SB 3168 Mississippi Senate · 2025 Regular Session

Data center enterprises; revise certain definitions and other provisions relating to tax exemptions.

SB 3168 revises Mississippi's tax exemption rules for qualifying data center businesses. It sets investment thresholds: $250 million for new data centers (creating 35+ jobs at 125% of state average wage) or $100 million for expansions, requiring businesses to maintain these standards. The bill automatically grants up to two 10-year tax exemption extensions for expansions (including hardware replacement) and gives businesses 60 days to fix tax compliance issues before losing exemptions. This bill, which died in committee on March 18, 2025, directly affects eligible data center operators seeking sales, use, franchise, and electricity tax exemptions.
Bill status died 3 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Feb 2025
Senate Passage
Feb 2025
House Passage
Governor
Introduced Feb 27, 2025 Last action Mar 18, 2025
Maddy AI version diff · 1 comparison

What changed between versions

As Introduced Current version · 8 edits
MODERATE
This bill significantly revised Mississippi's data center tax exemption program by lowering capital investment thresholds, changing application procedures, and modifying enforcement timelines. The changes make it easier for smaller data center projects to qualify for tax breaks while shifting administrative responsibilities between state agencies.
Scope change
The bill's scope expanded eligibility by reducing minimum capital investment requirements from $250 million to $20 million for new data centers and from $100 million to $20 million for expansions, while also adding a new category for smaller projects.
ELIGIBILITY

Reduced minimum capital investment threshold for new data centers from $250 million to $20 million, and for expansions from $100 million to $20 million.

Reduced minimum job creation requirement from 35 jobs to 20 jobs for qualifying data center projects.

REQUIREMENT

Changed application process so smaller data center projects (under $100 million) apply directly to the Department of Revenue instead of the Mississippi Development Authority.

Added requirement for applications to include pro forma financial statements and data supporting the expertise of project principals.

ENFORCEMENT

Extended the compliance remediation period from an unspecified timeframe to 60 days from notice of noncompliance before tax-exempt status is forfeited.

DEFINITION

Added new definition for 'digital asset' to clarify what types of digital assets are excluded from the tax exemption program.

Clarified 'data center' definition to include 'manipulate' in addition to 'process' digital data.

TIMELINE

Changed effective date to July 1, 2025, with repeal scheduled for June 30, 2025, creating a one-year window for implementation.

Floor votes · Senate Feb 26, 2025

How they voted

510
Passed
Total votes 51
Feb 26, 2025
D Democratic16
16 Yea
100% Yea
R Republican35
35 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
6
Key actions
2
Committee
3
Feb 28, 2025
Committee
Referred To State Affairs;Ways and Means
lower
Feb 27, 2025
Introduced
Transmitted To House
upper
Feb 26, 2025
Upper · Passed
Passed
upper
Feb 25, 2025
Upper · Passed
Title Suff Do Pass
upper
Feb 24, 2025
Committee
Referred To Finance
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Josh Harkins
Josh Harkins
RRepublican
MS
20