MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Ways and Means

By: Representative Ellzey

AN ACT TO REPEAL SECTION 31-31-11, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE LEVY OF AN OCCUPANCY TAX ON HOTELS AND MOTELS IN THE CITY OF JACKSON, MISSISSIPPI, FOR THE PURPOSE OF PROVIDING FUNDS FOR THE PAYMENT OF A CERTAIN PORTION OF THE DEBT SERVICE ON BONDS ISSUED UNDER THE MISSISSIPPI TELECOMMUNICATION CONFERENCE AND TRAINING CENTER ACT AND FOR THE PURPOSE OF PROVIDING FUNDS FOR THE MAINTENANCE OF THE MISSISSIPPI TELECOMMUNICATION CONFERENCE AND TRAINING CENTER AND RENOVATIONS, IMPROVEMENTS AND ADDITIONS TO SUCH FACILITY; TO AMEND SECTIONS 31-31-7, 31-31-9 AND 31-31-15, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO REQUIRE THE STATE FISCAL OFFICER TO TRANSFER TO THE STATE GENERAL FUND THE BALANCE OF MONEY IN THE MISSISSIPPI TELECOMMUNICATION CONFERENCE AND TRAINING FACILITY RESERVE FUND AND INTEREST EARNED ON ANY MONEY DEPOSITED INTO THE FUND; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 31-31-11, Mississippi Code of 1972, which authorizes the levy of an occupancy tax on hotels and motels in the City of Jackson, Mississippi, for the purpose of providing funds for the payment of a certain portion of the debt service on bonds issued under the Mississippi Telecommunication Conference and Training Center Act and for the purpose of providing funds for the maintenance of the Mississippi Telecommunication Conference and Training Center and renovations, improvements and additions to such facility, is repealed.

SECTION 2. Section 31-31-7, Mississippi Code of 1972, is amended as follows:

31-31-7. The commission shall have the following powers:

(a) To sue and be sued in its own name;

(b) To maintain offices at such places as it may designate;

(c) To establish, construct, enlarge, improve, maintain, equip, operate and regulate the facility and other property incidental thereto, including any additional property or facilities considered by the commission to promote the business, usage or economic viability of the facility;

(d) To grant to others the privilege to operate for-profit concessions, leases and franchises, including but not limited to, the furnishing of food and banquet services, management services, and other services necessary to the operation of the facility and such concessions, leases and franchises shall be exclusive or limited;

(e) To determine fees, rates and charges for the use of its facilities;

(f) To apply for and accept gifts, or grants of money or gifts, grants or loans of other property or other financial assistance from any source;

(g) To borrow funds needed to carry out the purposes of this chapter; provided, however, that such debt may be secured only by the revenues generated by the facility * * * and the proceeds of any bonds issued pursuant to this chapter;

(h) To appoint, employ or engage such officers, employees, architects, engineers, attorneys, accountants, financial advisors, investment bankers and other advisors, consultants, and agents as may be necessary or appropriate;

(i) To make, assume and enter into all contracts, leases and arrangements necessary or incidental to the exercise for its powers, including contracts for management, operation or marketing of all or any part of its facilities;

(j) To adopt, amend and repeal rules and regulations for the use, maintenance and operation of its facilities and governing the conduct of persons and organizations using its facilities and to enforce such rules and regulations; and

(k) To do all things necessary or convenient to the purposes of this chapter.

SECTION 3. Section 31-31-9, Mississippi Code of 1972, is amended as follows:

31-31-9. All monies and revenues collected by the commission from fees, rates and charges for the use of its facilities shall be paid by the commission to the State Treasurer, to be deposited to the credit of a special fund to be known as the "Mississippi Telecommunication Conference and Training Center Fund." Money in the fund at the end of a fiscal year shall not lapse into the General Fund and interest earned on any amounts deposited into the fund shall be credited to the special fund. * * * All expenses incident to the operation and upkeep of the facility shall be paid out of the fund.

SECTION 4. Section 31-31-15, Mississippi Code of 1972, is amended as follows:

31-31-15. (1) Upon receipt of (a) a resolution from the Mississippi Telecommunication Conference and Training Center Commission stating that the commission is ready to proceed with the planning and construction of a telecommunication conference and training facility to be located in the City of Jackson, Mississippi, * * * and (b) a determination by the Department of Economic and Community Development that a business plan for the operation of the facility that has been submitted to such department by the Mississippi Telecommunication Conference and Training Center Commission is feasible, the Department of Finance and Administration, at one time or from time to time, may declare by resolution the necessity for issuance of general obligation bonds of the State of Mississippi to provide funds for construction, equipping and furnishing a telecommunication conference and training facility and for the purchase of land in the City of Jackson, Mississippi, on which to construct such facility.

(2) Upon the adoption of a resolution by the Department of Finance and Administration, declaring the necessity for the issuance of any part or all of the general obligation bonds authorized by this section, the department shall deliver a certified copy of its resolution or resolutions to the State Bond Commission. Upon receipt of such resolution, the State Bond Commission, in its discretion, may act as the issuing agent, prescribe the form of the bonds, advertise for and accept bids, issue and sell the bonds so authorized to be sold, and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds.

(3) The amount of bonds issued under this chapter shall not exceed Seventeen Million Five Hundred Thousand Dollars ($17,500,000.00).

SECTION 5. Within thirty (30) days after the effective date of House Bill No. , 1999 Regular Session, the State Fiscal Officer shall transfer to the State General Fund the balance of money in the Mississippi Telecommunication Conference and Training Facility Reserve Fund and interest earned on any money deposited into the fund.

SECTION 6. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action for taxes due or accrued under the sales tax laws before the date on which this act becomes effective, whether such claims, assessments, appeals, suits or actions have been begun before the date on which this act becomes effective or are begun thereafter; and the provisions of the sales tax laws are expressly continued in full force, effect and operation for the purpose of the assessment, collection and enrollment of liens for any taxes due or accrued and the execution of any warrant under such laws before the date on which this act becomes effective, and for the imposition of any penalties, forfeitures or claims for failure to comply with such laws.

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