House Bill 1093

(As Sent to Governor)

AN ACT TO REQUIRE THE JOINT LEGISLATIVE COMMITTEE ON PERFORMANCE EVALUATION AND EXPENDITURE REVIEW (PEER) TO CONDUCT A REVIEW OF THE EFFECTIVENESS OF THE MISSISSIPPI DEVELOPMENT AUTHORITY'S EFFORT FUNDED THROUGH THE MISSISSIPPI DEVELOPMENT AUTHORITY TOURISM ADVERTISING FUND IN 2024 AND EVERY FOUR YEARS THEREAFTER; TO AMEND SECTION 57-1-64, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) In addition to the expenditure review of the Mississippi Development Authority Tourism Advertising Fund required by Section 27-65-75(23)(b), the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) shall conduct a review of advertising and marketing efforts paid for through the Mississippi Development Authority Tourism Advertising Fund, including, but not limited to, the effectiveness of attracting out-of-state visitors, the effectiveness of digital advertising efforts, and the administration and oversight by the Mississippi Development Authority (MDA) regarding expenditures from the fund. The review shall be provided to the Lieutenant Governor, the Speaker of the House of Representatives, the Chairman of the Senate Tourism Committee, the Chairman of the House of Representatives Tourism Committee, and the Governor by no later than December 1, 2024, and every four (4) years thereafter.

(2) The PEER Committee may contract with a private contractor or contractors to conduct the review, or any part or parts thereof. In the event that the PEER Committee determines that contractors should be used, it shall seek competitive proposals for services and select the lowest and best proposal or proposals. The MDA shall be legally and unconditionally obligated to pay the costs of any work performed by any such contractor or contractors utilized by the PEER Committee utilizing funds originating from the Mississippi Development Authority Tourism Advertising Fund.

(3) Upon completion of the review and after the Executive Director of the PEER Committee has accepted the work product of the contractor or contractors, the contractor or contractors utilized shall submit to the MDA an invoice or invoices for the costs of services rendered in an amount not to exceed One Hundred Thousand Dollars ($100,000.00) in the aggregate.

SECTION 2. Section 57-1-64, Mississippi Code of 1972, is amended as follows:

57-1-64. (1) The Mississippi Development Authority is authorized to sell advertising and other tourism promotional information through the Mississippi Development Authority Internet website and other marketing outlets, and to enter into agreements with tourism associations and similar entities for the purpose of making and facilitating sales through the use of such entities. Revenues received from such sales shall be placed into the special fund created in subsection (2) of this section.

(2) There is created a special fund in the State Treasury to be known as the Mississippi Development Authority Tourism Advertising Fund which shall consist of monies from any source designated for deposit into the fund. 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 may be used by the Mississippi Development Authority for the purpose of paying costs incurred in connection with the purchase of Internet advertising and other promotional information and materials related to Mississippi tourism resources and activities, and for paying costs required under Section 1 of this act.

(3) The Mississippi Development Authority shall have all powers necessary to implement and administer the provisions of this section.

SECTION 3. This act shall take effect and be in force from and after July 1, 2022.