MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Finance

By: Senator(s) Little, Gollott, Robertson, Moffatt, Cuevas, Woodfield, Hewes, Minor

Senate Bill 3188

(As Sent to Governor)

AN ACT TO AMEND SECTION 31-17-127, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT TEMPORARY BORROWINGS THAT MAY BE MADE AS AN ALTERNATIVE TO THE ISSUANCE OF BONDS FOR THE PURPOSE OF PROVIDING FUNDS FOR CERTAIN GAMING COUNTIES INFRASTRUCTURE PROJECTS SHALL NOT EXCEED $300,000,000.00; TO INCREASE THE PERIOD OF TIME WITHIN WHICH SUCH NOTE SHALL MATURE TO NOT MORE THAN 10 YEARS; TO AMEND SECTION 65-39-1, MISSISSIPPI CODE OF 1972, TO INCLUDE AN ADDITIONAL SEGMENT OF HIGHWAY IN MARSHALL AND DESOTO COUNTIES, AN ADDITIONAL SEGMENT OF HIGHWAY IN HARRISON COUNTY, AND CERTAIN SPECIFIC HIGHWAY SEGMENTS IN THE CITY OF VICKSBURG; TO AMEND SECTION 75-76-129, MISSISSIPPI CODE OF 1972, TO EXTEND UNTIL JULY 1, 2012, THE PROVISION THAT DIVERTS GAMING REVENUE TO THE GAMING COUNTIES BOND SINKING FUND AND TO PROVIDE THAT SUCH DIVERSION SHALL BE AN AMOUNT EQUAL TO $3,000,000.00 PER MONTH; TO PROVIDE THAT THE GAMING REVENUE COLLECTED EACH MONTH THAT IS IN EXCESS OF $3,000,000.00, BUT IS LESS THAN 25% OF THE AMOUNT COLLECTED DURING THAT MONTH, SHALL BE DEPOSITED INTO THE STATE HIGHWAY FUND TO BE USED EXCLUSIVELY FOR THE RECONSTRUCTION AND MAINTENANCE OF HIGHWAYS OF THE STATE OF MISSISSIPPI; TO AMEND SECTION 75-76-177, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO DESIGNATE CERTAIN ADDITIONAL SECTIONS OF HIGHWAY IN PANOLA COUNTY, CLAY COUNTY AND DESOTO COUNTY AS PART OF THE STATE HIGHWAY SYSTEM AND TO PLACE THEM UNDER THE JURISDICTION OF THE TRANSPORTATION COMMISSION; TO DELETE A CERTAIN SECTION OF HIGHWAY IN CALHOUN COUNTY FROM THE STATE HIGHWAY SYSTEM AND TO RETURN IT TO THE JURISDICTION OF THE BOARD OF SUPERVISORS; TO DESIGNATE A CERTAIN SEGMENT OF HIGHWAY IN COPIAH COUNTY AS A PART OF THE STATE HIGHWAY SYSTEM AND TO PLACE IT UNDER THE JURISDICTION OF THE MISSISSIPPI TRANSPORTATION COMMISSION; TO DIRECT THE TRANSPORTATION DEPARTMENT TO RELOCATE AND CONSTRUCT A CERTAIN SEGMENT OF STATE HIGHWAY IN PRENTISS COUNTY; TO DIRECT THE TRANSPORTATION DEPARTMENT TO RELOCATE AND CONSTRUCT A CERTAIN SEGMENT OF HIGHWAY IN MONROE COUNTY; TO DIRECT THE TRANSPORTATION DEPARTMENT TO CONSTRUCT AND RECONSTRUCT CERTAIN SEGMENTS OF HIGHWAY IN PONTOTOC, LEE, MONROE AND ITAWAMBA COUNTIES AS PART OF THE STATE HIGHWAY SYSTEM; TO DIRECT THE TRANSPORTATION DEPARTMENT TO CONSTRUCT AND RECONSTRUCT TO FOUR LANES OF TRAFFIC A CERTAIN SEGMENT OF MISSISSIPPI HIGHWAY 8 IN BOLIVAR AND SUNFLOWER COUNTIES; TO AUTHORIZE THE USE AND EXPENDITURE OF CERTAIN MONIES PROVIDED BY THE TRANSPORTATION COMMISSION TO THE OFFICE OF STATE AID ROAD CONSTRUCTION FOR THE IMPROVEMENT OF CERTAIN ROADS IN CLAY COUNTY FOR THE PURPOSE OF PROVIDING CONVENIENT ACCESS TO THE SITE OF THE 1999 UNITED STATES LADIES PROFESSIONAL GOLF ASSOCIATION TOUR; TO PROVIDE THAT THE MONIES PROVIDED BY THE COMMISSION FOR SUCH PURPOSES SHALL BE DEDUCTED FROM FUTURE STATE AID ROAD ALLOCATIONS TO CLAY COUNTY AND REPAID TO THE COMMISSION; AND FOR RELATED PURPOSES. 

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

 

SECTION 1. Section 31-17-127, Mississippi Code of 1972, is amended as follows:

31-17-127. (1)(a) At any time when the revenue designated under Sections 27-5-101, 27-19-99, 27-19-325, 27-57-37 and 27-65-75 to defray the cost of constructing or reconstructing highways under the Four-Lane Highway Program created under Section 65-3-97 is insufficient to fund the construction priorities as they are scheduled in subsection (3) of Section 65-3-97, * * * the State Bond Commission, upon receipt of a resolution from the Mississippi Transportation Commission requesting the same, is hereby authorized, on the credit of the state, to make temporary borrowings in the aggregate principal amount not to exceed Two Hundred Million Dollars ($200,000,000.00) in order to provide funds in such amounts as may, from time to time, be deemed necessary. In order to provide for, and in connection with such temporary borrowings, the State Bond Commission is hereby authorized in the name and on behalf of the state to enter into any purchase, loan or credit agreement, or agreements, or other agreement or agreements with any banks or trust companies or other lending institutions, investment banking firms or persons in the United States having power to enter into the same, which agreements may contain such provisions not inconsistent with the provisions of Sections 27-5-101, 27-19-99, 27-19-325, 27-57-37, 27-65-75 and 65-3-97 * * * as may be authorized by the State Bond Commission.

(b) As an alternative to the issuance of bonds under the provisions of Sections 65-39-5 through 65-39-33, for the purpose of providing funds for infrastructure projects under Section 65-39-1, the State Bond Commission, upon receipt of a resolution from the Mississippi Transportation Commission requesting the same, is hereby authorized, on the credit of the state, to make temporary borrowings in the aggregate principal amount not to exceed Three Hundred Million Dollars ($300,000,000.00) in order to provide funds in such amounts as may, from time to time, be deemed necessary. In order to provide for, and in connection with such temporary borrowings, the State Bond Commission is hereby authorized in the name and on behalf of the state to enter into any purchase, loan or credit agreement, or agreements, or other agreement or agreements with any banks or trust companies or other lending institutions, investment banking firms or persons in the United States having power to enter into the same, which agreements may contain such provisions not inconsistent with the provisions of Section 65-39-1 as may be authorized by the State Bond Commission.

(2) All temporary borrowings made under this section shall be evidenced by notes of the state which shall be issued, from time to time, for such amounts not exceeding in the aggregate the applicable statutory and constitutional debt limitation, in such form and in such denominations and subject to terms and conditions of sale and issue, prepayment or redemption and maturity, rate or rates of interest and time of payment of interest as the State Bond Commission shall authorize and direct and in accordance with Sections 27-5-101, 27-19-99, 27-19-325, 27-57-37, 27-65-75, 65-3-97 and 65-39-1; however, such notes shall mature not more than ten (10) years from the date of issuance. Such authorization and direction may provide for the subsequent issuance of replacement notes to refund, upon issuance thereof, such notes, and may specify such other terms and conditions with respect to the notes and replacement notes thereby authorized for issuance as the seller may determine and direct.

(3) When the authorization and direction of the State Bond Commission provide for the issuance of replacement notes, the State Bond Commission is hereby authorized in the name and on behalf of the state to enter into agreements with any banks, trust companies, investment banking firms or other institutions or persons in the United States having the power to enter the same:

(a) To purchase or underwrite an issue or series of issues of notes.

(b) To enter into any purchase, loan or credit agreements, and to draw monies pursuant to any such agreements on the terms and conditions set forth therein and to issue notes as evidence of borrowings made under any such agreements.

(c) To appoint or act as issuing and paying agent or agents with respect to notes.

(d) To do such other acts as may be necessary or appropriate to provide for the payment, when due, of the principal of and interest on such notes.

Such agreements may provide for the compensation of any purchasers or underwriters of notes or replacement notes by payment of a fixed fee or commission at the time of issuance thereof, and for all other costs and expenses, including fees for agreements related to the notes issuing and paying agent costs. Costs and expenses of issuance may be paid from the proceeds of the notes.

(4) When the authorization and direction of the State Bond Commission provides for the issuance of replacement notes, it shall, at or prior to the time of delivery of these notes or replacement notes, determine the principal amounts, dates of issue, interest rate or rates, rates of discount, denominations and all other terms and conditions relating to the issuance. The State Treasurer shall perform all acts and things necessary to pay or cause to be paid, when due, all principal of and interest on the notes being refunded by replacement notes and to assure that the same may draw upon any monies available for that purpose pursuant to any purchase loan or credit agreements established with respect thereto, all subject to the authorization and direction of the seller.

(5) Outstanding notes evidencing such borrowings to defray the cost of constructing or reconstructing highways under the Four-Lane Highway Program established in Section 65-3-97 may be funded and retired by the revenue designated under Sections 27-5-101, 27-19-99, 27-19-325, 27-57-37 and 27-65-75. Outstanding notes evidencing such borrowings to defray the cost of infrastructure projects under Section 65-39-1 may be funded and retired from monies in the Gaming Counties Bond Sinking Fund created under Section 65-39-3. The refunding notes must be issued and sold not later than a date two (2) years after the date of issuance of the first notes evidencing such borrowings to the extent that payment of such notes has not otherwise been made or provided for by sources other than proceeds of replacement notes.

(6) The proceeds of all such temporary borrowing shall be paid to the Mississippi Transportation Commission to be held and disposed of in accordance with the provisions of Sections 27-5-101, 27-19-99, 27-19-325, 27-57-37, 27-65-75, 65-3-97 and 65-39-1.

SECTION 2. Section 65-39-1, Mississippi Code of 1972, is amended as follows:

65-39-1. (1) The Mississippi Transportation Commission is authorized, subject to the availability of funds in the Gaming Counties State-Assisted Infrastructure Fund created in Section 65-39-17, to conduct feasibility studies and, pursuant to information gathered in such studies, select routes and locations, perform preliminary engineering, acquire necessary right-of-way and property, construct and/or reconstruct and improve existing or new highways, roads, streets and bridges, including two-lane, four-lane and multi-lane roads (or segments thereof), perform intersection improvements, provide signal retiring, turnbay extensions, additional interchanges and other traffic modifications, within and approaching those counties in this state where legal gaming is being conducted or is authorized. Any highway, road, street or bridge that is authorized to be constructed, reconstructed or improved shall meet design standards established by the Mississippi Department of Transportation, shall be constructed to bear a load limit of at least eighty thousand (80,000) pounds and, upon completion, shall become a part of the state highway system, and thereafter shall be under the jurisdiction of the Mississippi Transportation Commission and the Mississippi Department of Transportation for construction and maintenance.

(2) The projects authorized in subsection (1) of this section shall include, but shall not be limited to, highways, roads, streets and bridges on and along the following locations:

(a) U.S. Highway 90 from its intersection with Mississippi 607 in Hancock County to Ocean Springs, and including Lakeshore Road in Hancock County from its intersection with U.S. Highway 90 to Beach Boulevard;

(b) Mississippi 4 from U.S. Highway 61 to Mississippi 3;

(c) Mississippi 4 from Mississippi 3 to Senatobia;

(d) Lorraine/Cowan Road from U.S. Highway 90 to I-10;

(e) U.S. Highway 49 from U.S. Highway 90 to I-10 in Gulfport;

(f) Mississippi 304 beginning at the Tennessee State Line at or near U.S. 72 and thence running in a southwesterly direction to intersect with U.S. 78 at or near Byhalia and thence running in a westerly direction to intersect I-55 at or near Hernando and thence running in a westerly direction to intersect with U.S. 61 in DeSoto County, with a spur extending southwesterly to or near Robinsonville in Tunica County;

(g) I-10 from Exit 28 to Exit 57;

(h) A new location from the northernmost point on I-110 to U.S. 49;

(i) U.S. Highway 61 from the Tunica County line to the Tennessee state line;

(j)(i) Four-lanes for traffic along Mississippi 16 beginning at its intersection with Mississippi 25 and extending easterly to join the existing four-lane on the west side of Carthage within the corporate boundaries;

(ii) Passing lanes and turn lanes, as needed, along Mississippi 16 beginning at a point on the east side of Carthage within the corporate boundaries where the existing

four-lane ends and extending easterly to the Leake/Neshoba county line; and

(iii) Four-lanes for traffic along Mississippi 16 beginning at the Leake/Neshoba county line and extending easterly to not more than ten (10) miles east of Mississippi 15;

(k) Lorraine/Cowan Road Extension from I-10 North to relocated/reconstructed Mississippi 67;

(l) At various locations on and along U.S. Highway 82 and Mississippi 1 in the City of Greenville;

(m) At various locations on and along I-20, U.S. Highway 61 and U.S. Highway 80 in the City of Vicksburg, including a truck route from Harbor Industrial Park to U.S. Highway 61 north and an extension of South Frontage Road with railroad bridge to Interstate Highway 20;

(n) At various locations on and along U.S. Highway 61, U.S. Highway 65 and Washington Street in the City of Natchez;

(o) At various locations on and along U.S. Highway 90 in the City of Pass Christian;

(p) Mississippi 43/603 beginning where the existing four-lane ends north of I-10 and extending northerly to a point approximately one (1) mile north of Kiln where Mississippi 43/603 divides into Mississippi 43 and Mississippi 603;

(q) Mississippi 43 beginning where Mississippi 43 and Mississippi 603 divide and extending northwesterly to or near

Picayune; 

(r) U.S. 49 from U.S. 61 west to the Mississippi River bridge; * * *

(s) Subject to the conditions prescribed in subsection (3) of this section, a central Harrison County connector from I-10 to U.S. 90 in the vicinity of Canal Road to the Mississippi State Port at Gulfport; and

(t) An east Harrison County connector from U.S. 90 to I-10 to be located between the Cowan-Lorraine Road interchange and the I-110 interchange.

(3) Authorization for the project described in paragraph (2)(s) of this section is conditioned upon receipt by the Mississippi Transportation Commission of a written commitment by the Department of Economic and Community Development to make available for such project not less than Six Million Dollars ($6,000,000.00).

(4) All planning, construction, reconstruction and performance of the projects authorized under this section, including the letting of contracts, shall commence, proceed and be performed by the Mississippi Transportation Commission and the Mississippi Department of Transportation according to priorities based on volume capacity and traffic congestion in comparative project areas; however, if a project authorized in this section is also included in the four-lane highway program under Section 65-3-97, then all contracts necessary to be let for the completion of the project under this section shall be let not later than the priorities established for the letting of contracts for the project under Section 65-3-97.

(5)(a) Funds for the projects authorized under this section may be provided through the issuance of bonds under Sections 65-39-5 through 65-39-33, through the issuance of notes for such purposes under Section 31-17-127 or from such monies as may be available in the Gaming Counties State-Assisted Infrastructure Fund created under Section 65-39-17.

(b) In addition to the funds provided for under paragraph (a) of this subsection, funds for the project described in subsection (2)(s) of this section also may be provided from any available federal, state, county or municipal funds authorized for such project, including the Economic Development Highway Act.

SECTION 3. Section 75-76-129, Mississippi Code of 1972, is amended as follows:

 * * *

[Through June 30, 2012, this section shall read as follows:]

75-76-129. On or before the last day of each month all taxes, fees, interest, penalties, damages, fines or other monies collected by the State Tax Commission during that month under the provisions of this chapter, with the exception of (a) the local government fees imposed under Section 75-76-195, and (b) an amount equal to Three Million Dollars ($3,000,000.00) of the revenue collected pursuant to the fee * * * imposed under Section 75-76-177(1)(c), or an amount equal to twenty-five percent (25%) of the revenue collected pursuant to the fee imposed under Section 75-65-177(1)(c), whichever is the greater amount, shall be paid by the State Tax Commission to the State Treasurer to be deposited in the State General Fund. The local government fees shall be distributed by the State Tax Commission pursuant to Section 75-76-197. An amount equal to Three Million Dollars ($3,000,000.00) of the revenue collected during that month pursuant to the fee imposed under Section 75-76-177(1)(c) shall be deposited by the State Tax Commission into the bond sinking fund created in Section 65-39-3. The revenue collected during that month pursuant to the fee imposed under Section 75-76-177(1)(c) that is in excess of Three Million Dollars ($3,000,000.00), but is less than twenty-five percent (25%) of the amount of revenue collected during that month, shall be deposited into the State Highway Fund to be used exclusively for the reconstruction and maintenance of highways of the State of Mississippi.

[From and after July 1, 2012, this section shall read as follows:]

75-76-129. On or before the last day of each month, all taxes, fees, interest, penalties, damages, fines or other monies collected by the State Tax Commission during that month under the provisions of this chapter, with the exception of the local government fees imposed under Section 75-76-195, shall be paid by the State Tax Commission to the State Treasurer to be deposited in the State General Fund. The local government fees shall be distributed by the State Tax Commission pursuant to Section 75-76-197.

SECTION 4. Section 75-76-177, Mississippi Code of 1972, is amended as follows:

75-76-177. (1) From and after August 1, 1990, there is hereby imposed and levied on each gaming licensee a license fee based upon all the gross revenue of the licensee as follows:

(a) Four percent (4%) of all the gross revenue of the licensee which does not exceed Fifty Thousand Dollars ($50,000.00) per calendar month;

(b) Six percent (6%) of all the gross revenue of the licensee which exceeds Fifty Thousand Dollars ($50,000.00) per calendar month and does not exceed One Hundred Thirty-four Thousand Dollars ($134,000.00) per calendar month; and

(c) Eight percent (8%) of all the gross revenue of the licensee which exceeds One Hundred Thirty-four Thousand Dollars ($134,000.00) per calendar month.

(2) All revenue received from any game or gaming device which is leased for operation on the premises of the licensee-owner to a person other than the owner thereof or which is located in an area or space on such premises which is leased by the licensee-owner to any such person, must be attributed to the owner for the purposes of this section and be counted as part of the gross revenue of the owner. The lessee is liable to the owner for his proportionate share of such license fees.

(3) If the amount of license fees required to be reported and paid pursuant to this section is later determined to be greater or less than the amount actually reported and paid by the licensee, the Chairman of the State Tax Commission shall:

(a) Assess and collect the additional license fees determined to be due, with interest thereon until paid; or

(b) Refund any overpayment, with interest thereon, to the licensee.

Interest must be computed, until paid, at the rate of one percent (1%) per month from the first day of the first month following either the due date of the additional license fees or the date of overpayment.

(4) Failure to pay the fees provided for in this section when they are due for continuation of a license shall be deemed a surrender of the license.

SECTION 5. (1) The mileage of highways hereinafter specifically designated is in addition to the total mileage limitation of eight thousand six hundred (8,600) miles which is set out in Section 65-3-3, Mississippi Code of 1972.

(2) The following highways are hereby designated as state highways and shall be placed under the jurisdiction of the Mississippi Transportation Commission for construction and maintenance as hereinafter provided; and such highways, together with the highways designated in Sections 65-3-3 and 65-3-5, Mississippi Code of 1972, and any and all other laws adding links to the designated state highway system, are declared to be the state highway system of Mississippi:

Northern District

Panola County:

Mississippi Highway 310 from Interstate 55 easterly to the Lafayette County line.

Clay County:

Mississippi Highway 389 beginning at the Clay/Oktibbeha County line and extending northerly to Montpelier.

DeSoto County:

That portion of Getwell Road from the Tennessee state line south to its intersection with Church Road.

(3) The Mississippi Transportation Commission shall maintain, construct, take over and assume jurisdiction of the highway segments designated in subsection (2) of this section in the same manner and upon the same terms and conditions as set out in Sections 65-1-75, 65-3-3, 65-9-1 and 65-9-3.

SECTION 6. The following section of highway is deleted from the state highway system, removed from the jurisdiction of the Mississippi Transportation Commission, and returned to the jurisdiction of the Board of Supervisors of Calhoun County, Mississippi:

Northern District - Calhoun County:

Beginning on Mississippi Highway 32 at a point near Sherman Church, thence easterly to Mississippi Highway 9W, being approximately four (4) miles, all in Calhoun County.

SECTION 7. (1) The mileage of highway specifically designated in subsection (2) of this section is in addition to the total mileage limitation of eight thousand six hundred (8,600) miles that is set out in Section 65-3-3.

(2) The following highway is designated as a state highway and is placed under the jurisdiction of the Mississippi Transportation Commission for construction and maintenance; and

such highway, together with the highways designated in Sections 65-3-3 and 65-3-5, and all other laws adding links to the designated state highway system, are declared to be the state highway system of Mississippi:

Central District - Copiah County:

Beginning at the end of state-maintained Mississippi Highway 472 at intersection in S 1/2 of Section 11, Township 10 North, Range 9 East, and extending southeasterly via FAS Route 316 to end of state-maintained Mississippi Highway 472 in SW 1/4 of Section 17, Township 10 North, Range 10 East, a distance of approximately 3.0 miles.

(3) The Mississippi Transportation Commission shall maintain, construct, take over and assume jurisdiction of the highway designated in subsection (2) of this section in the same manner and upon the same terms and conditions as set out in Sections 65-1-75, 65-3-3, 65-9-1 and 65-9-3.

SECTION 8. The Mississippi Department of Transportation shall construct to department design standards and may acquire by gift, purchase or eminent domain proceedings such property as may be necessary to perform construction of the following described segment of highway.

Northern District - Monroe County:

Relocation of U.S. Highway 278 south of its current

route to provide for four (4) lanes of traffic

beginning at or near its intersection with the

eastern city limits of the City of Amory and

proceeding to a point at or near its intersection

with the western city limits of the City of Amory.

SECTION 9. (1) The Mississippi Department of Transportation shall construct to department design standards and may acquire by gift, purchase or eminent domain proceedings such property as may be necessary to perform construction of the following described segment of highway:

Northern District - Prentiss County:

Relocation of Mississippi Highway 30 beginning east of its intersection with Mississippi Highway 4 and Mississippi Highway 364, thence proceed southwesterly to a point on U.S. Highway 45 south of the City of Booneville.

(2) The mileage of highway specifically designated in subsection (1) of this section shall be under the jurisdiction of the Mississippi Transportation Commission for construction and maintenance and, together with the highways designated in Sections 65-3-3 and 65-3-5, and all other laws adding links to the state designated highway system, are declared to be the state highway system of Mississippi.

SECTION 10. (1) The Mississippi Department of Transportation shall construct to department design standards, may perform such reconstruction as may be required to existing highways and may acquire by gift, purchase or eminent domain proceedings such property as may be necessary to provide four (4) lanes for traffic on and along the following locations:

Northern District - Pontotoc, Lee and Monroe Counties:

Mississippi Highway 6 (Appalachian Corridor V) from Mississippi Highway 9 easterly to U.S. Highway 45 south of Tupelo and continuing easterly to existing Mississippi Highway 6 near Plantersville, a distance of approximately 10.5 miles, and Mississippi Highway 6 from the City of Amory to its intersection with U.S. Highway 45 south of Nettleton, including relocation of Mississippi Highway 6 south of Nettleton, a distance of approximately 10 miles.

Northern District - Itawamba County:

Mississippi Highway 76 (Appalachian Corridor V) from a point approximately 5.0 miles northeast of U.S. Highway 78 near the community of Fairview and extending northeasterly approximately 11 miles to the Alabama state line.

(2) The mileage of highways specifically designated in subsection (1) of this section shall be under the jurisdiction of the Mississippi Transportation Commission for construction and maintenance and, together with the highways designated in Sections 65-3-3 and 65-3-5, and all other laws adding links to the state designated highway system, are declared to be the state highway system of Mississippi.

SECTION 11. (1) In addition to such funds as are allocated in accordance with the provisions of Section 27-65-75, Mississippi Code of 1972, to Clay County for use on state aid system roads, and notwithstanding any restrictions, conditions or eligibility for the expenditure of such funds or any limitations on the total mileage for the state aid road system as may be otherwise provided under Chapter 9, Title 65, Mississippi Code of 1972, the State Aid Road Engineer shall distribute, approve and make available for expenditure and use by the Board of Supervisors of Clay County such additional monies, not to exceed Five Million Dollars ($5,000,000.00) as may be provided by the Mississippi Transportation Commission to the Office of State Aid Road Construction for reconstruction and improvement of the following roads located in Clay County for the purpose of providing necessary and convenient access to the site and surrounding area of the 1999 United States Ladies Professional Golf Association Tour:

(a) Old Waverly Road from Eshman Avenue to 8.2 miles to Town Creek Road;

(b) Eshman Avenue from Old Waverly Road to Industrial Access Road;

(c) Industrial Access Road from U.S. Highway 45A to Eshman Avenue;

(d) Cow Palace Road from U.S. Highway 45A to Old Tibbee Road;

(e) Old Tibbee Road from Cow Palace Road to Section Road;

(f) Section Road from Old Tibbee Road to 1.1 miles east of Curtis Orman Road;

(g) Curtis Orman Road from Section Road to Old Waverly Road;

(h) Churchill Road from Eshman Avenue to Pinkerton Road;

(i) Railroad Road from Churchill Road to Old Waverly Road;

(j) Pinkerton Road from Mississippi Highway 50 to Old Waverly Road;

(k) Mathews Gin Road from Mississippi Highway 50 southerly to Old Waverly Road; and

(l) Town Creek Road from Old Waverly Road to Mississippi Highway 50.

(2) The monies provided by the Mississippi Transportation Commission to the Office of State Aid Road Construction for use and expenditure on the projects described in subsection (1) of this section shall be deducted from future allocations of state aid road monies to Clay County and repaid by the Office of State Aid Road Construction to the Mississippi Transportation Commission at such time and in such manner as the commission may direct.

SECTION 12. The Mississippi Department of Transportation shall construct and reconstruct to department design standards and may acquire by gift, purchase or eminent domain proceedings such property as may be necessary to provide four (4) lanes for traffic on and along the following location:

Central District - Bolivar and Sunflower Counties:

Mississippi Highway 8 from Cleveland to Ruleville.

SECTION 13. Section 3 of this act shall take effect and be in force from and after January 1, 1998. The remainder of this act shall take effect and be in force from and after July 1, 1997.