MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Transportation; Ways and Means

By: Representatives Davis, Watson, Barnett (92nd), Cameron, Cummings, Dedeaux, Eakes, Ellis, Ellzey, Evans, Fleming, Fillingane, Formby, Franks, Hamilton, Ishee, Janus, Jennings, Lott, Moore (100th), Moss, Read, Robinson (84th), Rogers, Rotenberry, Shows, Smith (59th), Snowden, Wallace, Weathersby, West

AN ACT TO AMEND SECTION 65-4-5, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF THE TERM "HIGH ECONOMIC BENEFIT PROJECT" AS USED IN THE ECONOMIC DEVELOPMENT HIGHWAY ACT TO INCLUDE CERTAIN PRIVATE COMPANIES PHYSICALLY LOCATED WITHIN A ONE-HALF MILE RADIUS OF EACH OTHER; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 65-4-5, Mississippi Code of 1972, is amended as follows:

65-4-5. (1) The following words when used in this chapter shall have the meanings herein ascribed unless the context otherwise clearly requires:

(a) "Board" means the Mississippi Department of Economic and Community Development;

(b) "Department" means the Mississippi Department of Transportation;

(c) "High economic benefit project" means (i) any new investment by a private company with capital investments in land, buildings, depreciable fixed assets and improvements of at least Fifty Million Dollars ($50,000,000.00); (ii) any new investment of at least Twenty Million Dollars ($20,000,000.00) by a private company having capital investments in this state in land, buildings, depreciable fixed assets and improvements of at least One Billion Dollars ($1,000,000,000.00) in the aggregate; (iii) public investment of at least One Hundred Million Dollars ($100,000,000.00) to take place over a specified period of time and in accordance with a master plan duly adopted by the controlling political subdivision; (iv) any new investments in land, buildings, depreciable fixed assets and improvements by two (2) private companies upon land that is adjacent whenever the new investments of both companies is at least Sixty Million Dollars ($60,000,000.00) in the aggregate, and such new investments by both private companies provide for the employment of at least five hundred (500) employees in the aggregate; (v) any project which would benefit from the construction of any highway bypass which would aid in economic development and would provide an alternate route to avoid an existing route which underpasses a railroad and which would aid in existing or proposed industry; (vi) any master planned community consisting of an integrated commercial, industrial, recreational, educational, health care and residential development and improvements located on a project site of which not less than fifty percent (50%) of the housing units within such residential development is set aside for and devoted to retirees and which development is the product of a long-range, multiphase development plan combining a complementary mix of land uses representing unifying characteristics and design elements and providing comprehensive planning and logical and staged implementation and development; or (vii) any new investments in land, buildings, depreciable fixed assets and improvements by not more than three (3) private companies physically located within a one-half (1/2) mile radius of each other whenever the new investments of such companies is at least Sixty Million Dollars ($60,000,000.00) in the aggregate, and such new investments by such companies provide for the employment of at least three hundred (300) new employees in the aggregate. However, if a private company that has met the definition of a high economic benefit project under paragraph (c)(i) of this subsection and that has been approved for such project has investments in land, buildings, depreciable fixed assets and improvements which exceeds Fifty Million Dollars ($50,000,000.00), then an amount equal to fifty percent (50%) of such investments that exceeds Fifty Million Dollars ($50,000,000.00) shall be subtracted from the Sixty Million Dollars ($60,000,000.00) in aggregate value of new investments required under this paragraph (c)(vii).

(d) "Political subdivision" means one or more counties or incorporated municipalities in the state, or a state-owned port located in a county bordering on the Gulf of Mexico;

(e) "Private company" means (i) any agricultural, aquacultural, maricultural, processing, distribution, warehousing, manufacturing or research and development enterprise; (ii) any air transportation and maintenance facility, regional shopping mall, hospital, large hotel, resort or movie industry studio; (iii) the federal government with respect to any specific project which meets the criteria established in paragraph (c)(i) of this subsection; (iv) any existing or proposed industry in regard to a project described in paragraph (c)(v) of this subsection; or (v) a developer with respect to any specific project which meets the criteria established in paragraph (c)(vi) of this subsection.

(2) The Mississippi Department of Transportation is hereby authorized to purchase rights-of-way and construct and maintain roads and highways authorized to be constructed pursuant to this chapter.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.