MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Rules
By: Representatives Currie, Eure, McKnight, Calvert, Faulkner, Gibbs (72nd), Foster, McCray, Paden
AN ACT TO DIRECT THE STATE FISCAL OFFICER TO MAKE TRANSFERS OF FUNDS OUT OF THE DFA CARES ACT COVID-19 FUND TO CERTAIN SPECIAL FUNDS CREATED BY THIS ACT; TO CREATE THE "MISSISSIPPI TOURISM RECOVERY FUND" AS A SPECIAL FUND IN THE STATE TREASURY TO BE ADMINISTERED BY THE DEPARTMENT OF FINANCE AND ADMINISTRATION FOR THE PURPOSE OF PROVIDING FUNDS TO THE MISSISSIPPI DEVELOPMENT AUTHORITY AND TO DESTINATION MARKETING ORGANIZATIONS TO ASSIST IN PAYING COSTS OF CERTAIN MARKETING ACTIVITIES; TO DEFINE THE TERMS "DESTINATION MARKETING ORGANIZATIONS" AND "MARKETING ACTIVITIES" FOR THE PURPOSES OF THIS ACT; TO PROVIDE FOR THE MANNER IN WHICH THE DEPARTMENT OF FINANCE AND ADMINISTRATION SHALL DISTRIBUTE FUNDS TO DESTINATION MARKETING ORGANIZATIONS UNDER THIS ACT; TO TRANSFER UNEXPENDED MONIES IN THE FUND AS OF DECEMBER 1, 2020, TO THE UNEMPLOYMENT COMPENSATION FUND; TO CREATE THE "MISSISSIPPI NONPROFIT ART MUSEUMS RECOVERY FUND" AS A SPECIAL FUND IN THE STATE TREASURY TO BE ADMINISTERED BY THE DEPARTMENT OF FINANCE AND ADMINISTRATION FOR THE PURPOSE OF PROVIDING FUNDS TO NONPROFIT ART MUSEUMS TO ASSIST IN PAYING COSTS ASSOCIATED WITH CLEANING, DISINFECTION, SOCIAL DISTANCING MEASURES AND OTHER HEALTH AND SAFETY MEASURES NECESSARY IN ORDER TO REOPEN TO THE PUBLIC DUE TO THE CORONAVIRUS 2019; TO TRANSFER UNEXPENDED MONIES IN THE FUND AS OF DECEMBER 1, 2020, TO THE UNEMPLOYMENT COMPENSATION FUND; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The COVID-19 public health emergency has had a significant negative impact on Mississippi's tourism industry and its nonprofit art museums. The funds provided in this act are necessary expenditures related to COVID-19, the purpose of which is to publicize the resumption of tourism activities and steps taken to ensure a safe tourism experience and to assist nonprofit art museums with costs associated with cleaning, disinfection, social distancing measures and/or other health and safety measures necessary for such museums to reopen to the public.
SECTION 2. (1) Upon the effective date of this act, the State Fiscal Officer shall transfer the sum of Thirty Million Dollars ($30,000,000.00) from the Budget Contingency Fund to the Mississippi Tourism Recovery Fund created by Section 3 of this act.
(2) Upon the effective date of this act, the State Fiscal Officer shall transfer the sum of One Million Two Hundred Sixty-nine Thousand Three Hundred Fifty Dollars ($1,269,350.00) from the Budget Contingency Fund to the Mississippi Nonprofit Art Museums Recovery Fund created by Section 4 of this act.
SECTION 3. (1) As used in this section, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:
(a) "Destination marketing organization" means special local governmental units created by local and private laws of the State of Mississippi for the purpose of tourism promotion, funded by special local tax levies, and staffed with professionals engaged in out-of-state tourism marketing and tourism product development for municipalities, counties and/or regions.
(b) "Marketing activities" means multi-media marketing and advertising including digital media, broadcast media, and printed media including travel publications, production, travel market sector analysis, consumer travel sentiment, public relations, communication strategy, direct sales bookings, group tour bookings, tourism development and administrative costs to execute marketing activities related to the business disruption effects of the Coronavirus Disease 2019 as expressed in Section 1 of this act.
(2) (a) There is hereby created in the State Treasury a special fund to be designated as the "Mississippi Tourism Recovery Fund," which shall consist of funds made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be used by the Department of Finance and Administration, upon appropriation by the Legislature, for the purposes provided in this section. Monies in the fund shall be disbursed in compliance with the guidelines, guidance, rules, regulations and/or other criteria, as may be amended from time to time, of the United States Department of the Treasury regarding the use of monies from the Coronavirus Relief Fund established by the Coronavirus Aid, Relief, and Economic Security Act. If on December 1, 2020, there are unexpended monies in the fund, those monies shall be transferred to the Unemployment Compensation Fund. Monies in the fund shall be disbursed by the Department of Finance and Administration as follows:
(i) Five Million Four Hundred Thousand Dollars ($5,400,000.00) shall be disbursed to the Mississippi Development Authority for the purpose of paying the costs of marketing activities,
(ii) Five Hundred Thousand Dollars ($500,000.00) shall be disbursed to the Tate County Economic Development Foundation for use by the foundation to assist the Senatobia Chamber of Commerce Main Street program in paying the costs of marketing activities,
(iii) One Hundred Thousand Dollars ($100,000.00) shall be disbursed to the Brookhaven Tourism Council to assist in paying the costs of marketing activities, and
(iv) Twenty-four Million Dollars ($24,000,000.00) shall be disbursed as provided in paragraph (b) of this subsection (2) to assist destination marketing organizations in paying costs for marketing activities.
(b) (i) The Department of Finance and Administration shall determine, in conjunction with the destination marketing organizations, the allocations of monies provided under paragraph (a)(iv) of this subsection (2) as follows:
1. Not more than Ten Million Dollars ($10,000,000.00) of such monies shall be allocated to destination marketing organizations in a manner that will provide monies to a destination marketing organization in an amount equal to seventy-five percent (75%) of the destination marketing organization's marketing and advertising expenditures during the 2019 fiscal year, and
2. Not more than Fourteen Million Dollars ($14,000,000.00) of such monies shall be allocated to destination marketing organizations based on the proportion that a destination marketing organization's contribution toward total tourism visitors in the state according to the 2019 Fiscal Year Visit Mississippi Visitors Profile Report bears to all destination marketing organizations' contributions toward total tourism visitors in the state according to the 2019 Fiscal Year Visit Mississippi Visitors Profile Report. However, a destination marketing organization shall not receive an amount less than One Hundred Thousand Dollars ($100,000.00) under this item 2.
(ii) Before receiving funds under this paragraph (b), a destination marketing organization must certify to the Department of Finance and Administration that:
1. The funds will only be used for marketing activities, and
2. The funds will be expended before December 30, 2020, unless otherwise authorized by federal law or guidance.
(iii) Destination marketing organizations receiving funds under this paragraph (b) shall keep and maintain records related to expenditures. Destination marketing organizations receiving funds under this paragraph (b) shall also track impacts of their marketing activities through special levy tax receipts, hotel occupancy indicators, other tourism industry metrics, and analytics from marketing campaigns, as appropriate. Such destination marketing organizations shall provide quarterly reports on expenditures and economic impacts of their marketing activities to the Department of Finance and Administration, the Governor, the Lieutenant Governor, the Speaker of the House of Representatives and the Department of Audit.
(3) The Department of Finance and Administration and the Department of Audit shall have all powers necessary for the implementation of this section.
SECTION 4. (1) There is hereby created in the State Treasury a special fund to be designated as the "Mississippi Nonprofit Art Museums Recovery Fund," which shall consist of funds made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be used by the Department of Finance and Administration, upon appropriation by the Legislature, for the purposes provided in this section. Monies in the fund shall be disbursed in compliance with the guidelines, guidance, rules, regulations and/or other criteria, as may be amended from time to time, of the United States Department of the Treasury regarding the use of monies from the Coronavirus Relief Fund established by the Coronavirus Aid, Relief, and Economic Security Act. If on December 1, 2020, there are unexpended monies in the fund, those monies shall be transferred to the Unemployment Compensation Fund. Monies in the fund shall be disbursed by the Department of Finance and Administration as follows to assist nonprofit museums in paying costs associated with cleaning, disinfection, social distancing measures and/or other health and safety measures necessary in order to reopen to the public due to the Coronavirus 2019:
(a) Seven Hundred Thirty-six Thousand Two Hundred Twenty Dollars ($736,220.00) shall be disbursed to the Mississippi Museum of Art in Jackson, Mississippi;
(b) One Hundred Sixty-four Thousand Seven Hundred Dollars ($164,700.00) shall be disbursed to the Walter Anderson Museum of Art in Ocean Springs, Mississippi;
(c) Sixty-seven Thousand Sixty-five Dollars ($67,065.00) shall be disbursed to the Lauren Rogers Museum of Art, in Laurel, Mississippi;
(d) Two Hundred Fifty Thousand Dollars ($250,000.00) shall be disbursed to the Mississippi Arts and Entertainment Experience (MAX) in Meridian, Mississippi; and
(e) Fifty-one Thousand Four Hundred Ten Dollars ($51,410.00) shall be disbursed to the Ohr-O'Keefe Museum of Art, in Biloxi, Mississippi.
(2) The Department of Finance and Administration shall have all powers necessary for the implementation of this section.
SECTION 5. This act shall take effect and be in force from and after its passage.