Senate Bill 2532

AN ACT TO REVISE THE POWERS AND DUTIES OF THE STATE INLAND PORT AUTHORITY; TO AMEND SECTION 59-17-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE WORD "BOARD" AS USED IN THE CHAPTER SHALL MEAN THE MISSISSIPPI DEVELOPMENT AUTHORITY; TO AMEND SECTION 59-17-13, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE INLAND PORT AUTHORITY TO BORROW MONEY AND TO ENTER INTO A JOINT AGREEMENT WITH A COUNTY OR MUNICIPALITY TO ISSUE REVENUE BONDS, AND TO PROVIDE THAT ALL LEASES EXECUTED BY THE AUTHORITY MAY BE EXEMPT FROM AD VALOREM TAXES IF SO STIPULATED IN THE LEASE; TO AMEND SECTION 59-17-15, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PREVIOUS SECTION; TO AMEND SECTION 59-17-29, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD TO GIVE PREFERENCE IN EMPLOYMENT WHERE PRACTICAL TO RESIDENTS OF THE STATE OF MISSISSIPPI AND TO QUALIFIED RESIDENTS OF THE CITY AND COUNTY IN WHICH THE PORT OR HARBOR IS LOCATED; TO AMEND SECTION 59-17-31, MISSISSIPPI CODE OF 1972, TO REVISE THE PURCHASING POWERS OF THE AUTHORITY; TO AMEND SECTION 59-17-41, MISSISSIPPI CODE OF 1972, TO REVISE THE PURPOSE FOR WHICH BOND PROCEEDS MAY BE USED; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 59-17-1, Mississippi Code of 1972, is amended as follows:

59-17-1. This chapter may be cited as the "State Inland Ports Law."

As used in this chapter, the word "board" shall mean the Mississippi * * *~~Agricultural and Industrial Board~~ Development Authority.

SECTION 2. Section 59-17-13, Mississippi Code of 1972, is amended as follows:

59-17-13. (1) The board shall have power to acquire, purchase, install, lease, construct, own, hold, maintain, equip, use, control, and operate ports, harbors, waterways, channels, wharves, piers, docks, quays, elevators, tipples, compresses, bulk loading and unloading facilities, warehouses, floating dry docks, graving docks, marine railways, tugboats, machinery and equipment, and water, air and rail terminals, and roadways and approaches thereto, and other structures and facilities needful for the convenient use of the same in the aid of commerce, including the dredging, deepening, extending, widening, or enlarging of any ports, harbors, rivers, channels, and waterways, the damming of inland waterways, the establishment of water basins, the acquisition and development of industrial sites and the reclaiming of submerged lands.

(2) The State Inland Port Authority, subject to the approval of the board, shall have the power to borrow money from any source, public or private, for any of its corporate purposes and to give such security as may be required in connection therewith and to enter into a joint agreement with the boards of supervisors of any county, or the governing authority of any municipality, or both acting jointly, to issue revenue bonds of such county or municipality, or both, acting jointly, as provided by Section 59-7-311 which bonds may be payable out of any revenues of the authority, including grants or contributions from the federal government or other sources. Such revenue bonds may be issued without an election on resolution of the board of supervisors, governing body of the municipality, or both acting jointly, and shall not be subject to any limitation as to amount, and shall not be included or computed in the statutory limitation of indebtedness of any such county or municipality.

(3) All leases which are now in effect or which may hereafter be executed by the State Inland Port Authority for port, harbor, commercial or industrial improvements, and all structures and all improvements and other permanent facilities erected, installed or located by such lessees, or their successors or assignees within the limits of any port, harbor or part thereof, may be free and exempt from all state, county and municipal ad valorem taxes if so stipulated in such lease, and for such period as may be fixed in such lease, not to exceed such periods of time as are now authorized or may be hereafter authorized by law.

SECTION 3. Section 59-17-15, Mississippi Code of 1972, is amended as follows:

59-17-15. The board, in addition to the * * * ~~moneys~~ monies which may be received by it from the sale of bonds, the proceeds of a loan, and from the collection of revenues, rents and earnings derived under the provisions of this chapter, shall have the authority to accept from any public or private agency, or from any individual grants or loans for or in aid of the construction of any planned development, or for the payment of bonds, and to receive and accept contributions from any source, of money or property or other things of value to be held, used and applied only for the purposes for which such grants, loans or contributions may be made.

SECTION 4. Section 59-17-29, Mississippi Code of 1972, is amended as follows:

59-17-29. The board, acting jointly with the State Inland Port Authority, is authorized to set aside, or lease all or portions of any lands, roads, docks, sheds, warehouses, elevators, compresses, floating dry docks, graving docks, marine railways, tugboats, or any other necessary or useful improvements constructed or acquired by it to individuals, firms, or corporations, public or private, for port, harbor, commercial or industrial purposes for a period not to exceed ninety-nine (99) years, or to execute a conveyance of sale * * *~~, except as otherwise limited by law,~~ on such terms and conditions and with such safeguards as would best promote and protect the public interest. Any industrial lease of lands or conveyance of sale may be executed upon such terms and conditions and for such monetary rental or other consideration as may be found adequate and approved by the board in orders or resolutions authorizing the same. Any covenants and agreements * * *~~shall require~~ of the lessee or purchaser to make expenditures in determined amounts, and within such time or times, for improvements to be erected upon the land * * *, by such lessee or purchaser and to conduct thereon industrial and/or other operations in such aggregate payroll amounts and for such period of time as may be determined and defined in such lease * * *. or conveyance, and to give preference in employment where practical to residents of the State of Mississippi and to qualified residents of the city and the county in which such port or harbor is located, shall, if included in such lease or conveyance, constitute and be deemed sufficient consideration for the execution of any such lease or conveyance in the absence of monetary rental or other considerations; and such instrument may contain reasonable provisions giving the lessee the right to remove its or his improvements upon the termination of the lease.

SECTION 5. Section 59-17-31, Mississippi Code of 1972, is amended as follows:

59-17-31. The board or the State Inland Port Authority, in the performance of its duties, may employ such personnel and make all contracts and purchases incidental to or necessary for the advancement, promotion, development, establishment, insurance, maintenance, repair, improvement and operation of any ports, harbors, rivers, channels and waterways, including, if required for its protection, retirement benefits, workers' compensation insurance and other employee benefits for the benefit of any employees of the board or State Inland Port Authority. The board or State Inland Port Authority * * *~~may, in its discretion,~~ shall make such contracts or purchases * * * in accordance with state purchasing laws. Contracts let for any port, harbor, river, channel or waterway improvements shall be advertised as required by law for the letting of public contracts, and such contracts shall be awarded to the lowest and best bidder, who shall make such bond as shall be required by the board or State Inland Port Authority, conditioned for the faithful prosecution and completion of the work according to such contract, such bond to be furnished by a corporate surety company qualified to do business in this state. However, the board may negotiate and enter into contracts with responsible lessees for the construction of facilities by lessees, such as those referred to in Section 59-17-13, Mississippi Code of 1972, and the acquisition thereof by the board upon such terms and conditions and for such amounts as may be approved by the board. Where the rentals provided in the lease will be sufficient to fully repay the cost of the particular facility or where the monetary consideration for a deed is sufficient to fully repay the cost of land acquired for industrial operations described in said deed, contracts for construction, repairs, maintenance and operation of the facility or for the sale of the land may be negotiated and consummated without the necessity of advertising and obtaining competitive bids therefor.

The authority is granted the power to sue and be sued in its own name.

SECTION 6. Section 59-17-41, Mississippi Code of 1972, is amended as follows:

59-17-41. The bonds issued under the provisions of this chapter shall be payable from the special fund provided therefor as hereinafter set out and shall be the general obligations of the State of Mississippi and backed by the full faith and credit of the state, and, if the funds supplied by the board to the State Treasurer from the sources prescribed by this chapter be insufficient to fully pay at maturity any installment of interest on said bonds or to pay at maturity the principal of said bonds, then the deficiency shall be paid by the State Treasurer from any funds in the State Treasury not otherwise appropriated, and all such bonds shall contain recitals on their face substantially covering the foregoing provisions of this section. The amount of bonds issued for the acquisition and planned development of any state inland ports, harbors or waterways shall not exceed the sum of One Million Five Hundred Thousand Dollars ($1,500,000.00). The purpose of this One Million Five Hundred Thousand Dollar ($1,500,000.00) bond issue is to purchase industrial sites and railroad right-of-way nearby the inland port.

From and after July 1, 1980, and contingent upon the tax levy authorized in Section 59-17-19, an additional amount of bonds not to exceed Two Million Dollars ($2,000,000.00) may be issued pursuant to the provisions of this chapter * * * to. The proceeds of such bonds may be used for * * * any activities associated with carrying out the powers described in Section 59-17-13.

SECTION 7. This act shall take effect and be in force from and after its passage.