as a registered professional engineer Does not change ownership of land or right to receive tax revenues Note effective until FAA approves transfer of operating certificate for JAN
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9 www.bakerdonelson.com © 2016 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Bills Signed into Law Senate Bill 2533 Amends the Mississippi Public Records Act to provide that a public body must disclose what might otherwise be protected confidential or proprietary information provided by a third party if the third-party does not secure a protective order within 21 days Time is measured from the date the public body gives notice to the third-party No time limit is imposed for the public body to give notice to the third-party
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10 www.bakerdonelson.com © 2016 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Bills Signed into Law Senate Bill 2593 Amends Mississippi Public Records Act to provide that a public body need not disclose the contents of a sealed-proposal if there are on-going negotiations The public body must, however, disclose the contents within seven (7) working days after issuance of a notice of intent to award a contract Provides a potential protestor a reasonable period of time – not less than seven (7) working days – after receipt of a copy of a competitor's sealed proposal to protest the award
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11 www.bakerdonelson.com © 2016 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Bills Signed into Law Senate Bill 2587 Limits interim appointments and holdovers on municipal boards, commissions and authorities to 180 days Prohibits expenditure of municipal funds to compensate interim appointments or holdovers past 180 days
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12 www.bakerdonelson.com © 2016 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC D. Jeffrey Wagner Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. One Eastover Center 100 Vision Drive, Suite 400 Jackson, MS 39211 Telephone: (601) 973-3610 Facsimile: (601) 714-9910 Email: jwagner@bakerdonelson.com
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