MISSISSIPPI LEGISLATURE

2002 Regular Session

To: Ports and Marine Resources

By: Senator(s) Hewes, Gollott

Senate Bill 2834

AN ACT TO AMEND SECTION 29-15-9, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FUNDS APPROPRIATED TO THE DEPARTMENT OF MARINE RESOURCES FROM THE PUBLIC TRUST TIDELANDS FUND THAT ARE DESIGNATED IN LINE ITEMS OF THE APPROPRIATION BILL FOR MANAGEMENT PROJECTS OR PUBLIC ACCESS PROJECTS SHALL NOT BE PAID TO AN ENTITY NAMED IN THE BILL TO RECEIVE FUNDS FOR A DESIGNATED PROJECT UNTIL THE ENTITY HAS MADE EXPENDITURES FOR THE PROJECT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 29-15-9, Mississippi Code of 1972, is amended as follows:

     29-15-9.  (1)  There is * * * created in the State Treasury a special fund to be known as the "Public Trust Tidelands Fund."  The fund shall be administered by the Secretary of State as trustee.

     (2)  Any funds derived from lease rentals of tidelands and submerged lands, except those funds derived from mineral leases, or funds previously specifically designated to be applied to other agencies, shall be transferred to the special fund.  However, funds derived from lease rentals may be used to cover the administrative cost incurred by the Secretary of State.  Any remaining funds derived from lease rentals shall be disbursed pro rata to the local taxing authorities for the replacement of lost ad valorem taxes, if any.  Then, any remaining funds shall be disbursed to the commission for new and extra programs of tidelands management, such as conservation, reclamation, preservation, acquisition, education or the enhancement of public access to the public trust tidelands or public improvement projects as they relate to those lands.

     (3)  Any funds appropriated to the Commission on Marine Resources or the Department of Marine Resources from the Public Trust Tidelands Fund that are designated in line items of the appropriation bill for management projects, public access projects or public improvement projects, as authorized under subsection (2) of this section, shall not be paid to an entity named in the bill to receive funds for a designated project until the entity has made expenditures for the project.  The commission or department shall use the funds allocated in the bill for each designated project to reimburse the entity named for that project for expenditures made by the entity on the project.  An entity may be reimbursed from the appropriated funds only after the entity has provided the commission or department with detailed written invoices showing the amount and purpose of the expenditures for which the entity is seeking reimbursement.

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