MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Ways and Means

By: Representative Cummings

AN ACT TO CREATE THE TRI-STATE COMMERCE PARK AREA PROJECT BOARD; TO PROVIDE FOR THE MEMBERSHIP AND TERMS OF OFFICE FOR MEMBERS OF THE BOARD AND THE POWERS AND DUTIES OF SUCH BOARD; TO CREATE A SPECIAL FUND IN THE STATE TREASURY TO BE KNOWN AS "THE TRI-STATE AREA COMMERCE PARK AREA PROJECT FUND"; TO AMEND SECTION 57-75-5, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF THE TERM "PROJECT" IN THE MISSISSIPPI MAJOR ECONOMIC IMPACT ACT; TO AMEND SECTION 57-75-11, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE MISSISSIPPI MAJOR ECONOMIC IMPACT AUTHORITY TO TRANSFER CERTAIN PROPERTY TO THE TRI-STATE COMMERCE PARK AREA PROJECT BOARD; TO AMEND SECTION 57-75-29, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE TRANSFER OF THE POWERS, DUTIES, EMPLOYEES AND PROPERTY OF THE YELLOW CREEK REGIONAL PROJECT BOARD TO THE TRI-STATE COMMERCE PARK AREA PROJECT BOARD; TO AMEND SECTION 57-75-31, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE TRANSFER OF FUNDS FROM THE YELLOW CREEK PROJECT AREA FUND TO THE TRI-STATE COMMERCE PARK AREA PROJECT FUND UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 27-104-27, MISSISSIPPI CODE OF 1972, TO EXEMPT THE TRI-STATE COMMERCE PARK AREA PROJECT FUND FROM THE REQUIREMENT OF AN APPROPRIATION; TO BRING FORWARD FOR PURPOSES OF AMENDMENT SECTION 29-1-1, MISSISSIPPI CODE OF 1972, TO AMEND SECTION 29-9-9, MISSISSIPPI CODE OF 1972, AUTHORIZE THE YELLOW CREEK REGIONAL PROJECT BOARD OR THE TRI-STATE COMMERCE PARK AREA PROJECT BOARD, AS APPROPRIATE, TO DISPOSE OF UNNEEDED PERSONAL PROPERTY UNDER SUCH RULES AND REGULATIONS AS MAY BE ADOPTED BY SUCH BOARD; AND FOR RELATED PURPOSES. 

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

SECTION 1. The following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:

(a) "Board" means the Tri-State Commerce Park Area Project Board established in Section 2 of House Bill No. , 1998 Regular Session.

(b) "Facility related to the project" means and includes any of the following, as the same may pertain to the project within the project area: (i) facilities to provide potable and industrial water supply systems and sewage and waste disposal systems to the site of the project; (ii) airports, airfields and air terminals; (iii) rail lines; (iv) port facilities; (v) highways, streets and other roadways; (vi) public school buildings, classrooms and instructional facilities, including any functionally related facilities; (vii) parks, outdoor recreation facilities and athletic facilities; (viii)

auditoriums, pavilions, campgrounds, art centers, cultural centers, folklore centers and other public facilities; and (ix) health care facilities, public or private.

(c) "Project" means:

(i) Any property described in Section 57-75-5(f)(vii), and which is legally conveyed by the State of Mississippi to the Tri-State Commerce Park Area Project Board, its successors or assigns.

(ii) Any property acquired by the State of Mississippi pursuant Section 57-75-27, and which is legally conveyed by the State of Mississippi to Tri-State Commerce Park Area Project Board, its successors and assigns.

(d) "Project area" means the project site, together with any area or territory within the state lying within sixty-five (65) miles of any portion of the project site whether or not such area or territory be contiguous. The project area shall also include all territory within a county if any portion of such county lies within sixty-five (65) miles of any portion of the project site. "Project site" means the real property on which the principal facilities of an enterprise located on the project will operate.

(e) "Public agency" means:

(i) Any department, board, commission, institution or other agency or instrumentality of the state;

(ii) Any city, town, county, political subdivision, school district or other district created or existing under the laws of the state or any public agency of any such city, town, county, political subdivision or district;

(iii) Any department, commission, agency or instrumentality of the United States of America; and

(iv) Any other state of the United States of America which may be cooperating with the board with respect to development of the project.

(f) "State" means State of Mississippi.

SECTION 2. (1) There is created the Tri-State Commerce Park Area Project Board a body politic and corporate and created for the performance of essential public functions. The board shall not be subject to the state personnel laws or any state laws regarding the disposition of property.

(2) The board is created for the purpose of developing and effectuating plans and programs for the comprehensive development of all or a portion of the

project.

(3) The board shall consist of the members of the board created in Section 57-75-29, who shall continue to serve until January 1, 2000. Members of the board appointed from and after January 1, 2000 shall be appointed as follows:

(a) Three (3) members who are residents of Tishomingo County, Mississippi, who shall be appointed by the Board of Supervisors of Tishomingo County;

(b) Two (2) members who are residents of Alcorn County, Mississippi, who shall be appointed by the Board of Supervisors of Alcorn County;

(c) Two (2) members who are residents of Itawamba County, Mississippi, who shall be appointed by the Board of Supervisors of Itawamba County; and

(d) Two (2) members who are residents of Prentiss County, Mississippi, who shall be appointed by the Board of Supervisors of Prentiss County.

(4) Members of the board shall serve for a term concurrent with the term of the appointing authority and until their successor is appointed. Any vacancy on the board shall be filled by appointment of the original appointing authority for the remainder of the unexpired term.

(5) Members of the board shall receive no compensation for their services, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties, as provided in Section 25-3-41 for state officers and employees. The board shall operate under the rules and regulations of the board and shall meet at such times as determined by the board. The members of the board shall select a chairman and a vice-chairman from among their membership. The board shall adopt such bylaws, rules and regulations as may be necessary to govern the time, place and manner for holding subsequent meetings of the board and for the conduct of its business, not inconsistent with the provisions of this act. All meetings of the board shall be conducted in accordance with Section 25-41-1 et seq. Any action taken by the board shall be official at the time the action is taken. Actions may be taken by the board at any regular, special or recessed meeting. The board shall meet at least once quarterly at a time and place determined by the board. The board shall keep minutes of its proceedings as necessary to carry out its responsibilities. A quorum of the board shall consist of six (6) members.

SECTION 3. The board, in addition to any and all powers now or hereafter granted to it, shall have all powers necessary to carry out the purposes of this chapter, including, but not limited to the power:

(a) To maintain an office at a place or places within the state.

(b) To employ an executive director and establish the specific duties of the office, including day to day administration and implementing policies established by the board.

(c) To select, employ or appoint persons to serve as staff and as agents of the board and to define their duties and fix their compensation.

(d) To employ or contract with architects, engineers, attorneys, accountants, construction and financial experts and such other advisors, consultants and agents as may be necessary in its judgment and to fix and pay their compensation.

(e) To make such applications and enter into such contracts for financial assistance as may be appropriate under applicable federal or state law.

(f) To apply for, accept and utilize grants, gifts and other funds or aid from any source for any purpose contemplated by the act, and to comply, subject to the provisions of this act, with the terms and conditions thereof.

(g) To acquire by purchase, lease, gift, or in other manner, or obtain options to acquire, and to own, maintain, use, operate and convey any and all property of any kind, real, personal, or mixed, or any interest or estate therein, within the project area, necessary for the project or any facility related to the project.

(h) To acquire by purchase or lease any public lands and public property, including sixteenth section lands and lieu lands, within the project area, which are necessary for the project.

(i) To make or cause to be made any examinations and surveys as may be necessary to the planning, design, construction and operation of the project.

(j) To negotiate the necessary relocation or rerouting of roads and highways, railroads, telephone and telegraph lines and properties, electric power lines, pipelines and related facilities, or to require the anchoring or other protection of any of these, provided due compensation is paid to the owners thereof or agreement is had with such owners regarding the payment of the cost of such relocation, and to acquire easements or rights-of-way for such relocation or rerouting and to convey the same to the owners of the facilities being relocated or rerouted in connection with the purposes of this act.

(k) To construct, extend, improve, maintain, and reconstruct, to cause to be constructed, extended, improved, maintained, and reconstructed, and to use and operate any and all components of the project or any facility related to the project, with the concurrence of the affected public agency, within the project area, necessary to the project and to the exercise of such powers, rights, and privileges granted the authority.

(l) To incur or defray any designated portion of the cost of any component of the project or any facility related to the project acquired or constructed by any public agency.

(m) To lease, sell or convey any or all property acquired by the board under the provisions of this chapter to an enterprise, its successors or assigns, and in connection therewith to pay the costs of title search, perfection of title, title insurance and recording fees as may be required. The board may provide in the instrument conveying such property a provision that such property shall revert to the board if, as and when the property is declared by the enterprise to be no longer needed. In making any conveyance of property, the board may convey such property upon such terms as the board deems appropriate, and shall not be required to comply any state law or regulation regarding the disposition of property.

(n) To establish and maintain reasonable rates and charges for the use of any facility within the project area owned or operated by the board, and from time to time to adjust such rates and to impose penalties for failure to pay such rates and charges when due.

(o) To adopt and enforce with the concurrence of the affected public agency all necessary and reasonable rules and regulations to carry out and effectuate the implementation of the project and any land use plan or zoning classification adopted for the project area, including but not limited to rules, regulations, and restrictions concerning mining, construction, excavation or any other activity the occurrence of which may endanger the structure or operation of the project. Such rules may be enforced within the project area and without the project area as necessary to protect the structure and operation of the project. The board is authorized to plan or replan, zone or rezone, and make exceptions to any regulations, whether local or state, with the concurrence of the affected public agency which are inconsistent with the design, planning, construction or operation of the project and facilities related to the project.

(p) To plan, design, coordinate and implement measures and programs to mitigate impacts on the natural environment caused by the project or any facility related to the project.

(q) To consult with the State Department of Education and other public agencies for the purpose of improving public schools and curricula within the project area.

(r) To consult with the State Board of Health and other public agencies for the purpose of improving medical centers, hospitals and public health centers in order to provide appropriate health care facilities within the project area.

(s) To consult with the Department of Economic and Community Development and other public agencies for the purpose of developing plans for technical assistance, loan programs and any other actions to maximize the economic impact related to the project.

(t) To deposit into the "Tri-County Commerce Park Area Project Fund" created in Section 4 of House Bill No. , 1998 Regular Session, any funds or aid received as authorized in this chapter for the project, and any funds received from the sale or lease of property from the project pursuant to the powers exercised under this section.

(u) To borrow money from individuals, private or public companies and private or public lending institutions in order to promote any of the purposes of this chapter and give security therefor, if required. The authority to borrow money shall not be limited, except that any such borrowing undertaken by the board shall be on terms and conditions that are prudent in the sound judgment of the board, and the interest on any such loan shall not exceed the amount specified in Section 75-17-101.

(v) To promulgate rules and regulations necessary to effectuate the purposes of this act.

(w) To exercise all powers necessary to carry out the purposes of this chapter.

SECTION 4. There is created in the State Treasury a special fund to be designated the "Tri-State Commerce Park Area Project Fund" into which shall be deposited any funds authorized to be deposited pursuant to this chapter and any monies transferred pursuant to Section 57-75-31. Money deposited into the fund shall not lapse at the end of any fiscal year and investment earning on the proceeds in such special fund shall be deposited into such fund. Money from such fund shall be disbursed therefrom upon warrants issued by the State Fiscal Officer upon requisitions signed by the Chairman of the Tri-State Commerce Park Area Project Board in carrying out its duties under this chapter.

SECTION 5. Section 57-75-5, Mississippi Code of 1972, is amended as follows:

57-75-5. Words and phrases used in this chapter shall have meanings as follows, unless the context clearly indicates a different meaning:

(a) "Act" means the Mississippi Major Economic Impact Act as originally enacted or as hereafter amended.

(b) "Authority" means the Mississippi Major Economic Impact Authority created pursuant to the act.

(c) "Bonds" means general obligation bonds, interim notes and other evidences of debt of the State of Mississippi issued pursuant to this chapter.

(d) "Facility related to the project" means and includes any of the following, as the same may pertain to the project within the project area: (i) facilities to provide potable and industrial water supply systems, * * * sewage and waste disposal systems and water, natural gas and electric transmission systems to the site of the project; (ii) airports, airfields and air terminals; (iii) rail lines; (iv) port facilities; (v) highways, streets and other roadways; (vi) public school buildings, classrooms and instructional facilities, including any functionally related facilities; (vii) parks, outdoor recreation facilities and athletic facilities; (viii) auditoriums, pavilions, campgrounds, art centers, cultural centers, folklore centers and other public facilities; and (ix) health care facilities, public or private.

(e) "Person" means any natural person, corporation, association, partnership, receiver, trustee, guardian, executor, administrator, fiduciary, governmental unit, public agency, political subdivision, or any other group acting as a unit, and the plural as well as the singular.

(f) "Project" means:

(i) Any industrial, commercial, research and development, warehousing, distribution, transportation, processing, mining, United States Government or tourism enterprise together with all real property required for construction, maintenance and operation of the enterprise with an initial capital investment of not less than Three Hundred Million Dollars ($300,000,000.00) from private or United States Government sources together with all buildings, and other supporting land and facilities, structures or improvements of whatever kind required or useful for construction, maintenance and operation of the enterprise; "project" shall also include any addition to or expansion of an existing enterprise if such addition or expansion has an initial capital investment of not less than Three Hundred Million Dollars ($300,000,000.00) from private or United States Government sources.

(ii) Any enterprise that directly will employ and maintain a minimum of three thousand five hundred (3,500) people within a three-year period with an initial capital investment from any source of not less than Fifty Million Dollars ($50,000,000.00). The provisions of this subparagraph (ii) shall be repealed from and after July 1, 1996.

(iii) Any major capital project designed to improve, expand or otherwise enhance any active duty United States Air Force or Navy training bases or naval stations, their support areas or their military operations, upon designation by the authority that any such base was or is at risk to be recommended for closure or realignment pursuant to the Defense Base Closure and Realignment Act of 1990; or any major development project determined by the authority to be necessary to acquire base properties and to provide employment opportunities through construction of projects as defined in Section 57-3-5, which shall be located on or provide direct support service or access to such military installation property as such property exists on July 1, 1993, in the event of closure or reduction of military operations at the installation. From and after July 1, 1997, projects described in this subparagraph (iii) shall not be considered to be within the meaning of the term "project" for purposes of this section, unless such projects are commenced before July 1, 1997, and shall not be eligible for any funding provided under the Mississippi Major Economic Impact Act.

(iv) Any enterprise to be maintained, improved or constructed in Tishomingo County by or for a National Aeronautics and Space Administration facility in such county.

(v) Any major capital project designed to improve, expand or enhance any state-owned port facility located on the Gulf of Mexico, which project will support and attract a two million (2,000,000) ton increase in cargo and three hundred fifty (350) direct port-related jobs and which is in keeping with a developed and approved master plan, or any major capital project developed under the name "Project Greystone" and/or any major capital project designed to build, construct or develop an automobile or truck assembly facility within the State of Mississippi, which project or facility will create, directly or indirectly, two thousand (2,000) jobs with an initial capital investment from any source of not less than Three Hundred Fifty Million Dollars ($350,000,000.00). The architectural and engineering fees on any such project shall not exceed four and one-half percent (4-1/2%) of the total construction cost of such project.

(vi) Any major capital project designed to construct the corporate headquarters and initial factory, to be located in the Golden Triangle Region of the state, for any Mississippi corporation that develops, constructs and operates automated robotic systems to improve the quality of, and reduce the costs of, manufacturing wire harness assemblies for certain industries, or manufactures thin film polymer lithium-ion rechargeable batteries which project has a ten-year strategic plan of supporting one thousand (1,000) direct project-related jobs for each group of wire harness contracts amounting to Thirty-five Million Dollars ($35,000,000.00), or which has a ten-year strategic plan of supporting one thousand five hundred (1,500) direct project-related jobs for each group of polymer lithium-ion rechargeable battery contracts amounting to Forty Million Dollars ($40,000,000.00).

(vii) Any real property owned or controlled by the National Aeronautics and Space Administration, the United States Government, or any agency thereof, which is legally conveyed to the State of Mississippi or to the State of Mississippi for the benefit of the Mississippi Major Economic Impact Authority, its successors and assigns pursuant to Section 212 of Public Law 104-99, enacted January 26, 1996 (110 Stat. 26 at 38), and which is legally conveyed by the State of Mississippi to the Tri-State Commerce Park Area Board created in Section 2 of House Bill No.

, 1998 Regular Session.

(viii) Any major capital project designed to manufacture, produce and transmit electrical power using natural gas as its primary raw material to be constructed and maintained in Panola County, Mississippi, with an initial capital investment of not less than Two Hundred Fifty Million Dollars ($250,000,000.00).

(g) "Project area" means the project site, together with any area or territory within the state lying within sixty-five (65) miles of any portion of the project site whether or not such area or territory be contiguous. The project area shall also include all territory within a county if any portion of such county lies within sixty-five (65) miles of any portion of the project site. "Project site" means the real property on which the principal facilities of the enterprise will operate.

(h) "Public agency" means:

(i) Any department, board, commission, institution or other agency or instrumentality of the state;

(ii) Any city, town, county, political subdivision, school district or other district created or existing under the laws of the state or any public agency of any such city, town, county, political subdivision or district;

(iii) Any department, commission, agency or instrumentality of the United States of America; and

(iv) Any other state of the United States of America which may be cooperating with respect to location of the project within the state, or any agency thereof.

(i) "State" means State of Mississippi.

SECTION 6. Section 57-75-11, Mississippi Code of 1972, is amended as follows:

57-75-11. The authority, in addition to any and all powers now or hereafter granted to it, is empowered and shall exercise discretion and the use of these powers depending on the circumstances of the project or projects:

(a) To maintain an office at a place or places within the state.

(b) To employ or contract with architects, engineers, attorneys, accountants, construction and financial experts and such other advisors, consultants and agents as may be necessary in its judgment and to fix and pay their compensation.

(c) To make such applications and enter into such contracts for financial assistance as may be appropriate under applicable federal or state law.

(d) To apply for, accept and utilize grants, gifts and other funds or aid from any source for any purpose contemplated by the act, and to comply, subject to the provisions of this act, with the terms and conditions thereof.

(e) To acquire by purchase, lease, gift, or in other manner, including quick-take eminent domain, or obtain options to acquire, and to own, maintain, use, operate and convey any and all property of any kind, real, personal, or mixed, or any interest or estate therein, within the project area, necessary for the project or any facility related to the project. The provisions of this paragraph that allow the acquisition of property by quick-take eminent domain shall be repealed by operation of law on July 1, 1994.

(f) To acquire by purchase or lease any public lands and public property, including sixteenth section lands and lieu lands, within the project area, which are necessary for the project. Sixteenth section lands or lieu lands acquired under this act shall be deemed to be acquired for the purposes of industrial development thereon and such acquisition will serve a higher public interest in accordance with the purposes of this act.

(g) If the authority identifies any land owned by the state as being necessary, for the location or use of the project, or any facility related to the project, to recommend to the Legislature the conveyance of such land or any interest therein, as the Legislature deems appropriate.

(h) To make or cause to be made such examinations and surveys as may be necessary to the planning, design, construction and operation of the project.

(i) From and after the date of notification to the authority by the enterprise that the state has been finally selected as the site of the project, to acquire by condemnation and to own, maintain, use, operate and convey or otherwise dispose of any and all property of any kind, real, personal or mixed, or any interest or estate therein, within the project area, necessary for the project or any facility related to the project, with the concurrence of the affected public agency, and the exercise of the powers granted by this act, according to the procedures provided by Chapter 27, Title 11, Mississippi Code of 1972, except as modified by this act.

(i) In acquiring lands by condemnation, the authority shall not acquire minerals or royalties in minerals unless a competent registered professional engineer shall have certified that the acquisition of such minerals and royalties in minerals is necessary for purposes of the project; provided that limestone, clay, chalk, sand and gravel shall not be considered as minerals within the meaning of this section; and

(ii) Unless minerals or royalties in minerals have been acquired by condemnation or otherwise, no person or persons owning the drilling rights or the right to share in production of minerals shall be prevented from exploring, developing, or producing oil or gas with necessary rights-of-way for ingress and egress, pipelines and other means of transporting interests on any land or interest therein of the authority held or used for the purposes of this act; but any such activities shall be under such reasonable regulation by the authority as will adequately protect the project contemplated by this act as provided in subparagraph (t) of this section.

(j) To negotiate the necessary relocation or rerouting of roads and highways, railroad, telephone and telegraph lines and properties, electric power lines, pipelines and related facilities, or to require the anchoring or other protection of any of these, provided due compensation is paid to the owners thereof or agreement is had with such owners regarding the payment of the cost of such relocation, and to acquire by condemnation or otherwise easements or rights-of-way for such relocation or rerouting and to convey the same to the owners of the facilities being relocated or rerouted in connection with the purposes of this act.

(k) To negotiate the necessary relocation of cemeteries and to pay all reasonable costs thereof.

(l) To perform or have performed any and all acts and make all payments necessary to comply with all applicable federal laws, rules or regulations including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, 4602, 4621 to 4638, and 4651 to 4655) and relocation rules and regulations promulgated by any agency or department of the federal government.

(m) To construct, extend, improve, maintain, and reconstruct, to cause to be constructed, extended, improved, maintained, and reconstructed, and to use and operate any and all components of the project or any facility related to the project, with the concurrence of the affected public agency, within the project area, necessary to the project and to the exercise of such powers, rights, and privileges granted the authority.

(n) To incur or defray any designated portion of the cost of any component of the project or any facility related to the project acquired or constructed by any public agency.

(o) To lease, sell or convey any or all property acquired by the authority under the provisions of this act to the enterprise, its successors or assigns, and in connection therewith to pay the costs of title search, perfection of title, title insurance and recording fees as may be required. The authority may provide in the instrument conveying such property a provision that such property shall revert to the authority if, as and when the property is declared by the enterprise to be no longer needed.

(p) To enter into contracts with any person or public agency including, but not limited to, contracts authorized by Section 75-57-17, in furtherance of any of the purposes authorized by this act upon such consideration as the authority and such person or public agency may agree. Any such contract may extend over any period of time, notwithstanding any rule of law to the contrary, may be upon such terms as the parties thereto shall agree, and may provide that it shall continue in effect until bonds specified therein, refunding bonds issued in lieu of such bonds, and all other obligations specified therein are paid or terminated. Any such contract shall be binding upon the parties thereto according to its terms. Such contracts may include an agreement to reimburse the enterprise, its successors and assigns for any assistance provided by the enterprise in the acquisition of real property for the project or any facility related to the project.

(q) To establish and maintain reasonable rates and charges for the use of any facility within the project area owned or operated by the authority, and from time to time to adjust such rates and to impose penalties for failure to pay such rates and charges when due.

(r) To adopt and enforce with the concurrence of the affected public agency all necessary and reasonable rules and regulations to carry out and effectuate the implementation of the project and any land use plan or zoning classification adopted for the project area, including but not limited to rules, regulations, and restrictions concerning mining, construction, excavation or any other activity the occurrence of which may endanger the structure or operation of the project. Such rules may be enforced within the project area and without the project area as necessary to protect the structure and operation of the project. The authority is authorized to plan or replan, zone or rezone, and make exceptions to any regulations, whether local or state, with the concurrence of the affected public agency which are inconsistent with the design, planning, construction or operation of the project and facilities related to the project.

(s) To plan, design, coordinate and implement measures and programs to mitigate impacts on the natural environment caused by the project or any facility related to the project.

(t) To develop plans for technology transfer activities to ensure private sector conduits for exchange of information, technology and expertise related to the project to generate opportunities for commercial development within the state.

(u) To consult with the State Department of Education and other public agencies for the purpose of improving public schools and curricula within the project area.

(v) To consult with the State Board of Health and other public agencies for the purpose of improving medical centers, hospitals and public health centers in order to provide appropriate health care facilities within the project area.

(w) To consult with the Office of Minority Business Enterprise Development and other public agencies for the purpose of developing plans for technical assistance and loan programs to maximize the economic impact related to the project for minority business enterprises within the State of Mississippi.

(x) To deposit into the "Yellow Creek Project Area Fund" created pursuant to Section 57-75-31:

(i) Any funds or aid received as authorized in this section for the project described in Section 57-75-5(f)(vii), and

(ii) Any funds received from the sale or lease of property from the project described in Section 57-75-5(f)(vii) pursuant to the powers exercised under this section.

(y) To manage and develop the project described in Section 57-75-5(f)(vii) subject to the provisions of Section 57-75-29.

(z) To convey to the Yellow Creek Regional Project Board created in Section 57-75-29 or to the Tri-State Commerce Park Area Project Board created in Section 2 of House Bill No. , 1998 Regular Session:

(i) The project described in Section 57-75-5(f)(vii), and

(ii) Any property acquired by the authority pursuant to Section 57-75-27.

(aa) To promulgate rules and regulations necessary to effectuate the purposes of this act.

SECTION 7. Section 57-75-29, Mississippi Code of 1972, is amended as follows:

57-75-29. (1) There is hereby created the Yellow Creek Regional Project Board which shall consist of nine (9) members appointed as follows:

(a) Three (3) members who are residents of Tishomingo County, one (1) of whom shall be appointed by the Governor, one (1) of whom shall be appointed by the Lieutenant Governor and one (1) of whom shall be appointed by the Board of Supervisors of Tishomingo County;

(b) Two (2) members who are residents of Alcorn County, one (1) of whom shall be appointed by the Lieutenant Governor and one (1) of whom shall be appointed by the Board of Supervisors of Alcorn County;

(c) Two (2) members who are residents of Itawamba County, one (1) of whom shall be appointed by the Lieutenant Governor and one (1) of whom shall be appointed by the Board of Supervisors of Itawamba County; and

(d) Two (2) members who are residents of Prentiss County, one (1) of whom shall be appointed by the Lieutenant Governor and one (1) of whom shall be appointed by the Board of Supervisors of Prentiss County.

(2) Members of the Yellow Creek Regional Project Board shall serve for a term concurrent with the term of the appointing authority and until their successor is appointed. Any vacancy on the board shall be filled by appointment of the original appointing authority for the remainder of the unexpired term. Members of the board shall receive no compensation for their services, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties, as provided in Section 25-3-41 for state officers and employees. The board shall operate under the rules and regulations of the authority and shall meet at such times as determined by the authority. The members of the board shall select a chairman and a vice-chairman from among their membership. From and after July 1, 1998, the powers, duties, employees and property of the board created in this section shall be transferred to the Tri-State Commerce Park Area Project Board created in Section 2 of House Bill No. , 1998 Regular Session.

(3) Any proposal by the authority regarding the development, operation and planning of the project described in Section 57-75-5(f)(vii) shall be presented to the Yellow Creek Regional Project Board prior to its implementation. The authority shall not implement any proposal regarding the development, operation and planning of the project if such proposal is rejected by a vote of two-thirds (2/3) of the membership of the Yellow Creek Regional Project Board.

(4) The Yellow Creek Regional Project Board shall have the authority to examine monthly expense reports regarding expenditures made from the Yellow Creek Project Area Fund.

SECTION 8. Section 57-75-31, Mississippi Code of 1972, is amended as follows:

57-75-31. There is created in the State Treasury a special fund, separate and apart from any other fund, to be designated the "Yellow Creek Project Area Fund," into which shall be deposited any funds authorized to be deposited by the Mississippi Major Economic Impact Authority pursuant to Section 57-75-11. Money deposited into the fund shall not lapse at the end of any fiscal year and any interest earned on any investment of money in the fund shall remain in the fund. Money in the fund shall be appropriated by the Legislature upon recommendation of the Mississippi Major Economic Impact Authority to fund costs associated with the operation and management of the project described in Section 57-75-5(f)(vii). If the Mississippi Major Economic Impact Authority conveys the project described in Section 57-75-5(f)(vii) and any property acquired by the authority pursuant to Section 57-75-27, to the Tri-State Commerce Park Area Project Board, the monies in the fund will be transferred to the Tri-State Commerce Park Area Project Fund created in Section 4 of House Bill No. , 1998 Regular Session.

SECTION 9. Section 27-104-27, Mississippi Code of 1972, is amended as follows:

27-104-27. Notwithstanding anything in Sections 27-103-101 through 27-103-139 and 27-104-1 through 27-104-29 contained, the same shall not be construed to apply to any agency supported wholly by funds granted or allotted under any Act of Congress. The State Auditor of Public Accounts and after July 1, 1986, the State Fiscal Officer, shall determine which special fund accounts in the State Treasury require an appropriation act and request an appropriation for such special fund accounts. For all other special fund accounts, the State Auditor of Public Accounts, or the State Fiscal Officer after July 1, 1986, shall certify that such accounts do not require an appropriation. The Legislative Budget Office shall recommend an appropriation for each special fund account existing in the State Treasury so certified as requiring an appropriation, unless exempted as hereinafter provided. In the event the Legislative Budget Committee and the State Fiscal Officer find that any state agency should not be included under the provisions of Sections 27-103-101 through 27-103-139 and 27-104-1 through 27-104-29, then the said committee and officer may, in their discretion, exempt said state agency from the provisions thereof. Sections 27-103-101 through 27-103-139 and 27-104-1 through 27-104-29 shall not apply to funds collected and disbursed by a state agency created and existing under the provisions of Sections 73-3-101 through 73-3-169. Sections 27-103-101 through 27-103-139 and 27-104-1 through 27-104-29 shall not apply to funds deposited into the special fund created pursuant to Section 45-9-101 or the special fund created in Section 2 of House Bill No. , 1998 Regular Session.

The State Fiscal Officer shall not promulgate or attempt to enforce any rule, order or regulation which is not in accordance with the provisions of a legally executed trust indenture agreement; nor shall Sections 27-103-101 through 27-103-139 and 27-104-1 through 27-104-29 be construed to apply to funds collected and disbursed by a state agency under Sections 65-33-45 and 65-33-47.

SECTION 10. Section 29-1-1, Mississippi Code of 1972, is brought forward as follows:

29-1-1. (1) Except as otherwise provided in subsection (7) and subsection (8) of this section, the title to all lands held by any agency of the State of Mississippi which were acquired solely by the use of funds appropriated by the state shall appear on all deeds and land records under the name of the "State of Mississippi." For the purpose of this section, the term "agency" shall be defined as set forth in Section 31-7-1(a). The provisions of this section shall not affect the authority of any agency to use any land held by the agency. No assets or property of the Public Employees' Retirement System of Mississippi shall be transferred in violation of Section 272A of the Mississippi Constitution of 1890. Before September 1, 1993, each state agency shall inventory any state-held lands which were acquired solely by the use of funds appropriated by the state, and which are titled in the name of the agency. The agency shall execute quitclaim deeds and any other necessary documents to transfer the name and title of the property to the State of Mississippi.

(2) The Secretary of State, under the general direction of the Governor and as authorized by law, shall sell and convey the public lands in the manner and on the terms provided herein for the several classes thereof; he shall perform all the administrative and executive duties appertaining to the selection, location, surveying, platting, listing, and registering these lands or otherwise concerning them; and he shall investigate the status of the various "per cent" funds accrued and accruing to the state from the sale of lands by the United States, and shall collect and pay the funds into the treasury in the manner provided by law.

(3) In accordance with Sections 7-11-11 and 7-11-13, the Secretary of State shall be required to sign all conveyances of all state-held land. For purposes of this section, the term "conveyance" shall mean any sale or purchase of land by the State of Mississippi for use by any agency, board or commission thereof. Failure to obtain legislative approval pursuant to subsection (4) of this section and the signature of the Secretary of State on any conveyance regarding the sale or purchase of lands for the state including any agency, board or commission thereof, shall render the attempted sale or purchase of the lands void. Nothing in this section shall be construed to authorize any state agency, board, commission or public official to convey any state-held land unless this authority is otherwise granted by law. The Secretary of State shall not withhold arbitrarily his signature from any purchase or sale authorized by the Mississippi State Legislature. All sales of state-held lands, except those lands forfeited to the state for the nonpayment of taxes and those lands acquired by the Mississippi Transportation Commission under Section 65-1-123, shall be sold for not less than the fair market value as determined by two (2) professional appraisers selected by the State Department of Finance and Administration, who are certified general appraisers of the State of Mississippi. The proceeds from any sale by an agency, board, commission or public official of state-held lands shall be deposited into the State General Fund unless otherwise provided by law.

(4) Before any state-held land is sold to any individual or private entity, thirty (30) days' advance notice of the intended sale shall be provided by the Secretary of State to the state Legislature, to all state agencies and to all governing authorities within the state for the purpose of ascertaining whether an agency or governing authority has a need for the land and for the purpose of ascertaining whether the sale of the land was authorized by law. If no agency or governing authority within the state expresses in writing to the Secretary of State by the end of the thirty-day period a desire to use the land, then the Secretary of State, with the prior approval of the Mississippi Legislature to sell the state-held land, may offer the land for sale to any individual or private entity.

(5) A cultural resources survey may be performed on any state-held land before the disposition of the land if the State Department of Archives and History deems this survey necessary. The cost of the survey and any archaeological studies deemed necessary by the State Department of Archives and History shall be paid by the selling agency and recouped from the proceeds of the sale.

(6) Before any land may be purchased by the state for the benefit of any state agency, the Secretary of State, or his designee, shall search and examine all state land records to determine whether the state owns any land that may fit the particular need of the agency. The Secretary of State, or his designee, shall notify the agency if it is determined that any state-held land is available for use by the agency. The agency shall determine if such land accommodates its needs and shall determine whether to make an official request to the proper authorities to have the use of the land.

(7) Any lands purchased or acquired for construction and maintenance of highways or highway rights-of-way by the Mississippi Department of Transportation shall be excluded from the provisions of this section.

(8) This section shall not apply to any agency of the State of Mississippi that holds title to lands purchased solely by the use of federal funds or whose authority to transfer or dispose of these lands is governed by federal law or federal regulations.

(9) The Secretary of State may recover from any agency, corporation, board, commission, entity or individual any cost that is incurred by his office for the record-keeping responsibilities regarding the sale or purchase of any state-held lands.

(10) Subsections (3), (4), (5) and (6) of this section shall not apply to sales or purchases of land when the Legislature expressly authorizes or directs a state agency to sell, purchase or lease-purchase a specifically described property.

SECTION 11. Section 29-9-9, Mississippi Code of 1972, is amended as follows:

29-9-9. (1) Whenever any vehicle, equipment, office furniture, office fixture or any other personal property which has been acquired or is owned by any institution, department or agency of the State of Mississippi becomes obsolete or is no longer needed or required for the use of such institution, department or agency, the same may be: (a) sold for cash, transferred, traded or exchanged for other property, furniture, equipment, fixture or vehicle needed by said institution, department or agency after having first obtained the written approval of the Governor's Office of General Services and the State Auditor or approval by the Legislative Budget Office if utilized under the jurisdiction of the Legislature; or (b) donated to any institution, department or agency of the State of Mississippi, or any political subdivision or local governing authority of the state. The singular shall include the plural. Transfers, trades, exchanges or donations made pursuant to this subsection may be made to any political subdivision or local governing authority of the State of Mississippi.

(2) The proceeds of all cash sales made, as authorized in this section, shall be paid over into the support and maintenance or contingent fund of the institution, department or agency as it deems best.

(3) The head of each state institution, department or agency shall be responsible and liable personally and on his official bond, in the amount of the value shown on the state inventory, for the disposal of any property contrary to the provisions of this section.

(4) The Office of General Services, on the approval of the Public Procurement Review Board, is hereby authorized and empowered to make reasonable rules and regulations and to require such information as may be necessary to carry out the purpose and provisions of this section.

(5) Any violation of the provisions hereof by any elected head of any institution, department, commission or agency of the State of Mississippi, or any appointee or employee of any institution, department, agency or commission coming under the provisions of this section, shall constitute a misdemeanor and, upon conviction therefor, shall be punished by a fine of not exceeding One Thousand Dollars ($1,000.00) in addition to personal and official liability, as hereinabove provided.

(6) The disposal of any unneeded personal property at the project described in Section 57-75-5(f)(vii), may be made in accordance with the provisions of this section by the Mississippi Major Economic Impact Authority, with the consent of the Yellow Creek Regional Project Board as created in Section 57-75-29, under such rules and regulations as may be adopted by such authority. If the State of Mississippi conveys the project described in Section 57-75-5(f)(vii) and any property acquired by the state pursuant to Section 57-75-27, to the Yellow Creek Regional Project Board or the Tri-State Commerce Park Area Project Board created in Section 2 of House Bill No. , 1998 Regular Session, the disposal of any unneeded personal property may be made under such rules and regulations as may be adopted by the Yellow Creek Regional Project Board or the Tri-State Commerce Park Area Project Board, as appropriate.

SECTION 12. Sections 1 through 4 of this act shall be codified in Chapter 75, Title 57, Mississippi Code of 1972.

SECTION 13. This act shall take effect and be in force from and after July 1, 1998.