House Bill 994

AN ACT TO AUTHORIZE THE DEPARTMENT OF ARCHIVES AND HISTORY TO ACQUIRE THE CELLULAR TOWER AND ASSOCIATED EQUIPMENT OWNED BY THE CITY OF JACKSON CURRENTLY LOCATED ON NORTH STREET BETWEEN AMITE AND MISSISSIPPI STREETS; TO AUTHORIZE THE DEPARTMENT TO DIRECT THE CONSTRUCTION OF A CELLULAR TOWER ON A PORTION OF THE PROPERTY OF THE STATE FAIRGROUNDS FOR THE PURPOSE OF LEASING THE TOWER TO THE CITY OF JACKSON BECAUSE OF THE REMOVAL OF THE CITY-OWNED CELLULAR TOWER CURRENTLY LOCATED ON NORTH STREET BETWEEN AMITE AND MISSISSIPPI STREETS; TO PROVIDE THAT THE COST OF CONSTRUCTING THE CELLULAR TOWER SHALL BE PAID FROM PUBLIC OR PRIVATE FUNDS FROM ANY SOURCE; TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO LEASE THE STATE-OWNED CELLULAR TOWER AND LAND NECESSARY TO OPERATE THE TOWER, LOCATED ON THE STATE FAIR GROUNDS, TO THE CITY OF JACKSON FOR A PERIOD OF FIFTY YEARS; TO PROVIDE THAT THE CITY OF JACKSON MAY SUBLEASE SPACE ON THE TOWER TO CELLULAR CARRIERS ON TERMS AGREEABLE TO THE CITY AND THE CARRIERS; TO AMEND SECTION 69-5-3, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The Department of Archives and History is authorized to acquire the cellular tower and associated equipment owned by the City of Jackson currently located on North Street between Amite and Mississippi Streets.

(2) The Department of Archives and History is authorized to direct the construction of a cellular tower on a portion of the property of the State Fairgrounds for the purpose of leasing the tower to the City of Jackson because of the removal of the city-owned cellular tower currently located on North Street between Amite and Mississippi Streets. The cost of constructing the cellular tower shall be paid from public or private funds made available to or received by the department from any source.

(3) The Department of Finance and Administration is authorized to lease the state-owned cellular tower and land necessary to operate the tower, located on the State Fairgrounds, to the City of Jackson. The lease shall be for a period of fifty (50) years for consideration of One Dollar ($1.00), and the City of Jackson may sublease space on the tower to cellular carriers on terms agreeable to the city and the carriers.

SECTION 2. Section 69-5-3, Mississippi Code of 1972, is amended as follows:

69-5-3. (1) The Department of Agriculture and Commerce shall set up rules and regulations consistent with the law governing the distribution of state monies for premiums or awards. It will be the duty of the department, at least twice each year, to approve premium lists or awards, and give out rules governing participants in state premium money in Mississippi. The department may invite the presidents of the various district livestock shows before the department when determining policies affecting district livestock shows.

(2) The Department of Agriculture and Commerce is hereby authorized to accept money or funds donated to the department, including funds to be awarded as prizes in livestock competition. Any money or funds received under this subsection shall be placed in a special fund. The department shall not expend any money or funds from the special fund without appropriation by the Legislature.

(3) The Department of Agriculture and Commerce shall have charge of the State Fairgrounds located in Jackson, Mississippi, including all buildings and improvements thereon, except for the cellular tower described in Section 1 of this act that is located on the property of the State Fairgrounds, and shall have full power and authority in perfecting plans and causing to be held thereon the Mississippi State Fair and other such events that may be authorized by the department. The Mississippi State Fair shall be held on the State Fairgrounds as defined by this subsection.

(4) The Department of Agriculture and Commerce is hereby authorized to employ an attorney as prescribed in Section 69-1-14.

(5) The Department of Agriculture and Commerce may take any action authorized in Section 1 of Chapter 306, Laws of 2000.

(6) Subject to the approval of the Department of Finance and Administration, the Department of Agriculture and Commerce may allow a commercial, charitable or governmental entity to use, publish and advertise such entity's name in connection with any of the buildings, improvements, grounds or objects located on the State Fairgrounds as defined in subsection (3) of this section, except for the Kirk Fordice Equine Center, or in connection with any of the events conducted on the State Fairgrounds in return for a monetary consideration paid to the department. Furthermore, the department may lease to any public, private, commercial or charitable entity for a term not to exceed twenty (20) years naming rights to buildings, except for the Kirk Fordice Equine Center, or property, including, but not limited to, new construction, improvements to existing buildings, grounds and/or objects located on the State Fairgrounds as defined in subsection (3) of this section in return for consideration benefitting the commission. The lessee shall pay the cost of erecting, maintaining and removing signage related to the property. Those funds received from an entity for allowing its name to be used, published or advertised in connection with the buildings, improvements, objects or events shall be retained by the department to be used for capital improvements to the fairgrounds or in its annual operating budget subject to appropriation by the Legislature and shall be deposited in the special fund referenced in subsection (8) of this section. The department shall not enter into any such agreement with any vendor whose products are illegal for participation in or use by persons eighteen (18) years of age and under.

(7) The Commissioner of Agriculture and Commerce is authorized to form and establish a private foundation or nonprofit corporation to receive and disburse private funds for the purpose of supporting the fairgrounds through fundraising efforts and the acceptance of donations for the benefit of the fairgrounds. The funds shall be disbursed in accordance with the guidelines described in this section, and the foundation or nonprofit corporation shall be subject to the reporting requirements described in subsection (10) of this section. All funds shall remain with the foundation until disbursement and shall not be transferred to the State General Fund. No public funds shall be deposited into the account of the private foundation or nonprofit corporation established by the department for the benefit of the State Fairgrounds, nor shall the Legislature appropriate any State General Fund or Special Fund monies to the foundation or nonprofit corporation for such purposes. All monies received by the foundation shall be maintained separately from funds allocated to the department for operating and administrative costs associated with the State Fairgrounds as defined in subsection (3) of this section. In addition to the reporting of information to be included in the annual legislative report of the department, the private foundation or nonprofit corporation shall be subject to annual financial audits by the State Auditor and by auditors of donors in the same manner as required for state agencies.

(8) The Department of Agriculture and Commerce shall have the authority to enter into a lease or right-of-way with a third party covering any land or buildings on the State Fairgrounds as defined in subsection (3) of this section, and any funds generated from such lease or right-of-way shall remain in a special fund managed by the department for the benefit of the State Fairgrounds. All monies in the special fund shall be subject to appropriation by the Legislature and may be used for capital improvements to the State Fairgrounds as defined in subsection (3) of this section, or in the department's annual operating budget for operating and administrative costs associated with the State Fairgrounds. Any unexpended funds remaining in the special fund shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited in the fund.

(9) The Department of Agriculture and Commerce is hereby authorized, with the advice of the Mississippi Fair Advisory Council, to adopt such rules and regulations as may be necessary or desirable to carry out, execute or implement the provisions of this article.

(10) The Department of Agriculture and Commerce shall report by January 1 of each year a detailed financial statement of all monies received and expended under subsection (6) and subsection (7) of this section to the Lieutenant Governor, the Speaker of the House of Representatives and the Chairman of the Senate Agriculture Committee and the Chairman of the House of Representatives Agriculture Committee and the Chairs of the Appropriations Committees of the House and Senate.

SECTION 3. This act shall take effect and be in force from and after its passage.